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HomeMy WebLinkAbout20060502Application Part II.pdfECI 10 Camp v2. search the Customer's serving terminal for a suitable spare facility. If an xDSL Compatible Loop is found within the serving terminal, Verizon will perform a Line and Station Transfer (or "pair swap ) whereby the Verizon technician will transfer the Customer s existing service from one existing Loop facility onto an alternate existing xDSL Compatible Loop facility serving the same location. Verizon performs Line and Station Transfers in accordance with the procedures developed in the DSL Collaborative in the State of New York, NY PSG Case OO-C-O127. Standard intervals do not apply when Verizon performs a Line and Station Transfer, and additional charges shall apply as set forth in the Pricing Attachment. If ECI submits a Service Order for an xDSL Compatible or BRI ISDN Loop that has not been prequalified, Verizon will query the Service Order back to ECI for qualification and will not accept such Service Order until the Loop has been prequalified on a mechanized or manual basis. If ECI submits a Service Order for an xDSL Compatible or BRI ISDN Loop that is, in fact, not compatible with the requested service (e.g. ADSL, HDSL etc.) in its existing condition , Verizon will respond back to ECI with a "Nonqualified" indicator and with information showing whether the non-qualified result is due to the presence of load coils, presence of digital loop carrier, or loop length (including bridged tap). Where ECI has followed the prequalification procedure described above and has determined that a Loop is not compatible with xDSL technologies or BRIISDN service in its existing condition, it may either request an Engineering Query, where available, to determine whether conditioning may make the Loop compatible with the applicable service; or if ECI is already aware of the conditioning required (e. where ECI has previously requested a qualification and has obtained loop characteristics), ECI may submit a Service Order for a Digital Designed Loop. Verizon will undertake to condition or extend the Loop in accordance with this Section 3.2 of this Attachment upon receipt of ECI's valid, accurate and pre-qualified Service Order for a Digital Designed Loop. The Parties will make reasonable efforts to coordinate their respective roles in order to minimize provisioning problems. In general, where conditioning or loop extensions are requested by ECI, an interval of eighteen (18) Business Days will be required by Verizon to complete the loop analysis and the necessary construction work involved in conditioning and/or extending the loop as follows: Three (3) Business Days will be required following receipt of ECl's valid , accurate and pre-qualified Service Order for a Digital Designed or Conditioned Loop to analyze the loop and related plant records and to create an Engineering Work Order. Upon completion of an Engineering Work Order, Verizon will initiate the construction order to perform the changes/modifications to the Loop requested by ECI. Conditioning activities are, in most cases, able to be ECI 10 Camp v2. accomplished within fifteen (15) Business Days. Unforeseen conditions may add to this interval. After the engineering and conditioning tasks have been completed, the standard Loop provisioning and installation process will be initiated subject to Verizon s standard provisioning intervals. If ECI requires a change in scheduling, it must contact Verizon to issue a supplement to the original Service Order. If ECI cancels the request for conditioning after a loop analysis has been completed but prior to the commencement of construction work, ECI shall compensate Verizon for an Engineering Work Order charge as set forth in the Pricing Attachment. If ECI cancels the request for conditioning after the loop analysis has been completed and after construction work has started or is complete, ECI shall compensate Verizon for an Engineering Work Order charge as well as the charges associated with the conditioning tasks performed as set forth in the Pricing Attachment. Conversion of Live Telephone Exchange Service to Analog 2W Loops. The following coordination procedures shall apply to "live" cutovers of Verizon Customers who are converting their Telephone Exchange Services to ECI Telephone Exchange Services provisioned over Analog 2W unbundled Local Loops ("Analog 2W Loops) to be provided by Verizon to ECI: Coordinated cutover charges shall apply to conversions of live Telephone Exchange Services to Analog 2W Loops. When an outside dispatch is required to perform a conversion , additional charges may apply. If ECI does not request a coordinated cutover, Verizon will process ECl's order as a new installation subject to applicable standard provisioning intervals. ECI shall request Analog 2W Loops for coordinated cutover from Verizon by delivering to Verizon a valid electronic Local Service Request ("LSR"). Verizon agrees to accept from ECI the date and time for the conversion designated on the LSR ("Scheduled Conversion Time ), provided that such designation is within the regularly scheduled operating hours of the Verizon Regional CLEC Control Center ("RCCC") and subject to the availability of Verizon s work force. In the event that Verizon s work force is not available, ECI and Verizon shall mutually agree on a New Conversion Time, as defined below. ECI shall designate the Scheduled Conversion Time subject to Verizon standard provisioning intervals as stated in the Verizon CLEC Handbook, as may be revised from time to time. Within three (3) Business Days of Verizon s receipt of such valid LSR, or as otherwise required by Applicable Law, Verizon shall provide ECI the scheduled due date for conversion of the Analog 2W Loops covered by such LSR. ECI shall provide dial tone at the ECI collocation site at least forty-eight (48) hours prior to the Scheduled Conversion Time. ECI 10 Camp v2. 1.4 Either Party may contact the other Party to negotiate a new Scheduled Conversion Time (the "New Conversion Time provided , however, that each Party shall use commercially reasonable efforts to provide four (4) business hours advance notice to the other Party of its request for a New Conversion Time. Any Scheduled Conversion Time or New Conversion Time may not be rescheduled more than one (1) time in a Business Day, and any two New Conversion Times for a particular Analog 2W Loop shall differ by at least eight (8) hours, unless otherwise agreed to by the Parties. If the New Conversion Time is more than one (1) business hour from the original Scheduled Conversion Time or from the previous New Conversion Time, the Party requesting such New Conversion Time shall be subject to the following: If Verizon req uests to reschedule outside of the one (1) hour time frame above, the Analog 2W Loops Service Order Charge for the original Scheduled Conversion Time or the previous New Conversion Time shall be credited upon request from ECI; and If ECI requests to reschedule outside the one (1) hour time frame above, ECI shall be charged an additional Analog 2W Loops Service Order Charge for rescheduling the conversion to the New Conversion Time. If ECI is not ready to accept service at the Scheduled Conversion Time or at a New Conversion Time , as applicable, an additional Service Order Charge shall apply. If Verizon is not available or ready to perform the conversion within thirty (30) minutes of the Scheduled Conversion Time or New Conversion Time, as applicable Verizon and ECI will reschedule and , upon request from ECI, Verizon will credit the Analog 2W Loop Service Order Charge for the original Scheduled Conversion Time. The standard time interval expected from disconnection of a live Telephone Exchange Service to the connection of the Analog 2W Loops to ECI is fifteen (15) minutes per Analog 2W Loop for all orders consisting of twenty (20) Analog 2W Loops or less. Orders involving more than twenty (20) Loops will require a negotiated interval. Conversions involving LNP will be completed according to North American Numbering Council (NANC) standards, via the regional Number Portability Administration Center (NPAC). If ECI requires Analog 2W Loop conversions outside of the regularly scheduled Verizon RCCC operating hours, such conversions shall be separately negotiated. Additional charges (e.g. overtime labor charges) may apply for desired 3.4 ECIIO Camp v2. dates and times outside of regularly scheduled RCCC operating hours. Cooperative Testing. In the former Bell Atlantic Service Areas only, ECI may request Cooperative Testing in conjunction with its request for an xDSL Compatible Loop or Digital Designed Loop. "Cooperative Testing" is a procedure whereby a Verizon technician and a ECI technician jointly verify that an xDSL Compatible Loop or Digital Designed Loop is properly installed and operational prior to Verizon completion of the order. ECI may request, at its option, Cooperative Testing by entering a toll-free (e.g. 800/888/877) number in the Remarks field of the LSR of an xDSL Compatible or Digital Designed Loop Service Order, and the Verizon technician will call the toll-free number to perform the Cooperative Test. When both the Verizon and ECI technicians agree that the Loop test shows that the Loop is operational , the ECI technician will provide the Verizon technician with a serial number to acknowledge that the Loop is operational. Charges for Cooperative Testing are as set forth in the Pricing Attachment. Verizon shall provide ECI access to its Loops at each of Verizon s Wire Centers for Loops terminating in that Wire Center. In addition, if ECI orders one or more Loops provisioned via Integrated Digital Loop Carrier or Remote Switching technology deployed as a Loop concentrator, Verizon shall , where available move the requested Loop(s) to a spare physical Loop, if one is existing and available, at no additional charge to ECI. If, however, no spare physical Loop is available, Verizon shall within three (3) Business Days of ECI's request notify ECI of the lack of available facilities. Upon request and to the extent required by Applicable Law, Verizon will provide ECI access to the unbundled Local Loop through the demultiplexing of the integrated digitized Loop(s). Upon request and to the extent required by Applicable Law, Verizon will provide ECI access to the unbundled Local Loop at the Loop concentration site point. Notwithstanding anything to the contrary in this Agreement, standard provisioning interVals shall not apply to Loops provided under this Section 3. Line Sharing Line Sharing" is an arrangement by which Verizon facilitates ECl's provision of ADSL (in accordanc~ with T1.413), Splitterless ADSL (in accordance with T1.419), RADSL (in accordance with TR # 59), Multiple Virtual Line (MVL) (a proprietary technology), or any other xDSL technology that is presumed to be acceptable for shared line deployment in accordance with FCC Regulations, to a particular Customer location over an existing copper Loop that is being used simultaneously by Verizon to provide analog switched Voice Grade service to that Customer by making available to ECI , solely for ECl's own use, the frequency range above the voice band on the same copper Loop required by ECI to provide such services. This Section 4 addresses line sharing over loops that are entirely copper loops. Subject to the conditions set forth in Section 1 of this Attachment, Verizon shall provide Line Sharing to ECI for ECl's provision of ADSL (in accordance with T1.413), Splitterless ADSL (in accordance with T1.419), RADSL (in accordance with TR # 59), MVL (a proprietary technology), or any other xDSL technology that is presumed to be acceptable for shared line deployment in accordance with FCC Regulations. Verizon shall provide Line Sharing to ECI in accordance with but only to the extent required by, Applicable Law. In order for a Loop to be eligible for Line Sharing, the following conditions must be satisfied for the ECIIO Camp v2. duration of the Line Sharing arrangement: (i) the Loop must consist of a copper loop compatible with an xDSL service that is presumed to be acceptable for shared-line deployment in accordance with FCC Regulations; (ii) Verizon must be providing simultaneous switched analog Voice Grade service to the Customer served by the Loop in question; (iii) the Verizon Customer s dial tone must originate from a Verizon End Office Switch in the Wire Center where the Line Sharing arrangement is being requested; and (iv) the xDSL technology to be deployed by ECI on that Loop must not significantly degrade the performance of other services provided on that Loop. Verizon shall make Line Sharing available to ECI at the rates and charges set forth in the Pricing Attachment. In addition to the recurring and non-recurring charges shown in the Pricing Attachment for Line Sharing itself, the following rates shown in the Pricing Attachment and in Verizon s applicable Tariffs are among those that may apply to a Line Sharing arrangement: (i) prequalification charges to determine whether a Loop is xDSL compatible (Le., compatible with an xDSL service that is presumed to be acceptable for shared-line deployment in accordance with FCC Regulations); (ii) engineering query charges, engineering work order charges, or Loop conditioning (Digital Designed or Conditioned Loop) charges; (iii) charges associated with collocation activities requested by ECI; and (iv) misdirected dispatch charges, charges for installation or repair, manual intervention surcharges, trouble isolation charges, and pair swap/line and station transfer charges. 4.4 The following ordering procedures shall apply to Line Sharing: 4.4.To determine whether a Loop qualifies for Line Sharing, the Loop must first be prequalified to determine if it is xDSL compatible. ECI must utilize the Loop qualification processes described in the terms applicable to xDSL Compatible Loops, Digital Designed Loops and Conditioned Loops to make this determination. 4.4.ECI shall place orders for Line Sharing by delivering to Verizon a valid electronic transmittal Service Order or other mutually agreed upon type of Service Order. Such Service Order shall be provided accordance with industry format and specifications or such format and specifications as may be agreed to by the Parties. 4.4.If the Loop is prequalified by ECI through the Verizon Loop prequalification tools, and if a positive response is received and followed by receipt of ECl's valid , accurate and pre-qualified Service Order for Line Sharing, Verizon will return an LSR confirmation within twenty-four (24) hours (weekends and holidays excluded) for LSRs with less than six (6) loops and within 72 hours (weekends and holidays excluded) for LSRs with six (6) or more loops. In such case, Verizon shall initiate provisioning and installation in accordance with the terms pertaining to xDSL Compatible Loops, Digital Designed Loops and Conditioned Loops pursuant to Section 3.5 of this Attachment. 4.4.4 If the Loop requires qualification manually or through an Engineering Query, three (3) additional Business Days will generally be required to obtain Loop qualification results before an order confirmation can be returned following receipt of ECl's valid , accurate request. Verizon may require additional time to complete the Engineering Query where there are poor record conditions, spikes in demand , or other unforeseen events. ECI 10 Camp v2. 4.4.If conditioning is required to make a Loop capable of supporting Line Sharing and ECI orders such conditioning, then Verizon shall provide such conditioning in accordance with the terms of this Agreement pertaining to Digital Designed or Conditioned Loops; provided however, that Verizon shall not be obligated to provide Loop conditioning if Verizon establishes, in the manner required by Applicable Law, that such conditioning is likely to degrade significantly the Voice-Grade service being provided to Verizon s Customers over such Loops. 4.4.The standard Loop provisioning and installation process will be initiated for the Line Sharing arrangement only once the requested engineering and conditioning tasks have been completed on the Loop. Scheduling changes and charges associated with order cancellations after conditioning work has been initiated are addressed in the terms pertaining to Digital Designed and Conditioned Loops, as referenced in Section 4.4.5 of this Attachment. The standard provisioning interval for the Line Sharing arrangement shall be as set out in the Verizon Product Interval Guide; provided that the standard provisioning interval for the Line Sharing arrangement shall not exceed the shortest of the following intervals: (a) six (6) Business Days; (b) the standard provisioning interval for the Line Sharing arrangement that is stated in an applicable Verizon Tariff; or, (c) the standard provisioning interval for the Line Sharing arrangement that is required by Applicable Law, if any. The standard provisioning interval for the Line Sharing arrangement shall commence only once any requested engineering and conditioning tasks have been completed. The standard provisioning interval shall not apply where a Line and Station Transfer is performed pursuant to Section 3.2.2. In no event shall the Line Sharing interval offered to ECI be longer than the interval offered to any similarly situated Affiliate of Verizon. 4.4.ECI must provide all required collocation, CFA, Special Bill Number (SBN) and NC/NCI information when a Line Sharing Arrangement is ordered. Collocation augments required, either at the Point of Termination (POT) Bay, collocation node, or for splitter placement must be ordered using standard collocation applications and procedures, unless otherwise agreed to by the Parties or specified in this Agreement. 4.4.The Parties recognize that Line Sharing is an offering that requires both Parties to make reasonable efforts to coordinate their respective roles in order to minimize provisioning problems and facility issues. ECI will provide reasonable, timely, and accurate forecasts of its Line Sharing requirements, including splitter placement elections and ordering preferences. These forecasts are in addition to projections provided for other stand-alone unbundled Loop types. To the extent required by Applicable Law, ECI shall provide Verizon with information regarding the type of xDSL technology that it deploys on each shared Loop. Where any proposed change in technology is planned on a shared Loop, ECI must provide this information to Verizon in order for Verizon to update Loop records and anticipate effects that the change may have on the Voice Grade service and other Loops in the same or adjacent binder groups. As described more fully in Verizon Technical Reference 72575, the xDSL technology used by ECI for Line Share Arrangements shall operate within the 100 Power Spectral Density (PSD) limits set forth in T1.413-1998 (ADSL), T1.419- 2000 (Splitterless ADSL), or TR59-1999 (RADSL), and MVL (a proprietary technology) shall operate within the 0 to 4 kHz PSD limits ofT1.413-1998 and within the transmit PSD limits of T1.601-1998 forfrequencies above 4 kHz provided that the MVL PSD associated with audible frequencies above 4 kHz shall be sufficiently attenuated to preclude significantly degrading voice services. ECl's deployment of additional Advanced Services shall be subject to the applicable FCC Regulations. ECI may only access the high frequency portion of a Loop in a Line Sharing arrangement through an established collocation arrangement at the Verizon Serving Wire Center that contains the End Office Switch through which Voice Grade service is provided to Verizon s Customer. ECI is responsible for providing, through one of the splitter options described below, a splitter at that Wire Center that complies with ANSI specification T1.413, employs Direct Current (DC) blocking capacitors or equivalent technology to assist in isolating high bandwidth trouble resolution and maintenance to the high frequency portion of the frequency spectrum, and operates so that the analog voice "dial tone stays active when the splitter card is removed for testing or maintenance. ECI is also responsible for providing its own Digital Subscriber Line Access Multiplexer (DSLAM) equipment in the collocation arrangement and any necessary Customer Provided Equipment (CPE) for the xDSL service it intends to provide (including CPE splitters , filters and/or other equipment necessary for the end user to receive separate voice and data services across the shared Loop). Two splitter configurations are available. In both configurations, the splitter must be provided by ECI and must satisfy the same NEBS requirements that Verizon imposes on its own splitter equipment or the splitter equipment of any Verizon Affiliate. ECI must designate which splitter option it is choosing on the collocation application or augment. Regardless of the option selected, the splitter arrangements must be installed before ECI submits an order for Line Sharing. Splitter Option A (Splitter Option 1): Splitter in ECI Collocation Area In this configuration, the ECI-provided splitter (ANSI T1.413 or MVL compliant) is provided , installed and maintained by ECI in its own collocation space within the Customer s serving End Office. The Verizon-provided dial tone is routed through the splitter in the ECI collocation area. Any rearrangements will be the responsibility of ECI. Splitter Option C (Splitter Option 2): Splitter in Verizon Area In this configuration, Verizon inventories and maintains a ECI-provided splitter (ANSI T1.413 or MVL compliant) in Verizon space within the Customer s serving End Office. The splitters will be installed shelf-at-a-time. In those serving End Offices where Verizon employs the use of a POT Bay for interconnection of ECl's collocation arrangement with Verizon s network, the splitter will be installed (mounted) in a relay rack between the POT Bay and the MDF. The demarcation point is at the splitter end of the cable connecting the POT Bay and the splitter. Installation of the splitter will be performed by Verizon , at ECl's election, by a Verizon-approved vendor designated by ECI. In those serving End Offices where Verizon does not employ a POT Bay for ECIIO Camp v2.101 ECI 10 Camp v2. interconnection of ECl's collocation arrangement with Verizon s network, the ECI provided splitter will be installed (mounted) in a relay rack between the ECI collocation arrangement and the MDF. The demarcation point is at the splitter end of the cable connecting the ECI collocation arrangement and the splitter. Installation of the splitter will be performed by Verizon, or, at ECl's election, by a Verizon-approved vendor designated by ECI. In either scenario, Verizon will control the splitter and will direct any required activity. Where a POT Bay is employed, Verizon will also perform all POT Bay work required in this configuration. Verizon will provide a splitter inventory to ECI upon completion of the required work. Where a new splitter is to be installed as part of an initial collocation implementation, the splitter installation may be ordered as part of the initial collocation application. Associated collocation charges (application and engineering fees) apply. ECI must submit a new collocation application, with the application fee, to Verizon detailing its request. Except as otherwise required by Applicable Law , standard collocation intervals will apply. 4.7.Where a new splitter is to be installed as part of an existing collocation arrangement, or where the existing collocation arrangement is to be augmented (e., with additional terminations at the POT Bay or ECI' collocation arrangement to support Line Sharing), the splitter installation or augment may be ordered via an application for collocation augment. Associated collocation charges (application and engineering fees) apply. ECI must submit the application for collocation augment, with the application fee, to Verizon. Unless a longer interval is stated in Verizon s applicable Tariff, an interval of seventy-six (76) Business Days shall apply. ECI will have the following options for testing shared Loops: In serving End Offices where Verizon employs a POT Bay for interconnection of ECI collocation arrangement with Verizon s network the following options shall be available to ECI. Under Splitter Option A, ECI may conduct its own physical tests of the shared Loop from ECl's collocation area. If it chooses to do so, ECI may supply and install a test head to facilitate such physical tests, provided that: (a) the test head satisfies the same NEBS requirements that Verizon imposes on its own test head equipment or the test head equipment of any Verizon Affiliate; and (b) the test head does not interrupt the voice circuit to any greater degree than a conventional ML T test. Specifically, the ECI- provided test equipment may not interrupt an in-in-progress voice connection and must automatically restore any circuits tested in intervals comparable to ML T. This optional ECI- provided test head will be installed in ECI's collocation area between the "line" port of the splitter and the POT Bay in order to conduct remote physical tests of the shared Loop. Under Splitter Option C, upon request by ECI , either Verizon or, at ECl's election , a Verizon-approved vendor selected by ECI will install a ECI-provided test head to 102 ECI 10 Camp v2. 8.4 enable ECI to conduct remote physical tests of the shared Loop. This optional ECI-provided test head will be installed at a point between the "line" port of the splitter and the Verizon-provided test head that is used by Verizon to conduct its own Loop testing. The ECI-provided test head must satisfy the same NEBS requirements that Verizon imposes on its own test head equipment or the test head equipment of any Verizon Affiliate, and may not interrupt the voice circuit to any greater degree than a conventional ML test. Specifically, the ECI-provided test equipment may not interrupt an in-progress voice connection and must automatically restore any circuits tested in intervals comparable to ML T. Verizon will inventory, control and maintain the ECI-provided test head, and will direct all required activity. Under either Splitter Option, if Verizon has installed its own test head, Verizon will conduct tests of the shared Loop using a Verizon-provided test head , and, upon request, will provide these test results to ECI during normal trouble isolation procedures in accordance with reasonable procedures. 1.4 Under either Splitter Option, upon request by ECI , Verizon will make ML T access available to ECI via RETAS after the Service Order has been completed. ECI will utilize the circuit number to initiate a test. Where Verizon has deployed Wideband Test equipment (i., Verizon-East), under either Splitter Option , upon request by ECI, Verizon shall perform a Wideband Test to diagnose troubles and provide ECI with the test results during the trouble shooting process. Charges for Wideband Testing are as set forth in the Pricing Attachment. In those serving End Offices where Verizon has not employed a POT Bay for interconnection of ECl's collocation arrangement with Verizon s network, ECI will not be permitted to supply its own test head. Instead , Verizon will make a testing system available to ECI through use of the on-line computer interface test system at www.verizon.com/wise. The Parties will continue to work cooperatively on testing procedures. To this end , in situations where ECI has attempted to use one or more of the foregoing testing options but is still unable to resolve the error or trouble on the shared Loop, Verizon and ECI will each dispatch a technician to an agreed-upon point to conduct a joint meet test to identify and resolve the error or trouble. Verizon may assess a charge for a misdirected dispatch only if the error or trouble is determined to be one that ECI should reasonably have been able to isolate and diagnose through one of the testing options available to ECI above. The Parties will mutually agree upon the specific procedures for conducting joint meet tests. Verizon and ECI each have a responsibility to educate the Customer regarding which service provider should be called for problems with their respective service offerings. Verizon will retain primary 103 ECI 10 Camp v2. responsibility for voice band trouble tickets, including repairing analog Voice Grade services and the physical line between the NID at the Customer premises and the point of demarcation in the Central Office. ECI will be responsible for repairing services it offers over the Line Sharing arrangement. Each Party will be responsible for maintaining its own equipment. If a splitter or test head that ECI has provided to Verizon malfunctions, ECI shall provide a replacement splitter or test head to Verizon. Before either Party initiates any activity on a shared Loop that may cause a disruption of the service of the other Party, that Party shall first make a good faith effort to notify the other Party of the possibility of a service disruption. Verizon and ECI will work together to address Customer initiated repair req uests and to prevent adverse impacts to the Customer. When Verizon provides Inside Wire maintenance services to the Customer, Verizon will only be responsible for testing and repairing the Inside Wire for voice-grade services. Verizon will not test, dispatch a technician , repair, or upgrade Inside Wire to clear trouble calls associated with ECl's Advanced Services. Verizon will not repair any CPE provided by ECI. Before a trouble ticket is issued to Verizon , ECI shall validate whether the Customer is experiencing a trouble that arises from ECI's service. If the problem reported is isolated to the analog voice-grade service provided by Verizon , a trouble ticket may be issued to Verizon. In the case of a trouble reported by the Customer on its Voice Grade service, if Verizon determines the reported trouble arises from ECI' equipment, splitter problems, or ECl's activities, Verizon will: Notify ECI and request that ECI immediately test the trouble on ECI's service. If the Customer s Voice Grade service is so degraded that the Customer cannot originate or receive Voice Grade calls and ECI has not cleared its trouble within a reasonable time frame, Verizon may take unilateral steps to temporarily restore the Customer s Voice Grade service if Verizon determines in good faith that the cause of the voice interruption is ECl's service. Where the Customer s Voice Grade service is degraded by ECl's particular technology deployment, Verizon will , to the extent required by Applicable Law, establish before the Commission that ECl's particular technology deployment is causing the significant degradation and, upon Verizon having done so, ECI will discontinue deployment (or use) of that technology and will migrate its Customers to technologies that will not significantly degrade the performance of other such services. Upon completion of the steps in Sections 4.1 and 2 of this Attachment, Verizon may temporarily remove the ECI-provided splitter from the Customer s Loop and switch port if Verizon determines in good faith that the cause of the voice interruption is ECl's service. 104 6.4 Upon notification from ECI that the malfunction in ECl's service has been cleared, Verizon will restore ECl's service by restoring the splitter on the Customer's Loop. Upon completion of the above steps, ECI will be charged a Trouble Isolation Charge (TIC) to recover Verizon s costs of isolating and temporarily removing the malfunctioning ECI service from the Customer's line if the cause of the voice interruption was ECl's service. Verizon shall not be liable to ECI , the Customer, or any other person , for damages of any kind for disruptions to ECl's service that are the result of the above steps taken in good faith to restore the end user s voice-grade POTS service, and ECI shall indemnify Verizon from any Claims that result from such steps. Line Splitting CLECs may provide integrated voice and data services over the same Loop by engaging in "Line Splitting" as set forth in paragraph 18 of the FCC's Line Sharing Reconsideration Order (CC Docket Nos. 98-147, 96-98), released January 19 2001. Any Line Splitting between two CLECs shall be accomplished by prior negotiated arrangement between those CLECs. To achieve a Line Splitting capability, CLECs may utilize supporting Verizon OSS to order and combine in a Line Splitting configuration an unbundled xDSL Compatible Loop terminated to a collocated splitter and DSLAM equipment provided by a participating CLEC, unbundled circuit switching combined with shared transport collocator-to-collocator connections, and available cross-connects, under the terms and conditions set forth in their Interconnection Agreement(s). The participating CLECs shall provide any splitters used in a Line Splitting configuration. CLECs seeking to migrate existing UNE platform configurations to a Line Splitting configuration using the same Network Elements utilized in the pre-existing platform arrangement, or seeking to migrate a Line Sharing arrangement to a Line Splitting configuration using the existing Loop, a Verizon Local Switching Network Element, and the existing central office wiring configuration, may do so consistent with such implementation schedules, terms conditions and guidelines as are agreed upon for such migrations in the ongoing DSL Collaborative in the State of New York, NY PSG Case 00-C-0127, allowing for local jurisdictional and OSS differences. Sub-Loop Subject to the conditions set forth in Section 1 of this Attachment and upon request by ECI, Verizon shall allow ECI to access Sub-Loops unbundled from local switching and transport, in accordance with the terms of this Section 6 and the rates and charges set forth in the Pricing Attachment. Verizon shall allow ECI access to Sub-Loops in accordance with, but only to the extent required by, Applicable Law. The available Sub- Loop types are as set forth below. Unbundled Sub-Loop Arrangement- Distribution (USLA). Subject to the conditions set forth in Section 1 of this Attachment and upon request by ECI, Verizon shall provide ECI with access to a Sub-Loop Distribution Facility in accordance with, and subject to , the terms and provisions of this Section 6., the rates set forth in the Pricing Attachment, and the rates, terms and conditions set forth in Verizon s applicable Tariffs. Verizon shall provide ECI with access to a Sub-Loop Distribution Facility in accordance with, but only to the extent required by, Applicable Law. ECIIO Camp v2.105 ECI 10 Camp v2. 1.4 ECI may request that Verizon reactivate (if available) an unused drop and NID or provide ECI with access to a drop and NID that, at the time of ECl's request, Verizon is using to provide service to the Customer (as such term is hereinafter defined). ECI may obtain access to a Sub-Loop Distribution Facility only at an FDI, through any method required by Applicable Law, in addition to existing methods such as from a Telecommunications outside plant interconnection cabinet (TOPIC) or, if ECI is collocated at a remote terminal equipment enclosure and the FDI for such Sub-Loop Distribution Facility is located in such enclosure, from the collocation arrangement of ECI at such terminal. If ECI obtains access to a Sub- Loop Distribution Facility from a TOPIC, ECI shall install a TOPIC on an easement or Right of Way obtained by ECI within 100 feet of the Verizon FDI to which such Sub-Loop Distribution Facility is connected. A TOPIC must comply with applicable industry standards. Subject to the terms of applicable Verizon easements, Verizon shall furnish and place an interconnecting cable between a Verizon FDI and a ECI TOPIC and Verizon shall install a termination block within such TOPIC. Verizon shall retain title to and maintain the interconnecting cable. Verizon shall not be responsible for building, maintaining or servicing the TOPIC and shall not provide any power that might be required by ECI for any of ECI's electronics in the TOPIC. ECI shall provide any easement, Right of Way or trenching or supporting structure required for any portion of an interconnecting cable that runs beyond a Verizon easement. ECI may request from Verizon by submitting a loop make-up engineering query to Verizon, and Verizon shall provide to ECI, the following information regarding a Sub-Loop Distribution Facility that serves an identified Customer: the Sub-Loop Distribution Facility length and gauge; whether the Sub-Loop Distribution Facility has loading and bridged tap; the amount of bridged tap (if any) on the Sub- Loop Distribution Facility; and, the location of the FDI to which the Sub-Loop Distribution Facility is connected. To order access to a Sub-Loop Distribution Facility from a TOPIC, ECI must first request that Verizon connect the Verizon FDI to which the Sub-Loop Distribution Facility is connected to a ECI TOPIC. To make such a request, ECI must submit to Verizon an application (a "Sub- Loop Distribution Facility Interconnection Application ) that identifies the FDI at which ECI wishes to access the Sub-Loop Distribution Facility. A Sub-Loop Distribution Facility Interconnection Application shall state the location of the TOPIC , the size of the interconnecting cable and a description of the cable s supporting structure. A Sub- Loop Distribution Facility Interconnection Application shall also include a five-year forecast of ECl's demand for access to Sub-Loop Distribution Facilities at the requested FDI. ECI must submit the application fee set forth in the Pricing Attachment attached hereto and Verizon s applicable Tariffs (a "Sub-Loop Distribution Facility Application Fee ) with Sub-Loop Distribution Facility Interconnection Application. ECI must submit Sub-Loop Interconnection Applications to: ECl's Account Manager 106 1.7 ECI 10 Camp v2. Within sixty (60) days after it receives a complete Sub-Loop Distribution Facility Interconnection Application for access to a Sub- Loop Distribution Facility and the Sub-Loop Distribution Facility Application Fee for such application, Verizon shall provide to ECI a work order that describes the work that Verizon must perform to provide such access (a "Sub-Loop Distribution Facility Work Order and a statement of the cost of such work (a "Sub-Loop Distribution Facility Interconnection Cost Statement"). ECI shall pay to Verizon fifty percent (50%) of the cost set forth in a Sub-Loop Distribution Facility Interconnection Cost Statement within sixty (60) days of ECl's receipt of such statement and the associated Sub-Loop Distribution Facility Work Order, and Verizon shall not be obligated to perform any of the work set forth in such order until Verizon has received such payment. A Sub-Loop Distribution Facility Interconnection Application shall be deemed to have been withdrawn if ECI breaches its payment obligation under this Section. Upon Verizon s completion of the work that Verizon must perform to provide ECI with access to a Sub-Loop Distribution Facility, Verizon shall bill ECI and ECI shall pay to Verizon, the balance of the cost set forth in the Sub-Loop Distribution Facility Interconnection Cost Statement for such access. After Verizon has completed the installation of the interconnecting cable to a ECI TOPIC and ECI has paid the full cost of such installation, ECI can request the connection of Verizon Sub-Loop Distribution Facilities to the ECI TOPIC. At the same time, ECI shall advise Verizon of the services that ECI plans to provide over the Sub- Loop Distribution Facility, request any conditioning of the Sub-Loop Distribution Facility and assign the pairs in the interconnecting cable. ECI shall run any crosswires within the TOPIC. If ECI requests that Verizon reactivate an unused drop and NID, then ECI shall provide dial tone (or its DSL equivalent) on the ECI side of the applicable Verizon FDI at least twenty-four (24) hours before the due date. On the due date , a Verizon technician will run the appropriate cross connection to connect the Verizon Sub-Loop Distribution Facility to the ECI dial tone or equivalent from the TOPIC. If ECI requests that Verizon provide ECI with access to a Sub-Loop Distribution Facility that, at the time of ECl's request, Verizon is using to provide service to a Customer, then, after ECI has looped two interconnecting pairs through the TOPIC and at least twenty four (24) hours before the due date, a Verizon technician shall crosswire the dial tone from the Verizon central office through the Verizon side of the TOPIC and back out again to the Verizon FDI and Verizon Sub-Loop Distribution Facility using the "loop through" approach. On the due date, ECI shall disconnect Verizon s dial tone, crosswire its dial tone to the Sub-Loop Distribution Facility and submit ECl's LNP request. Verizon will not provide access to a Sub-Loop Distribution Facility if Verizon is using the loop of which the Sub-Loop Distribution Facility is a part to provide line sharing service to another CLEC or a service that uses derived channel technology to a Customer unless such other CLEC first terminates the Verizon-provided line sharing or such Customer first disconnects the sel"'iice that utilizes derived channel technology. 107 ECI 10 Camp v2. Verizon shall provide ECI with access to a Sub-Loop Distribution Facility in accordance with negotiated intervals Verizon shall repair and maintain a Sub-Loop Distribution Facility at the request of ECI and subject to the time and material rates set forth in Pricing Attachment and the rates, terms and conditions of Verizon applicable Tariffs. ECI accepts responsibility for initial trouble isolation for Sub-Loop Distribution Facilities and providing Verizon with appropriate dispatch information based on its test results. If (a) ECI reports to Verizon a Customer trouble, (b) ECI requests a dispatch (c) Verizon dispatches a technician, and (d) such trouble was not caused by Verizon Sub-Loop Distribution Facility facilities or equipment in whole or in part, ECI shall pay Verizon the charges set forth in the Pricing Attachment and Verizon s applicable Tariffs for time associated with said dispatch. In addition , these charges also apply when the Customer contact as designated by ECI is not available at the appointed time. If as the result of ECI instructions, Verizon is erroneously requested to dispatch to a site on Verizon company premises ("dispatch in ), the charges set forth in Pricing Attachment and Verizon s applicable Tariffs will be assessed per occurrence to ECI by Verizon. If as the result of ECI instructions, Verizon is erroneously requested to dispatch to a site outside of Verizon company premises ("dispatch out"), the charges set forth in Pricing Attachment and Verizon s applicable Tariffs will be assessed per occurrence to ECI by Verizon. Unbundled Feeder Sub-Loop - Element (UFSE). Subject to the conditions set forth in Section 1 of this Attachment and upon request by ECI, Verizon shall provide ECI with access to a Sub- Loop Feeder Facility in accordance with, and subject to, the terms and provisions of this Section 6., the rates and charges provided in the Pricing Attachment and the rates, terms and conditions of Verizon applicable Tariffs. ECI may obtain access to a Sub-Loop Feeder Facility through any method required by Applicable Law , in addition to existing methods such as from a ECI collocation arrangement in the Verizon End Office where such Sub-Loop Feeder Facility originates , in which case Verizon shall terminate a Sub-Loop Feeder Facility in an RTEE that subtends such End Office only if ECI has a collocation arrangement in such RTEE. Upon ECl's request, Verizon will connect a Sub-Loop Feeder Facility to a ECI collocation arrangement in the Verizon End Office where the Sub-Loop Feeder Facility originates and to either a ECI collocation arrangement in the Verizon RTEE that subtends such End Office or a Telecommunications Carrier Outside Plant Cabinet (such a cabinet, a "TOPIC") located within 100 feet of the FDI that subtends the End Office and that ECI has established in accordance with, and subject to the terms and provisions of, an agreement between Verizon and ECI that governs the establishment of such TOPIC. Verizon shall connect a Sub-Loop Feeder Facility to the point of termination bay of a ECI collocation arrangement in a Verizon Central Office or to a ECI TOPIC, by installing appropriate cross connections and Verizon shall be solely responsible for installing such cross connections. ECI may obtain access to a Sub-Loop Feeder Facility between an End Office and an RTEE or an FDI only if DS1 or 108 2.4 DS3-capable transmission facilities are available and not in use between such office and RTEE or FDI. ECI shall run any crosswires within a ECI physical collocation arrangement and a ECI TOPIC and ECI will have sole responsibility for identifying to Verizon where a Sub-Loop Feeder Facility should be connected to a ECI collocation arrangement. ECI shall be solely responsible for providing power and space for any cross connects and other equipment that Verizon installs in a TOPIC, and ECI shall not bill Verizon, and Verizon shall not pay ECI , for providing such power and space. Verizon shall not be obligated to provide to ECI any multiplexing at an RTEE or at a TOPIC. If ECI requests access to a Sub-Loop Feeder Facility and a Sub-Loop Distribution Facility that are already combined such combination shall be deemed to be a loop and Verizon shall provide such loop to ECI in accordance with, but only to the extent required by, the terms, provisions and rates in this Agreement that govern loops, if any. Verizon shall provide ECI with access to Sub-Loop Feeder Facility in accordance with negotiated intervals. Verizon shall repair and maintain a Sub-Loop Feeder Facility at the request of ECI and subject to the time and material rates set forth in the Pricing Attachment and the rates, terms and conditions of Verizon s applicable Tariffs. ECI may not rearrange , disconnect remove or attempt to repair or maintain any Verizon equipment or facilities without the prior written consent of Verizon. ECI accepts responsibility for initial trouble isolation for Sub-Loop Feeder Facilities and providing Verizon with appropriate dispatch information based on its test results. If (a) ECI reports to Verizon a trouble, (b) ECI requests a dispatch, (c) Verizon dispatches a technician , and (d) such trouble was not caused by Sub-Loop Feeder Facilities or equipment in whole or in part, then ECI shall pay Verizon the charges set forth in Pricing Attachment and Verizon s applicable Tariffs for time associated with said dispatch. In addition, these charges also apply when a ECI contact as designated by ECI is not available at the appointed time. as the result of ECI instructions, Verizon is erroneously requested to dispatch to a site on Verizon company premises ("dispatch in ), the charges set forth in Pricing Attachment and Verizon s applicable Tariffs will be assessed per occurrence to ECI by Verizon. If as the result of ECI instructions, Verizon is erroneously requested to dispatch to a site outside of Verizon company premises ("dispatch out"), the charges set forth in Pricing Attachment and Verizon s applicable Tariffs will be assessed per occurrence to ECI by Verizon. Collocation in Remote Terminals. To the extent required by Applicable Law, Verizon shall allow ECI to collocate equipment in a Verizon remote terminal equipment enclosure in accordance with and subject to, the rates, terms and conditions set forth in the Collocation Attachment and the Pricing Attachment. Inside Wire House and Riser. ECI 10 Camp v2.109 ECIIO Camp v2. Dark Fiber (This Section Intentionally Left Blank). Subject to the conditions set forth in Section 1 of this Attachment and upon request by ECI, Verizon shall provide ECI with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with , and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon only where existing facilities are available. Access to Dark Fiber Loops Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with but only to the extent required by, Applicable Law. Dark Fiber Loops , Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers , aggregation or other electronics. To the extent Verizon s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon s Dark Fiber offerings. In addition to the other terms and conditions of this Agreement, the following terms and conditions shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF: Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon s Central Office that can be cross-connected to ECI' collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon s accessible terminal located in Verizon s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at Verizon s accessible terminal in Verizon s Central Office that can be cross-connected to ECl's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to ECl's collocation arrangement or adjacent structure, or (2) one end of the Dark Fiber Sub-Loop terminates at Verizon s accessible terminal located at Verizon s main termination point located within the Customer premises and the other end terminates at Verizon s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross- connected to ECl's collocation arrangement or adjacent structure, or (3) one end of the Dark Fiber Sub-Loop terminates at Verizon accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to ECI's collocation arrangement or adjacent structure and the other end terminates at Verizon accessible terminal at another Verizon remote terminal equipment enclosure that can be cross-connected to ECl's collocation arrangement or adjacent structure. A ECI demarcation point at a Customer premises shall be established in the main telco room of the Customer premises if Verizon is located in that room or, if the building does not have a main telco room or if Verizon is not located in that room, then at a location to be determined by Verizon. A ECI demarcation point at a Customer premises shall be established at a 110 2.4 ECI 10 Camp v2. location that is no more than thirty (30) feet from Verizon s accessible terminal on which the Dark Fiber Loop or Dark Fiber Sub-Loop terminates. Verizon shall connect a Dark Fiber Loop or Dark Fiber Sub-Loop to the ECI demarcation point by instalJing a fiber jumper no greater than thirty (30) feet in length. ECI may access a Dark Fiber Loop, a Dark Fiber Sub-Loop, or Dark Fiber IOF only at a pre-existing Verizon accessible terminal of such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, and ECI may not access a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF at any other point, including, but not limited to, a splice point or case. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF are not available to ECI unless such Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF are already terminated on an existing Verizon accessible terminal. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch panel, are not available to ECI. Except if and, to the extent required by, Applicable Law, Verizon will not perform splicing (e., introduce additional splice points or open existing splice points or cases) to accommodate ECl's request. Verizon shall perform all work necessary to install (1) a cross connect or a fiber jumper from a Verizon accessible terminal to a ECI collocation arrangement or (2) from a Verizon accessible terminal to ECI's demarcation point at a Customer premises or ECI Central Office. A "Dark Fiber Inquiry Form" must be submitted prior to submitting an ASR. Upon receipt of ECl's completed Dark Fiber Inquiry Form Verizon will initiate a review of its cable records to determine whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available between the locations and in the quantities specified. Verizon will respond within fifteen (15) Business Days from receipt of the ECl's Dark Fiber Inquiry Form , indicating whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available (if so available, an "Acknowledgement") based on the records search except that for voluminous requests or large, complex projects Verizon reserves the right to negotiate a different interval. The Dark Fiber Inquiry is a record search and does not guarantee the availability of Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF. Where a direct Dark Fiber IOF route is not available, Verizon will provide, where available, Dark Fiber IOF via a reasonable indirect route that passes through intermediate Verizon Central Offices at the rates set forth in the Pricing Attachment. Verizon reserves the right to limit the number of intermediate Verizon Central Offices on an indirect route consistent with limitations in Verizon s network design and/or prevailing industry practices for optical transmission applications. Any limitations on the number of intermediate Verizon Central Offices will be discussed with ECI. If access to Dark Fiber IOF is not available Verizon will notify ECI, within fifteen (15) Business Days, that no spare Dark Fiber IOF is available over the direct route nor any reasonable alternate indirect route, except that for voluminous requests or large complex projects, Verizon reserves the right to negotiate a different interval. Where no available route was found during the record review Verizon will identify the first blocked segment on each alternate 111 ECIIO Camp v2. indirect route and which segment(s) in the alternate indirect route are available prior to encountering a blockage on that route, at the rates set forth in the Pricing Attachment. 5.4 ECI shall indicate on the Dark Fiber Inquiry Form whether the available Dark Fiber should be reserved, at the rates set forth in the Pricing Attachment, pending receipt of an order for the Dark Fiber. Upon request from ECI as indicated on the Dark Fiber Inquiry Form , Verizon shall hold such requested Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF for ECI's use for ten (10) Business Days from ECl's receipt of Acknowledgement and may not allow any other party (including Verizon) to use such fiber during that time period. ECI shall submit an order for the reserved Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF as soon as possible using the standard ordering process or parallel provisioning process as described in Section 8.5. The standard ordering process shall be used when ECI does not have additional requirements for collocation. The parallel provisioning process shall be used when ECI requires new collocation facilities or changes to existing collocation arrangements. If no order is received from ECI for the reserved Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF within ten (10) Business Days from ECl's receipt of Acknowledgement, Verizon shall return to spare the reserved Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF that Verizon previously notified ECI are available. Should ECI submit an order to Verizon after the ten (10) Business Day reservation period for access to a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF that Verizon has previously notified ECI was available, ECI assumes all risk that such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF will no longer be available. Upon ECI's request, the Parties will conduct parallel provisioning of collocation and Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF in accordance with the following terms and conditions: ECI will use existing interfaces and Verizon current applications and order forms to request collocation and Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF. Verizon will parallel process ECl's requests for collocation , including augments , and Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF. Before ECI submits a request for parallel provisioning of collocation and Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, ECI will: 112 5.4 ECI 10 Camp v2. submit a Dark Fiber Inquiry Form and receive an Acknowledgement from Verizon; and submit a collocation application for the Verizon Central Office(s) where the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF terminates and receive confirmation from Verizon that ECl's collocation application has been accepted. ECI will prepare requests for parallel provisioning of collocation and Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF in the manner and form reasonably specified by Verizon. If Verizon rejects ECl's Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF request, ECI may cancel its collocation application within five (5) Business Days of such rejection and receive a refund of the collocation application fee paid by ECI, less the costs Verizon incurred to date. If Verizon accepts ECl's Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF request Verizon will parallel provision the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF to a temporary location in Verizon s Central Office(s). Verizon will charge and ECI will pay for parallel provisioning of such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF at the rates specified in the Pricing Attachment beginning on the date that Verizon accepts each Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF request. Within ten (10) days after Verizon completes a ECI collocation application, ECI shall submit a Dark Fiber change request to reposition Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF from the temporary location in that Verizon Central Office(s) to the permanent location at ECl's collocation arrangement in such Verizon Central Office(s). ECI will prepare such request(s) in the manner and form specified by Verizon. If ECI cancels its collocation application , ECI must also submit a cancellation for the unbundled Dark Fiber Loop, Dark Fiber Sub- Loop or Dark Fiber IOF provisioned to the temporary location in the Verizon Central Office(s). 113 8.2. ECI 10 Camp v2. ECI shall order Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF by sending to Verizon a separate ASR for each A to Z route. Where a collocation arrangement can be accomplished in a Verizon premises, access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF that terminate in a Verizon premises must be accomplished via a collocation arrangement in that Verizon premises. In circumstances where a collocation arrangement cannot be accomplished in a Verizon premises, the Parties agree to negotiate for possible alternative arrangements. A Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF will be offered to ECI in the condition that it is available in Verizon s network at the time that ECI submits its request (Le. , " as is ). In addition Verizon shall not be required to convert lit fiber to a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF for ECl's use. Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be Dark Fiber Loops, Dark Fiber Sub- Loops or Dark Fiber IOF, and , therefore, will not be offered to ECI as Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF. Fiber that has been assigned to fulfill a Customer order for maintenance purposes or for Verizon s lit fiber optic systems will not be offered to ECI as Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF. ECI shall be responsible for providing all transmission, terminating and lightwave repeater equipment necessary to light and use Dark Fiber Loops, Dark Fiber Sub-Loops, or Dark Fiber IOF. ECI may not resell Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF , purchased pursuant to this Agreement to third parties. Except to the extent that Verizon is required by Applicable Law to provide Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF to ECI for use for Special or Switched Exchange Access Services, ECI shall not use Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF, for Special or Switched Exchange Access Services. In order to preserve the efficiency of its network, Verizon may, upon a showing of need to the Commission , limit ECI to leasing up to a maximum of twenty-five percent (25%) of the Fiber Loops, Fiber Sub- Loops or Fiber IOF in any given segment of Verizon s network. In addition , except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement: 14.Revoke Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF leased to ECI upon a showing of need to the Commission and twelve (12) months' advance written notice to ECI; and 14.Verizon reserves and shall not waive, Verizon s right to claim before the Commission that Verizon should not have to fulfill a ECI order for Dark Fiber Loops, Dark Fiber Sub- 114 ECIIO Camp v2. Loops, or Dark Fiber IOF because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers other than ECI , or impair Verizon s ability to meet a legal obligation. Except as expressly set forth in this Agreement, ECI may not reserve Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF. ECI shall be solely responsible for: (a) determining whether or not the transmission characteristics of the Dark Fiber Loop, Dark Fiber Sub- Loop or Dark Fiber IOF accommodate the requirements of ECI; (b) obtaining any Rights of Way, governmental or private property permit, easement or other authorization or approval required for access to the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF; (c) installation of fiber optic transmission equipment needed to power the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF to transmit Telecommunications Services traffic; (d) installation of a demarcation point in a building where a Customer is located; and (e) except as set forth with respect to the parallel provisioning process addressed above, ECI's collocation arrangements with any proper optical cross connects or other equipment that ECI needs to access Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF before it submits an order for such access. ECI hereby represents and warrants that it shall have all such rights of way, authorizations and the like applicable to the geographic location at which it wishes to establish a demarcation point for a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, on or before the date that ECI places an order for the applicable Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF and that it shall maintain the same going forward. ECI is responsible for trouble isolation before reporting trouble to Verizon. Verizon will restore continuity to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF that have been broken. Verizon will not repair a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF that is capable of transmitting light, even if the transmission characteristics of the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF have changed. ECI is responsible for all work activities at the Customer premises. Except as otherwise required by Applicable Law, all negotiations with the premises owner are solely the responsibility of ECI. ECI may request the following, which shall be provided on a time and materials basis (as set forth in the Pricing Attachment): 19.A fiber layout map that shows the streets within a Verizon Wire Center where there are existing Verizon fiber cable sheaths. Verizon shall provide such maps to ECI subject to the agreement of ECI, in writing, to treat the maps as confidential and to use them for preliminary design purposes only. ECI acknowledges that fiber layout maps do not show whether or not spare Dark Fiber Loops, Dark Fiber Sub-Loops, or Dark Fiber IOF are available. Verizon shall provide fiber layout maps to ECI subject to a negotiated interval. 115 19.A field survey that shows the availability of Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF between two or more Verizon Central Offices, a Verizon Central Office and a ECI Central Office or a Verizon End Office and the premises of a Customer, shows whether or not such Dark Fiber Loop(s), Dark Fiber Sub-Loop(s), or Dark Fiber IOF are defective, shows whether or not such Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF have been used by Verizon for emergency restoration activity and tests the transmission characteristics of Verizon s Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF. If a field survey shows that a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF is available, ECI may reserve the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, as applicable, for ten (10) Business Days from receipt of Verizon s field survey results. If ECI submits an order for access to such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF after passage of the foregoing ten (10) Business Day reservation period, Verizon does not guarantee or warrant the Dark Fiber Loop, Dark Fiber Sub- Loop or Dark Fiber IOF will be available when Verizon receives such order, and ECI assumes all risk that the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF will not be available. Verizon shall perform a field survey subject to a negotiated interval. If a ECI submits an order for a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF without first obtaining the results of a field survey of such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, ECI assumes all risk that the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF will not be compatible with ECl's equipment, including, but not limited to, order cancellation charges. Network Interface Device ECI 10 Camp v2. Subject to the conditions set forth in Section 1 of this Attachment and upon request by ECI , Verizon shall permit ECI to connect a ECI Loop to the Inside Wiring of a Customer s premises through the use of a Verizon NID in accordance with this Section 9 and the rates and charges provided in the Pricing Attachment. Verizon shall provide ECI with access to NIDs in accordance with, but only to the extent required by, Applicable Law. ECI may access a Verizon NID either by means of a connection (but only if the use of such connection is technically feasible) from an adjoining ECI NID deployed by ECI or, if an entrance module is available in the Verizon NID, by connecting a ECI Loop to the Verizon NID. When necessary, Verizon will rearrange its facilities to provide access to an existing Customer s Inside Wire. An entrance module is available only if facilities are not connected to it. In no case shall ECI access, remove, disconnect or in any other way rearrange Verizon s Loop facilities from Verizon s NIDs, enclosures, or protectors. In no case shall ECI access, remove , disconnect or in any other way rearrange, a Customer s Inside Wiring from Verizon s NIDs, enclosures, or protectors where such Customer Inside Wiring is used in the provision of ongoing Telecommunications Service to that Customer. 9.4 In no case shall ECI remove or disconnect ground wires from Verizon s NIDs enclosures, or protectors. 116 10. ECI 10 Camp v2. In no case shall ECI remove or disconnect NID modules, protectors, or terminals from Verizon s NID enclosures. Maintenance and control of premises Inside Wiring is the responsibility of the Customer. Any conflicts between service providers for access to the Customer Inside Wiring must be resolved by the person who controls use of the wiring (e., the Customer). When ECI is connecting a ECI-provided Loop to the Inside Wiring of a Customer s premises through the Customer s side of the Verizon NID, ECI does not need to submit a request to Verizon and Verizon shall not charge ECI for access to the Verizon NID. In such instances, ECI shall comply with the provisions of Sections 9.2 through 9.7 of this Attachment and shall access the Customer s Inside Wire in the manner set forth in Section 9.8 of this Attachment. Due to the wide variety of NIDs utilized by Verizon (based on Customer size and environmental considerations), ECI may access the Customer s Inside Wiring, acting as the agent of the Customer by any of the following means: Where an adequate length of Inside Wiring is present and environmental conditions permit, ECI may remove the Inside Wiring from the Customer s side of the Verizon NID and connect that Inside Wiring to ECl's NID. Where an adequate length of Inside Wiring is not present or environmental conditions do not permit, ECI may enter the Customer side of the Verizon NID enclosure for the purpose of removing the Inside Wiring from the terminals of Verizon s NID and connecting a connectorized or spliced jumper wire from a suitable "punch out" hole of such NID enclosure to the Inside Wiring within the space of the Customer side of the Verizon NID. Such connection shall be electrically insulated and shall not make any contact with the connection points or terminals within the Customer side of the Verizon NID. ECI may request Verizon to make other rearrangements to the Inside Wiring terminations or terminal enclosure on a time and materials cost basis to be charged to the requesting Party (i.e. ECI , its agent, the building owner or the Customer). If ECI accesses the Customer Inside Wiring as described in this Section 9., time and materials charges will be billed to the requesting Party (i.e. ECI , its agent, the building owner or the Customer). Unbundled Circuit Switching Elements 10.Subject to the conditions set forth in Section 1 of this Attachment, Verizon shall make available to ECI the local circuit switching element and Tandem circuit switching element unbundled from transport, local Loop transmission , or other services, in accordance with this Section 10 and the rates and charges provided in the Pricing Attachment. Verizon shall provide ECI with access to the local circuit switching element and the Tandem circuit switching element in accordance with, but only to the extent required by, Applicable Law. Notwithstanding any other provision of this Agreement and , for the avoidance of any doubt, ECI shall not order and, Verizon shall not have any obligation to provide, any non-circuit switched elements (e., Verizon shall not be obligated to provide a packet switched element). 117 11. 10. 10. 10.4 Local Circuit Switching. 10.The unbundled local circuit switching element includes line side and trunk side facilities (e.g. line and trunk side Ports such as analog and ISDN line side Ports and DS1 trunk side Ports), plus the features functions, and capabilities of the circuit switch. It consists of the line- side Port (including connection between a Loop termination and a circuit switch line card, telephone number assignment, basic intercept one primary directory listing, presubscription, and access to 911 operator services, and directory assistance), line and line group features (including all vertical features and line blocking options that the circuit switch and its associated deployed switch software are capable of providing and which are currently being offered to Verizon local exchange Customers), usage (including the connection of lines to lines, lines to trunks , trunks to lines, and trunks to trunks), and trunk features (including the connection between the trunk termination and a trunk card). 10.Verizon shall offer, as an optional chargeable feature, usage tapes in accordance with Section 8 of the Additional Services Attachment. 10.ECI may request activation or deactivation of features on a per-port basis at any time, and shall compensate Verizon for the non-recurring charges associated with processing the order. ECI may submit a Bona Fide Request in accordance with Section 14.3 of this Attachment for other circuit switch features and functions that the circuit switch is capable of providing, but which Verizon does not currently provide, or for customized routing of traffic other than operator services and/or directory assistance traffic. Verizon shall develop and provide these requested services where technically feasible with the agreement of ECI to pay the recurring and non-recurring costs of developing, installing, updating, providing and maintaining these services. Network Design Request (NOR). Prior to submitting any order for unbundled local circuit switching (as a UNE or in combination with other UNEs), ECI shall complete the NOR process. As part the NOR process, ECI shall request standardized or customized routing of its Customer traffic in conjunction with the provision of unbundled local circuit switching. If ECI selects customized routing, ECI shall define the routing plan and Verizon shall implement such plan , subject to technical feasibility constraints. Time and Material Charges may apply. 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. Unbundled Interoffice Facilities ECI 10 Camp v2.118 12. 11. 11.2 Subject to the conditions set forth in Section 1 of this Attachment, where facilities are available, at ECl's request , Verizon shall provide ECI 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 ECI also purchases unbundled local circuit switching capability from Verizon in accordance with Section 10 of this Attachment. Verizon shall provide ECI 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, ECI has purchased (or purchases) transport from Verizon under a Verizon Tariff or otherwise, and ECI 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, ECI 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 12. 12. ECI 10 Camp v2. Subject to the conditions set forth in Section 1 of this Attachment and upon request by ECI, Verizon shall provide ECI with access to databases and associated signaling necessary for call routing and completion by providing SS7 Common Channel Signaling ("CCS") Interconnection , and Interconnection and access to toll free service access code (e., 800/888/877) databases, LlDB, 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. ECI shall provide Verizon with CCS Interconnection required for call routing and completion, and the billing of calls which involve ECl's Customers, at non- discriminatory rates (subject to the provisions of the Pricing Attachment), terms and conditions, provided further that if the ECI information Verizon requires to provide such call-related functionality is resident in a database , ECI will provide Verizon with the access and authorization to query ECl's information in the databases within which it is stored. Alternatively, either Party ("Purchasing Party ) may secure 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 ECI to transport signaling messages, that third party provider must present a letter of agency to Verizon, prior to the testing of the interconnection, authorizing the third party to act on behalf of ECI. 12.4 Regardless of the manner in which ECI obtains CCS Interconnection, ECI shall comply with Verizon s SS7 certification process prior to establishing CCS Interconnection with Verizon. 12.The Parties will provide CCS Signaling to each other, where and as available, in conjunction with all Reciprocal Compensation Traffic, Toll Traffic, Meet Point 119 13. 12. 12. 12. 12. 12. 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 ECI signaling systems to the public Internet Protocol network may expose ECI and Verizon signaling systems and information to interference by third parties. ECI 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. ECI 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 ISDN 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: 12.10.Telcordia Generic Requirements, GR-905-CORE, Issue 1 , March 1995, and subsequent issues and amendments; and 12.10.Where applicable, Verizon Supplement Common Channel Signaling Network Interface Specification (Verizon-905). 12.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, LlDB access, and access to other necessary databases, as follows: Verizon shall charge ECI in accordance with the Pricing Attachment and the terms and conditions in applicable Tariffs. ECI shall charge Verizon rates equal to the rates Verizon charges ECI, unless ECl's Tariffs for CCS signaling provide for lower generally available rates, in which case ECI 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 ECI 10 Camp v2.120 Subject to the conditions set forth in Section 1 of this Attachment and in Section 8 of the Additional Services Attachment, Verizon shall provide ECI with access via electronic interfaces to databases required for pre-ordering, ordering, provisioning, maintenance and repair, and billing. Verizon shall provide ECI with such access in accordance with but only to the extent required by, Applicable Law. All such transactions shall be submitted by ECI through such electronic interfaces. 14. 14. Availability of Other Network Elements on an Unbundled Basis Any request by ECI 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 14.3, of this Attachment. ECI shall provide Verizon access to its Network Elements as mutually agreed by the Parties or as required by Applicable Law. 14.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. 14. Network Element Bona Fide Request (BFR). 14. 14. 14.3.4 14. 14. ECIIO Camp v2. 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) ~ 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 and/or implementing the Network Element Bona Fide Request up to the date of cancellation. Within ten (10) Business Days 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 and/or 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 121 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. 14.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. 14.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. 14.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) ECI reports to Verizon a Customer trouble, (b) ECI requests a dispatch, (c) Verizon dispatches a technician, and (d) such trouble was not caused by Verizon s facilities or equipment in whole or in part, then ECI 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 ECI is not available at the appointed time. ECI accepts responsibility for initial trouble isolation and providing Verizon with appropriate dispatch information based on its test results. If, as the result of ECI 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 ECI by Verizon. If as the result of ECI 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 ECI by Verizon. Verizon agrees to respond to ECI 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 ECI , 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 ECI 10 Camp v2.122 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 Date 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 ECI 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. ECI 10 Camp v2.123 COLLOCATION ATTACHMENT Verizon s Provision of Collocation Verizon shall provide to ECI, in accordance with this Agreement (including, but not limited , Verizon s applicable Tariffs) and the requirements of Applicable Law, Collocation for the purpose of facilitating ECl'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 ECI only to the extent required by Applicable Law and may decline to provide Collocation to ECI 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 and/or cease providing) Collocation that, if provided by Verizon, would be used by ECI to obtain unbundled access to any network element: (a) that Verizon is not required to unbundle under C. S 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 ECI 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 ECI. Collocation provides for access to Verizon s "premises , for the purpose of interconnection and/or access to Unbundled Network Elements (UNEs). For the purposes of this Attachment , " premises" is defined to include Verizon s 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. ECI 10 Camp v2.124 ECI 10 Camp v2. Sinqle Caqed. A single caged arrangement is a form of caged Collocation, which allows a single CLEC to lease caged floor space to house its equipment within Verizon premises. Shared Caqed . A shared caged arrangement is a newly constructed caged Collocation arrangement that is jointly applied for and occupied by two or more CLECs within a Verizon premise. When two or more CLECs request establishment and jointly apply for a new caged Collocation arrangement to be used as a shared caged arrangement one of the participating CLECs must agree to be the host CLEC (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 and/or 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 and/or 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 Caqed . Vacant space available in a CLEC's caged Collocation arrangement may be made available to a third party(s) for the purpose of interconnection and/or for access to UNEs in Verizon premises via the subleasing Collocation arrangement. The CLEC subleases the floor space to the third party(s) pursuant to terms and conditions agreed to by the CLEC and the third party(s) involved. The CLEC and third party(s) must each be interconnected to Verizon for the exchange of traffic with Verizon and/or to access unbundled network elements. The CLEC is solely responsible for determining whether to sublease a shared caged Collocation arrangement and if , 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 125 ECI 10 Camp v2. 1.4 Ordering. described in this Attachment will apply to subleased caged Collocation requirements. Caqeless. Cageless Collocation is a form of Collocation in which CLECs can place their equipment in Verizon premises. A cageless Collocation arrangement allows a CLEC , using Verizon approved vendors, to install equipment in single bay increments in an area designated by Verizon. The equipment location will be designated by Verizon and will vary based on individual Verizon premise configurations. CLEC equipment will not share the same equipment bays with Verizon equipment. Adjacent.An adjacent Collocation arrangement permits a CLEC to construct or procure a structure on Verizon property for Collocation for the purposes of interconnection and/or access to UNEs in accordance with the terms and conditions of this Agreement. Adjacent Collocation is only an option when the following conditions are met: (1) space is legitimately exhausted in Verizon 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. ECI 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. ECI 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 ECI 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 ECI 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 ECI provided equipment which is dedicated to the exclusive use of the ECI 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 ECI 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 10. Application. Point of Contact.ECI must request Collocation arrangements through Verizon s designated point of contact. Completed applications for Collocation must be 126 ECI 10 Camp v2. 1.2. 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.applicationstWverizon.com. Additional information and requirements regarding Collocation may be obtained from Verizon s public website at www.verizon.com Application Form/Fee. ECI 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 ECI to provide all engineering, floor space (where applicable), power environmental and other requirements necessary for the function of the service. ECI 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 ECI. 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 ECI whether space is available to accommodate ECl's request within eight (8) Business Days 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 ECI within twenty (20) Business Days. At the end of this period, Verizon will proceed as described in 1.1 or 2 above. Collocation Schedule. If space is available, Verizon will provide to ECI a Collocation schedule describing Verizon s ability to meet the physical Collocation request within eight (8) Business Days after receipt of a completed application. ECI shall have nine (9) Business Days 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 Days, the information that must be provided by ECI in order to complete the application. If ECI resubmits a revised application curing any deficiencies in its original application within ten (10) calendar days after 127 ECIIO Camp v2. 1.2.4 being informed of them, ECI shall retain its position within the Collocation application queue. (Intentionally Left Blank). Auamentation. Any request for an addition , partial reduction, or a change to an existing Collocation arrangement that has been inspected and turned over to ECI 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: 1.2.Major augments of Collocation arrangements are those requests that: (a) require AC or DC power; (b) add equipment that generates more BTU's of heat, or (c) increase the floor space over what ECI requested in its original application. A complete application and engineering fee will be required when submitting a request that requires a major augment. Minor augments of Collocation arrangements will require the submission of a complete application form and the minor augment fee. Minor augments are those requests that: (a) do not require additional DC and AC power, (b) do not add equipment that generates more BTU's of heat, (c) do not increase floor space, and (d) do not add transmission cables, over what ECI requested in its original application. The requirements of a minor augment request cannot exceed the capacity of the existing/proposed electrical power or HVAC system. Requests for additional DSO, DS1 and DS3 facility terminations to access Verizon s unbundled network elements are included as minor augments 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 ECI including but not limited to: installation of virtual equipment cards or software upgrades removal of virtual equipment, requests to pull cable from exterior microwave facilities, and requests to terminate DSO DS1 and DS3 cables. Minor augments that do not require a fee are those augments performed solely by ECI, that do not require Verizon to provide a service or function on behalf of ECI including but not limited to, requests to install additional equipment in ECI Collocation space. Prior to the installation of the additional equipment, ECI agrees to provide Verizon an application form with an updated equipment listing that includes the new equipment to be installed in ECI' Collocation arrangement. Once the equipment list is submitted to Verizon, ECI may proceed with the augment. ECI agrees that changes in equipment provided by ECI under this provision will not exceed the engineering 128 ECIIO Camp v2. 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. Expansion . Verizon will not be required to construct additional space to provide for ECI Collocation when available space has been exhausted. Where ECI 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 ECI to expand its existing Collocation space. ECI 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. ECI 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. ECI will be responsible for all costs associated with the relocation of its equipment. Installation and Operation. Joint Plannina and Implementation Levels for Phvsical Collocation. Verizon and ECI shall work cooperatively in meeting the standard implementation milestones and deliverables as determined during the joint planning process. The physical (caged and cage less) Collocation arrangement implementation interval is seventy-six (76) Business Days 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 ECI requirements may extend the interval by fifteen (15) Business Days, resulting in a ninety-one (91)-Business Day interval. 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 Days 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 ECI is eligible for line sharing/line splitting, or 1.4 28 DS1 terminations, or 24 DS3 terminations, or 12 fiber terminations, or 129 ECI 10 Camp v2. 1.4 1 .Conversion of 2 wire voice grade to 4 wire (minimum 100 - maximum 800), or 2 feeds (1 A and 1 B) DC power fused at 60 amps or less, or DC 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 DS1 terminations; b) 3 DS3 terminations; or c) 12 fiber terminations. ECI 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 ECI 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 Day augment interval; or b) other good cause or causes that ECI cross connect capacity may be exceeded by the end of the forty-five (45) Business Day 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 Days, unless Verizon and ECI jointly decide otherwise: 3.4 Day 1-ECI submits completed application and associated fee. Day 8-Verizon notifies ECI that request can be accommodated and advises of due date. Day 17-ECI notifies Verizon of its intent to proceed and submits 50% payment. Day 30-Material ships and is received at vendor warehouse; ECI provided splitters delivered to vendor warehouse (Line Sharing Option C only, and applicable only where ECI is eligible for line sharing/line splitting). Day 45-Augment (as defined herein) completes. Day 76-Verizon and ECI attend Collocation acceptance meeting and Verizon turns over the Collocation arrangement to ECI. Day 76 also applies to completion of other augments not defined herein. The forty-five (45) Business Day interval is subject to the following requirements: 130 ECI 10 Camp v2. 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 Distribution Fuse Boards (BDFBs). 1.4.The ECI 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 Day interval. A preliminary schedule will be developed outlining major milestones. ECI 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 ECI misses (day for day). When Verizon becomes aware of the possibility of vendor delays, Verizon will first contact ECI to attempt to negotiate a new interval. If Verizon and ECI cannot agree, the dispute will be submitted to the Commission for prompt resolution. Verizon and ECI 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 ECI to schedule one escorted visit to ECI's Collocation space during construction. The applicable labor rates in the Pricing Attachment will be applied for the escorted visit. In the case of extended intervals resulting from within Verizon s control or resulting from vendor delays, and provided the necessary security is in place Verizon will permit ECI access to the Collocation arrangement to install equipment while the delayed work is completed, so long as it is safe to do so and ECl's work does not impair or interfere with Verizon in completing Verizon s work. Prior to ECI beginning the installation of its equipment, ECI must sign a conditional acceptance of the Collocation arrangement. If ECI elects to accept the space prior to the scheduled completion occupancy fees shall commence upon signing a conditional acceptance of the space by ECI. Intervals for non-standard arrangements, including adjacent Collocation, shall be mutually agreed upon by ECI 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 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 ECI of the time estimates as soon as possible. 131 ECIIO Camp v2. Forecasting and Use of Data. Verizon will request forecasts from ECI on a semi-annual basis, with each forecast covering a two-year period. ECI 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 ECI is eligible for line sharing/line splitting. For augments, ECI may elect to substitute alternative CLL! 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 ECI to determine the required space to be conditioned. If Verizon commits to condition space based on forecasts and if ECI is assigned space, ECI 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 ECI 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 Date commences two (2) months after application receipt date. Forecast received one (1) month or less prior to application receipt date: Interval Start Date commences two (2) months after application receipt date. Forecast received greater than one (1) month and less than two (2) months prior to application receipt date: Interval Start Date commences one (1) month after application receipt date. 3.2.2.4 Forecast received two (2) months or more prior to application receipt date: Interval Start Date commences on the application receipt date. Any such interval adjustments will be discussed with ECI at the time the application is received. 132 3.4 ECI 10 Camp v2. Collocation Capacity. Verizon s estimate of its present capacity (i., 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 ECI 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 ECI forecasts and if ECI refuses to smooth demand as described in Section 1., ECI will be held accountable for the accuracy of their forecasts. Vendor Capacitv. 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 ECI actual and forecasted demand with appropriate vendors, as required, subject to the appropriate confidentiality safeguards. Responsibility for Vendor Delavs. 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. Caoe Construction . For caged Collocation , ECI may construct the cage with a standard enclosure if they are a Verizon approved contractor or ECI may subcontract this work to a Verizon approved contractor. Site Selection/Power.Verizon shall designate the space within its premise where ECI shall collocate its equipment. Verizon will assign Collocation space to ECI in a just reasonable, and nondiscriminatory manner. Verizon will allow ECI requesting caged or cageless Collocation to submit space preferences on the Application Form prior to assigning caged and cageless Collocation space to ECI. Verizon will assign caged and cage less space in accordance with the following standards: (1) ECl's Collocation costs cannot be materially increased by the assignment; (2) ECl's occupation and use of Verizon premises cannot be materially delayed by the assignment; (3) The assignment cannot impair the quality of service or 133 ECI 10 Camp v2. impose other limitations on the service ECI wishes to offer; and (4) The assignment cannot reduce unreasonably the total space available for caged and cage less Collocation, or preclude unreasonably, caged and cageless Collocation within Verizon s premises. Verizon may assign caged and cage less Collocation to space separate from space housing Verizon s equipment, provided that each of the following conditions is met: (1) Either legitimate security concerns, or operational constraints unrelated to Verizon s or any of its affiliates' or subsidiaries competitive concerns, warrant such separation; (2) Any caged and 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 of the separated space to ECI 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 DC power with generator and/or battery back-up, heat air conditioning and other environmental support to ECl's equipment in the same standards and parameters required for Verizon equipment within that Verizon premise. ECI may install AC convenience outlets and overhead lighting if ECI is a Verizon approved contractor, or this work may be subcontracted to a Verizon approved contractor. DC Power. Verizon will provide DC power to the Collocation arrangement as specified by ECI in its Collocation application. The ECI will specify the load on each feed and the size of the fuse to be placed on each feed. ECI must order a minimum of ten (10) load amps for each caged, cageless, and virtual Collocation arrangement. ECI may order additional DC Power (beyond the minimum) in one (1) amp increments. Charges for DC power will be applied based on the total number of load amps ordered on each feed. For example, if ECI orders a total of 40 load amps of DC power and an A and B feed, ECI could order 20 load amps on the A feed and 20 load amps on the B feed. Verizon will permit ECI to order a fuse size up to 2.5 times the load amps ordered provided that applicable law permits this practice. Thus, ECI could order that each feed be fused at 50 amps if ECI wants one feed to carry the entire load in the event the other feed fails. Accordingly, ECI 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. 134 ECI 10 Camp v2. 6.4 ECI 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 ECI in its Collocation application. Any subsequent orders to increase DC power load at a Collocation arrangement must be submitted on a Collocation application. Verizon reserves the right to perform random inspections to verify the actual power load being drawn by a Collocation arrangement. At any time, without written notice, Verizon may measure the DC 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 ECI. 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 ECI with written notification by certified US mail to the person designated by ECI to receive such notice, that more power is being drawn than was ordered. Within ten (10) Business Days of the date of receipt of notification, ECI 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 ECI 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 Days 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 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. 135 ECI 10 Camp v2. If the first inspection reveals that the power being drawn is greater than the applicable buffer zone specified in 7.2, that arrangement is subject to the following treatment: 8.4 Verizon will notify the person designated by ECI to receive such notice vi a 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 ECI 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. ECI may perform its own inspection at ECl's cage. ECI is not required to wait for Verizon or require it to be present during ECI test. Upon request of ECI , Verizon will send a representative to accompany ECI to conduct a joint inspection at ECI cage at no charge to ECI. Nothing herein shall be construed to prohibit ECI from testing at its own cage. ECI 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 ECI' measurements differ from Verizon If the second test also exceeds the applicable buffer zone, Verizon will provide ECI with written notification, within ten (10) Business Days, by certified U.S. mail to the person designated by ECI to receive such notice that it has exceeded its ordered power. The notification will include: (1) initials or identifying number of Verizon 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. Verizon will maintain a file of results taken of any inspections for two (2) years and such file will be made available to ECI 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. 136 ECI 10 Camp v2. If ECI disagrees with the results of the audit, ECI will first notify Verizon. Verizon and ECI will make a good faith effort to resolve the issue. 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 Days from receipt of the notification, in the case of violation within the buffer zone; or (2) after ECI has received 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 ECI that it must submit a non-scheduled attestation of the power being drawn at each of its remaining Collocation arrangements in the state. ECI must submit this non-scheduled attestation within fifteen (15) Business Days 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 DC 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 ECI 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 , ECI will be billed the audited load amount for four (4) months. ECI 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 four (4) months. ECI 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, ECI will be billed the audited load amount for five (5) months. ECI 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. ECI must send notice of its 137 ECI 10 Camp v2. Charity payment to Verizon within ten (10) calendar days of making the payment. For the third such violation within the same consecutil.e twelve (12) month period, ECI will be billed the audited load amount for six (6) months. ECI 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. ECI 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 ECI 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 ECI 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 ECI 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, ECI must submit a written statement signed by a responsible officer of ECI , which attests that it is not exceeding the total load of power as ordered in its Collocation applications. This attestation , which must be received by Verizon no later than the last day of June, shall individually list all of ECl's completed Collocation arrangements provided by Verizon in the state. If ECI fails to submit this written statement by the last day in June Verizon will notify ECI 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 DC 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 ECI. Whenever Verizon is required to perform work on a Collocation arrangement as a result of ECl's order for a 138 ECI 10 Camp v2. 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 ECI orders a change in the power configuration requiring new -48 volt DC 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 ECl's order for a reduction in DC power triggers the deployment of power cabling to a different power distribution point, the engineering/major augment fee as set forth in the Pricing Attachment applies. Verizon will work cooperatively with ECI to configure the new power distribution cables and disconnect the old ones. Equipment and Facilities. Purchase of Equipment.ECI 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 ECl's equipment and provided facilities for Collocation. Upon installation of all transmission and power cables for Collocation services, ECI 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 ECI from obtaining interconnection with Verizon at a level equal in quality to that which Verizon obtains within its own network or Verizon provides to any of its affiliates, subsidiaries, or other parties; and (2) Equipment is necessary for access to an unbundled network element if an inability to deploy that equipment would, as a practical, economic, or operational matter preclude ECI from obtaining nondiscriminatory access to that unbundled network element, including any of its features, functions, or capabilities. Multi-functional equipment shall be deemed necessary for interconnection or access to an unbundled network element if and only if the primary purpose and function of the equipment, as ECI 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 139 ECIIO Camp v2. 3.7. equipment would perform and the telecommunication services ECI 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 property. Whenever Verizon objects to Collocation of equipment by ECI 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. ECI 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 ECI entrance facilities and splices must comply with Telecordia Technologies' Generic Specification for Optical Fiber and Optical Fiber Cable (TR- TSY-OO020), 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. ECI 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 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, ECI and Verizon will make a good faith effort to resolve the difference. ECI 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. 140 ECI 10 Camp v2. 7.4 ECI 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. ECI 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 , ECI 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 ECI written material which will specify and explain the required construction. Cable. ECI is required to provide proper cabling, based on circuit type (VF, DSO, xDSL, DS1 , DS3, etc.) to ensure adequate shielding and reduce the possibility of interference. ECI is responsible for providing fire retardant riser cable that meets Verizon standards. Verizon is responsible for placing ECI's fire retardant riser cable from the cable vault to the Collocation space. Verizon is responsible for installing ECI 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 ECI provides its own fiber optic facility, then ECI shall be responsible for bringing its fiber optic cable to the Verizon premise manhole. ECI must leave sufficient cable length for Verizon to be able to fully extend such cable through to ECI's Collocation space. Manhole/Splicinq Restrictions . Verizon reserves the right to prohibit all equipment and facilities, other than fiber optic cable, in its manholes. ECI will not be permitted to splice fiber optic cable in the first manhole outside of the Verizon premise. Where ECI is providing underground fiber optic cable in Manhole #1 , it must be of sufficient length as specified by Verizon to be pulled through the Verizon premise to ECl's Collocation space. Verizon is responsible for installing a cable splice, if necessary, where ECI 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 ECl's facilities and Verizon facilities will be designated by Verizon. This point(s) will be a direct connection(s) to ECl's network. Verizon shall have the right to require ECI to terminate Collocation facilities 141 ECI 10 Camp v2. onto a Point of Termination (POT) Bay. ECI must tag all entrance facilities to indicate ownership. ECI will not allowed access to Verizon s DSX line-ups, MDF or any other Verizon facility termination points. Only Verizon employees, agents or contractors will be allowed access to the MDF, DSX, or fiber distribution panel to terminate facilities, test connectivity, run jumpers and/or hot patch in- service circuits. Staqinq Area. For caged and cageless Collocation arrangements, ECI 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 ECl' equipment installation work in the Collocation space. ECI is responsible for protecting Verizon s equipment Verizon premise walls and flooring within the staging area and along the staging route. ECI 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. ECI may also utilize a staging trailer, which can be located on the exterior premises of Verizon premise. Verizon may assess ECI a market value lease rate for the area occupied by the trailer. Testing . Upon installation of ECl's equipment, and with prior notice, Verizon and ECI will mutually agree to schedule a meeting prior to the turn-up phase of the equipment to ensure proper functionality between ECl' 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 ECI to provide their own monitor and test points, if required, for connection directly to its terminal equipment. If ECI cannot attend the scheduled turn-up phase meeting for any reason, ECI must provide Verizon with seventy-two (72) hours advanced written notice prior to the scheduled meeting. If ECI fails to attend the scheduled meeting without the advanced written notification , Verizon reserves the right to charge ECI additional labor rates set forth in the Pricing Attachment for subsequent turn-up meetings with ECI which are required to complete the turn- up phase of the Collocation arrangement. Interconnection Between Collocated Spaces.Dedicated Transit Service (DTS), which allows for interconnection between ECI and another CLEC, provides a dedicated electrical or optical path between Collocation arrangements (caged, cageless, and virtual) of the same or of two different CLECs within the same Verizon premises, using Verizon provided distribution facilities. DTS is available for DSO DS1 , DS3, and dark fiber cross connects. In addition Verizon will also provide other technically feasible cross- connection arrangements, including lit fiber, on an Individual Case Basis (ICB) as requested by ECI and agreed to by 142 ECI 10 Camp v2. Verizon. Verizon will offer DTS to ECI as long as such access is technically feasible. DTS is only available when both Collocation arrangements (either caged, cageless, and/or virtual) being interconnected are within the same Verizon premises, provided that the collocated equipment is used for interconnection with Verizon and/or for access to the Verizon s unbundled network elements. Verizon shall provide such DTS connections from ECI's Collocation arrangement to another Collocation arrangement of ECI within the same Verizon premises, or to a Collocation arrangement of another CLEC in the same Verizon premises. DTS is provided at the same transmission level from ECI to another CLEC. The DTS arrangement requires ECI to provide cable assignment information for itself as well as for the other CLEC. Verizon will not make cable assignments for DTS. ECI responsible for all DTS ordering, bill payment, disconnect orders and maintenance transactions and is the customer of record. When initiating a DTS request, ECI must submit an Access Service Request (ASR) and a letter of agency from the CLEC it is connecting to that authorizes the DTS connection and facility assignment. DTS is provided on a negotiated interval with ECI. Optical Facilitv Terminations . If ECI requests access to unbundled dark fiber interoffice facilities, ECI may apply for a fiber optic patchcord connection(s) between Verizon fiber distribution panel (FOP) and ECl'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 Dedicated Transit Service. Non-Compliant Installations and Operations.If at any time Verizon reasonably determines that either ECl's Collocation equipment or it's engineering and installation do not meet the requirements outlined in this Attachment, ECI will be responsible for the costs associated with the removal of equipment or modification of the equipment or engineering and installation to render it compliant. If ECI fails to correct any non-compliance with these standards within thirty (30) days' written notice to ECI, Verizon may have the equipment removed or the condition corrected at ECI expense. If, during the installation phase , Verizon reasonably determines that any ECI 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 and/or take such action that Verizon 143 ECI 10 Camp v2. deems necessary without prior notice to ECI. The reasonable cost of said work and/or actions shall be borne by ECI. Verizon reserves the right to remove products facilities and equipment from its list of approved products upon ninety (90) days' notice to ECI if such products facilities and equipment are determined to be no longer compliant with NEBS safety standards. If ECI equipment poses an immediate safety threat, ECI shall remove the equipment immediately. Access to Collocation Space. Verizon will permit ECl's employees agents, and contractors approved by Verizon to have direct access to ECl's caged and cage less Collocation equipment twenty-four (24) hours a day, seven (7) days a week and reasonable access to Verizon s restroom and parking facilities. ECI's 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 ECI, to access ECI's collocated partitioned space to perform periodic inspections to ensure compliance with Verizon installation, safety and security practices. Where ECI shares a common entrance to the Verizon premise with Verizon, the reasonable use of shared building facilities, e., elevators unrestricted corridors, etc., will be permitted. However, Verizon reserves the right to permanently remove and/or deny access from Verizon premises, any ECI employee, agent, or contractor who violates Verizon s policies, work rules, or business conduct standards, or otherwise poses a security risk to Verizon. Network Outaqe. Damaqe and Reportinq. ECI shall be responsible for: (a) any damage or network outage occurring as a result of ECI owned or ECI 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 ECI service. Verizon will make every effort to contact ECI in the event ECI equipment disrupts the network. If Verizon is unable to make contact with ECI , Verizon shall temporarily disconnect ECI's service, as provided in Section 1.11. Security Requirements. 10.Security Measures . ECI agrees that its employees/vendors 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 network or facilities or to comply with applicable laws and regulations. Verizon will provide ECI with written notice of such changes. Where applicable, Verizon will provide 144 ECI 10 Camp v2. 10.2 information to ECI on the specific type of security training required so ECI's employees can complete such training. ECI will maintain with Verizon a list of all ECI employees who are currently authorized by ECI to access its caged and cage less Collocation space and will include social security numbers of all such individuals. ECI will also maintain with Verizon a list of its collocated-approved vendors and their social security numbers who request access to caged and cage less 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 ECI 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 ECI in accordance with the Verizon s normal security procedures applicable to any Vendor(s) or Contractor(s) on Verizon s premises. Verizon reserves the right to revoke any identification badge and/or access card of any ECI employee or agent found in violations of the terms and conditions set forth herein. ECI must follow Verizon s security guidelines, which are published on Verizon s web site. Verizon may suspend a ECI employee or agent from Verizon s premises if his/her actions materially affect the safety and/or integrity of Verizon s network or the safety of Verizon or other ECI employees/agents. Unless ECI employee or agent poses an immediate threat to Verizon or other CLECs, Verizon will provide ECI with a written explanation of violations committed by the ECI employee or agent four (4) Business Days prior to suspending ECI employee or agent from Verizon premises. ECI will have two (2) Business Days to respond to Verizon s notification. Any such employee or agent may later be allowed readmission to Verizon premises on mutually agreeable terms. Nothing in this section, however, restricts Verizon s authority to bar the ECI employee or agent from Verizon premises for violating Verizon s security guidelines. Securitv Standards. Verizon will be solely responsible for determining the appropriate level of security in each Verizon premise. Verizon reserves the right to deny access to Verizon buildings and/or outside facility structures for any ECI employee, agent or contractor who cannot meet Verizon s established security standards. Employees agents or contractors of ECI 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 and/or outside facility structures for ECl' employee , agent and contractor for falsification of records violation of fire , safety or security practices and policies or other just cause. ECI employees, agents or contractors 145 ECI 10 Camp v2. 10. who meet Verizon s established security standards will be provided access to ECI's caged and cageless Collocation equipment 24 hours a day, seven days a week and reasonable access to Verizon s restroom facilities. If ECI employees, agents or contractors request and are granted access to other areas of Verizon s premises, a Verizon employee, agent or contractor may accompany and observe ECI employee(s), agent(s) or contractor(s) at no cost to ECI. Verizon may use reasonable security measures to protect its equipment, including, for example, enclosing its equipment in its own cage or other separation , utilizing monitored card reader systems, digital security cameras badges with computerized tracking systems, identification swipe cards, keyed access and/or logs, as deemed appropriate by Verizon. Verizon may require ECI employees and contractors to use a central or separate entrance to Verizon s premises provided, however, that where Verizon requires that ECI 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 ECl's Collocation costs. Access Cards/ldentification.Access cards or keys will be provided to no more than a reasonable number of individuals for ECI for each Verizon premise for the purpose of installation , maintenance and repair of ECl's caged and cageless Collocation equipment. All ECI 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 ECI. The 10 must be wom on the individual's exterior clothing while on or at Verizon premises. Verizon will provide ECI with instructions and necessary access cards or keys to obtain access to Verizon premises. ECI is required to immediately notify Verizon by the most expeditious means when any ECl's employee, agent or contractor with access privileges to Verizon premises is no longer in its employ, or when keys, access cards or other means of obtaining access to Verizon premises are lost, stolen or not returned by an employee , agent or contractor no longer in its employ. ECI is responsible for the immediate retrieval and return to Verizon of all keys, access cards or other means of 146 ECI 10 Camp v2. 1.4 obtaining access to Verizon premises upon termination of employment of ECl's employee and/or termination of service. ECI shall be responsible for the replacement cost of keys, access cards or other means of obtaining access when lost, stolen or failure of ECI or ECl's employee, agent or contractor to return to Verizon. Emerqencv Access.ECI is responsible for providing a contact number that is readily accessible 24 hours a day, 7 days a week. ECI 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 ECI advance of any such emergency access. If advance notification is not possible Verizon will provide notification of any such entry to ECI as soon as possible following the entry, indicating the reasons for the entry and any actions taken which might impact ECl's facilities or equipment and its ability to provide service. Verizon will restrict access to ECl's Collocation space to persons necessary to handle such an emergency. The emergency provisioning and restoration of interconnection service shall be in accordance with Part 64 , Subpart , Paragraph 64.401 , of the FCC's Rules and Regulations, which specifies the priority for such activities. Verizon reserves the right without prior notice, to access ECI's Collocation space in an emergency, such as fire or other unsafe conditions, or for purposes of averting any threat of harm imposed by ECI or ECl's equipment upon the operation of Verizon s or another CLEC's equipment, facilities and/or employees located outside ECl's Collocation space. Verizon will notify ECI as soon as possible when such an event has occurred. In case of a Verizon work stoppage, ECl's employees, contractors or agents will comply with the emergency operation procedures established by Verizon. Such emergency procedures should not directly affect ECl's access to its premises , or ability to provide service. ECI will notify Verizon point of contact of any work stoppages by ECI employees. 1.4. Space Requirements. 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 cage less Collocation space. This information will be listed at the following public Internet URL: httD://www.verizon.comlrequlatory 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 ECI to tour the entire premises of the Verizon premise, without charge , within ten (10) calendar days of the tour request. 147 ECI 10 Camp v2. 1.4. 1.4. 1.4.4 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 ECI. The minimum amount of floor space available to ECI 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 ECI will be limited to the amount of existing suitable space which is technically feasible to support the Collocation arrangement requested. Existing suitable space is defined as available space in a Verizon premise that does not require the addition of AC/DC power, heat and air conditioning, battery and/or generator back-up power and other requirements necessary for provisioning Collocation services. Additional space to provide for caged, cageless and/or adjacent Collocation will be provided on a per request basis, where available. Additional space can be requested by ECI 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 ECI will work cooperatively to determine proper space requirements, and efficient use of space. In addition to other applicable requirements set forth in this Agreement, ECI shall install all its equipment within its designated area in contiguous line- ups in order to optimize the utilization of space within Verizon premises. ECI shall use the Collocation space solely for the purposes of installing, maintaining and operating ECI's equipment to interconnect for the exchange of traffic with Verizon and/or for purposes of accessing UNEs. ECI 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 ECl's employee(s) work location, office or retail space, or storage. The Collocation space shall not be used as ECI's mailing or shipping address. Reservation of Space.Verizon reserves the right to manage its Verizon premise conduit requirements and to reserve vacant space for planned facility. Verizon will retain and reserve a limited amount of vacant floor space within its Verizon premises for its own specific future uses on terms no more favorable than applicable to other CLECs seeking to reserve Collocation space for their own future use. If the remaining vacant floor space within a Verizon premise is reserved for Verizon s own specific future use, the Verizon premise will be exempt from future caged and cageless Collocation requests. ECI shall not be permitted to reserve Verizon premise cable space or conduit system. If new conduit is required, Verizon will negotiate with ECI to determine an alternative arrangement for the specific location. ECI will be allowed to reserve Collocation space for its caged/cageless arrangements based on ECls 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 ECI equipment. 148 ECIIO Camp v2. 1.4. 1.4. Pricing. Collocation Space Reoort . Upon request by ECI and upon ECI signing a Collocation nondisclosure agreement, Verizon will make available a Collocation space report with the following information for the Verizon premise requested: 1.4.Detailed description and amount of caged and cageless Collocation space available; 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 ECI 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, ECI 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 ECI accepts the Collocation arrangement. If ECI does not utilize its Collocation space within the established time period, and has not met the space reservation requirements of Section 1.4.4 to the extent applicable, Verizon may reclaim the unused Collocation space to accommodate another CLEC's request or Verizon s future space requirements. Verizon shall have the right, for good cause shown, and upon sixty (60) calendar days' notice , to reclaim any Collocation space , cable space or conduit space in order to fulfill its obligation under public service law and its Tariffs to provide telecommunication services to its Customers. In such cases, Verizon will reimburse ECI 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. ECI may seek Commission relief from reclamation within ten (10) Business Days of being notified. Rate Sheet.The rates for Verizon s Collocation services provided pursuant to this Agreement are set forth in the Pricing 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. 149 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. Billinq 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 ECI when Verizon provides ECI 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. 1.6. 6.4 ECI 10 Camp v2. No liability shall attach to Verizon for damages arising from errors mistakes, omissions, interruptions, or delays of Verizon, its agents servants or employees, in the course of establishing, furnishing, rearranging, moving, terminating, or changing the service or facilities (including the obtaining or furnishing of information in respect thereof or with respect to the subscribers or users of the service or facilities) in the absence of gross negligence or willful misconduct. Subject to the preceding and to the provisions following, with respect to any claim or suit, by ECI 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 ECI 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 ECI and/or its end user against any claim, loss or damage arising from the use of services offered under this Attachment, involving: 150 ECI 10 Camp v2. 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 ECI or its end user in connection with facilities provided by Verizon , ECI, or the end user; or 6.4.Verizon shall not be liable to ECI 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 ECI from any and all claims by any person relating to ECl'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 ECI facilities, equipment, or services used in conjunction with the services provided under this Attachment. Nor shall Verizon be liable for any damages or losses due to unauthorized use of the services or the failure or negligence of ECI or ECI end user, or due to the failure of equipment, facilities, or services provided by ECI 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. ECI 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 ECI or by any other party or person for damages to property and injury or death to persons, including payments made under any worker s compensation law or under any plan for employees' disability and death benefits, which may arise out of or be caused by the installation, maintenance, repair, replacement presence, use or removal of ECl'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 151 ECI 10 Camp v2. rescission of the Agreement for at least 18 months from the date of the termination. Verizon shall indemnify, defend and save harmless ECI 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 ECI, its employees, agents former or striking employees, or contractors, in connection therewith unless caused by gross negligence or willful misconduct on the part of ECI. ECI 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 ECI, and/or acts by ECI, its employees, agents or contractors. ECI 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 ECI installation and operation of its facilities or equipment within the multiplexing node, roof space and transmitter space. ECI 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. ECI 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 ECI, 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 ECI, 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. 152 ECI 10 Camp v2. Casualty. Verizon and ECI 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, ECI 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 ECI of its plans to repair/restore the Collocation equipment location as soon as it is practicable and will work in good faith to restore service to ECI 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. 1 .7.1 .If the Collocation equipment location or any part thereof is totally damaged or rendered 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 1.8.2. If Verizon elects to restore the Collocation equipment location , Verizon shall inform ECI of its plans to repair/restore the Collocation equipment location as soon as it is practicable and will work in good faith to restore service to ECI 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 ECI, 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 153 1.7. 7.4 ECI 10 Camp v2. ECI 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 ECI's Collocation equipment location or any part thereof under the conditions specified in 1. 1.4 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 ECI, the liability and indemnification provisions of this Attachment shall apply and Verizon may terminate ECI Collocation arrangement immediately. If the Collocation equipment location or any part thereof is rendered wholly unusable through no fault of ECI , 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 ECI Collocation equipment location or any part thereof. In this event Verizon will provide ECI 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 ECI. ECI must vacate the premises by the date specified in the notice. Verizon s rights against ECI 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 ECI, which were on account of any period subsequent to such date shall be returned to ECI. After any such casualty and upon request by Verizon, ECI shall remove from the Collocation equipment location and other associated space, as promptly as reasonably possible, all of ECI salvageable inventory and movable equipment, furniture and other property. In the event non-recurring and/or recurring charges were suspended pursuant to 1., E C I liability for applicable non-recurring and monthly recurring charges shall resume either upon occupancy by ECI 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 ECI 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 ECI 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 invalidate the insurance and also , provided that such a policy can be obtained without additional premiums. 154 ECIIO Camp v2. Verizon will not carry insurance on the ECI furniture and/or furnishings or any fixtures or equipment, improvements, or appurtenances removable by ECI 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 Charqes . Verizon shall provide ECI with a notice ("Scheduled Completion Notice ) indicating the scheduled completion date ("Scheduled Completion Date ) for the Collocation arrangement. Verizon shall also provide a notice that will remind ECI of the Scheduled Completion Date and will request ECI to schedule and attend a "Collocation Acceptance Meeting" ("CAM" Collocation charges will be implemented in accordance with this section regardless of the readiness of ECI to utilize the completed Collocation arrangement. Collection of Non-Recurrinq Charqes . The initial payment of non-recurring charges (NRCs) shall be due and payable in accordance with Section 1.3. ECI shall pay the balance of the NRCs ("NRC Balance ) upon ECI acceptance of the Collocation arrangement or thirty (30) calendar days after the Collocation arrangement is completed, whichever comes first. Commencement of Recurrinq Charqes . Monthly recurring charges will commence upon CLEC acceptance of the Collocation arrangement or thirty (30) calendar days after the Collocation arrangement is completed, whichever comes first ("Commencement Date ), and shall continue until terminated pursuant to Section 1.8). Extension Request.A CLEC may request to extend or delay the Scheduled Completion Date of a Collocation arrangement for up to six (6) months. A CLEC electing to extend the Scheduled Completion Date 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, ECI 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 ECI or the six (6) month extension period has expired, whichever comes first. At any time during or after the extension period, if ECI 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 ECI that its Collocation space has been requested by another CLEC. ECI will have up to five (5) Business Days after the notification to retain the Collocation space by notifying Verizon in writing that it 155 ECI 10 Camp v2. desires to keep the space ("Retention Notice ). If ECI retains the Collocation space, monthly recurring charges shall commence for ECI thirty (30) calendar days after ECI sends the Retention Notice or when ECI accepts the space, whichever comes first. Grounds for Termination bv Verizon.Failure by ECI 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 ECI: (a) is not in conformance with provisions of this Attachment or other Company standards and requirements; and/or (b) imposes continued disruption and threat of harm to Company employees and/or 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 ECI'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 ECl's Collocation space. Verizon reserves the right to inspect ECI's Collocation arrangement to determine if sufficient DC Power and/or facility terminations are being used to maintain interconnection and/or access 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 DC Power and/or facility terminations), Verizon reserves the right to terminate ECI' 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.ECI must notify Verizon in writing of its plans to terminate a Collocation arrangement ("CLEC Termination Notice and such ECI termination shall be governed by this Section. Termination After Completion. If ECI 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 ECI Termination Notice. If CLEC terminates a Collocation arrangement under this section , the termination shall be governed by Section 1.8.4 and ECI 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 ECI shall include a list of any such owners and secured parties in ECI Termination Notice. Termination Prior to Completion. If ECI elects to terminate a request for Collocation when construction is in progress and prior to completion of the Collocation arrangement, the 156 ECI 10 Camp v2. 8.4 termination will be effective upon Verizon s receipt of ECI Termination Notice. For all non-recurring charges associated with providing the Collocation arrangement, ECI 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 "Days" refers to Business Days measured from Verizon s receipt of a complete application from ECI): 3.2.Effective date of ECI termination on or between Days 1 to 15, ECI owes 20% of non-recurring charges. 3.2.Effective date of ECI termination on or between Days 16 to 30, ECI owes 40% of non-recurring charges. Effective date of ECI termination on or between Days 31 to 45, ECI owes 60% of non-recurring charges. 2.4 Effective date of ECI termination on or between Days 46 to 60 , ECI owes 80% of non-recurring charges. Effective date of ECI termination after Day 60 ECI owes 100% of non-recurring charges. If after applying these percentages to NRCs already paid by ECI , any refunds are due ECI , such refunds shall be applied first as a credit to any accounts with balances owed by ECI to Verizon, with any remaining refund amount issued to ECI. Engineering/major augment fees submitted with the application will not be refunded. ECI Termination Notice must be received by Verizon prior to the Scheduled Completion Date to avoid incurring any monthly recurring charges. Effects of Termination. If Verizon or ECI terminates a Collocation arrangement under the terms and conditions of this Attachment, the following provisions shall apply: 8.4.Equipment Removal and Monthly Recurring Charges. ECI shall disconnect and remove its equipment from the designated Collocation space by the effective date of the termination. Upon removal by ECI of all its equipment from the Collocation space , if ECI does not restore the Collocation space to its original condition at time of occupancy, ECI will reimburse Verizon for the cost to do so. Due to physical and technical constraints, removal of ECI entrance facility cable will be at Verizon s option. ECI shall reimburse Verizon for all costs Verizon incurs to decommission DC Power and transmission cable terminations previously applied for by ECI. Verizon reserves the right to remove ECl's equipment if ECI fails to remove and dispose of the equipment by the effective date of the termination. ECI will be charged the appropriate 157 ECI 10 Camp v2. 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 ECI 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. 8.4.Refund of Non-Recurring Charges. If Verizon or ECI has terminated a Collocation arrangement pursuant to Sections 2 and 1.3 and ECI ("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"), ECI 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 ECI paid a non-recurring charge, Verizon will make a pro rata refund of such paid non-recurring charges to ECI. For purposes of calculating prorated refunds to ECI, Verizon will use the economic life of the asset. Any refunds issued pursuant to this section shall be applied first as a credit to any accounts with balances owed by ECI to Verizon , and any remaining refund amount will be issued to ECI. Engineering/major augment fees submitted with the application and any other paid non-recurring charges not associated with the asset will not be refunded. Closure. Decommissionina 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 ECI 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 ECI as soon as practicable. Verizon will work with ECI to identify alternate Collocation arrangements. Verizon will work cooperatively with ECI 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. ECI 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 ECI requires use of a Verizon local exchange line, ECI must order a business local exchange access line (B1). ECI may not use Verizon official lines. Virtual Collocation. 158 Unless otherwise specified in this Section 1., the provisions contained in other sections of the Collocation Attachment shall apply to virtual Collocation. Description. Under virtual Collocation, Verizon installs and maintains ECI provided equipment, which is dedicated to the exclusive use of ECI in a Collocation arrangement. ECI provides fiber-optic facilities through Verizon entrance manholes for connection to ECI 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 fit:~er. From this manhole toward ECI's location, the fiber optic cable remains ECl's responsibility, with ECI performing all servicing and maintaining full ownership. If ECI is purchasing Verizon provided unbundled interoffice facilities as transport, ECI entrance fiber is not required. All elements/services shall be connected to the output cables of the virtual Collocation arrangement using Verizon designated cable assignments, not channel assignments. Virtual Collocation is offered on a first come, first served basis and is provided subject to the availability of space and facilities in each premises where virtual Collocation is requested. If ECI requests virtual Collocation of equipment other than the standard virtual arrangement, ECI and Verizon will mutually agree upon the type of equipment to be virtually collocated. Implementation Intervals and Planninq. Verizon and ECI shall work cooperatively to jointly plan the implementation milestones. Verizon and ECI 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 ECI-provided transmission equipment and for training. Verizon will notify ECI of issues or unanticipated delays, as they become known. Verizon and ECI 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 Days for all standard arrangement requests which were properly forecast six months prior to the application dates subject to the provisions in this Attachment governing forecasting and capacity. ECI shall deliver the virtual Collocation equipment to Verizon premises by Business Day forty (40). Verizon and ECI shall work cooperatively to schedule each site on a priority-based order. Verizon and ECI shall mutually agree upon intervals for non-standard arrangements. ECI 10 Camp v2.159 9.4 ECI 10 Camp v2. Transmission Failure. ECI shall be responsible for monitoring and reporting signal loss to Verizon. In the event of a transmission failure ECI 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 ECI within eight (8) Business Days of the results of this review and site survey. The dedicated terminal equipment inside Verizon s premises shall be provided by ECI 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 ECI will remove the equipment. ECI will retain ownership of this equipment inside the premises. Verizon will operate and maintain exclusive control over this equipment inside the premises. Where Verizon uses approved contractors for installation maintenance or repair of virtual Collocation arrangements, ECI may hire the same approved contractors directly for installation maintenance or repair of ECI designated equipment. Where Verizon does not use contractors, ECI designated equipment and ECI provided facilities used in the provision of virtual Collocation will be installed , maintained and repaired by Verizon. Verizon will maintain and repair ECI designated equipment under the same timeframe and standards as its own equipment. ECI 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 ECI 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). Pluq-ins and Spare Cards.When a plug-in/card is determined by Verizon to be defective, Verizon will label the plug-in as defective and place it in ECI-dedicated plug-in/card storage cabinet. ECI 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 ECl's failure to replace defective plug- ins/cards. Verizon shall not be held responsible if ECI provides an inadequate supply of plug-ins/cards. Verizon will segregate and 160 ECI 10 Camp v2. secure ECI-provided maintenance spares in ECI-provided spare plug- in/card cabinet. ECI shall provide the shop-wired piece of equipment fully pre-equipped with working plug-ins/cards. In addition , ECI shall provide Verizon with maintenance spares for each plug-in/card type. The number of maintenance spares shall be the manufacturer s recommended amount, unless otherwise mutually agreed by Verizon and ECI 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 ECI prior to delivery to Verizon. In addition to maintenance spares, ECI 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 , ECI is then responsible to contact the Verizon operations manager to arrange exchange and replacement of the plug-in/card. Exchanged, pre-tested spares shall be provided within one week of replacement of a defective plug-in/card. Subject to premise space availability, ECI 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 ECI. Safety and Technical Standards. Verizon reserves all rights to terminate , modify or reconfigure the provision of service to ECI if, in the discretion of Verizon , provision of service to ECI may in any way interfere with or adversely affect Verizon s network or its ability to service other CLECs. All ECI 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 ECl's responsibility to demonstrate and provide to Verizon adequate documentation from an accredited source certifying compliance. ECI 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. ECI equipment is not required to meet the same performance and reliability standards as Verizon imposes on its own equipment as 161 ECI 10 Camp v2. defined in RNSA - NEB - 95 - 0003 , Revision 10 or higher. ECI may install equipment that has been deployed by Verizon for five years or more with a proven safety record. All ECl's entrance facilities and splices must comply with TR - TSY 00020, TR - NWT - 001058, BR - 760 - 200 - 030 and SR - TAP- 001421 as they relate to fire, safety, health, environmental safeguards and interference with Verizon s services and facilities. Such requirements include, but are not limited to the following: (1) The fibers must be single mode; (2) The fiber optic units must be of loose tube (12 fibers) or ribbon (12 fibers) design; (3) The fiber cable must be marked according to the cable marking requirements in GR - 20 CORE, Section 6.1 - 4; (4) The fiber must be identified according to the fiber and unit identification (color codes) in GR - 20 - CORE Section 6.5; (5) Unless otherwise mutually agreed, the outer cable jacket shall consist of a polyethylene resin, carbon black, and suitable antioxidant system; and (6) Silica fibers shall be fusible with a commercially available fusion splicer(s) that is commonly used for this operation. Control Over Premises-Based Equipment.Verizon exercises exclusive physical control over the premises-based transmission equipment that terminates ECI'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 ECI. 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 ECI at the number provided and service the equipment as instructed and directed by ECI. Placement. Removal and MonitorinQ of Facilities and Equipment. From manhole zero toward ECl's location the fiber optic cable remains ECl's responsibility, with ECI performing all servicing and maintaining full ownership. ECI has the responsibility to remotely monitor and control their circuits terminating in Verizon s premises, however, ECI will not enter Verizon s premises under virtual Collocation arrangements. Performance and surveillance monitoring and trouble isolation shall be provided by ECI. A clear distinction must be made by ECI when submitting reports of troubles on Verizon services/elements connected to the virtually collocated equipment and reports of troubles with the collocated equipment. The former can be handled using Verizon technicians and standard processes. The latter will require specially trained technicians familiar with the collocated equipment (refer to Section 1.11). 162 ECI 10 Camp v2. When ECI isolates a trouble and determines that a Verizon technician should be dispatched to the equipment location for a servicing procedure, ECI shall enter a trouble ticket with Verizon. ECI 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 ECl's technician/contact. Responses to all equipment servicing needs will be at ECI's direction. Maintenance will not be performed without ECI's direct instruction and authorization. If ECI is providing its own transport fiber for the virtual Collocation arrangement, ECI 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 ECI. Verizon technicians will perform the instructed activities on the equipment as specifically directed by ECI. ECI shall provide, own, and operate the terminal equipment at their site outside Verizon s premises. Use of Non-Standard Eauipment.When ECI 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 , ECI 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 ECI with adequate manufacturer s training. ECI 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 ECI. ECI 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 ECI based on ticket stubs and/or receipts. This includes paying for mileage according to the IRS rates for personal car mileage or airfare, as appropriate ECI also has the option of arranging and paying for all travel expenses for Verizon technicians directly. In the event of an equipment upgrade, ECI must provide secondary training subject to the provisions contained herein. Additions and Rearranaements. Once ECI has established a virtual Collocation arrangement, changes to the existing configuration (including but not limited to, growing, upgrading, and/or reconfiguring the current equipment) are considered rearrangements to that virtual Collocation arrangement. If ECI decides to rearrange an existing virtual Collocation arrangement, ECI must submit a new application outlining the details of the rearrangement along with a virtual engineering/major augment fee. 163 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 fi nished all elements of the installation under its control. The readiness of ECI to utilize the completed virtual Collocation arrangement will not impair the right of Verizon to commence billing. Verizon shall charge ECI 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 ECl's fiber in manhole zero , including license fees, shall be the responsibility of ECI. Virtual Enaineerina Fee. Verizon will require a virtual engineering/major augment fee (NRC) per virtual Collocation request per premise or other Verizon location where ECI requests to establish virtual Collocation. A virtual engineering/major augment fee is required to be submitted by ECI 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 ECI cancels or withdraws its request for a virtual Collocation arrangement prior to turn-up, ECI 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 engineering/major augment Fee and other applicable charges. Verizon will notify ECI within ten (10) Business Days following receipt of the completed Augment Application if ECI conversion request is accepted or denied. When converting a virtual arrangement to a caged or cageless arrangement, ECl's equipment may need to be relocated. ECI will responsible for all costs associated with the relocation of its equipment as described in Section 1.2. 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 ECIIO Camp v2.164 of the building, and radio transmitter/receiver equipment located either inside or on the exterior of the building. All microwave antennas must be physically interconnected to Verizon facilities through the Collocation arrangement. Unless otherwise specified in this Section 1., the provisions contained in other sections of the Collocation Attachment shall apply to microwave Collocation. 10. 10.2 ECI 10 Camp v2. Accommodations.Verizon will provide space within the cable riser cable rack support structures and between the transmitter/receiver space and the roof space needed to reach the physical or virtual Collocation arrangement and to access Verizon s interconnection point. Waveguide may not be placed in Verizon cable risers or racks. Verizon reserves the right to prohibit the installation of waveguide, metallic conduit and coaxial cable through or near sensitive equipment areas. The route of the waveguide and/or coaxial cable as well as any protection required will be discussed during the pre-construction survey. Verizon will designate the space in , on or above the exterior walls and roof of the premises, which will constitute the roof space or transmitter/receiver space. Verizon may require ECI' transmitter/receiver equipment to be installed in a locked cabinet which may be free standing, wall mounted or relay rack mounted. Verizon may enclose ECl's multiplexing node or transmitter/receiver equipment in a cage or room. At the option of Verizon, the antenna support structure shall be built owned and maintained by either Verizon or by ECI. Verizon reserves the right to use existing support structures for ECI's antenna, subject to space and capacity limitations. Verizon also reserves the right use any unused portion of a support structure owned by ECI 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' Part 32 uniform system of accounts. When ECI is the owner of the structure, it shall keep such records in accordance with generally accepted accounting principles. The owner of the support structure shall use reasonable efforts to accommodate requests by other CLECs to use the support structure for microwave interconnection on a first-come first-served basis. For those interconnecting via microwave facilities, transmitter/receiver equipment may be located in ECl'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 ECl's employees, agents and contractors approved by Verizon to have access to the areas where ECl's microwave antenna and associated equipment (e., tower and support structure, transmitter/receiver equipment, and waveguide and/or coaxial cable) is located during normal business hours for installation and routine maintenance, provided that ECI employees agents and contractors comply with the policies and practices of Verizon pertaining to fire, safety and security. Such approval will not 165 10. ECI 10 Camp v2. be unreasonably withheld. During non-business hours, Verizon will provide access on a per event basis. Verizon will also permit all approved employees, agents and contractors of ECI to have access to ECl's cable and associated equipment (e., repeaters). This will include access to riser cable cableways, and any room or area necessary for access. Safety and Technical Standards . Verizon reserves the right to remove facilities and equipment from its list of approved products if such products, facilities and equipment are determined to be no longer compliant with NEBS standards or electromagnetic compatibility and electrical safety generic criteria for network telecommunication equipment specified in GR -1089 - CORE. Verizon will provide 90 days notice of the change unless it is due to an emergency which renders notice impossible. Verizon reserves the right to review wind or ice loadings, etc., for antennas over 18 inches in diameter or for any multiple antenna installations, and to require changes necessary to insure that such loadings meet generally accepted engineering criteria for radio tower structures. The minimum height of equipment placement, such as microwave antennas, must be eight feet from the roof. For masts, towers and/or antennas over ten (10) feet in height, ECI 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 ECI owned structures that are solely for the use of one CLEC's antenna(s), such inspection will be at ECI'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 and/or repairs, as recommended by the engineer, within 90 days. ECI 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 ECl's facilities or equipment located in roof space or transmitter/receiver space. ECI also agrees to take all necessary corrective action. All ECI 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. ECI must comply with Verizon technical specifications for microwave Collocation interconnection specified in NIP - 74171 and Verizon digital switch environmental requirements specified in NIP - 74165, as they relate to fire, safety, health, environmental, and network safeguards, and ensure that ECI provided equipment and installation activities do not act as a hindrance to Verizon services or facilities. ECl's equipment placed in or on roof space or transmitter/receiver 166 ECIIO Camp v2. 10.4 space must also comply with all applicable rules and regulations of the FCC and the FAA. ECI 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 ECI 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 practices as they relate to fire , safety, health, environmental safeguards transmission and electrical grounding requirements, or interference with Verizon services or facilities. The equipment located in, on or above the exterior walls or roof of Verizon 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 and/or local regulations governing the safe levels of radio frequency radiation. The minimum standard to be met by ECI in all cases is specified in ANSI C95.1 -1982. ECI 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. ECI equipment is not required to meet the same performance and reliability standards as Verizon imposes on its own equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. Placement and Removal of Facilities and Equipment.Prior to installation of ECl's facilities or transmission equipment for microwave interconnection , ECI must obtain at its sole cost and expense all necessary licenses, permits, approvals, and/or variances for the installation and operation of the equipment and particular microwave system, and when applicable for any towers or support structures, as may be required by authorities having jurisdiction. ECI 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 ECl'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 ECI. 167 ECI 10 Camp v2. 10. 10. ECI will be responsible for supplying, installing, maintaining, repairing and servicing the following microwave specific equipment: Waveguide, waveguide conduit, and/or coaxial cable, the microwave antenna and associated tower and support structure and any associated equipment; and the transmitter/receiver equipment and any required grounding. ECI may install equipment that has been deployed by the Verizon for five years or more with a proven safety record. Moves. Replacements or Other Modifications . Where ECI intends to modify, move replace or add to equipment or facilities within or about the roof space or transmitter/receiver space(s) and requires special consideration (e., use of freight elevators, loading dock, staging area, etc.), ECI must request and receive written consent from Verizon. Such consent will not be unreasonably withheld. ECI shall not make any changes from initial installation in terms of the number of transmitter/receivers, type of radio equipment, power output of transmitters or any other technical parameters without the prior written approval of Verizon. Space and Facilities . Monthly rates are applicable to ECI 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 ECl's relative capacity ratio (RCR), (Le., the sum of the RCRs of each of the ECl's antennas). Square footage for the footprint will be based on the length times width of the entire footprint formed on the horizontal plane (generally the roof top) by the antenna(s), tower(s), mount(s), guy wires and/or support structures used by ECI. 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 ECI proposing to use the structure, on a one-time basis, for the following costs and/or values. Any incremental costs associated with installing the ECl's antenna, including but not limited to, the costs of engineering studies roof penetrations, structural attachments, support structure modification or reinforcement, zoning and building permits. A portion of the net book value of the support structure is based on the RCR of ECl's proposed antenna(s) to be mounted on the structure. ECl's RCR represents the percent of the total capacity of the support structure used by ECl'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 ECI 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 ECI any charges in addition to the one-time charge described above, except that the 168 ECI 10 Camp v2. 10. 1.10. owner of the structure may assess ECI a proportionate share of inspection costs and Verizon may assess ECI monthly recurring charges for use of its roof space. At the time ECI proposes to attach additional antennas to an existing support structure, it shall be the responsibility of ECI 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 ECI is the owner of the structure , the proposed user shall pay ECI 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 ECI as owner of the support structure fails to comply with these provisions, at Verizon s option ownership of the support structure shall transfer to Verizon. Costs incurred by Verizon to conduct a review for wind or ice loadings (etc.) for antennas over 18 inches in diameter, or for any multiple antenna installation, and any changes which may be required thereto in order to insure that such loadings meet generally accepted engineering criteria for radio tower structures, will be billed to ECI. Emeraencv Power and/or Environmental Support.In the event special work must be done by Verizon to provide emergency power or environmental support to the transmitter/receiver equipment or antenna, ECI will be billed on a time and materials basis for the costs incurred. Escortina. When ECI 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. 169 911 ATTACHMENT 911/E-911 Arrangements ECI 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 ECI 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 ECI with the appropriate CLLI codes and specifications of the Tandem Office serving area. In areas where E-911 is not available , ECI and Verizon will negotiate arrangements to connect ECI 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 ECI to include all required information and applicable forms, and to the extent authorized by the relevant federal , state, and local authorities, Verizon will provide ECI, 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 ECI is providing, or represents to Verizon that it intends to provide within sixty (60) days of ECl'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 CLLI code of each 911 /E-911 selective router or 911 Tandem office(s) in the area in which ECI 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 ECI 911/E-911 data entry files containing errors, so that ECI may ensure the accuracy of the Customer records. ECI shall use , where available, the appropriate Verizon electronic interface, through which ECI shall input and provide a daily update of 911/E-911 database information related to appropriate ECI Customers. In those areas where an electronic interface is not available, ECI 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 911/E- 911 database system. Any 911/E-911-related data exchanged between the Parties prior ECI 10 Camp v2.170 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). ECI may also use the electronic interface, where available, to query the 911/E-911 database to verify the accuracy of ECI Customer information. 911 Interconnection Verizon and ECI will use commercially reasonable efforts to facilitate the prompt, robust reliable and efficient interconnection of ECI systems to the 911/E-911 platforms and/or systems. 911 Facilities ECI shall be responsible for providing facilities from the ECI End Office to the 911 Tandem or selective router. ECI 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 ECI. Therefore, for those ported telephone numbers using INP, ECI 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, ECI 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. ECI will include their NENA five character Company Identification ("COlD") for inclusion in the All display. ECI 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 ECl's NENA COlD to lock and unlock records and the posting of ECI's NENA COlD 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 ECI 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 ECI will compensate Verizon for connections to its 911/E-911 platform and/or system pursuant to the rate schedule included in the Pricing Attachment. 911 Rules and Regulations ECI 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. Good Faith Performance ECI 10 Camp v2.171 If and, to the extent that, Verizon, prior to the Effective Date 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 ECI 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. ECI 10 Camp v2.172 General ECIIO Camp v2. PRICING ATTACHMENT 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 "TBD" or otherwise, Verizon is developing such Charges and has not finished developing such Charges as of the Effective Date of this Agreement ("Effective Date ). When Verizon finishes developing such a Charge, Verizon shall notify ECI in writing of such Charge in accordance with, and subject to, the notices provisions of this Agreement and thereafter shall bill ECI , and ECI shall pay to Verizon , for Services provided under this Agreement on the Effective Date and thereafter in accordance with such Charge. Any notice provided by Verizon to ECI pursuant to 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 ECI 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), provided 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 ECI for Resale Pursuant to the Resale Attachment Verizon Telecommunications Services for which Verizon is Required to Provide a Wholesale Discount Pursuant to Section 251(c)(4) of the Act. 173 1.4 ECI 10 Camp v2. The Charges for a Verizon Telecommunications Service purchased by ECI 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 ECI 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 ECI 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 ECI 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; 174 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 Dual 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 Discount 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, if there 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 ECI 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. ECI Prices ECI 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 ECI. Notwithstanding any other provision of this Agreement, the Charges that ECI bills Verizon for ECl's Services shall not exceed the Charges for Verizon s comparable Services except to the extent that ECl's cost to provide such ECl's Services to Verizon exceeds the Charges for Verizon s comparable Services and ECI 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) with regard to the Charges of the other Party (including, but not limited to, a proceeding ECI 10 Camp v2.175 to obtain a reduction in such Charges and a refund of any amounts paid in excess of any Charges that are reduced). ECIIO Camp v2.176 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 Traffic Service Charge is $0.0018345 per minute of use. 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., 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 Appendix shall 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 ECI 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. ECI 10 Camp v2.177 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 - As Specified Engineered Subsequent Service Order Non-Engineered Initial Service Order - New Service Non-Engineered 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. $ 12.21 $ 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 ECIIO Camp v2.178 $ 35.48 $ 12. $ 17. $ 10.$ 9. $ 30. $ 42. $ 38. 6.40 $ 10.$ 9. Application of NRCs Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that ECI orders any service from this Agreement. Customer Record Search applies when ECI 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 ECI. 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 ECI. 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 ECl's order into Verizon s Secure Integrated Gateway System (SIGS), e.g. 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 ECI requests service prior to the standard due date intervals. Coordinated Conversion applies if ECI requests notification and coordination of service cut over prior to the service becoming effective. Hot Coordinated Conversion First Hour applies if ECI 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. ECI 10 Camp v2.179 III.Prices for Unbundled Network Elements Monthly Recurring Charges Local Loop 2 Wire Analog Loop (inclusive of NID) 4 Wire Analog Loop (inclusive of NID) 2 Wire Digital Loop (inclusive of NID) 4 Wire Digital Loop (inclusive of NID) DS-1 Loop DS-3 Loop Supplemental Features: ISDN-BRI Line Loop Extender OS 1 Clear Channel Capability Sub-Loop Wire Feeder Wire Distribution Wire Feeder Wire Distribution Wire Drop Wire Drop Inside Wire Network Interface Device (leased separately) Basic NID: Complex (12 x) NID Switching Port Basic Analog Line Side Port Coin Line Side Port ISDN BRI Digital Line Side Port DS-1 Digital Trunk Side Port ISDN PRI Digital Trunk Side Port Usage Charges (must purchase Port) Local Central Office Switching (Overall Average MOU) Common Shared Transport 45. 67. 45. 67. 160. 320. 26. 16. 26. 31.27 45. BFR 19.40 70. 227. 0050687 3 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 ECI 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. 4 In compliance with the FCC Order approving the Merger of GTE Corporation and Bell Atlantic (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 httc:/Iwww.Qte.com/wisefor former GTE service areas and httc:llwww.bell-atl.comiwhoiesale/htmi/resources.htm for former Bell Atlantic service areas. ECI 10 Camp v2.180 Transport Facility (Average MOU/ALM) Transport Termination (Average MOUfTerm) Tandem Switching (Average MOU) Terminating to Originating Ratio Dedicated Transport Facilities CLEC Dedicated Transport COT 2 Wire COT 4 Wire COT DS1 COT DS3 Optical Interface COT DS3 Electrical Interface Interoffice Dedicated Transport lOT DSO Transport Facility per ALM lOT DSO Transport Termination lOT DS1 Transport Facility per ALM lOT DS1 Transport Termination lOT DS3 Transport Facility per ALM lOT DS3 Transport Termination Multiplexing DS1 to Voice Multiplexing DS3 to OS 1 Multiplexing OS 1 Clear Channel Capability Unbundled Dark Fiber Unbundled Dark Fiber Loops/Sub-Loops Dark Fiber Loop Dark Fiber Sub-Loop - Feeder Dark Fiber Sub-Loop - Distribution Unbundled Dark Fiber Dedicated Transport Dark Fiber lOT -Facility Dark Fiber lOT -Termination Intermediate Office Cross Connect ECI 10 Camp v2.181 0000021 0001106 0017134 $ 33. $ 53. $ 300. $ 1 312. $ 1 750. 12. 45. 25. 234. 194. 550. 26. 67. 53. 13. 24. TBD UNE-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 T/O 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 loop/port 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 TBD 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 ISDN BRI Platform consists of the following components: UNE 2-wire Digital loop; and UNE ISDN BRI Digital Line Side port UNE ISDN PRI Platform consists of the following components: UNE DS1 loop; and UNE ISDN PRI Digital Trunk Side port UNE DS1 Platform consists of the following components: UNE OS 1 loop; and UNE DS1 Digital 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). 5 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 ECI 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. ECI 10 Camp v2.182 Line Splitting6 Except as noted in the following paragraph, the provider of voice services in a Line Splitting arrangement eVLEC") 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 ADSL 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. 6 Rates for the individual line splitting components are contained in existing terms for Unbundled Network Elements and Collocation. ECI 10 Camp v2.183 NON-RECURRING CHARGES - LOOP, PORT AND NID Pre-ordering CLEC Account Establishment Per CLEC Customer Record Search $166. 4.21 Ordering and Provisioning Loop: Engineered Initial Service Order (ISO) Non-Engineered ISO Central Office Connection Outside Facility Connection (See Note 1) $294. $ 49. $ 12.21 $ 68. NID: ISO Outside Facility Connection $ 33. $ 42. Port: ISO Subsequent Service Order Central Office Connection $ 50.46 $ 25. $ 12.21 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. ECI 10 Camp v2.184 NON-RECURRING CHARGES - OTHER UNEs Exchange - FDI Feeder Interconnection - Initial Exchange - FDI Feeder Interconnection - Subsequent Exchange - FDI Distribution Interconnection - Initial Exchange - FDI Distribution Interconnection - Subsequent Exchange - Serving Terminal Interconnection - Initial Exchange - Serving Terminal Interconnection - Subsequent $ 36. $ 15. $ 36. $ 15. $ 36. $ 15. $ 26. $ 11. $ 26. $ 11. $ 26. $ 11. Advanced - Service Inquiry Charge Advanced - Interoffice Dedicated Transport - Initial Advanced - Unbundled Loop - Initial Advanced - Sub-Loop Feeder - Initial Advanced - Sub-Loop Distribution - Initial Intermediate Office Cross Connect Dark fiber Record Review (with reservations) Dark Fiber Optional Engineering Services ~r~!~RI~h~~~~I:I\I! !?PHA~IZsl?qPTI O~S)-I,:oop portipn sl:~.ali:~~g~Ojeiit) . Advanced - Basic (2-wire and 4-wire) - Initial Advanced - Basic (2-wire and 4-wire) - Subsequent DS1/DS3 - Initial DS1/DS3 - Subsequent DS3 to DS1 Multiplexer DS1 to DSO Multiplexer ~ov ,:lPpnversipn1!OP.. . . .". ., Advanced - Basic (2-wire and 4-wire) Changeover Advanced - Basic (2-wire and 4-wire) Changeover (As Is)- Additional MOG (Mass Order Generator) Only Advanced - Complex (DS1 and above) Changeover (As Is) Advanced - Complex (DS1 and above) Changeover (As Is)- Additional MOG (Mass Order Generator) Only $405. $ 64. $ 64. $ 64. $ 64. TBD TBD TBD $ 88. $ 38. $ 97. $ 38. N/A N/A $405. $ 64. $ 64. $ 64. $ 64. $ 56. $ 21. $ 65. $ 21. N/A N/A $ 46. $ 16. $ 61. $ 16. $ 28. $ 13. N/A $267. $261. $261. $264. $12. $ 12. $12. $ 12. $450. $800. $ 24. $ 7. $ 30. $ 7. $ 15. 6.41 N/A $224. $220.43 $220.43 $216. N/A N/A N/A N/A N/A N/A ECI 10 Camp v2.185 $179. $7. $117. $4. $41. $41. N/A N/A N/A ~qN argg Loop Conditioning - Bridged Tap Loop Conditioning - Load Coils Loop Conditioning - Load Coils / Bridged Tap $318. $249. $568. N/A N/A N/A N/A N/A N/A $ 34. $ 34. Exchange - Basic - Initial $ 31.57 $ 22.$ 28.$ 26. Exchange - Basic - Subsequent $ 16.44 $ 13. Exchange - Basic - Changeover $ 19.$ 15. Exchange - Complex Non-Digital - Initial $ 41.$ 27.$162.41 $ 31. Exchange - Complex Non-Digital- Subsequent (Port Feature)$ 16.44 $ 13.26 Exchange - Complex Non-Digital - Subsequent (Switch $ 20.$ 13.$ 22.$ 22. Feature Group) Exchange - Complex Non-Digital - Changeover (As Is)$ 22.$ 17. Exchange - Complex Non-Digital - Changeover (As Specified)$ 30.$ 21.$ 20. Exchange - Complex Digital - Initial $ 41.$ 27.$205.$ 28. Exchange - Complex Digital - Subsequent (Port Feature)$ 16.44 $ 13.26 Exchange - Complex Digital - Subsequent (Switch Feature $ 20.$ 13.26 $ 22.$ 22. Group) Exchange - Complex Digital - Changeover (As Is)$ 22.$ 17. Exchange - Complex Digital - Changeover (As Specified)$ 30.$ 21.$ 80. Advanced - Complex - Initial $ 48.$ 34.$681.$303. Advanced - Complex - Subsequent $ 20.$ 13.26 $ 65.$ 48.47 Advanced - Complex - Changeover (As Is)$ 24.$ 19.$ 51.$ 34. Advanced - Complex - Changeover (As Specified)$ 37.$ 28.$ 82.$ 64. . . ff.I~I;?QEQIti.~T~Pil~N~F!QR1"(IQT)r~lsoi!pplie!;J. 10 ipnofitnEELarrai1!1~m~ti~);;;nj: . . .. ........ Advanced - Basic(2-wire and 4-wire) - Initial Advanced - Basic (2-wire and 4-wire)- Subsequent Advanced - Complex (DS1 and above) - Initial Advanced - Complex(DS1 and above) - Subsequent $ 58. $584.49 $ 86. . :N.~ Entrance Facility/Dedicated Transport DSO - Initial $ 95.49 Entrance Facility/Dedicated Transport DSO - Subsequent $ 45. Entrance Facility/Dedicated Transport DS1/DS3 - Initial $105. Entrance Facility/Dedicated Transport DS1/DS3 - Subsequent $ 45.Clear Channel Capability N/A $ 63. $ 28. $ 72. $ 28. N/A $390. $ 58. $515. $ 86. $90. 7 These charges are interim and subject to retroactive true back to the Effective Date of this Agreement. ECI 10 Camp v2.186 N/A N/A N/A N/A N/A 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. $ 67.28 $438. N/A N/A N/A N/A N/A N/A N/A Exchange Products N/A N/A Advanced Products $ 25.$ 25.N/A N/A OTHER Customer Record Search (per account)4.21 N/A N/A CLEC Account Establishment (per CLEC)$166.$166.N/A N/A Design Change Charge - EELs and Transport $40.$40.N/A N/A CLEC Splitter Connection - Initial CLEC Splitter Connection - Subsequent $ 32. $ 13. ECI 10 camp v2.187 $ 22. $ 9. $ 53. $ 14.49 $ 47. $ 13. Application of NRCs Preordering: CLEC Account Establishment is a one-time charge applied the first time that ECI orders any service from this Agreement. Customer Record Search applies when ECI 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 LSR/ASR 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 LSR/ASR when engineering work activity is required to complete the order. Exchange ISO applies per LSR/ASR 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 Distribution Standard Sub-Loop Feeder, Drop and NID. Exchange-Complex: Non-loaded Sub-Loop Distribution, Non-load Sub-Loop Feeder, Loop Conditioning, Customized Routing, ISDN BRI Digital Line Side Port and Line Sharing. Advanced-Basic: 2-Wire Digital Loop, 4-Wire Digital Loop Advanced-Complex: DS1 Loop, DS3 Loop, Dark Fiber, EELs, and ISDN PRI Digital 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. ECI 10 camp v2.188 DS1 Clear Channel Capability applies in addition to the ISO, per DS1 for the installation and grooming of DS1 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 - Dark 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 ECI requests service prior to the standard due date intervals and the expedite request can be met by Verizon. Coordinated Conversion applies if ECI requests notification and coordination of service cut-over prior to the service becoming effective. Hot Coordinated Conversion First Hour applies if ECI 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. Design Change Charge applies to EELs & Transport orders for design changes requested by the CLEC. ECI 10 Camp v2.189 IV.Rates and Charges for 911 See State Tariff. ECI 10 Camp v2.190 Collocation Rates Elements Increment Non-Recurrina Prices Engineering Costs Engineering/Major Augment Fee Minor Augment Fee Access Card Administration (New/Replacement) Cage Grounding Bar DC Power NRC / MRC 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 Pull/Termination Engineering per project NRC 76. Facility Cable Pull per cable run NRC 211. Fiber Optic Patchcord Pull per cable run NRC 207. DSO Cable Termination per 100 pair NRC DS1 Cable Termination per 28 pair NRC DS3 Coaxial Cable Termination (Preconnectorized)per termination NRC DS3 Coaxial Cable Termination (Unconnectorized)per termination NRC 11. Fiber Optic Patchcord Termination per termination NRC Fiber Cable Pull Engineering per project NRC 607. Place Innerduct per lin ft NRC Pull Cable per lin ft NRC Cable Fire Retardant per occurrence NRC 42. Fiber Cable Splice Engineering per project NRC 31. Splice Cable per fiber NRC 70. BITS Timing per project NRC 307. Engineering Cable Pull/Termination 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 DSO DS1 DS3 Fiber Optic Patch cord Cable Rack Space - Metallic Cable Rack Space - Fiber per 100 pr per 28 pr per DS3 per connector per cable run per innerduct ft ECI 10 camp v2.191 MRC MRC 14. MRC MRC 201. MRC MRC MRC MRC MRC MRC 16. 11. Fiber Optic Patchcord Duct Space per cable run MRC 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. ECI 10 Camp v2.192 Non-Recurrina Prices Engineering Costs Engineering/Major Augment Fee Minor Augment Fee Access Card Administration (New/Replacement) DC Power Engineering Cable Pull/Termination Ground Wire Overhead Superstructure Facility Cable or Fiber Optic Patchcord Pull/Termination Engineering Facility Pull Fiber Optic Patchcord Pull DSO Cable Termination DS1 Cable Termination DS3 Coaxial Cable Termination (Preconnectorized) DS3 Coaxial Cable Termination (Unconnectorized) Fiber Optic Patchcord Termination Fiber Cable Pull Engineering Place Innerduct Pull Cable Cable Fire Retardant Fiber Cable Splice Engineering Splice Cable BITS Timing Monthly Recurrina Prices Relay Rack Floor Space DC Power Building Modification Environmental Conditioning Facility Termination DSO DS1 DS3 Fiber Optic Patchcord Cable Rack Space - Metallic Cable Rack Space - Fiber Fiber Optic Patch cord Duct Space Manhole Space - Fiber ECI 10 Camp v2.193 per occurrence NRC 129. per occurrence NRC 200. per card NRC 22. per project NRC 75.43 per cable NRC 1341. per wire NRC 18. per project NRC 2,440. per project NRC 76. per cable run NRC 211. per cable run NRC 207. per 100 pair NRC per 28 pair NRC per termination NRC per termination NRC 11. per termination NRC per project NRC 607. per lin ft NRC per lin ft NRC per occurrence NRC 42. per project NRC 31. per fiber NRC 70. per project NRC 307. per lin ft MRC 20. per load amp MRC 14. per request MRC 201. per load amp MRC 2.28 per 100 pr MRC per 28 pr MRC 16. per DS3 MRC 11. per connector MRC per cable run MRC per innerduct ft MRC per cable run MRC per project MRC Elements Subduct Space - Fiber Increment per lin ft Cable Vault Splice Fiber Cable - 48 Fiber Material Fiber Cable - 96 Fiber Material per splice MRC 10. per splice MRC 27. per occurrence MRC 11.BITS Timing ECI 10 Camp v2.194 Increment Non-Recurrina Prices Engineering Fee per occurrence NRC $958. Facility Pull 1 lin ft NRC Facility Termination DSO Cable Connectorized Unconnectorized DS1 Cable Connectorized Unconnectorized DS3 (Coaxial) Cable Connectorized Unconnectorized Fiber per 100 pr NRC per 100 pr NRC 42. per 28 pr NRC per 28 pr NRC 32. per DS3 NRC per DS3 NRC 11. per fiber term NRC 70. Monthlv Recurrina Price Facility Termination DSO DS1 DS3 per 100 pr per 28 pr per coaxial MRC MRC MRC 16. 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 0.01 Space Utilization Cable Rack Space Metallic DSO Metallic DS1 Fiber Coaxial ECI 10 Camp v2.195 Non-Recurrina Prices Engineering Costs Engineering/Major Augment Fee Equipment Installation Software Upgrades Card Installation DC Power Engineering Cable PulifTermination Ground Wire Increment Rate per occurrence NRC 557. per quarter rack NRC 3,474.25 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 Pull/TerminationEngineering per projectFacility Cable Pull per cable run Fiber Optic Patchcord Pull per cable runDSO Cable Termination per 100 pairDS1 Cable Termination per 28 pair DS3 Coaxial Cable Termination per termination (Preconnectorized) DS3 Coaxial Cable Termination (Unconnectorized) Fiber Optic Patchcord Termination Fiber Cable Pull Engineering Place Innerduct Pull Cable Cable Fire Retardant Fiber Cable Splice Engineering Splice Cable BITS Timing Monthly Recurrina Prices Equipment Maintenance DC Power Environmental Conditioning Facility Termination DSO DS1 DS3 Fiber Optic Patchcord Cable Rack Space - Metallic Cable Rack Space - Fiber Fiber Optic Patch cord Duct Space ECIIO Camp v2. 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 lin ft per occurrence per project per fiber per project per quarter rack MRC 82. per load amp MRC 14. per load amp MRC per 100 pr MRC per 28 pr MRC 16. per DS3 MRC 11. per connector MRC per cable run MRC per innerduct ft MRC per cable run MRC 196 Elements Manhole Space - Fiber Subduct Space - Fiber Cable Vault Splice Fiber Cable - 48 Fiber Material Fiber Cable - 96 Fiber Material BITS Timing ECI 10 Camp v2. per splice MRC 10. per splice MRC 27. per occurrence MRC 11. 197 Elements Non-Recurrina Prices Increment Augment Fee Facility Pull Engineering Labor Building Penetration for Microwave Cable Special Work for Microwave per occurrence per project per linear ft per occurrence per occurrence Monthlv Recurrina Prices Rooftop Space per sq ft ECI 10 camp v2.198 NRC 998. NRC NRC NRC NRC 76. 1GB 1GB MRC Non-RecurrinQ 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 ECI 10 Camp v2.199 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, Busi ness Day, Per Technician First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof Overtime, Outside the Business Day First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof Prem.Time,Outside Business Day, Per Tech First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof Cable Material Facility Cable-DSO Cable (Connectorized) 100 pair Facility Cable-DS1 Cable (Connectorized) Facility Cable-DS3 Coaxial Cable Fiber Optic Patch cord - 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 ECI 10 camp v2.200 Increment NRC MRC Rate 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: Enqineerinq/Maior Augment Fee. The Engineering/Major Augment Fee applies for each initial Caged , Cageless, Virtual, or Microwave collocation request and major augment requests for existing Caged , Cageless, and Virtual collocation arrangements. This charge recovers the costs of the initial walkthrough to determine if there is sufficient collocation space, the best location for the collocation area, what building modifications are necessary to provide collocation , and if sufficient DC power facilities exist in the premises to accommodate collocation. This fee also includes the total time for the Building Services Engineer and the time for the Outside Plant and Central Office Engineers to attend status meetings. Enqineerinq/Maior Auqment Fee (Microwave Onlv~The Engineering/Major Augment Fee for Microwave Collocation applies when an existing Caged and Cageless collocation arrangement is augmented with newly installed microwave antennae and other exterior facilities. This charge recovers the costs of the initial walkthrough to determine if there is sufficient space, the best location for the microwave antennae and other exterior facilities, what building modifications are necessary, if any, and if sufficient support facilities exist in the premises to accommodate the microwave antennae and other exterior facilities. This fee also includes the total time for the Building Services Engineer to coordinate the entire project. Minor Auqment Fee. The Minor Augment Fee applies for each minor augment request of an Existing Caged , Cageless, Virtual , or Microwave collocation arrangement that does not require additional AC or DC power systems, HVAC system upgrades, or additional cage space. Minor augments are those requests that require the Company to perform a service or function on behalf of the CLEC including, but not limited to: installation of Virtual equipment cards or software upgrades, removal of Virtual equipment, requests to pull cable from exterior microwave facilities and requests to terminate DSO , DS1 and DS3 cables. Access Card Administration. The Access Card Administration rate covers acti\iities associated with the issuance and management of premises access cards. The rate is applied on a per card basis. Caqe Groundinq Bar.The Cage Grounding Bar rate recovers the material and labor costs to provision a ground bar, including necessary ground wire, in the collocator s cage. BITS Timing. 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 Pull/Termination-Enqineerinq . 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 Distribution Frame block, DSX panel , or fiber distribution panel. The charge would also apply per project to recover the engineering costs of pulling transmission cable from microwave antennae facilities on the rooftop to the collocation cage or relay rack. ECIIO camp v2.201 Facility Pull.The Facility Pull charge is applied per cable run and recovers the labor cost of pulling metallic cable or fiber optic patchcord from the collocation cage or relay rack to the Main Distribution Frame block, DSX panel, or fiber distribution panel. 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 patchcord from the collocation cage or relay rack to the Main Distribution Frame block.. DSX panel, or fiber distribution panel. Fiber Cable Pull-Enqineerinq. The Fiber Cable Pull-Engineering charge is applied per project to cover the engineering costs for pulling the CLEC's fiber cable, when necessary, into Verizon central office. Fiber Cable Pull-Place Innerduct The Fiber Cable Pull-Place Innerduct charge is applied per linear foot to cover the cost of placing innerduct. Innerduct is the split plastic duct placed from the cable vault to the CLEC's equipment area through which the CLEC's fiber cable is pulled. Fiber Cable Pull-Labor.This charge is applied per linear foot and covers the labor costs of pulling the CLEC's fiber cable into Verizon s central office. Fiber Cable Pull-Fire Retardant.This charge is associated with the filling of space around cables extending through walls and between floors with a non-flammable material to prevent fire from spreading from one room or floor to another. Fiber Optic Patchcord Termination . The Fiber Optic Patchcord Termination is applied per fiber cable termination and recovers the labor cost to terminate the fiber optic patchcord cable. Fiber Splice-Enqineerinq. The Fiber Splice-Engineering charge is applied per project and covers the engineering costs for fiber cable splicing projects. Fiber Splice. The Fiber Splice charge is applied per fiber cable spliced and recovers the labor cost associated with the splicing. DC Power. Non-recurring charges for DC Power are applied for each caged, cageless, and virtual collocation application and major DC Power augments to existing arrangements. These charges recover Verizon s engineering and installation costs for pulling and terminating DC power cables to the collocation area. For initial applications , each DC 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. Adiacent 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. Th e labor charges are for an on-site visit, preliminary investigation of the manhole/conduit systems, wire center and property, and contacting other agencies that could impact the provisioning of adjacent collocation. Adjacent Facilitv Pull-Labor. This charge covers the labor of running the interconnection wire (cable) from the main distribution frame connector to a termination block or DSX panel. Adjacent Fiber Cable Termination. This charge covers the labor of terminating fiber cable for adjacent collocation to the main distribution frame block or DSX panel. ECI 10 camp v2.202 Collocation Space Report. 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. Special Work for Microwave. The costs incurred by Verizon for installation of CLEC's microwave antennae and other exterior facilities that are not recovered via other microwave rate elements will be determined and applied on an individual case basis. Virtual Eauipment Installation. The Virtual Equipment Installation charge is applied on a per quarter rack (or quarter bay) basis and recovers the costs incurred by Verizon for engineering and installation of the virtual collocation equipment. This charge would apply to the installation of powered equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24 OC48, and NGDLC. This charge does not apply for the installCltion of splitters. Virtual Software Uparade. The Virtual Software Upgrade charge is applied per base unit when Verizon , upon CLEC request, installs software to upgrade equipment for an existing Virtual Collocation arrangement. Virtual Card Installation. The Virtual Card Installation charge is applied per card when Verizon, upon CLEC request, installs additional cards for an existing Virtual Collocation arrangement. Dedicated Transit Service (DTS) Service Order Charge. Applied per DTS order to the requesting CLEC for recovery of DTS order placement and issuance costs. The manual charge applies when the semi-mechanized ordering interface is not used. Dedicated Transit Service (DTS) - Service Connection CO Wiring. Applied per DTS circuit to the requesting CLEC for recovery of DTS jumper material, wiring, service turn-up for DSO, OS 1 , DS3, and dark fiber circuits. Dedicated Transit Service (DTS) - Service Connection Provisioning. Applied per DTS order to the request CLEC for recovery of circuit design and labor costs associated with the provisioning of DSO OS 1 , DS3, and dark fiber circuits for DTS. ECIIO Camp v2.203 Monthly Recurring Charges The following are monthly charges. Monthly charges apply each month or fraction thereof that Collocation Service is provided. Caaed Floor Space.Caged Floor Space is the cost per square foot to provide environmentally conditioned caged floor space to the CLEC. Environmentally conditioned space is that which has proper humidification and temperature controls to house telecommunications equipment. The cost includes only that which relates directly to the land and building space itself. Relav Rack Floor Space.The Relay Rack Floor Space charge provides for the environmentally conditioned floor space that a relay rack occupies based on linear feet. The standardized relay rack floor space depth is based on half the aisle area in front and back of the rack, and the depth of the equipment that will be placed within the rack. Cable Subduct Space-Manhole. This charge applies per project per month and covers the cost of the space that the outside plant fiber occupies within the manhole. Cable Subduct Space. The Subduct Space charge covers the cost of the subduct space that the outside plant fiber occupies and applies on a per linear foot basis. Fiber Cable Vault Splice.The Fiber Cable Vault Splice charge applies per splice and covers the space and material cost associated with the CLEC's fiber cable splice within Verizon s cable vault. Cable Rack Space-Metallic. The Cable Space-Metallic charge is applied for each DSO , DS1 and DS3 cable run. The charge is designed to recover the space utilization cost that the CLEC' metallic and coaxial cable occupies within Verizon. Cable Rack Space-Fiber. The Cable Rack Space-Fiber charge recovers the space utilization cost that the CLEC's fiber cable occupies within Verizon s cable rack system. Fiber Optic Patchcord Duct Space. The Fiber Optic Duct Space rate element is applied per cable run and recovers the cost for the central office duct space occupied by the fiber optic patchcord cable. DC Power.The DC Power monthly charge is applied on a per 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. Facilitv Termination. This charge is applied per cable terminated. This charge is designed to recover the labor and material costs of the applicable main distribution frame 100 pair circuit block, DSX facility termination panel, or fiber distribution panel. BITS 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. Buildina Modification.The Building Modification monthly charge is applied to each caged and cageless arrangement and is associated with provisioning the following items in Verizon premises: security, dust partition , ventilation ducts, demolition/site work, lighting, outlets, and grounding equipment. Environmental Conditionina. 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 ECI 10 camp v2.204 CLEC's DC 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 Space. The Adjacent Cable Vault Space charge covers the cost of the space the CLEC's cable occupies within the cable vault. The charge is based on the diameter of the cable or subduct. Adjacent Cable Rack Space. This charge covers the space utilization cost that the CLEC's fiber metallic or coaxial cable occupies within the cable rack system. The charge is based on the linear feet occupied. Microwave Rooftop Space. Microwave Rooftop Space is the cost per square foot to provide rooftop space to the CLEC for microwave antennae and other exterior facilities. The cost includes only that which relates directly to the land and building space itself. Virtual Equipment Maintenance. The Virtual Equipment Maintenance charge is applied on a per quarter rack (or quarter bay) basis and recovers the costs incurred by the Company for maintenance of the CLEC's virtual collocation equipment. This charge would apply to the maintenance of equipment including, but not limited to, ATM, DSLAM , frame relay, routers, OC3, OC12, OC24 OC48, and NGDLC. This charge does not apply for the maintenance of splitters. ECI 10 camp v2.205 EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION ATTACHMENT Technical Specifications and Requirements for ECI - Verizon Northwest Inc. Fiber Meet Arrangement No. (XX) The following technical specifications and requirements will apply to ECI - Verizon Northwest 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 ECl's (NAME OF SWITCH/WIRE CENTER/CENTRAL OFFICE) in the State of Idaho. A diagram of FM No. (XX) is included as Exhibit A- ECI 10 Camp v2. 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 Device ("FNID") at (POLE XX STREET YY, TOWN ZZ, STATE) and terminate L-J strands of its fiber optic cable in the FNID. The FNID provisioned by Verizon will be a (MANUFACTURER, MODEL). Verizon will bear the cost of installing and maintaining its FNID. The fiber patch panel within Verizon s FNID will serve as FMP No.1. Verizon will provide a fiber stub at the fiber patch panel in Verizon FNID for ECI to connect L-J strands of its fiber cable L-J connectors. Verizon s FNID will be locked, but Verizon and ECI will have 24 hour access to their respective side of the fiber patch panel located in Verizon s FNID. ECI will provision a FNID at (POLE XX, STREET YY, TOWN ZZ, STA TE) and terminate L-J strands of its fiber optic cable in the FNID. The FNID provisioned by ECI will be a (MANUFACTURER, MODEL). ECI will bear the cost of installing and maintaining its FNID. The fiber patch panel within ECI's FNID will serve as FMP No.2. ECI will provide a fiber stub at the fiber patch panel in ECI's FNID for Verizon to connect L-J strands of its fiber cable. ECl's FNID will be locked , but ECI and Verizon will have 24 hour access to their respective side of the fiber patch panel located in ECl's FNID. 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")). 206 3.4 Terminating equipment shall comply with (SONET transmission requirements as specified in Telcordia Technologies document GR-253 CORE (Tables 4-3 through 4-11)J. The optical transmitters and receivers shall provide adequate power for the en~ 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). Add Drop Multiplexer Verizon and ECI shall provide (Primary Reference Source traceable timing). 4.4 Testing Verizon will, at its own cost, obtain and install (at its own premise) its own Add Drop Multiplexer. Verizon will use a (MANUFACTURER, MODEL) Add Drop Multiplexer with firmware release of (X.X) at the network level. Before making any upgrade or change to the firmware of its Add Drop Multiplexer, Verizon must provide ECI 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 Drop Multiplexer. ECI will, at its own cost, obtain and install (at its own premise) its own Add Drop Multiplexer. ECI will use a (MANUFACTURER, MODEL) Add Drop Multiplexer with firmware release of (XX) at the network level. Before making any upgrade or change to the firmware of its Add Drop Multiplexer, ECI 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 ECl's Add Drop Multiplexer. ECI 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 Drop Multiplexer and will revert to the previous version of firmware. The Data Communication Channel shall be disabled between the Verizon and ECI Add Drop Multiplexers of FM No. (XX). Prior to turn-up of FM No. (XX), Verizon and ECI will mutually develop and implement testing procedures for FM No. (XX) Connectina Facilitv Assianment ("CFA") and Slot Assianment Allocation ("SAA" ECI 10 Camp v2. For one-way and two-way trunk arrangements, the SAA information will be turned over to ECI 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 ECI will control the CFA for the subtending facilities and trunks connected to ECl's slots. ECI will place facility orders against the first half of the fully configured slots (for example, slots 6 of a fully configured OC12) and Verizon will place orders against the second 207 ECIIO Camp v2. half of the slots (for example, slots 7-12). If either Party needs the other Party additional slot capacity to place orders, this will be negotiated and assigned on a case-by-case basis. For SAA, Verizon and ECI shall jointly designate the slot assignments for Verizon s Add Drop Multiplexers and ECl's Add Drop Multiplexer in FM No. (XX). For two-way trunk arrangements, ECI shall control the CFA for the subtending facilities and trunks connected to FM No. (XX). ECI shall place facility and trunk orders against the total available SAA capacity of FM No. (XX). Inventorv. Provisioninq and Maintenance. Surveillance. and Restoration Verizon and ECI will inventory FM No. (XX) in their operational support systems before the order flow begins. Verizon and ECI 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 deli\ering its applicable traffic to the FMPs. ECI will be responsible for the provisioning and maintenance of the FM No. (XX) transport facilities on the ECl'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 ECI will provide alarm surveillance for their respective FM No. (XX) transport facilities. Verizon and ECI 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 and/or 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 and/or 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. 208 ERNEST COMMUNICATIONS, INC.VERIZON NORTHWEST INC. By: TO BE EXECUTED AT A LATER DATE Date ECIIO Camp v2.209 ECI 10 Camp v2. Exhibit ECI - Verizon Northwest Inc. Fiber Meet Arrangement No. (XX) City, State 210