20111019Application.pdf

REC.¡:i\i! "'~ i S~ C L- k~~~~ entury in ™.CENTURYLINK
1600 7th Avenue, Room 1506
Seattle, Washington 98191
[phone]Facsimile [phone]
LOLL OCT' 9 AM 9= 30
Maura E. Peterson
Paralegal
Regulatory Law
UTI
Via Overnight delivery
October 18, 2011 NEW E
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Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. ex W ~ - T - \ \- Ua
Application for Approval of Interconnection Agreement
Infiniti Security
Dear Ms. Jewell:
Enclosed for filing is an original and three copies of the Application for Approval of an
Interconnection Agreement between Qwest Corporation d//a CenturyLink QC
("CenturyLink") and Infinity Securty. CenturyLink respectfully requests that this matter be
placed on the Commission Decision Meeting Agenda for expedited approvaL.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in thi atter.
MEP:ldj
cc: Service list
.ww.centurylink.com
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Lisa A Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Lisa.anderl (Qcenturylink.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION D/B/A CENTURYLINK
FOR APPROVAL OF THE
INTERCONNECTION AGREEMENT
FOR THE STATE OF IDAHO PURSUANT
TO 47 U.S.c. §252(e)
CASE NO.:
APPLICATION FOR APPROVAL OF
INTERCONNCTION
Qwest Corporation d/b/a CenturyLink ("CenturyLink") hereby files this Application for
Approval of Interconnection Agreement ("Agreement"). The Agreement with Infiniti Security
("Infiniti") is submitted herewith.
This Agreement was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement
reached through voluntary negotiations only if the Commission finds that: the agreement (or
portiones) thereof) discriminates against a telecommunications carer not a pary to this
agreement; or the implementation of such an agreement (or portion) is not consistent with the
public interest, convenience and necessity.
CenturyLink respectfully submits that this Agreement provides no basis for either of
these findings, and, therefore requests that the Commssion approve this Agreement
expeditiously. This Agreement is consistent with the public interest as identified in the pro-
competitive policies of the State of Idaho, the Commission, the United States Congress, and the
Federal Communications Commission. Expeditious approval of this Agreement wil enable
APPLICATION FOR APPRO V AL OF INTERCONNCTION AGREEMENT -
INFINITI INTERCONNECTION AGREEMENT
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Infiniti to interconnect with CenturyLink facilities and to provide customers with increased
choices among local telecommunications services.
CenturyLink further requests that the Commission approve this Agreement without a
hearing. Because this Agreement was reached through voluntary negotiations, it does not raise
issues requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this L day of October, 201 ~/
1U~I d -r~~.-
Lisa A. Ande
Attorney for CenturyLink
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT-
INFINITI INTERCONNECTION AGREEMENT
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CERTIFICATE OF SERVICE
I hereby certify that on this _ day of October, 2011, I served the foregoing
APPLICATION FOR APPROVAL OF INTERCONNCTION AGREEMENT upon all
parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
j jewell (Qpuc.state.id. us
Hand Delivery
U. S. Mail
_X_ Overnight Delivery
Facsimile
Email
Brandon Clyde
Infiniti Security
909 3rd Street South
Nampa, il 83651
Hand Delivery
-l u. S. Mail
Overnight Delivery
Facsimile
Email
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Leslie Johnson, Legal Assistant
APPLICATION FOR APPROVAL OF INTERCONNCTION AGREEMENT -
INFINITI INTERCONNCTION AGREEMENT
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CenturyLink'".AGREEMENT REQUEST FORM . QwST TERRITORIES
This document indictes a fo an agreement with CenturyLink and its Affiates. Befor anyagrement can be imp/erne carrr needs to obtain any certictions reuired by the state~s
commison, and complete al uryLink reuired doumentati.
Mor information can be found at.
Email completed form to:
, 1
ited (mmlddly)
.Carer's Cosultant (if any)
emal address
ext_
Consultant's phone number Consultnt's
Complete Address (to be included in the agreement; u
aryContact
Name
Titl
Company
Stee
City, State, Zip
Part who will sign agreement on behalf of Carrer:
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Agreement Reques For 5-27-2011 - Qwt Terrories 1
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CenturyLink"".
CLEC Wireline Intrcnecn, Collocation & Resale
Wirelèss Intercnnection
Resale only"
o Adopton (describe)
o Commeial (desbe)
o Oter (describe)
will be proviing to you .customers? (brief
Do you have any exisng intercnnecon agreements wit CenturyUnk? ,41) Qwest?
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The Interconneon Nlgotatotl Template Agrement-
The Negotiations Template Qwest's curreit 0availab fo yoyr review a the Qwst Intercnneon Agreeent It is
site:
Use the "tabs" on the left side øf th page - ..
As) and other exhibits are listed by state below
te" to review Agreement. Rates (exhibit
teo
To request Interconnection Agrents - thre are three (3) optons you could explore:
Opn 1. The Negotiation Template fo Wireline our latest offngs to CLECs;including te conditons, rates, and producl & se Links" on the right side of the
web page . tìons Template" to review the Agrememt. Rates (exhibit As) and oter exhibits are
listed by state w the Negotiatis Template. The entire Agreement wil consist of the Agreement and
Exhibits A through K pe state.
Option 2. Adpton - This opton allow the adopn of the terms and conditions of any existing approve
available agreemenUn a state. (i will provide a list of Agreements that would be available fo Adoption
upon your reuest.)
Opt 3. tiations - This option use the Negotiations Template Agreement as a ba startng pont
and through egations proce an agreement would be developed. If you set this option -
please downloa the neg e agreement and mark it with ct you would like tonegofjte. Email the marked me along wit the and i wíl set up a
neotitions schedule.
Which option would you like for your Agreement \\
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Agreement Request Form 5-21-2011 - Owet Tertories 2
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CenturyLink'"
. ØQyOUWåot thePêtforranæÃSumoæ pian (PAP)-Exhibitlf,? .. _ yes 'J~ö
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For Wireline Interconnecon, prior to preparing an Agreement for signature, Sections 7.3 -7.6 of
the agrement nees to be reviewed for copletion of Section J with your choice. Reciprocl
Compensation applies to locl traffc only and only if CLEC has their own switch.
Qwst also offers an agreement which contains terms for recpJlcal compensation using a bil
and keep method (with this method, neither part would bil the other for local GallS terminating
to the other party)Optn 1 - FCC Rate Option 2 - State Rae
Option 3 - Bill and Keep - this option is for CLEC in new market andor existig CLEC whos
trafc is within the 60/40 percnt parameters or low in volvme - and requires changes to the
Template adding Bil and Keep langWie.
and/or legacy Owt (a) seic
servic af agreement nes to coer.
. To seure your unique Ac Customer Name Abbreviaton (ACNA) conta-
Agrement Request Form 5-27-2011 - Qw Terrtories .3
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INTERCONNECTION AGREEMENT
TERMS AND CONDITIONS FOR INTERCONNECTION,
UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVICES,
AND RESALE OF TELECOMMUNICATIONS SERVICES
BETWEEN
QWEST CORPORATION DBA CENTURYLINK QC
AND
INFINITI SECURITY
FOR THE STATE OF IDAHO
.AGREEMENT NUMBER
CDS.110902.0001
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TABLE OF CONTENTS
SECTION 1.0 - GENERAL TERMS......................................................... ........................1
SECTION 2.0 -INTERPRETATION AND CONSTRUCTION ..........................................2
SECTION 3.0 - CLEC INFORMATION............................................................................4
SECTION 4.0 - DEFINITIONS..... .......... .......................................................................... 6
SECTION 5.0 - TERMS AND CONDITIONS.... ........ ...... ...... .................... ..................... 28
5.1 GENERAL PROViSiONS................... ........... ........ .................. ........... ......... ..........28
5.2 TERM OF AGREEMENT...................................................................................... 29
5.3 PROOF OF AUTHORIZATION............................................................................... 29
5.4 PAyMENT......................................................................................................... 30
5.5 TAXES............................................................................................................. 32
5.6 INSURANCE...................................................................................................... 33
5.7 FORCE MAJEURE............................................................................................. 33
5.8 LIMITATION OF LIABILITY ...................................................................................34
5.9 INDEMNITY ..... ... ..... ... ........ .............. ......................................... ........................34
5.10 INTELLECTUAL PROPERTY.................................................................................36
5.11 WARRANTIES ...................................................................................................38
5.12 ASSiGNMENT.................................................................................................... 38
5.13 DEFAULT .........................................................................................................39
5.14 DISCLAIMER OF AGENCy................................................................................... 39
5.15 SEVERABILITY.................................................................................................. 39
5.16 NONDiSCLOSURE.................................................................... .........................40
5.17 SURVIVAL ........................................................................................................42
5.18 DISPUTE RESOLUTION......................................................... ............................. 42
5.19 CONTROLLING LAW.......................................................................................... 43
5.20 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION ....................................43
5.21 NOTiCES..........................................................................................................44
5.22 RESPONSIBILITY OF EACH PARTY .......................... ......................... ................... 44
5.23 No THIRD PARTY BENEFICIARIES ..................................... ...................... ........... 44
5.24 INTENTIONALLY LEFT BLANK ...:......................................................................... 45
5.25 PUBLICITY ........................................................................................................ 45
5.26 EXECUTED !N COUNTERPARTS.......................................................................... 45
5.27 COMPLIANCE................................... ............. ...... ...................................... ... .....45
5.28 COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW
ENFORCEMENT ACT OF 1994......................................"..................................... 45
5.29 COOPERATION .................................................................................................45
5.30 AMENDMENTS.................................................................................................. 45
5.31 ENTIRE AGREEMENT.........................................................................................46
SECTION 6.0 - RESALE ..............................................................................................47
6.1 DESCRIPTION ................................................................................................... 47
6.2 TERMS AND CONDITIONS ................. ................................................................. 47
6.3 RATES AND CHARGES.......................................................................................52
6.4 ORDERING PROCESS........................................................................................ 53
6.5 BILLING. ....... ................................... .... ............. .... ........ ....................................55
6.6 MAINTENANCE AND REPAIR............................................................................... 55
6.7 COMMINGLING OF RESOLD SERVICES WITH UNBUNDLED NETWORK
ELEMENTS AND COMBINATIONS OF UNBUNDLED NETWORK ELEMENTS ................ 55
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TABLE OF CONTENTS
SECTION 7.0 -INTERCONNECTION:.........................................................................56
7.1 INTERCONNECTION FACILITY OPTIONS...............................................................56
7.2 EXCHANGE OF TRAFFIC ....................................................................................57
7.3 INTERCARRIER COMPENSAfíON.....................................,...................................66
7.4 ORDERING .......................................................................................................72
7.5 JOINTLY PROVIDED SWITCHED ACCESS SERVICES ............................................. 73
7.6 TRANSIT RECORDS...........................................................................................74
7.7 LOCAL INTERCONNECTION DATA EXCHANGE FOR BILLING................................... 74
SECTION 8.0 - COLLOCATION....................................................................................76
8.1 DEscRiPTioN................................................................................................... 76
8.2 TERMS AND CONDITIONS.................................................................................. 78
8.3 RATE ELEMENTS ................... ....................... .......... ............................... ......... 111
8.4 ORDERING..................................................................................................... 122
8.5 BILLING................. ............................... .............. ............................ ................ 137
8.6 MAINTENANCE AND REPAIR............................................................................. 138
SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS.............................................. 141
9.1 GENERAL TERMS............................................................................................141
9.2 UNBUNDLED Loops........................................................................................154
9.3 SUBLOOP UNBUNDLING.................................................................................. 173
9.4 INTENTIONALLY LEFT BLANK........................................................................... 184
9.5 NETWORK INTERFACE DEVICE (NID) ................................... ...... ...................... 184
9.6 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT) ..............................187
9.7 UNBUNDLED DARK FIBER................................................................................192
9.8 INTENTIONALLY LEFT BLANK .. ........................... ...... .......................... ..... ..........201
9.9 INTENTIONALLY LEFT BLANK.. .................... ...... ...... ............................... ..........201
9.1 0 INTENTIONALLY LEFT BLANK........................................................................... 201
9.11 INTENTIONALLY LEFT BLANK ................ ............... .......................... ..................201
9.12 INTENTIONALLY LEFT BLANK........................................................................... 201
9.13 INTENTIONALLY LEFT BLANK ..........................................................................:201
9.14 INTENTIONALLY LEFT BLANK........................................................................... 201
9.15 INTENTIONALLY LEFT BLANK........................................................................... 201
9.16 INTENTIONALLY LEFT BLANK........................................................................... 201
9.17 INTENTIONALLY LEFT BLANK ........................................................................... 201
9.18 ADDITIONAL UNBUNDLED ELEMENTS...................................................... ......... 201
9.19 CONSTRUCTION CHARGES.............................................................................. 201
9.20 INTENTIONALLY LEFT BLANK .......... ...... .................... ............... ........................203
9.21 LINE SPLITTING.............................................................................................. 203
9.22 INTENTIONALLY LEFT BLANK ...... ....................................... ..............................207
9.23 UNBUNDLED NETWORK ELEMENT COMBINATIONS .............. ..............................207
9.24 Loop SPLITTING.............................................................................................216
9.25 Loop-Mux COMBINATION (LMC) ....................................................................219
SECTION 10.0 - ANCILLARY SERViCES.................................................................. 223
10.1 INTERIM NUMBER PORTABILITY ........................ ....................... ........................223
10.2 LOCALNuMBER PORTABILITY.......... .......................... .............. ........................230
10.3 911/E911 SERVICE ........................................................................................237
10.4 WHITE PAGES DIRECTORY LISTINGS SERViCE...... .............. ..............................242
10.5 DIRECTORY ASSISTANCE SERVICE ..... ............................ ... ............... ...............246
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TABLE OF CONTENTS
10.6 DIRECTORY ASSISTANCE LIST........ ..................... ........ ........................ ............250 .
10.7 Toii AND ASSISTANCE OPERATOR SERViCES...........................................;...... 254
10.8 ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAy........................... 259
SECTION 11.0 - NETWORK SECURITY .................................................................... 274
SECTION 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)............280
12.1 DEscRiPTION................................................................................................. 280
12.2 OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROViSiONING................. 280
12.3 MAINTENANCE AND REPAIR............................................................................. 292
SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS..... ........... ............................ 303
SECTION 14.0 - LOCAL DIALING PARITy.............. .................... ...............................304
SECTION 15.0 - CENTURYLlNK'S OFFICIAL DIRECTORY PUBLISHER ............. ....305
SECTION 16.0 - REFERRAL ANNOUNCEMENT ............. ............... ...................... .....306
SECTION 17.0 - BONA FIDE REQUEST PROCESS........ .............. ...... ................. ..... 307
SECTION 18.0 - AUDIT PROCESS ........ ................. .................. ..................... ............310
SECTION 19.0 - CONSTRUCTION CHARGES ..................... ..................................... 313
SECTION 20.0 - SERVICE PERFORMANCE ............................................................. 314
SECTION 21.0 - NETWORK STANDARDS .......... ....................... ......... .............. ........ 315
SECTION 22.0 - SIGNATURE PAGE..........................................................................318
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TABLE OF CONTENTS FOR EXHIBITS
EXHIBIT A Rates
EXHIBIT B Service Performance Indicators
EXHIBIT C Service Interval Tables
EXHIBIT D CenturyLink Right of Way, Pole Attachment and/or Innerduct Occupancy General
Information Document
EXHIBIT E
EXHIBIT F
EXHIBITG
EXHIBITH
EXHIBIT I
EXHIBIT J
EXHIBIT K
Intentionally Left Blank
Special Request Process
Intentionally Left Blank
Calculation of the Relative Use Factor (RUF)
Individual Case Basis (ICB)
Election of Reciprocal Compensation Option
Performance Assurance Plan - Intentionally Left Blank
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Section 1
General Terms
Section 1.0 . GENERAL TERMS
1.1 This Agreement for Interconnection, Unbundled Network Elements, ancilary services,
and resale of Telecommunications Services is between Owest Corporation dba CenturyLink QC
("CenturyLink"), a Colorado corporation, and Infiniti Security ("CLEC"), an Idaho corporation,
pursuant to Section 252(f) of the Telecommunications Act of 1996, for purposes of fulfiling
CenturyLink's obligations under Sections 222, 251(a), (b), and (c), 252, and other relevant
provisions of the Act and the rules and regulations promulgated there under.
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1.2 Intentionally Left Blank.
1.3 This Agreement sets forth the terms, conditions and pricing under which CenturyLink
wil provide to CLEC network Interconnection, access to Unbundled Network Elements, ancilary
services, and Telecommunications Services available for resale within the geographical areas in
which CenturyLink is providing local Exchange Service at that time, and for which CenturyLink is
the incumbent Local Exchange Carrier within the State of Idaho, for purposes of providing local
Telecommunications Services.
1.4 Intentionally Left Blank.
1.5 Intentionally Left Blank.
1.6 Intentionally Left Blank.
1.7 Intentionally Left Blank.
1.8 With respect to the terms and provisions of this Agreement, CenturyLink has .
negotiated the Agreement in its entirety, and the inclusion of any particular provision, or rate,
term and condition, is not evidence of the reasonableness thereof when considered apart from
all other provisions of the Agreement.
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Section 2
Interpretation and Construction
Section 2.0. INTERPRETATION AND CONSTRUCTION
2.1 This Agreement includes this Agreement and all Exhibits appended hereto, each of
which is hereby incorporated by reference in this Agreement and made a part hereof. All
references to Sections and Exhibits shall be deemed to be references to Sections of, and
Exhibits to, this Agreement unless the context shall otherwise require. The headings and
numbering of Sections and Exhibits used in this Agreement are for convenience only and wil
not be construed to define or limit any of the terms in this Agreement or affect the meaning and
interpretation of this Agreement. Unless the context shall otherwise require, any reference to
any statute, regulation, rule, Tariff, technical reference, technical publication, or any publication
of Telecommunications industry administrative or technical standards, shall be deemed to be a
reference to the most recent version or edition (including any amendments, supplements,
addenda, or successor) of that statute, regulation, rule, Tariff, technical reference, technical
publication, or any publication of Telecommunications industry administrative or technical
standards that is in effect. Provided however, that nothing in this Section 2.1 shall be deemed
or considered to limit or amend the provisions of Section 2.2. In the event a change in a law,
rule, regulation or interpretation thereof would materially change this Agreement, the terms of
Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change,
any reference in this Agreement to such law, rule, regulation or interpretation thereof wil be to
such law, rule, regulation or interpretation thereof in effect immediately prior to such. change
until the processes set forth in Section 2.2 are implemented. The existing configuration of either
Party's network may not be in compliance with the latest release of technical references,
technical publications, or publications of Telecommunications industry administrative or
technical standards.
2.2 The provisions in this Agreement are intended to be in compliance with and based on
the existing state of the law, rules, regulations and interpretations thereof, including but not
limited to state and federal rules, regulations, and laws as of March 11, 2005 (the Existing
Rules). Nothing in this Agreement shall be deemed an admission by CenturyLink or CLEC
concerning the interpretation or effect of the Existing Rules or an admission by CenturyLink or
CLEC that the Existing Rules should not be changed, vacated, dismissed, stayed or modified.
Nothing in this Agreement shall preclude or estop CenturyLink or CLEC from taking any position
in any forum concerning the proper interpretation or effect of the Existing Rules or concerning
whether the Existing Rules should be changed, vacated, dismissed, stayed or modified. To the
extent that the Existing Rules are vacated, dismissed, stayed or materially changed or modifed,
then this Agreement shall be amended to reflect such legally binding modification or change of
the Existing Rules. Where the Parties fail to agree upon such an amendment within sixt (60)
Days after notification from a Party seeking amendment due to a modification or change of the
Existing Rules or if any time during such sixty (60) Day period the Parties shall have ceased to
negotiate such new terms for a continuous period of fifteen (15) Days, it shall be resolved in
accordance with the Dispute Resolution provision of this Agreement. It is expressly understood
that this Agreement will be corrected, or if requested by CLEC, amended as set forth in this
Section 2.2, to reflect the outcome of generic proceedings by the Commission for pricing,
service standards, or other matters covered by this Agreement. Rates in Exhibit A wil reflect
legally binding decisions of the Commission and shall be applied on a prospective basis from
the effective date of the legally binding Commission decision, unless otherwise ordered by the
Commission. Where a Party provides notice to the other Party within thirty (30) Days of the
effective date of an order issuing a legally binding change, any resulting amendment shall be
deemed effective on the effective date of the legally binding change or modification of the
Existing Rules for rates, and to the extent practicable for other terms and conditions, unless
otherwise ordered. In the event neither Party provides notice within thirt (30) Days, the
September6, 2011/mms/lnfiniti Security/lD/CDS-110902-0001
CenturyLink Fourteen State Negotiations Template - (v8-8-11)2
Section 2
Interpretation and Construction
effective date of the legally binding change shall be the Effective Date of the amendment unless
the Parties agree to a different date. During the pendency of any negotiation for an amendment .
pursuant to this Section 2.2 the Parties shall continue to perform their obligations in accordance
with the terms and conditions of this Agreement, for up to sixty (60) Days. For purposes of this
section, "legally binding" means that the legal ruling has not been stayed, no request for a stay
is pending, and any deadline for requesting a stay designated by statute or regulation, has
passed.
2.2.1 In addition to, but not in limitation of, Section 2.2 above, nothing in this
Agreement shall be deemed an admission by CenturyLink or CLEC concerning the
interpretation or effect of any rule, regulation, statute, or interpretations thereof, including
but not limited to the FCC's Triennial Review Order and/or its Triennial Review Remand
Order and state rules, regulations, and laws as they may be issued or promulgated.
Nothing in this Agreement shall preclude or estop CenturyLink or CLEC from taking any
position in any forum concerning the proper interpretation or effect of any rule,
regulation, or statute, or concerning whether the foregoing should be changed, vacated,
dismissed, stayed or modified.
2.3 Unless otherwise specifically determined by the Commission, in cases of conflct
between this Agreement and CenturyLink's Tariffs, PCAT, methods and procedures, technical
publications, policies, product notifications or other CenturyLink documentation relating to
CenturyLink's or CLEC's rights or obligations under this Agreement, then the rates, terms, and
conditions of this Agreement shall prevaiL. To the extent another document abridges or expands
the rights or obligations of either Party under this Agreement, the rates, terms and conditions of
this Agreement shall prevaiL..
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Section 3
CLEC Information
Section 3.0 . CLEC INFORMATION
3.1 Except as otherwise required by law, CenturyLink wil not provide or establish
Interconnection, Unbundled Network Elements, ancilary services and/or resale of
Telecommunications Services in accordance with the terms and conditions of this Agreement
prior to CLEC's execution of this Agreement. The Parties shall complete CenturyLink's "New
Customer Questionnaire," as it applies to CLEC's obtaining of Interconnection, Unbundled
Network Elements, ancilary services, and/or resale of Telecommunications Services hereunder.
3.2 Prior to placing any orders for services under this Agreement, the Parties wil jointly
complete the following sections of CenturyLink's "New Customer Questionnaire:"
General Information
Biling and Collection (Section 1)
Credit Information
Billng Information
Summary Billng
OSS and Network Outage Notification Contact Information
System Administration Contact Information
Ordering Information for LIS Trunks, Collocation, and Associated Products (if CLEC
plans to order these services)
Design Layout Request - LIS Trunking and Unbundled Loop (if CLEC plans to order
these services)
3.2.1 The remainder of this questionnaire must be completed within two (2) weeks of
completing the initial portion of the questionnaire. This questionnaire wil be used to:
Determine geographical requirements;
Identify CLEC identification codes;
Determine CenturyLink system requirements to support CLEC's specific activity;
Collect credit information;
Obtain Biling information;
Create summary bils;
Establish input and output requirements;
Create and distribute CenturyLink and CLEC contact lists; and
Identify CLEC hours and holidays.
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Section 3
CLEC Information
3.2.2 CLECs that have previously completed a Questionnaire need not fill out a New
Customer Questionnaire; however, CLEC wil update its New Customer Questionnaire .
with any changes in the required information that have occurred and communicate those
changes to CenturyLink. Before placing an order for a new product, CLEC will need to
complete the relevant New Product Questionnaire and amend this Agreement.
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Section 4
Definitions
Section 4.0 . DEFINITIONS
"Access Service Request" or "ASR" means the industry guideline forms and supporting
documentation used for ordering Access Services. The ASR wil be used to order trunking and
facilties between CLEC and CenturyLink for Local Interconnection Service.
"Access Services" refers to the interstate and intrastate switched access and private line
transport services offered for the origination and/or termination of interexchange traffc.
"Access Tandem Switch" is a Switch used to connect End Offce Switches to interexchange
Carrier Switches. CenturyLink's Access Tandem Switches are also used to connect and switch
traffic between and among Central Offce Switches within the same LATA and may be used for
the exchange of local traffic.
"Act" means the Communications Act of 1934 (47 U.S.C. § 151 et. seq.), as amended and as
from time to time interpreted in the duly authorized rules and regulations of the FCC or the
Commission.
"Advanced Services" refers to high speed, switched, broadband, wireline Telecommunications
capability that enables users to originate and receive high-quality, voice, data, graphics or video
Telecommunications using any technology.
"Affilate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with, another person. For purposes of this paragraph,
the term 'own' means to own an equity interest (or the equivalent thereof) of more than 10
. percent.
"AMI T1" is a transmission system sometimes used on loops to transmit DS1 signals (1.544
Mbps) using Alternate Mark Inversion (AMI) line code.
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"Applicable Law" means all laws, statutes, common law, ordinances, codes, rules, guidelines,
orders, permits and approval of any governmental regulations, including, but not limited to, the
Act, the regulations, rules, and final orders of the FCC and the Commission, and any final
orders and decisions of a court of competent jurisdiction reviewing the regulations, rules, or
orders of the FCC or the Commission.
"Application Date" or "APP" means the date CLEC provides CenturyLink an application for
service containing required information as set forth in this Agreement.
"ATIS" or "Allance for Telecommunications Industry Solutions" is a North American
telecommunication industry standards forum which, through its committees and working groups,
creates, and publishes standards and guidelines designed to enable interoperability and
Interconnection for Telecommunications products and services. ATIS Standards and
Guidelines, as well as the standards of other industry fora, are referenced herein.
"Automated Message Accounting" or "AMA" is the structure inherent in Switch technology that
initially records telecommunication message information. AMA format is contained in the AMA
document, published by Telcordia Technologies, or its successors, as GR-11 DO-CORE which
defines the industry standard for message recording.
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Section 4
Definitions
"Automatic Location Identification" or "ALI" is the automatic display at the Public Safety
Answering Point (PSAP) of the caller's telephone number, the address/location of the telephone .
and supplementary emergency services information for Enhanced 911 (E911).
"Automatic Location Identification/Database Management System" or "ALI/DBMS" is an
Enhanced 911/ (E911) database containing End User Customer location information (including
name, service address, telephone number, and sometimes special information from the local
service provider) used to determine to which Public Safety Answering Point (PSAP) to route the
call and used by the PSAP for emergency call handling (Le., dispatch of emergency aid).
"Automatic Location Identification Gateway" or "ALI Gateway" is a computer facility into which
CLEC delivers Automatic Location Identification (ALI) data for CLEC Customers. Access to the
ALI Gateway wil be via a dial-up modem using a common protocol.
"Automatic Number Identification" or "ANI" is the Biling telephone number associated with the
access line from which a call originates. ANI and Callng Party Number (CPN) usually are the
same number.
"Automatic Route Selection" or "ARS" is a service feature that provides for automatic selection
of the least expensive or most appropriate transmission facility for each call based on criteria
programmed into a circuit Switch routing table or system.
"Basic Exchange Telecommunications Service" means, unless otherwise defined in
Commission rules and then it shall have the meaning set forth therein, a service offered to End
User Customers which provides the End User Customer with a telephonic connection to, and a
unique local telephone number address on, the public switched telecommunications network, .
and which enables such End User Customer to generally place calls to, or receive calls from,
other stations on the public switched telecommunications network. Basic residence and
business line services are Basic Exchange Telecommunications Services. As used solely in the
context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications
Service includes access to ancilary services such as 911, directory assistance and operator
services.
"Bil Date" means the date on which a Billng period ends, as identified on the bilL.
"Billng" involves the provision of appropriate usage data by one Telecommunications Carrier to
another to facilitate Customer Biling with attendant acknowledgments and status reports. It
also involves the exchange of information between Telecommunications Carriers to process
claims and adjustments.
"Binder Groups" mean the sub-units of a cable, usually in groups of 25, 50 or 100 color-coded
twisted pairs wrapped in colored tape within a cable.
"Bona Fide Request" or "BFR" shall have the meaning set forth in Section 17.
"Bridged Tap" means the unused sections of a twisted pair subtending the Loop between the
End User Customer and the Serving Wire Center or extending beyond the End User Customer's
location.
"Business Line" means a CenturyLink -owned switched access line used to serve a business
customer, whether by CenturyLink itself or by CLEC that leases the line from CenturyLink. The .
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Section 4
Definitions.number of Business Lines in a Wire Center shall equal the sum of all CenturyLink business
switched access lines, plus the sum of all UNE loops connected to that Wire Center, including
UNE loops provisioned in combination with other unbundled elements. Among these
requirements, Business Line talles (1) shall include only those access lines connecting End
User Customers with CenturyLink end-offces for switched services; (2) shall not include non-
switched special access lines; and (3) shall account for ISDN and other digital access lines by
counting each 64 kbps-equivalent as one line. For example, a DS1 line corresponds to twenty-
four (24) 64 kbps-equivalents, and therefore to twenty-four (24) Business Lines.
"Busy Line Verify/Busy Line Interrupt" or "BLV/BLI Traffic" means a call to an operator service in
which the caller inquires as to the busy status of or requests an interruption of a call on another
End User Customer's Basic Exchange Telecommunications Service line.
"Calling Party Number" or "CPN" is a Common Channel Signaling (CCS) parameter which
refers to the ten digit number transmitted through a network identifying the callng party.
Reference CenturyLink Technical Publication 77342.
"Carrier" or "Common Carrier" See Telecommunications Carrier.
"Carrier Liaison Committee" or "CLC" is under the auspices of ATIS and is the executive
oversight committee that provides direction as well as an appeals process to its subtending fora,
the Network Interconnection Interoperability Forum (NIIF), the Ordering and Billng Forum
(OBF), the Industry Numbering Committee (INC), and the Toll Fraud Prevention Committee
(TFPC). On occasion, the CLC commissions ad hoc committees when issues do not have a
logical home in one of the subtending forums. OBF and Network Installation and Maintenance
. Committee (NIMC) publish business process rules for their respective areas of concern.
"Central Ofiçe" means a building or a space within a building where transmission facilities or
circuits are connected or switched.
"Central Office Switch" means a Switch used to provide Telecommunications Services,
including, but not limited to:
"End Office Switches" which are used to terminate End User Customer station Loops, or
equivalent, for the purpose of interconnecting to each other and to trunks; and
"Tandem Offce Switches" (or "Tandem Switches") are used to connect and switch trunk
circuits between and among other End Offce Switches. CLEC Switch (es) shall be
considered Tandem Offce Switch (es) to the extent such Switch (es) serve(s) a
comparable geographic area as CenturyLink's Tandem Offce Switch. A fact-based
consideration by the Commission of geography should be used to classify any Switch on
a prospective basis.
"Centralized Automatic Message Accounting" or "CAMA" trunks are trunks using MF signaling
protocol used to record Billng data.
"Centralized Message Distribution System" or "CMOS" means the operation system that Local
Exchange Carriers use to exchange outcollect and lABS access messages among each other
and other parties connected to CMOS.
. "Centrex" shall have the meaning set forth in Section 6.2.2.9.
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Section 4
Definitions
"Charge Number" is a Common Channel Signaling parameter, which refers to the number,
transmitted through the network identifyng the Biling number of the callng party. Charge .
Number frequently is not the Callng Party Number (CPN).
"Collocation" is an arrangement where CenturyLink provides space in CenturyLink Premises for
the placement of CLEC's equipment to be used for the purpose of Interconnection or access to
CenturyLink Unbundled Network Elements.
"Collocation - Point of Interconnection" or "C-POI" is the point outside CenturyLink's Wire
Center where CLEC's fiber facility meets CenturyLink's Fiber Entrance Facility, except where
CLEC uses an Express Fiber Entrance Facility. In either case, CenturyLink wil extend or run
the Fiber Entrance Facility to CLEC's Collocation Space.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C. § 332 and FCC rules
and orders interpreting that statute.
"Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network
Element, or a Combination of Unbundled Network Elements, to one or more facilities or services
that a requesting Telecommunications Carrier has obtained at wholesale from CenturyLink, or
the combination of an Unbundled Network Element, or a Combination of Unbundled Network
Elements, with one or more such facilities or services.
"Commingle" means the act of Commingling.
"Commission" means the Idaho Public Utilties Commission.
"Common Channel Signaling" or "CCS" means a method of exchanging call set up and network .
control data over a digital signaling network fully separate from the Public Switched Network
that carries the actual call. Signaling System 7 ("SS?") is currently the preferred CCS method.
"Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and
obligations of Carriers to assist law enforcement agencies by intercepting communications and
records, and installng pen registers and trap and trace devices.
"Competitive Local Exchange Carrier" or "CLEC" refers to a Party that has submitted a request,
pursuant to this Agreement, to obtain Interconnection, access to Unbundled Network Elements,
ancilary services, or resale of Telecommunications Services. CLEC is an entity authorized to
provide local Exchange Service that does not otherwise qualify as an Incumbent Local
Exchange Carrier (ILEC).
"Confidential Information" shall have the meaning set forth in Section 5.16.
"Cross Connection" is a cabling scheme between cabling runs, subsystems, and equipment
using patch cords or jumper wires that attach to connection hardware on each end.
"Current Service Provider" means the Party from which an End User Customer is planning to
switch its local Exchange Service or the Party from which an End User Customer is planning to
port its telephone number(s).
"Custom Callng Features" comprise a group of features provided via a Central Office Switch
without the need for special Customer Premises Equipment. Features include, but are not .
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Section 4
Definitions.limited to, call waiting, 3-way callng, abbreviated dialing (speed callng), call forwarding, and
series completing (busy or no answer).
"Custom Local Area Signaling Service" or "CLASS" is a set of call-management service features
consisting of number translation services, such as call forwarding and caller identification,
available within a Local Access and Transport Area ("LATA"). Features include, but are not
limited to, automatic callback, automatic recall, callng number delivery, Customer originated
trace, distinctive ringing/call waiting, selective call forwarding and selective call rejection.
"Customer" is a Person to whom a Party provides or has agreed to provide a specific service or
set of services, whether directly or indirectly. Customer includes Telecommunication Carriers.
See also, End User Customer.
"Customer Premises Equipment" or "CPE" means equipment employed on the premises of a
Person other than a Carrier to originate, route or terminate Telecommunications (e.g., a
telephone, PBX, modem pool, etc.).
"Customer Usage Data" means the Telecommunications Service usage data of CLEC's
Customer, measured in minutes, sub-minute increments, message units or otherwise, that is
recorded by CenturyLink AMA equipment and forwarded to CLEC.
"Dark Fiber" shall have the meaning setforth in Section 9.7.1.
"Data Local Exchange Carrier" or "DLEC" is a CLEC interconnecting primarily for purposes of
transporting data.."Day" means calendar days unless otherwise specified.
"Dedicated Transport" means CenturyLink transmission facilties between Wire Centers or
switches owned by CenturyLink, or between Wire Centers or switches owned by CenturyLink
and switches owned by CLEC, including, but not limited to, DS1, DS3, and DCn-capacity level
services, as well as Dark Fiber, dedicated to a particular End User Customer or carrier.
"Demarcation Point" means the point where CenturyLink owned or controlled facilities cease,
and CLEC, End User Customer, premises owner or landlord ownership or control of facilities
begin.
"Designed, Verified and Assigned Date" or "OVA" means the date on which implementation
groups are to report that all documents and materials have been received and are complete.
"Desired Due Date" means the desired service activation date as requested by CLEC on a
service order.
.
"Dialing Parity" shall have the meaning set forth in Section 14.1.
"Digital Cross Connect System" or "DCS" is a function which provides automated Cross
Connection of Digital Signal Level 0 (DSO) or higher transmission bit rate digital channels within
physical interface facilities. Types of DeS include but are not limited to DCS 1/0s, DCS 3/1s,
and DCS 3/3s, where the nomenclature 1/0 denotes interfaces typically at the DS1 rate or
greater with Cross Connection typically at the DSO rate. This same nomenclature, at the
appropriate rate substitution, extends to the other types of DCS specifically cited as 3/1 and 3/3.
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Section 4
Definitions
Types of DCS that cross connect Synchronous Transport Signal level 1 (STS-1 s) or other
Synchronous Optical Network (SONET) signals (e.g., STS-3) are also DCS, although not .
denoted by this same type of nomenclature. DCS may provide the functionality of more than
one of the aforementioned DCS types (e.g., DCS 3/3/1 which combines functionality of DCS 3/3
and DCS 3/1). For such DCS, the requirements wil be, at least, the aggregation of
requirements on the "component" DCS. In locations where automated Cross Connection
capability does not exist, DCS wil be defined as the combination of the functionality provided by
a Digital Signal Cross Connect (DSX) or Light Guide Cross Connect (LGX) patch panels and 04
channel banks or other DSO and above multiplexing equipment,used to provide the function of a
manual Cross Connection. Interconnection is between a DSX or LGX to a Switch, another
Cross Connection, or other service platform device.
"Digital Signal Level" means one of several transmission rates in the time-division multiplex
hierarchy.
"Digital Signal Level 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice
conversation using pulse code modulation. There are twenty-four (24) DSO channels in a DS1.
"Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is
the initial level of multiplexing. There are twenty-eight (28) DS1s in a DS3.
"Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is
defined as the third level of multiplexing.
"Digital Subscriber Line Access Multiplexer" or "DSLAM" is a network device that: (i) aggregates .
lower bit rate DSL signals to higher bit-rate or bandwidth signals (multiplexing) and (ii)
disaggregates higher bit-rate or bandwidth signals to lower bit-rate DSL signals (de-
multiplexing). DSLAMs can connect DSL Loops with some combination of CLEC ATM, Frame
Relay, or IP networks. The DSLAM must be located at the end of a copper Loop nearest the
Serving Wire Center (e.g., in a Remote Terminal, Central Office, or an End User Customer's
premises).
"Digital Subscriber Loop" or "DSL" refers to a set of service-enhancing copper technologies that
are designed to provide digital communications services over copper Loops either in addition to
or instead of normal analog voice service, sometimes referred to herein as xDSL, including, but
not limited to, the following:
"ADSL"or "Asymmetric Digital Subscriber Line" is a Passband digital loop transmission
technology that typically permits the transmission of up to 8 Mbps downstream (from the
Central Offce to the End User Customer) and up to 1 Mbps digital signal upstream (from
the End User Customer to the Central Offce) over one (1) copper pair.
"HDSL" or "High-Data Rate Digital Subscriber Line" is a synchronous baseband DSL
technology operating over one or more copper pairs. HDSL can offer 784 Kbps circuits
over a single copper pair, T1 service over two (2) copper pairs, or future E1 service over
three (3) copper pairs.
"HDSL2" or "High-Data Rate Digital Subscriber Line 2" is a synchronous baseband DSL ...
technology operating over a single pair capable of transporting a bit rate of 1.544 Mbps.
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Section 4
Definitions."IDSL" or "ISDN Digital Subscriber Line" or "Integrated Services Digital Network Digital
Subscriber Line" is a symmetrical, baseband DSL technology that permits the bi-
directional transmission of up to 128 Kbps using ISDN CPE but not circuit switching.
"SDSL" or "Symmetric Digital Subscriber Line" is a baseband DSL transmission
technology that permits the bi-directional transmission from up to 160 kbps to 2.048
Mbps on a single pair.
"VDSL" or "Very High Speed Digital Subscriber Line" is a baseband DSL transmission
technology that permits the transmission of up to 52 Mbps downstream (from the Central
Office to the End User Customer) and up to 2.3 Mbps digital signal upstream (from the
End User Customer to the Central Office). VDSL can also be 26 Mbps symmetrical, or
other combination.
.
"Directory Assistance Database" shall have the meaning set forth in Section 10.5.2.2.
"Directory Assistance Lists" shall have the meaning set forth in Section 10.6.1.1.
"Directory Assistance Service" includes, but is not limited to, making available to callers, upon
request, information contained in the Directory Assistance Database. Directory Assistance
Service includes, where available, the option to complete the call at the caller's direction.
"Directory Listings" or "Listings" are any information identifying the listed names of subscribers
of a Telecommunications Carrier or Provider, as applicable, and such subscribers' telephone
numbers, addresses, or primary advertising classifications (as such classifications are assigned
at the time of the establishment of such service), or any combination of such listed names,
numbers, addresses or classifications: (1) that the Telecommunications Carrier and/or Provider
provides or uses for the purpose of publishing the Listings in any directory format; or (2) that the
Telecommunications Carrier and/or Provider provides or uses in Directory Assistance Service,
Directory Assistance List Service, or for other lawful purposes.
"Disturbet' is defined as a technology recognized by industry standards bodies that significantly
degrades service using another technology (such as how AMI T1x affects DSL).
"DSX Panel" means a cross connect bay or panel used for the termination of equipment and
facilities operating at digital rates.
"Due Date" means the specific date on which the requested service is to be available to CLEC
or to CLEC's End User Customer, as applicable.
"Effective Date" shall have the meaning set forth in Section 5.2.1.
"Electronic Bonding" is a real-time and secure electronic exchange of data between information
systems in separate companies. Electronic Bonding allows electronic access to services which
have traditionally been handled through manual means. The heart of Electronic Bonding is
strict adherence to both International and National standards. These standards define the
communication and data protocols allowing all organizations in the world to exchange
information.."Electronic File Transfer" means any system or process that utilizes an electronic format and
protocol to send or receive data files.
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Definitions
"Emergency Service Number" or "ESN" is a three to five digit number representing a unique
combination of Emergency Response Agencies (law enforcement, fire and emergency medical .
service) designed to serve a specific range of addresses within a particular geographical area. ..
The ESN facilitates Selective Routing and transfer, if required, to the appropriate PSAP and the
dispatch of proper Emergency Response Agency(ies).
"End User Customer" means a third part retail Customer that subscribes to a
Telecommunications Service provided by either of the Parties or by another Carrier or by two (2)
or more Carriers.
"Enhanced Services" means any service offered over Common Carrier transmission facilities
that employ computer processing applications that act on the format, content, code, protocol or
similar aspects of a subscriber's transmitted information; that provide the subscriber with
additional, different or restructured information; or involve End User Customer interaction with
stored information.
"Enhanced 911" or "E911" shall have the meaning set fort in Section 1 0.3.1.
"Environmental Hazard" means any substance the presence, use, transport, abandonment or
disposal of which (i) requires investigation, remediation, compensation, fine or penalty under
any Applicable Law (including, without limitation, the Comprehensive Environmental Response
Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource
Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar
purposes in applicable foreign,..state and local jurisdictions) or (ii) poses risks to human health,
safety or the environment (including, without limitation, indoor, outdoor or orbital space
environments) and is regulated under any Applicable Law.
"Exchange Access" shall have the same meaning as in the Act.
"Exchange Message Interface" or "EMI" means the format used for exchange of
Telecommunications message information among Telecommunications Carriers. It is
referenced in the Allance for Telecommunications Industry Solutions (ATIS) document that
defines industry guidelines for the exchange of message records.
"Exchange Message Record" or "EMR" is the standard used for exchange of
telecommunications message information between telecommunications providers for bilable,
non-billable, sample, settlement and study data. EMR format is contained in BR-01 0-200-01 0
CRIS Exchange Message Record, a Telcordia document that defines industry standards for
exchange message records.
.
"Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffc that is
originated and terminated within the Local Callng Area as defined in CenturyLink's Southern
Idaho and Northern Idaho Exchange and Network Services Catalogs.
"FCC" means the Federal Communications Commission.
"Fiber-based Collocator" means any carrier, unaffiliated with CenturyLink, that maintains a
Collocation arrangement in a CenturyLink Wire Center, with active electrical power supply, and
operates a fiber-optic cable or comparable transmission facility that (1) terminates at a
Collocation arrangement within the Wire Center; (2) leaves the CenturyLink Wire Center
premises; and (3) is owned by a party other than CenturyLink or any affliate of CenturyLink, .
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Section 4
Definitions.except as set forth in this paragraph. Dark fiber obtained from CenturyLink on an indefeasible
right of use basis shall be treated as non- CenturyLink fiber-optic cable. Two (2) or more
affiliated Fiber-based Collocators in a single Wire Center shall collectively be counted as a
single Fiber-based Collocator. For purposes of this definition, the term "affilate" is defined by
47 U.S.C. § 153(1).
"Fiber Meet" means an Interconnection architecture method whereby the Parties physically
interconnect their networks via an optical fiber interface (as opposed to an electrical interface) at
a mutually-agreed-upon location.
"Finished Services" means complete end-to-end services offered by CenturyLink to wholesale
customers or retail End User Customers. Finished Services do not include Unbundled Network
Elements or combinations of Unbundled Network Elements. Finished Services include Access
Services, private lines, retail services, and resold services.
"Firm Order Confirmation" or "FOC" means the notice CenturyLink provides to CLEC to confirm
that CLEC's Local Service Order (LSR) has been received and has been successfully
processed. The FOC confirms the schedule of dates committed to by CenturyLink for the
Provisioning of the service requested.
.
"Hub Provider" means an entity that (i) provides Common Channel Signaling (SS7) connectivity
between the networks of service providers that are not directly connected to each other; or (ii)
provides third party database services such as L1DB. The SS7 messages received by Hub
Providers are accepted or rejected by the Hub Provider depending on whether a contractual
arrangement exists between the Hub Provider and the message originator (sender) and whether
the message originator has contracted for the type of SS7 messages being submitted for
transmission to the Hub Provider.
"Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit i.
"Information Service" is the offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available information via
Telecommunications, and includes electronic publishing, but does not include any use of any
such capability for the management, control, or operation of a Telecommunications systemor
the management of a Telecommunications Service.
"Integrated Digital Loop Carrier" means a subscriber loop carrier system, which integrates
multiple voice channels within the Switch on a DS1 level signaL.
"Integrated Services Digital Network" or "ISDN" refers to a digital circuit switched network
service. Basic Rate ISDN (BRI) provides for channelized (two (2) bearer and one (1) data) end-
to-end digital connectivity for the transmission of voice or data on either or both bearer channels
and packet data on the data channeL. Primary Rate ISDN (PRI) provides for twenty-three (23)
bearer channels and one (1) data channeL. For BRI, the bearer channels operate at 64 Kbps
and the data channel at 16 Kbps. For PRI, all twenty-four (24) channels operate at 64 Kbps or
1.5 Mbps.
."Interconnection" is as described in the Act and refers to the connection between networks for
the purpose of transmission and routing of telephone Exchange Service traffc, IntraLATA LEC
Toll and Jointly Provided Switched Access traffc.
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Definitions
"Interconnection Agreement" or "Agreement" is an agreement entered into between CenturyLink
and CLEC for Interconnection, Unbundled Network Elements or other services as a result of .
negotiations, adoption and/or arbitration or a combination thereof pursuant to Section 252 of the ..
Act. When CLEC signs and delivers a copy of this Agreement to CenturyLink pursuant to the
notice provision of the Agreement, it becomes the Interconnection Agreement between the
Parties pursuant to Section 252( e) of the Act.
"Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll
services.
"Interexchange Service" means telecommunications service between stations in different
exchange areas. Modification of Final Judgment, § IV(K), reprinted in United States v. Am. Tel.
& Tel. Co., 552 F. Supp. 131, 229 (D.D.C. 1982) (defining "interexchange telecommunications"
as "telecommunications between a point or points located in one exchange telecommunications
area and a point or points located in one or more other exchange areas or a point outside an
exchange area").
"Interim Number Portability" or "INP" is a method of number portability, such as Remote Call
Forwarding ("RCF") or any other comparable and technically feasible arrangement, that allows
one Party to port telephone numbers from its network to the other Party's network with as little
impairment of quality, reliability and convenience to the customer as possible, but does not
comply with the Local Number Portability performance criteria set forth in 47 C.F.R. Section
52.23(a).
"lnterLATA Traffc" describes Telecommunications between a point located in a Local Access
and Transport Area ("LATA") and a point located outside such area.
"Internet Service Provider-Bound" or "ISP-Bound" refers only to the traffic delivered to an
Internet Service provider for which the FCC prescribed intercarrier compensation in the
Intercarrier Compensation for ISP-Bound Traffc, CC Docket No. 99-68, Order on Remand and
Report and Order, 16 FCC Rcd 9151 (2001) (the "ISP Remand Orden. Such traffc does not
include traffic delivered to an Internet Service provider located in a different local callng area
than the callng party.
.
"Interoperability" means the ability of a CenturyLink OSS Function to process seamlessly (Le.,
without any manual intervention) business transactions with CLEC's OSS application, and vice
versa, by means of secure exchange of transaction data models that use data fields and usage
rules that can be received and processed by the other Party to achieve the intended OSS
Function and related response. (See also Electronic Bonding.)
"lntraLATA LEC Toll" means IntraLATA Toll traffic carried solely by a Local Exchange Carrier
and not by an IXC.
"lntraLATA Toll Traffc" describes IntraLATA Traffic outside the Local Callng Area.
"LERG Reassignment" or "NXX Reassignment" means the reassignment of an entire NXX code
shown in the LERG from one Carrier to another Carrier.
"Line Side" refers to End Ofce Switch connections that have been programmed to treat the
circuit as a local line connected to a terminating station (e.g., an End User Customer's
telephone station set, a PBX, answering machine, facsimile machine or computer). .
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Section 4
Definitions."Local Access Transport Area" or "LATA" is as defined in the Act.
"Local Callng Area" is a geographically defined area as established by the effective tariffs of
CenturyLink as approved by the Commission.
"Local Exchange Carrier" or "LEC" means any Carrier that is engaged in the provision of
telephone Exchange Service or Exchange Access. Such term does not include a Carrier insofar
as such Carrier is engaged in the provision of a commercial mobile service under Section 332(c)
of the Act, except to the extent that the FCC finds that such service should be included in the
definition of such term.
"Local Exchange Routing Guide" or "LERG" means a Telcordia Technologies Reference
Document used by LECs and IXCs to identify NPA-NXX routing and homing information as well
as Network Element and equipment designations.
"Local Interconnection Service (LIS) Entrance Facility" is a DS1 or DS3 facility that extends from
CLEC's Switch location or Point of Interconnection (POI) to the CenturyLink Serving Wire
Center. An Entrance Facility may not extend beyond the area served by the CenturyLink
Serving Wire Center.
"Local Interconnection Service (LIS)" is the CentuLink product name for its provision of
Interconnection as described in Section 7 of this Agreement.
."Local Number Portability" or "LNP" shall have the meaning set forth in Section 1 0.2.1.1.
"Local Service Ordering Guide" or "LSOG" is a document developed by the OBF to establish
industry-wide ordering and Billng processes for ordering local services.
"Local Service Request" or "LSR" means the industry standard forms and supporting
documentation used for ordering local services.
"Local Tandem Switch" is a CenturyLink switch used to connect and switch trunk circuits
between End Ofice Switches for traffic within an EAS/Local calling area.
"Location Routing Number" or "LRN" means a unique ten- (10)-digit number assigned to a
Central Office Switch in a defined geographic area for call routing purposes. This ten- (10)-digit
number serves as a network address and the routing information is stored in a database.
Switches routing calls to subscribers whose telephone numbers are in portable NXXs perform a
database query to obtain the Location Routing Number that corresponds with the Switch serving
the dialed telephone number. Based on the Location Routing Number, the querying Carrier
then routes the call to the Switch serving the ported number. The term "LRN" may also be used
to refer to a method of LNP.
"Long Distance Service" (see "Interexchange Service").
"Loop" or "Unbundled Loop" shall have the meaning set forth in Section 9.2.1.
"Loop Concentrator/Multiplexet' or "LCM" is the Network Element that does one or more of the
following:.aggregates lower bit rate or bandwidth signals to higher bit rate or bandwidth signals
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Secton 4
Definitions
(multiplexing);.disaggregates higher bit rate or bandwidth signals to lower bit rate or bandwidth signals
( demultiplexing);
aggregates a specified number of signals or channels to fewer channels (concentrating);
performs signal conversion, including encoding of signals (e.g., analog to digital and
digital to analog signal conversion); or
in some instances performs electrical to optical (ElO) conversion.
LCM includes DLC, and D4 channel banks and may be located in Remote Terminals or
Central Offices.
"Main Distribution Frame" or "MDF" means a CenturyLink distribution frame (e.g., COSMICTM
frame) used to connect CenturyLink cable pairs and line and trunk equipment terminals on a
CenturyLink switching system.
"Maintenance and Repair" involves the exchange of information between Carriers where one
initiates a request for maintenance or repair of existing products and services or Unbundled
Network Elements or combinations thereof from the other with attendant acknowledgments and
status reports in order to ensure proper operation and functionality of facilities.
"Maintenance of Service charge" is a Miscellaneous Charge that relates to trouble isolation work
performed by CenturyLink. Basic Maintenance of Service charges apply when the CenturyLink .
technician performs work during standard business hours. Overtime Maintenance of Service
charges apply when the CenturyLink technician performs work on a business day, but outside
standard business hours, or on a Saturday. Premium Maintenance of Service charges apply
when the CenturyLink technician performs work on either a Sunday or CenturyLink recognized
holiday.
"Master Street Address Guide" or "MSAG" is a database of street names and house number
ranges within their associated communities defining particular geographic areas and their
associated ESNs to enable proper routing of 911 calls.
"Meet Point" is a point of Interconnection between two (2) networks, designated by two (2)
Telecommunications Carriers, at which one Carrier's responsibility for service begins and the
other Carrier's responsibility ends.
"Meet-Point Biling" or "MPB" or "Jointly Provided Switched Access" or "JPSA" refers to an
arrangement whereby two (2) or more Telecommunications Carriers including an ILEC, CLEC
or CMRS carrier receive traffic in the same LATA that the call is to be terminated in or originated
from, and jointly provide Switched Access Service to an Interexchange Carrier, with each ILEC,
CLEC or CMRS carrier receiving an appropriate share of the revenues from the IXC as defined
by their effective Switched Access Tariffs or, if applicable, CMRS contract.
"Mid-Span Meet" means an Interconnection between two (2) networks, designated by two (2)
Telecommunications Carriers, whereby each provides its own cable and equipment up to the
Meet Point of the cable facilities..
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Section 4
Definitions
"Mid-Span Meet POI" A Mid-Span Meet POI is a negotiated Point of Interface, limited to the
Interconnection of facilities between the CenturyLink Serving Wire Center location and the
location of the CLEC switch or other equipment located within the area served by the
CenturyLink Serving Wire Center.
"Miscellaneous Charges" mean charges that apply for miscellaneous services provided at
CLEC's request or based on CLEC's actions that result in miscellaneous services being
provided by CenturyLink, as described in this Agreement.
"Mobile Wireless Service" means all mobile wireless telecommunications services, including
commercial mobile radio service (CMRS). CMRS includes paging, air-ground radio, telephone
service and offshore radiotelephone services, as well as mobile telephony services, such as the
service offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses.
"Multiple Exchange Carrier Access Billng" or "MECAB" refers to the document prepared by the
Billng Committee of the Ordering and Biling Forum (OBF), which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Allance for Telecommunications Industry
Solutions (ATIS). The MECAB document, published by ATIS (0401004-0009), contains the
recommended guidelines for the Billng of an access service provided by two (2) or more LECs
(including.a LEC and a CLEC), or by one (1) LEC in two (2) or more states within a single LATA.
"Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services -
Industry Support Interface, refers to the document developed by the Ordering/Provisioning
Committee under the auspices of the Ordering and Biling Forum (OBF), which functions under
the auspices of the Carrier Liaison Committee (CLC) of the Allance for Telecommunications
Industry Solutions (ATIS). The MECOD document, published by ATIS (0404120-0006),
contains recommended guidelines for processing orders for access service which is to be
provided by two (2) or more LECs (including a LEC and a CLEC).
"N-1 Carriet' means the Carrier in the call routing process immediately preceding the
terminating Carrier. The N-1 Carrier is responsible for performing the database queries (under
the FCC's rules) to determine the LRN value for correctly routing a call to a ported number.
"National Emergency Number Association" or "NENA" is an association which fosters the
technological advancement, availability and implementation of 911 Service nationwide through
research, planning, training, certification, technical assistance and legislative representation.
"Near Real Time" means that CenturyLink's OSS electronically receives a transaction from
CLEC, automatically processes that transaction, returns the response to that transaction to
CLEC in an automatic event driven manner (without manual intervention) via the interface for
the OSS function in question. Except for the time it takes to send and receive the transaction
between CenturyLink's and CLEC's OSS application, the processing time for CenturyLink's
representatives should be the same as the processing time for CLEC's representatives. Current
benchmarks using TCIF 98-006 averages between two (2) and four (4) seconds for the
connection and an average transaction transmittaL. The specific agreed metrics for Near Real
Time transaction processing wil be contained in the Performance Indicator Definitions (PIDs),
where applicable.
"Network Element" is a facility or equipment used in the provision of Telecommunications
Service. It also includes features, functions, and capabilities that are provided by means of
such facility or equipment, including subscriber numbers, databases, signaling systems, and
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Section 4
Definitions
information suffcient for Billng and collection or used in the transmission, routing, or otherprovision of a Telecommunications Service. .
"Network Installation and Maintenance Committee" or "NIMC" is the ATIS/CLC sub-committee
responsible for developing business process rules for Maintenance and Repair or trouble
administration.
"Network Interface Device" or "NID" is a Network Element (including all of its features, functions
and capabilties) that includes any means of Interconnection of End User Customer premises
wiring to CenturyLink's distribution plant, such as a cross connect device used for that purpose.
"New Service Provider" means the Party to which an End User Customer switches its local
Exchange Service or the Party to which an End User Customer is porting its telephone
number(s).
"911 Service" shall have the meaning set forth in Section 10.3.1.
"911/E911 Interconnection Truhk Groups" shall have the meaning set forth in Section 10.3.7.
"Non-Impaired Facilities" are those network elements identified in an applicable FCC order as
no longer available as unbundled network elements rUNEs") under 47 U.S.C. § 251 (c)(3) as
reflected in this Agreement based on non-impairment or tier designations.
"Non-impaired Wire Center" means a Wire Center that meets the loop thresholds identified in 47
C.F.R. § 51.319(a)(4)(i) for DS1 Loops and 47 C.F.R. § 51.319(a)(5)(i) for DS3 Loops. Non-
impaired Wire Centers also include Tier 1 and Tier 2 Wire Centers as defined in 47 C.F.R. § .
51.319(e)(3) and subject to the limitations of 47 C.F.R. § 51.319(e)(2)(ii)(A) for DS1 Dedicated
Transport and 47 C.F.R. § 51.319(e)(2)(iii)(A) for DS3 Dedicated Transport.
"North American Numbering Council" or "NANC" means the federal advisory committee
chartered by the FCC to analyze, advise, and make recommendations on numbering issues.
"North American Numbering Plan" or "NANP" means the basic numbering plan for the
Telecommunications networks located in the United States as well as Canada, Bermuda, Puerto
Rico, Guam, the Commonwealth of the Marianna Islands and certain Caribbean Islands. The
NANP format is a 10-digit number that consists of a 3-digit NPA code (commonly referred to as
the area code) followed by a 3-digit NXX code and 4-digit line number.
"Number Portability Administration Center" or "NPAC" means one (1) of the seven (7) regional
number portability centers involved in the dissemination of data associated with ported
numbers. The NPACs were established for each of the seven (7) original Bell Operating
Company regions so as to cover the fifty (50) states, the District of Columbia and the U.S.
territories in the North American Numbering Plan area.
"Numbering Plan Area" or "NPA" is also sometimes referred to as an area code. It is a unique
three-digit indicator that is defined by the "A," "B" and "C" digits of each 10-digit telephone
number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2)
general categories of NPA. "Geographic NPA" is associated with a defined geographic area
and all telephone numbers bearing such NPA are associated with services provided within that
geographic area. A "Non-Geographic NPA," also known as a "Service Access Code" (SAC
Code), is typically associated with a specialized Telecommunications Service which may be .
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Section 4
Definitions
provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are
examples of Non-Geographic NPAs.
"NXX," "NXX Code," "Central Office Code," or "CO Code" is the three- (3)-digit Switch 'entity
code which is defined by the "0," "E" and "F" digits of a ten- (10) digit telephone number within
the NANP.
"Operational Support Systems" or "OSS" shall have the meaning set forth in Section 12.
"Optional Testing" is testing conducted by CenturyLink, at the request of CLEC, that is in lieu of
testing CLEC should complete to isolate trouble to the CenturyLink network prior to submitting a
trouble ticket to CenturyLink.
"Ordering and Biling Forum" or "OBF" means the telecommunications industry forum, under the
auspices of the Carrier Liaison Committee of the Allance for Telecommunications Industry
Solutions, concerned with inter-company ordering and Billng.
"Originating Line Information Parameter" or "OLIP" is a CCS SS7 signaling parameter that
identifies the line class of service, Le., originating screening and routing translation.
"P.01 Transmission Grade of Service" means a circuit switched trunk facility Provisioning
standard with the statistical probability of no more than one (1) call in one hundred (100)
blocked on initial attempt during the average busy hour.
"Packet Switch" is a router designed to read the destination address in an incoming cell or
packet, consult a routing table and route the packet toward its destination. Packetizing is done
in originating CPE and reassembly is done in terminating CPE. Multiple packet formats or
protocols exist (e.g., x.25, x.75, frame relay, ATM, and IP).
"Parity" means the provision of non-discriminatory access to Interconnection, Resale,
Unbundled Network Elements and other services provided under this Agreement to the extent
legally required on rates, terms and conditions that are non-discriminatory, just and reasonable.
Where Technically Feasible, the access provided by CenturyLink wil be provided in
"substantially the same time and manner" to that which CenturyLink provides to itself, its End
User Customers, its Affiliates or to any other party.
"Party" means either CenturyLink or CLEC and "Parties" means CenturyLink and CLEC.
"Performance Indicator Definitions" or "PIDs" shall have the meaning set forth in Exhibit B.
"Person" is a general term meaning an individual or association, corporation, firm, joint-stock
company, organization, partnership, trust or any other form or kind of entity.
"Physical Collocation" shall have the meaning set forth in Section 8.1.1.
"Plant Test Date" or "PTD" means the date acceptance testing is performed with CLEC.
"Point of Interface", "Point of Interconnection," or "POI" is a demarcation between the networks
of two (2) LECs (including a LEC and CLEC). The POI is that point where the exchange of
traffic takes place.
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Section 4
Definitions
"Point of Presence" or "POP" means the Point of Presence of an IXC.
"Pole Attachment" shall have the meaning set forth in Section 10.8.1..
"Port" means a line or trunk connection point, including a line card and associated peripheral
equipment, on a Central Office Switch but does not include Switch features. The Port serves as
the hardware termination for line or Trunk Side facilties connected to the Central Office Switch.
Each Line Side Port is typically associated with one or more telephone numbers that serve as
the Customer's network address.
"POTS" means plain old telephone service.
"Power Spectral Density (PSD) Masks" are graphical templates that define the limits on signal
power densities across a range of frequencies to permit divergent technologies to coexist in
close proximity within the same Binder Groups.
"Premises" refers to CenturyLink's Central Offces and Serving Wire Centers; all buildings or
similar structures owned, leased, or otherwise controlled by CenturyLink that house its network
facilities; all structures that house CenturyLink facilities on public rights-of-way, including but not
limited to vaults containing Loop Concentrators or similar structures; and all land owned, leased,
or otherwise controlled by CenturyLink that is adjacent to these Central Offices, Wire Centers,
buildings and structures.
"Product Catalog" or "PCAT" is a CenturyLink document that provides information needed to
request services available under this Agreement. CenturyLink agrees that CLEC shall not be
held to the requirements of the PCAT. The PCAT is available onCenturyLink's web site:
http://ww.centurylink.com/wholesale/pcat/
"Project Coordinated Installation" allows CLEC to coordinate installation activity as prescribed in
section 9.2.2.9.7, including out of hours coordination.
"Proof of Authorization" or "POA" shall consist of verification of the End User Customer's
selection and authorization adequate to document the End User Customer's selection of its local
service provider.
.
"Proprietary Information" shall have the same meaning as Confidential Information.
"Provider" means a service provider that offers services other than Telecommunications
Services and that provides Listings to CenturyLink for inclusion in the Directory Assistance
Database.
"Provider Subscribet' means a third party retail customer that subscribes to a service provided
by a Provider.
"Provisioning" involves the exchange of information between Telecommunications Carriers
where one executes a request for a set of products and services or Unbundled Network
Elements or combinations thereof from the other with attendant acknowledgments and status
reports..
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Section 4
Definitions
"Pseudo Automatic Number Identification" or "Pseudo-ANI" is a number, consisting of the same
number of digits as ANI, that is not a NANP telephone directory number and may be used in
place of an ANI to convey special meaning, determined by agreements, as necessary, between
the system originating the call, intermediate systems handling and routing the call, and the
destination system.
"Public Safety Answering Point" or "PSAP" is the public safety communications center where
911/E911 calls for a specific geographic area are answered.
"Public Switched Network" includes all Switches and transmission facilities, whether by wire or
radio, provided by any Common Carrier including LECs, IXCs and CMRS providers that use the
NANP in connection with the provision of switched services.
"Rate Center" identifies 1) the specific geographic point identified by specific vertical and
horizontal (V&H) coordinates, which are used to measure distance sensitive End User
Customer traffic to/from the particular NPA-NXX designations with the specific Rate Center, and
2) the corresponding geographic area which is associated with one or more particular NPA-NXX
codes which have been assigned to a LEC for its provision of Telephone Exchange Service.
"Ready for Service" or "RFS" - A Collocation job is considered to be Ready for Service when
CenturyLink has completed all operational work in accordance with CLEC Application and
makes functional space available to CLEC. Such work includes, but is not necessarily limited
to: DC power (fuses available, Battery Distribution Fuse Board (BDFB) is powered, and cables
between CLEC and power are terminated), cage enclosures, primary AC outlet, cable racking,
and circuit terminations (e.g., fiber jumpers are placed between the outside plant fiber
distribution panel and the Central Office fiber distribution panel serving CLEC) and APOT/CFA
are complete, telephone service, and other services and facilities ordered by CLEC for
Provisioning by the RFS date.
"Records Issue Date" or "RID" means the date that all design and assignment information is
sent to the necessary service implementation groups.
"Remote Call Forwarding" or "RCF" means the INP method that redirects calls within the
telephone network. If an End User Customer changes its local service provider from one Party
to the other Party, using RCF, the old service provider's switch wil route the End User
Customer's calls to the new service provider by translating the dialed number into another
telephone number with an NXX corresponding to the new service provider's switch. The new
service provider then completes the routing of the call to its new End User Customer.
"Remote Premises" means all CenturyLink Premises, other than CenturyLink Wire Centers or
adjacent to CenturyLink Wire Centers. Such Remote Premises include controlled
environmental vaults, controlled environmental huts, cabinets, pedestals and other Remote
Terminals.
"Remote Terminal" or "RT" means a cabinet, vault or similar structure at an intermediate point
between the End User Customer and CenturyLink's Central Office, where Loops are aggregated
and hauled to the Central Office or Serving Wire Center using LCM. A Remote Terminal may
contain active electronics such as digital loop carriers, fiber hubs, DSLAMs, etc.
"Reseller" is a category of CLECs who purchase the use of Finished Services for the purpose of
resellng those Telecommunications Services to their End User Customers.
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Section 4
Definitions
"Reserved Numbers" means those telephone numbers which are not in use but which are held
in reserve by a Carrier under a legally enforceable written agreement for a specific End User .
Customer's future use.
"Route" is a transmission path between one of CenturyLink's Wire Centers or switches and
another of CenturyLink's Wire Centers or Switches. A route between two (2) points (e.g., Wire
Center or Switch "A" and Wire Center or Switch "Z") may pass through one (1) or more
intermediate Wire Centers or Switches (e.g., Wire Center or Switch "X"). Transmission paths
between identical end points (e.g., Wire Center or Switch "A" and Wire Center or Switch "Z") are
the same "route," irrespective of whether they pass through the same intermediate Wire Centers
or Switches, if any.
"Scheduled Issued Date" or "SID" means the date the order is entered into CenturyLink's order
distribution system.
"Selective Router" means the equipment necessary for Selective Routing.
"Selective Routing" is the automatic routing of 911/E911 calls to the PSAP that has jurisdictional
responsibility for the service address of the caller, irrespective of telephone company exchange
or Wire Center boundaries. Selective Routing may also be used for other services.
"Service Date" or "SD" means the date service is made available to the End User Customer.
This also is referred to as the "Due Date."
"Service Provider Identification" or "SPID" is the number that identifies a service provider to the
-relevant NPAC. The SPID may be a state-specific number.
"Serving Wire Center" denotes the CenturyLink building from which dial tone for local Exchange
Service would normally be provided to a particular End User Customer premises.
.
"Signaling System 7" or "SS?" is an out-of-band signaling protocol consisting of four basic sub-
protocols:
1) Message Transfer Part (MTP), which provides functions for basic routing of
signaling messages between signaling points;
2) Signaling Connection Control Part (SCCP), which provides additional routing and
management functions for transfer of messages other than call setup between signaling
points;
3) Integrated Services Digital Network User Part (ISUP), which provides for transfer
of call setup signaling information between signaling points; and
4) Transaction Capabilities Application Part (TCAP), which provides for transfer of
non-circuit related information between signaling points.
"Special Request Process" or "SRP" shall have the meaning set forth in Exhibit F.
"Spectrum Compatibility" means the capability of two (2) copper loop transmission system
technologies to coexist in the same cable without service degradation and to operate
satisfactorily in the presence of cross talk noise from each other. Spectrum compatibility is .
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Section 4
Definitions
defined on a per twisted pair basis for specific well-defined transmission systems. For the
purposes of issues regarding Spectrum Compatibility, service degradation means the failure to
meet the Bit Error Ratio (BER) and Signal-to-Noise Ratio (SNR) margin requirements defined
for the specific transmission system for all Loop lengths, model Loops, or loss values within the
requirements for the specific transmission system.
"Splitter" means a device used in conjunction with a OS LAM either to combine or separate the
high (OSL) and low (voice) frequency spectrums of the Loop in order to provide both voice and
data over a single Loop.
"Stand-Alone Test Environment" or "SATE" shall have the meaning set forth in Section
12.2.9.3.2.
"Subloop" shall have the meaning set forth in Section 9.3.1.1.
"Suspended Lines" means subscriber lines that have been temporarily disconnected.
"Switch" means a switching device employed by a Carrier within the Public Switched Network.
Switch includes but is not limited to End Offce Switches, Tandem Switches, Access Tandem
Switches, Remote Switching Modules, and Packet Switches. Switches may be employed as a
combination of End OficefTandem Switches.
"Switched Access Service" means the offering of transmission and switching services to
Interexchange Carriers for the purpose of the origination or termination of telephone toll service.
Switched Access Services include: Feature Group A, Feature Group B, Feature Group 0, axx
access, and 900 access and their successors or similar Switched Access Services.
"Switched Access Traffic" is traffic that originates at one of the Party's End User Customers and
terminates at an IXC Point of Presence, or originates at an IXC Point of Presence and
terminates at one of the Party's End User Customers, whether or not the traffic transits the other
Part's network.
"Synchronous Optical Network" or "SONET" is a TOM-based (time division multiplexing)
standard for high-speed fiber optic transmission formulated by the Exchange Carriers Standards
Association (ECSA) for the American National Standards Institute ("ANSI").
"Tariff' as used throughout this Agreement refers to CenturyLink interstate Tariffs and state
Tariffs, price lists, and price schedules.
"Technically Feasible" Interconnection, access to Unbundled Network Elements, Collocation,
and other methods of achieving Interconnection or access to Unbundled Network Elements at a
point in the network shall be deemed Technically Feasible absent technical or operational
concerns that prevent the fulfillment of a request by a Telecommunications Carrier for such
Interconnection, access, or methods. A determination of technical feasibility does not include
consideration of economic, accounting, Biling, space, or site concerns, except that space and
site concerns may be considered in circumstances where there is no possibility of expanding
the space available. The fact that an incumbent LEC must modify its facilities or equipment to
respond to such request does not determine whether satisfying such request is Technically
Feasible. An incumbent LEC that claims that it cannot satisfy such request because of adverse
network reJiability impacts must prove to the Commission by clear and convincing evidence that
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Section 4
Definitions
such Interconnection, access, or methods would result in specific and significant adversenetwork reliability impacts. .
"Telecommunications" means the transmission, between or among points specified by the user,
of information of the usets choosing, without change in the form or content of the information as
sent and received.
"Telecommunications Carrier" means any provider of Telecommunications Services, except that
such term does not include aggregators of Telecommunications Services (as defined in Section
226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the
Act only to the extent that it is engaged in providing Telecommunications Services, except that
the Federal Communications Commission shall determine whether the provi~ion of fixed and
mobile satellite service shall be treated as common carriage.
"Telecommunications Equipment" means equipment, other than Customer Premises
Equipment, used by a Carrier to provide Telecommunications Services, and include software
integral to such equipment, including upgrades.
"Telecommunications Services" means the offering of Telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available directly to the public,
regardless of the facilities used.
"Telephone Exchange Service" means a service within a telephone exchange, or within a
connected system of telephone exchanges within the same exchange area operated to furnish
to End User Customers intercommunicating service of the character ordinarily furnished by a
single exchange, and which is covered by the Exchange Service charge, or comparable service .
provided through a system of Switches, transmission equipment or other facilities (or
combinations thereof) by which a subscriber can originate and terminate a Telecommunications
Service.
"TELRIC" means Total Element Long-Run Incremental Cost.
"Tier 1 Wire Centers" means those CenturyLink Wire Centers that contain at least four (4) Fiber-
based Collocators, at least thirty-eight thousand (38,000) Business Lines, or both. Tier 1 Wire
Centers also are those CenturyLink tandem switching locations that have no line-side switching
facilities, but nevertheless serve as a point of traffic aggregation accessible by CLEC. Once a
Wire Center is determined to be a Tier 1 Wire Center, that Wire Center is not subject to later
reclassification as a Tier 2 or Tier 3 Wire Center.
"Tier 2 Wire Centers" means those CenturyLink Wire Centers that are not Tier 1 Wire Centers,
but contain at least three (3) Fiber-based Collocators, at least twenty-four thousand (24,000)
Business Lines, or both. Once a Wire Center is determined to be a Tier 2 Wire Center, that
Wire Center is not subject to later reclassification as a Tier 3 Wire Center.
"Tier 3 Wire Centers" means those CenturyLink Wire Centers that do not meet the criteria for
Tier 1 or Tier 2 Wire Centers.
"Toll Free Service" means service provided with any dialing sequence that invokes Toll Free,
Le., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free
Service 800/888/877/866 NPA SAC codes..
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Section 4
Definitions."Transaction Set" is a term used by ANSI X12 and elsewhere that denotes a collection of data,
related field rules, format, structure, syntax, attributes, segments, elements, qualifiers, valid
values that are required to initiate and process a business function from one trading partner to
another. Some business function events, e.g., pre-order inquiry and response are defined as
complimentary Transaction Sets. An example of a Transaction Set is service address validation
inquiry and service address validation response.
"Transit Service" is any traffic that originates from one (1) Telecommunications Carrier's network
and/or its end user(s), transits another Telecommunications Carriets network, and terminates to
yet another Telecommunications Carrier's network and/or its end user(s).
"Trouble Isolation Charge" - see "Maintenance of Service."
"Trunk Side" refers to Switch connections that have been programmed to treat the circuit as
connected to another switching entity.
"Unbundled Network Element" ("UNE") is a Network Element that has been defined by the FCC
as a Network Element to which CenturyLink is obligated under Section 251(c)(3) of the Act to
provide unbundled access or for which unbundled access is provided under this Agreement.
Unbundled Network Elements do not include those Network Elements CenturyLink is obligated
to provide only pursuant to Section 271 of the Act.
"UNE Combination" means a combination of two (2) or more Unbundled Network Elements that
were or were not previously combined or connected in CenturyLink's network, as required by
the FCC, the Commission or this Agreement.
. "Virtual Collocation" shall have the meaning set forth in Sections 8.1.1.1 and 8.2.2.1.
"VNXX Traffc" is all traffc originated by a Party's End User Customer and dialed with a local
dialing pattern that is not terminated to the other Part's End User Customer physically located
within the same CenturyLink Local Callng Area (as approved by the state Commission) as the
originating caller, regardless of the NPA-NXX dialed. VNXX does not include originating 8XX
traffc.
"Voluntary Federal Subscriber Financial Assistance Programs" are Telecommunications
Services provided to low-income subscribers, pursuant to requirements established by the
Commission or the FCC.
"Waste" means all hazardous and non-hazardous substances and materials which are intended
to be discarded, scrapped or recycled, associated with activities CLEC or CenturyLink or their
respective contractors or agents perform at Work Locations. It shall be presumed that all
substances or materials associated with such activities, that are not in use or incorporated into
structures (including without limitation damaged components or tools, leftovers, containers,
garbage, scrap, residues or by products), except for substances and materials that CLEC,
CenturyLink or their respective contractors or agents intend to use in their original form in
connection with similar activities, are Waste. Waste shall not include substances, materials or
components incorporated into structures (such as cable routes) even after such components or
structures are no longer incurrent use.."Wire Center" means the location of a CenturyLink local switching facility containing one or
more Central Offces, as defined in the Appendix to Part 36, Chapter 1 of Title 47 of the Code of
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Section 4
Definitions
Terms not otherwise defined here but defined in the Act and the orders and the rules
implementing the Act, shall have the meaning defined there. The definition of terms that are
included here and are also defined in the Act, or its implementing orders or rules, are intended
to include the definition as set forth in the Act and the rules implementing the Act.
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Secton 5
Terms and Conditions.Section 5.0 . TERMS AND CONDITIONS
5.1 General Provisions
5.1.1 Intentionally Left Blank.
5.1.2 The Parties are each solely responsible for participation in and compliance with
national network plans, including the National Network Security Plan and the Emergency
Preparedness Plan.
.
5.1.3 Neither Party shall use any service related to or use any of the services provided
in this Agreement in any manner that interferes with other Persons in the use of their service,
prevents other Persons from using their service, or otherwise impairs the quality of service to
other Carriers or to either Party's End User Customers. In addition, neither Part's provision of
or use of services shall interfere with the services related to or provided under this Agreement.
5.1.3.1 If such impairment is material and poses an immediate threat to the
safety of either Party's employees, Customers or the public or poses an immediate
threat of a service interruption, that Party shall provide immediate notice by email to the
other Party's designated representative(s) for the purposes of receiving such notification.
Such notice shall include 1) identification of the impairment (including the basis for
identifying the other Party's facilities as the cause of the impairment), 2) date and
location of the impairment, and 3) the proposed remedy for such impairment for any
affected service. Either Party may discontinue the specific service that violates the
provision or refuse to provide the same type of service if it reasonably appears that the
particular service would cause similar harm, until the violation of this provision has been
corrected to the reasonable satisfaction of that Party and the service shall be reinstituted
as soon as reasonably possible. The Parties shall work cooperatively and in good faith
to resolve their differences. In the event either Part disputes any action that the other
Party seeks to take or has taken pursuant to this provision, that Party may pursue
immediate resolution by expedited or other Dispute Resolution.
.
5.1.3.2 If the impairment is service impacting but does not meet the parameters
set forth in Section 5.1.3.1, such as low level noise or other interference, the other Party
shall provide written notice within five (5) Days of such impairment to the other Party and
such notice shall include the information set forth in subsection 5.1.3.1. The Parties
shall work cooperatively and in good faith to resolve their differences. If the impairment
has not been corrected or cannot be corrected within five (5) business days of receipt of
the notice of non-compliance, the other Party may pursue immediate resolution by
expedited or other Dispute Resolution.
5.1.3.3 If either Party causes non-service impacting impairment the other Party
shall provide written notice within fifteen (15) Days of the impairment to the other Party
and such notice shall include the information set forth in subsection 5.1.3.1. The Parties
shall work cooperatively and in good faith to resolve their differences. If either Party fails
to correct any such impairment within fifteen (15) Days of written notice, or if such non-
compliance cannot be corrected within fifteen (15) Days of written notice of non-
compliance, and if the impairing Party fails to take all appropriate steps to correct as
soon as reasonably possible, the other Party may pursue immediate resolution by
expedited or other Dispute Resolution.
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Terms and Conditions
5.1.3.4 It is the responsibilty of either Party to inform its End User Customers of
service impacting impairment that may result in discontinuance of service as soon as the .
Party receives notice of same.
5.1.4 Each Party is solely responsible for the services it provides to its End User
Customers and to other Telecommunications Carrers. This provision is not intended to limit the
liabilty of either Party for its failure to perform under this Agreement.
5.1.5 The Parties shall work cooperatively to minimize fraud associated with third-
number billed calls, callng card calls, and any other services related to this Agreement.
5.1.6 Nothing in this Agreement shall prevent either Party from seeking to recover the
costs and expenses, if any, it may incur in (a) complying with and implementing its obligations
under this Agreement, the Act, and the rules, regulations and orders of the FCC and the
Commission, and (b) the development, modification, technical installation and maintenance of
any systems or other infrastructure which it requires to comply with and to continue complying
with its responsibilities and obligations under this Agreement. Notwithstanding the foregoing,
CenturyLink shall not assess any charges against CLEC for services, facilities, Unbundled
Network Elements, ancillary services and other related work or services covered by this
Agreement, unless the charges are expressly provided for in this Agreement. All services and
capabilities currently provided hereunder (including resold Telecommunications Services,
Unbundled Network Elements, UNE Combinations and ancilary services) and all new and
additional services or Unbundled Network Elements to be provided hereunder, shall be priced in
accordance with all applicable provisions of the Act and the rules and orders of the Federal
Communications Commission and orders of the Commission.
5.2 Term of Agreement .
5.2.1 This Agreement shall become effective on the date of Commission Approval
("Effective Date"); however the Parties may agree to implement the provisions of this Agreement
upon execution. This Agreement shall be binding upon the Parties for a term of three (3) years.
5.2.2 Upon expiration of the term of this Agreement, this Agreement shall continue in
full force and effect until superseded by a successor agreement in accordance with this Section
5.2.2. Any Party may request negotiation of a successor agreement by written notice to the
other Party no earlier than one hundred sixty (160) Days prior to the expiration of the term, or
the Agreement shall renew on a month to month basis. The date of this notice wil be the
starting point for the negotiation window under Section 252 of the Act. This Agreement will
terminate on the date a successor agreement is approved by the Commission. However,
nothing relieves CLEC from fulfiling the obligations incurred under the prior Agreement.
5.3 Proof of Authorization
5.3.1 Each Party shall be responsible for obtaining and maintaining Proof of
Authorization (POA) as required by applicable federal and state law, as amended from time to
time.
5.3.2 The Parties shall make POAs available to each other upon request in the event
of an allegation of an unauthorized change in accordance with all Applicable Laws and rules
and shall be subject to any penalties contained therein..
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5.4 Payment
5.4.1 Amounts payable under this Agreement are due and payable within thirty (30)
Days after the date of invoice (Payment Due Date). If a Payment Due Date falls on a Sunday,
or on a holiday which is observed on a Monday, the payment date shall be the first non-holiday
day following such Sunday or holiday. If a Payment Due Date falls on a Saturday or on a
holiday which is observed on Tuesday, Wednesday, Thursday or Friday, the payment date shall
be the last non-holiday day preceding such Saturday or holiday. For invoices distributed
electronically, the date of invoice date is the same as if the invoice were biled on paper, not the
date the electronic delivery occurs. If either Party fails to make payment on or before the
Payment Due Date, the other Party may invoke all available rights and remedies.
5.4.2 One Party may discontinue processing orders for the failure of the other Party to
make full payment for the services, less any good faith disputed amount as provided for in
Section 5.4.4 of this Agreement, for the services provided under this Agreement within thirty
(30) Days following the payment due date provided the Biling Party has notified the other Party
in writing at least ten (10) business days prior to discontinuing the processing of orders for
services. If the Biling Party does not refuse to accept additional orders for the services on the
date specified in the ten (10) business days' notice, and the other Party's non-compliance
continues, nothing contained herein shall preclude the Billng Party's right to refuse to accept
additional orders for the services from the non-complying Party without further notice. For order
processing to resume, the biled Party wil be required to make full payment of all charges for
the services not disputed in good faith under this Agreement. Additionally, the Billng Party may
require a deposit (or additional deposit) from the biled Party, pursuant to this section. In
addition to other remedies that may be available at law or equity, the biled Party reserves the
right to seek equitable relief, including injunctive relief and specific performance.
5.4.3 The Billng Party may disconnect services for failure by the biled Party to make
full payment, less any good faith disputed amount as provided for in Section 5.4.4 of this
Agreement, for the services provided under this Agreement within sixty (60) Days following the
payment due date. The billed Party wil pay the applicable reconnect charge set forth in Exhibit
A required to reconnect each service disconnected pursuant to this paragraph. The Biling Part
wil notify the biled Party at least ten (10) business days prior to disconnection of the service(s).
In case of such disconnection, all applicable undisputed charges, including termination charges,
shall become due. If the Billng Party does not disconnect the biled Party's service(s) on the
date specified in the ten (10) business days notice, and the biled Party's noncompliance
continues, nothing contained herein shall preclude the Biling Party's right to disconnect services
of the non-complying Party without further notice. For reconnection of the services to occur, the
biled Party wil be required to make full payment of all past and current undisputed charges
under this Agreement for the services. Additionally, the Billing Party will request a deposit (or
recalculate the deposit) as specified in Section 5.4.5 and 5.4.7 from the biled Party, pursuant to
this Section. If the biled Party is a new CLEC customer of CenturyLink, the application of this
provision wil be suspended for the initial three (3) Billng cycles of this Agreement and wil not
apply to amounts biled during those three (3) cycles. In addition to other remedies that may be
available at law or equity, each Part reserves the right to seek equitable relief, including
injunctive relièf and specific performance.
5.4.4 Should CLEC or CenturyLink dispute, in good faith, any portion of the charges
under this Agreement, the Parties wil notify each other in writing within fifteen (15) Days
following the payment due date identifying the amount, reason and rationale of such dispute. At
a minimum, CLEC and CenturyLink shall pay all undisputed amounts due. Both CLEC and
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CenturyLink agree to expedite the investigation of any disputed amounts, promptly provide
reasonably requested documentation regarding the amount disputed, and work in good faith in .
an effort to resolve and settle the dispute through informal means prior to invoking any other
rights or remedies.
5.4.4.1 If a Party disputes charges and does not pay such charges by the
payment due date, such charges may be subject to late payment charges. If the
disputed charges have been withheld and the dispute is resolved in favor of the Biling
Party, the withholding Party shall pay the disputed amount and applicable late payment
charges no later than the next Bil Date following the resolution. If the disputed charges
have been withheld and the dispute is resolved in favor of the disputing Party, the Billng
Party shall credit the bil of the disputing Party for the amount of the disputed charges
and any late payment charges that have been assessed no later than the second Bil
Date after the resolution of the dispute. If a Party pays the disputed charges and the
dispute is resolved in favor of the Biling Party, no further action is required.
5.4.4.2 If a Party pays the disputed charges and the dispute is resolved in favor
of the Billng Party, no further action is required. If a Party pays the charges disputed at
the time of payment or at any time thereafter pursuant to Section 5.4.4.3, and the
dispute is resolved in favor of the disputing Party, the Billng Party wil adjust the Billng,
usually within two (2) Biling cycles, after the resolution of the dispute, as follows:
(1) The Billng Party wil credit the Biled Party's bill for the disputed amount and
any associated interest; or
(2) If the disputed amount is greater than the bil to be credited, pay the .
remaining amount to the Biled Party.
(3) The interest calculated on the disputed amounts wil be the same rate as latepayment charges. In no event, however, wil any late payment charges be
assessed on any previously assessed late payment charges.
5.4.4.3 If the Biled Party fails to dispute a rate or charge within sixty (60) Days
following the invoice date on which the rate or charge appeared, adjustment wil be
made on a going-forward basis only, beginning with the date of the dispute.
5.4.5 In the event of a material adverse change in CLEC's financial condition
subsequent to the Effective Date of this Agreement, CenturyLink may request a security
deposit. A "material adverse change in financial condition" means CLEC is a new CLEC with no
established credit history, or is a CLEC that has not established satisfactory credit with
CenturyLink, or the Party is repeatedly delinquent in making its payments, or is being
reconnected after a disconnection of Service or discontinuance of the processing of orders by
CenturyLink due to a previous failure to pay undisputed charges in a timely manner.
CenturyLink may require a deposit to be held as security for the payment of charges before the
orders from CLEC wil be provisioned and completed or before reconnection of Service.
"Repeatedly delinquent" means any payment of a material amount of total monthly Billng under
the Agreement received after the Payment Due Date, three (3) or more times during the last
twelve (12) month period. The deposit may not exceed the estimated total monthly charges for
a two (2) month period based upon recent Billng. The deposit may be adjusted by CLEC's
actual monthly average charges, payment history under this Agreement, or other relevant
factors, but in no event wil the security deposit exceed five milion dollars ($5,000,000.00). The .
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Terms and Conditions
deposit may be an irrevocable bank letter of credit, a letter of credit with terms and conditions
acceptable to CenturyLink, or some other form of mutually acceptable security such as a cash
deposit. Required deposits are due and payable within thirty (30) Days after demand and non-
payment is subject to Sections 5.4.2 and 5.4.3 of this Agreement.
5.4.6 Interest wil be paid on cash deposits at the rate applying to deposits under
applicable Commission regulations. Cash deposits and accrued interest will be credited to
CLEC's account or refunded, as appropriate, upon the earlier of the expiration of the term of the
Agreement or the establishment of satisfactory credit with CenturyLink, which wil generally be
one full year of timely payments of undisputed amounts in full by CLEC. Upon a material
change in financial standing, including factors referenced in Section 5.4.5 above, CLEC may
request and the CenturyLink wil consider a recalculation of the deposit. The fact that a deposit
has been made does not relieve CLEC from any requirements of this Agreement.
5.4.7 CenturyLink may review CLEC's credit standing and modify the amount of
deposit required but in no event wil the maximum amount exceed the amount stated in 5.4.5 or
another amount, if approved by the Commission.
5.4.8 The late payment charge for amounts that are billed under this Agreement shall
be in accordance with Commission requirements.
5.4.9 CLEC shall be responsible for notifying its End User Customers of any pending
disconnection of a service by CLEC, if necessary, to allow those End User Customers to make
other arrangements for such services.
5.4.10 CLEC must not remit payment for the Services with funds obtained through the
American Recovery and Reinvestment Act (or ARRA) or other similar stimulus grants or loans
that would obligate CenturyLink to provide certain information or perform certain functions
unless those functions and obligations are specifically agreed to by the parties in this
Agreement or in an amendment to this Agreement.
5.5 Taxes
5.5.1 Any federal, state, or local sales, use, excise, gross receipts, transaction or
similar taxes, fees or surcharges resulting from the performance of this Agreement shall be
borne by the Party upon which the obligation for payment is imposed under Applicable Law,
even if the obligation to collect and remit such taxes is placed upon the other Party. However,
where the sellng Party is permitted by law to collect such taxes, fees or surcharges, from the
purchasing Party, such taxes, fees or surcharges shall be borne by the Party purchasing the
services. Each Party is responsible for any tax on its corporate existence, status or income.
Whenever possible, these amounts shall be billed as a separate item on the invoice. To the
extent a sale is claimed to be for resale tax exemption, the purchasing Party shall furnish the
providing Party a proper resale tax exemption certificate as authorized or required by statute or
regulation by the jurisdiction providing said resale tax exemption. Until such time as a resale tax
exemption certificate is provided, no exemptions wil be applied. If either Party (the Contesting
Party) contests the application of any tax collected by the other Party (the Collecting Party), the
Collecting Party shall reasonably cooperate in good faith with the Contesting Party's challenge,
provided that the Contesting Party pays any costs incurred by the Collecting Party. The
Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest,
provided that the Contesting Party is liable for and has paid the tax contested.
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Terms and Conditions
5.6 Insurance
5.6.1 Each Party shall at all times during the term of this Agreement, at its own cost
and expense, carry and maintain the insurance coverage listed below with insurers having a
"Best's" rating of A-VII with respect to liability arising from that Party's operations for which that
Party has assumed legal responsibility in this Agreement. If either Party or its parent company
has assets equal to or exceeding ten billon dollars ($10,000,000,000), that Party may utilize an
Affiliate captive insurance company in lieu of a "Best's" rated insurer. To the extent that the
parent company of a Party is relied upon to meet the ten billon dollar ($10,000,000,000) asset
threshold, such parent shall be responsible for the insurance obligations contained in this
Section 5.6.1, to the extent its affliated Party fails to meet such obligations.
5.6.1.1 Workers' Compensation with statutory limits as required in the state of
operation and Employers' Liability insurance with limits of not less than one hundred
thousand dollars ($100,000) each accident.
5.6.1.2 Commercial General Liability insurance covering claims for bodily injury,
death, personal injury or property damage occurring or arising out of the use or
occupancy of the premises, including coverage for independent contractor's protection
(required if any work will be subcontracted), premises-operations, products and/or
completed operations and contractual liabilty with respect to the liability assumed by
each Part hereunder. The limits of insurance shall not be less than one million dollars
($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate
limit.
5.6.1.3 Business automobile liability insurance covenng the ownership, operation
and maintenance of all owned, non-owned and hired motor vehicles with limits of not
less than one milion dollars ($1,000,000) per occurrence for bodily injury and property
damage.
5.6.1.4 Umbrella/Excess Liabilty insurance in an amount of ten millon dollars
($10,000,000) excess of Commercial General Liability insurance specified above. These
limits may be obtained through any combination of primary and excess or umbrella
liability insurance so long as the total limit is eleven million dollars ($11,000,000).
5.6.1.5 "All Risk" Property coverage on a full replacement cost basis insuring all
of CLEC personal property situated on or within the Premises or Remote Premises.
5.6.2 Each Part wil initially provide certificate(s) of insurance evidencing coverage,
and thereafter wil provide such certificate(s) upon request. Such certificates shall (1) name the
other Party as an additional insured under commercial general liabilty coverage; (2) indicate
that coverage is primary and not excess of, or contributory with, any other valid and collectible
insurance purchased by the other Party; and (3) acknowledge severability of interest/cross
liability coverage.
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5.7 Force Majeure
5.7.1 Neither Party shall be liable for any delay or failure in performance of any part of
this Agreement from any cause beyond its control and without its fault or negligence including,
without limitation, acts of nature, acts of civil or military authority, government regulations,
embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear .
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accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental
disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event).
Inability to secure products or services of other Persons or transportation facilties or acts or
omissions of transportation carriers shall be considered Force Majeure Events to the extent any
delay or failure in performance caused by these circumstances is beyond the Party's control and
without that Party's fault or negligence. The Part affected by a Force Majeure Event shall give
prompt notice to the other Party, shall be excused from performance of its obligations hereunder
on a day to day basis to the extent those obligations are prevented by the Force Majeure Event,
and shall use reasonable efforts to remove or mitigate the Force Majeure Event. In the event of
a labor dispute or strike the Parties agree to provide service to each other at a level equivalent
to the level they provide themselves.
5.8 Limitation of Liabilty
5.8.1 Each Party's liabilty to the other Party for any loss relating to or arising out of any
act or omission in its performance under this Agreement, whether in contract, warranty, strict
liability, or tort, including (without limitation) negligence of any kind, shall be limited to the total
amount that is or would have been charged to the other Party by such breaching Party for the
service(s) or function(s) not performed or improperly performed. Each Party's liabilty to the
other Party for any other losses shall be limited to the total amounts charged to CLEC under this
Agreement during the contract year in which the cause accrues or arises. Payments pursuant
to the PAP shall not be counted against the limit provided for in this Section.
5.8.2 Neither Party shall be liable to the other for indirect, incidental, consequential, or
special damages, including (without limitation) damages for lost profits, lost revenues, lost
savings suffered by the other Party regardless of the form of action, whether in contract,
warranty, strict liability, tort, including (without limitation) negligence of any kind and regardless
of whether the Parties know the possibility that such damages could result. If the Parties enter
into a Performance Assurance Plan under this Agreement, nothing in this Section 5.8.2 shall
limit amounts due and owing under any Performance Assurance Plan.
5.8.3 Intentionally Left Blank.
5.8.4 Nothing contained in this Section shall limit either Party's liability to the other for
(i) wilful or intentional misconduct or (ii) damage to tangible real or personal property
proximately caused solely by such Party's negligent act or omission or that of their respective
agents, subcontractors, or employees.
5.8.5 Nothing contained in this Section 5.8 shall limit either Party's obligations of
indemnification specified in this Agreement, nor shall this Section 5.8 limit a Party's liability for
failng to make any payment due under this Agreement.
5.8.6 Intentionally Left Blank.
5.9 Indemnity
5.9.1 The Parties agree that unless otherwise specifically set forth in this Agreement
the following constitute the sole indemnification obligations between and among the Parties:
5.9.1.1 Each of the Parties agrees to release, indemnify, defend and hold
harmless the other Party and each of its officers, directors, employees and agents (each
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Terms and Conditions
an Indemnitee) from and against and in respect of any loss, debt, liabilty, damage,
obligation, claim, demand, judgment or settlement of any nature or kind, known or .
unknown, liquidated or unliquidated including, but not limited to, reasonable costs and
expenses (including attorneys' fees), whether suffered, made, instituted, or asserted by
any Person or entity, for invasion of privacy, bodily injury or death of any Person or
Persons, or for loss, damage to, or destruction of tangible property, whether or not
owned by others, resulting from the Indemnifying Party's breach of or failure to perform
under this Agreement, regardless of the form of action, whether in contract, warranty,
strict liability, or tort including (without limitation) negligence of any kind.
5.9.1.2 In the case of claims or loss alleged or incurred by an End User Customer
of either Party arising out of or in connection with services provided to the End User
Customer by the Party, the Party whose End User Customer alleged or incurred such
claims or loss (the Indemnifying Party) shall defend and indemnify the other Party and
each of its offcers, directors, employees and agents (collectively the Indemnified Party)
against any and all such claims or loss by the Indemnifying Party's End User Customers
regardless of whether the underlying service was provided or Unbundled Network
Element was provisioned by the Indemnified Party, unless the loss was caused by the
willful misconduct of the Indemnified Party. The obligation to indemnify with respect to
claims of the Indemnifying Party's End User Customers shall not extend to any claims for
physical bodily injury or death of any Person or persons, or for loss, damage to, or
destruction of tangible property, whether or not owned by others, alleged to have
resulted directly from the negligence or intentional conduct of the employees,
contractors, agents, or other representatives of the Indemnified Party.
5.9.1.3 Intentionally Left Blank..
5.9.1.4 Intentionally Left Blank.
5.9.2 The indemnification provided herein shall be conditioned upon:
5.9.2.1 The Indemnified Party shall promptly notify the Indemnifying Party of any
action taken against the Indemnified Party relating to the indemnification. Failure to so
notify the Indemnifying. Party shall not relieve the Indemnifying Party of any liability that
the Indemnifying Party might have, except to the extent that such failure prejudices the
Indemnifying Part's ability to defend such claim.
5.9.2.2 If the Indemnifying Part wishes to defend against such action, it shall
give written notice to the Indemnified Party of acceptance of the defense of such action.
In such event, the Indemnifying Party shall have sole authority to defend any such
action, including the selection of legal counsel, and the Indemnified Party may engage
separate legal counsel only at its sole cost and expense. In the event that the
Indemnifying Party does not accept the defense of the action, the Indemnified Party shall
have the right to employ counsel for such defense at the expense of the Indemnifying
Party. Each Party agrees to cooperate with the other Party in the defense of any such
action and the relevant records of each Part shall be available to the other Party with
respect to any such defense.
5.9.2.3 In no event shall the Indemnifying Party settle or consent to any judgment
pertaining to any such action without the prior written consent of the Indemnified Party.
In the event the Indemnified Party withholds consent, the Indemnified Party may, at its .
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cost, take over such defense, provided that, in such event, the Indemnifying Party shall
not be responsible for, nor shall it be obligated to indemnify the relevant Indemnified
Party against, any cost or liability in excess of such refused compromise or settlement.
5.10 Intellectual Propert
5.10.1 Except for a license to use any facilities or equipment (including softare) solely
for the purposes of this Agreement or to receive any service solely (a) as provided in this
Agreement or (b) as specifically required by the then-applicable federal and state rules and
regulations relating to Interconnection and access to Telecommunications facilities and
services, nothing contained within this Agreement shall be construed as the grant of a license,
either express or implied, with respect to any patent, copyright, trade name, trade mark, service
mark, trade secret, or other proprietary interest or intellectual prÇ)perty, now or hereafter owned,
controlled or licensable by either Party. Nothing in this Agreement shall be construed as the
grant to the other Party of any rights or licenses to trade or service marks.
5.10.2 Subject to Section 5.9.2, each Party (the Indemnifying Party) shall indemnify and
hold the other Party (the Indemnified Part) harmless from and against any loss, cost, expense
or liability arising out of a claim that the use of facilities of the Indemnifying Party or services
provided by the Indemnifying Party provided or used pursuant to the terms of this Agreement
misappropriates or otherwise violates the intellectual property rights of any third party. In
addition to being subject to the provisions of Section 5.9.2, the obligation for indemnification
recited in this paragraph shall not extend to infringement which results from (a) any combination
of the facilities or services of the Indemnifying Party with facilities or services of any other
Person (including the Indemnified Party but excluding the Indemnifying Party and any of its
Affiliates), which combination is not made by or at the direction of the Indemnifying Party or (b)
any modification made to the facilties or services of the Indemnifying Party by, on behalf of or at
the request of the Indemnified Party and not required by the Indemnifying Party. In the event of
any claim, the Indemnifying Party may, at its sole option (a) obtain the right for the Indemnified
Party to continue to use the facility or service; or (b) replace or modify the facility or service to
make such facilty or service non-infringing. If the Indemnifying Party is not reasonably able to
obtain the right for continued use or to replace or modify the facility or service as provided in the
preceding sentence and either (a) the facility or service is held to be infringing by a court of
competent jurisdiction or (b) the Indemnifying Party reasonably believes that the facilty or
service wil be held to infringe, the Indemnifying Party shall notify the Indemnified Party and the
Parties shall negotiate in good faith regarding reasonable modifications to this Agreement
necessary to (1) mitigate damage or comply with an injunction which may result from such
infringement or (2) allow cessation of further infringement. The Indemnifying Party may request
that the Indemnified Party take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting modifications to the facilties or
services, and such request shall not be unreasonably denied.
5.10.3 To the extent required under applicable federal and state law, CenturyLink shall
use its best efforts to obtain, from its vendors who have licensed intellectual property rights to
CenturyLink in connection with facilities and services provided hereunder, licenses under such
intellectual property rights as necessary for CLEC to use such facilities and services as
contemplated hereunder and at least in the same manner used by CenturyLink for the facilities
and services provided hereunder. CenturyLink shall notify CLEC immediately in the event that
CenturyLink believes it has used its best efforts to obtain such rights, but has been unsuccssful
in obtaining such rights.
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5.10.3.1 CenturyLink covenants that it wil not enter into any licensing agreements
with respect to any CenturyLink facilities, equipment or services, including softare, that .
contain provisions that would disqualify CLEC from using or interconnecting with such
facilities, equipment or services, including softare, pursuant to the terms of this
Agreement. CenturyLink warrants and further covenants that it has not and wil not
knowingly modify any existing license agreements for any network facilities, equipment
or services, including softare, in whole or in part for the purpose of disqualifying CLEC
from using or interconnecting with such facilities, equipment or services, including
softare, pursuant to the terms of this Agreement. To the extent that providers of
facilities, equipment, services or softare in CenturyLink's network provide CenturyLink
with indemnities covering intellectual property liabilties and those indemnities allow a
flow-through of protection to third parties, CenturyLink shall flow those indemnity
protections through to CLEC.
5.10.4 Except as expressly provided in this Intellectual Property Section, nothing in this
Agreement shall be construed as the grant of a license, either express or implied, with respect
to any patent, copyright, logo, trademark, trade name, trade secret or any other intellectual
property right now or hereafter owned, controlled or licensable by either Party. Neither Part
may use any patent, copyright, logo, trademark, trade name, trade secret or other intellectual
property rights of the other Party or its Affliates without execution of a separate agreement
between the Parties.
5.10.5 Neither Party shall without the express written permission of the other Party,
state or imply that: 1) it is connected, or in any way affliated with the other or its Affiliates; 2) it
is part of a joint business association or any similar arrangement with the other or its Affilates;
3) the other Party and its Affliates are in any way sponsoring, endorsing or certifying it and its
goods and services; or 4) with respect to its marketing, advertising or promotional activities or
materials, the resold goods and services are in any way associated with or originated from the
other or any of its Affiliates. Nothing in this paragraph shall prevent either Part from truthfully
describing the Network Elements it uses to provide service to its End User Customers, provided
it does not represent the Network Elements as originating from the other Party or its Affiliates in
any marketing, advertising or promotional activities or materials.
.
5.10.6 For purposes of resale only and notwithstanding the above, unless otherwise
prohibited by CenturyLink pursuant to an applicable provision herein, CLEC may use the phrase
"CLEC is a Reseller of CenturyLink Services" (the Authorized Phrase) in CLEC's printed
materials provided:
5.10.6.1 The Authorized Phrase is not used in connection with any goods or
services other than CenturyLink services resold by CLEC.
5.10.6.2 CLEC's use of the Authorized Phrase does not cause End User
Customers to believe that CLEC is CenturyLink.
5.10.6.3 The Authorized Phrase, when displayed, appears only in text form (CLEC
may not use the CenturyLink logo) with all letters being the same font and point size.
The point size of the Authorized Phrase shall be no greater than one fourth the point size
of the smallest use of CLEC's name and in no event shall exceed 8 point size.
5.10.6.4 CLEC shall provide all printed materials using the Authorized Phrase toCenturyLink for its prior written approvaL. .
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5.10.6.5 If CenturyLink determines that CLEC's use of the Authorized Phrase
causes End User Customer confusion, CenturyLink may immediately terminate CLEC's
right to use the Authorized Phrase.
5.10.6.6 Upon termination of CLEC's right to use the Authorized Phrase or
termination of this Agreement, all permission or right to use the Authorized Phrase shall
immediately cease to exist and CLEC shall immediately cease any and all such use of
the Authorized Phrase. CLEC shall either promptly return to CenturyLink or destroy all
materials in its possession or control displaying the Authorized Phrase.
5.10.7 CenturyLink and CLEC each recognize that nothing contained in this Agreement
is intended as an assignment or grant to the other of any right, title or interest in or to the
trademarks or service marks of the other (the Marks) and that this Agreement does not confer
any right or license to grant sublicenses or permission to third parties to use the Marks of the
other and is not assignable. Neither Party wil do anything inconsistent with the other's
ownership of their respective Marks, and all rights, if any, that may be acquired by use of the
Marks shall inure to the benefit of their respective Owners. The Parties shall comply with all
Applicable Law governing Marks worldwide and neither Party wil infringe the Marks of the other.
5.10.8 Upon request, for all intellectual property owned or controlled by a third party and
licensed to CenturyLink associated with the Unbundled Network Elements provided by
CenturyLink under this Agreement, either on the Effective Date or at any time during the term of
the Agreement, CenturyLink shall within ten (10) business days, unless there are extraordinary
circumstances in which case CenturyLink wil negotiate an agreed upon date, then disclose to
CLEC in writing (i) the name of the Party owning, controllng or licensing such intellectual
property, (ii) the facilities or equipment associated with such intellectual property, (ii) the nature
of the intellectual property, and (iv) the relevant agreements or licenses governing CenturyLink's
use of the intellectual property. Except to the extent CenturyLink is prohibited by confidentiality
or other provisions of an agreement or license from disclosing to CLEC any relevant agreement
or license within ten (10) business days of a request by CLEC, CenturyLink shall provide copies
of any relevant agreements or licenses governing CenturyLink's use of the intellectual property
to CLEC. To the extent CenturyLink is prohibited by confidentiality or other provisions of an
agreement or license from disclosing to CLEC any relevant agreement or license, CenturyLink
shall immediately, within ten (10) business days (i) disclose so much of it as is not prohibited,
and (ii) exercise best efforts to cause the vendor, licensor or other beneficiary of the
confidentiality provisions to agree to disclosure of the remaining portions under terms and
conditions equivalent to those governing access by and disclosure to CenturyLink.
5.11 Warranties
5.11.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES AGREE
THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY WARRANTY,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL PRODUCTS AND SERVICES
PROVIDED HEREUNDER ARE PROVIDED "AS IS," WITH ALL FAULTS.
5.12 Assignment
5.12.1 Neither Party may assign or transfer (whether by operation of law or otherwise)
this Agreement (or any nghts or obligations hereunder) to a third part without the prior written
consent of the other Party. Notwithstanding the foregoing, either Party may assign or transfer
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Terms and Conditions
this Agreement to a corporate Affiliate or an entity under its common control; without the
consent of the other Party, provided that the performance of this Agreement by any such .
assignee is guaranteed by the assignor. Any attempted assignment or transfer that is not
permitted is void ab initio. Without limiting the generality of the foregoing, this Agreement shall
be binding upon and shall inure to the benefi of the Parties' respective successors and assigns.
5.12.2 In the event that CenturyLink transfers to any unaffiliated party exchanges
including End User Customers that CLEC serves in whole or in part through facilities or services
provided by CenturyLink under this Agreement, the transferee shall be deemed a successor to
CenturyLink's responsibilities hereunder for a period of ninety (90) Days from notice to CLEC of
such transfer or until such later time as the Commission may direct pursuant to the
Commission's then applicable statutory authority to impose such responsibilities either as a
condition of the transfer or under such other state statutory authority as may give it such power.
In the event of such a proposed transfer, CenturyLink shall use its best efforts to facilitate
discussions between CLEC and the transferee with respect to transferee's assumption of
CenturyLink's obligations pursuant to the terms of this Agreement.
5.12.3 Nothing in this section is intended to restrict CLEC's rights to opt into
interconnection agreements under Section 252(i) of the Act and 47 C.F.R. § 51.809.
5.13 Default
5.13.1 If either Party defaults in the payment of any amount due hereunder, or if either
Party violates any other material provision of this Agreement, and such default or violation shall
continue for thirty (30) Days after written notice thereof, the other Party may seek relief in
accordance with the Dispute Resolution provision of this Agreement. The failure of either Party
to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not
be construed as a general waiver or relinquishment on its part of any such provision, but the
same shall, nevertheless, be and remain in full force and effect.
.
5.14 Disclaimer of Agency
5.14.1 Except for provisions herein expressly authorizing a Party to act for another,
nothing in this Agreement shall constitute a Party as a legal representative or agent of the other
Party, nor shall a Party have the right or authority to assume, create or incur any liability or any
obligation of any kind, express or implied, against or in the name or on behalf of the other Party
unless otherwise expressly permitted by such other Party. Except as otherwise expressly
provided in this Agreement, no Party undertakes to perform any obligation of the other Part
whether regulatory or contractual, or to assume any responsibility for the management of the
other Part's business.
5.15 Severabilty
5.15.1 In the event that anyone or more of the provisions contained herein shall for any
reason be held to be unenforceable or invalid in any respect under law or regulation, the Parties
wil negotiate in good faith for replacement language as set forth herein. If any part of this
Agreement is held to be invalid or unenforceable for any reason, such invalidity or
unenforceabilty wil affect only the portion of this Agreement which is invalid or unenforceable.
In all other respects, this Agreement will stand as if such invalid or unenforceable provision had
not been a part hereof, and the remainder of this Agreement shall remain in full force and effect..
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Terms and Conditions
5.16 Nondisclosure
5.16.1 All information, including but not limited to specifications, microfilm, photocopies,
magnetic disks, magnetic tapes, drawings, sketches, models, samples, tools, technical
information, data, employee records, maps, financial reports, and market data, (i) furnished by
one Party to the other Party dealing with business or marketing plans, End User Customer
specific, facility specific, or usage specific information, other than End User Customer
information communicated for the purpose of providing Directory Assistance or publication of
directory database, or (ii) in written, graphic, electromagnetic, or other tangible form and marked
at the time of delivery as "Confidential" or "Proprietary", or (iii) communicated and declared to
the receiving Party at the time of delivery, or by written notice given to the receiving Party within
ten (10) Days after delivery, to be "Confidential" or "Proprietary" (collectively referred to as
"Proprietary Information"), shall remain the property of the disclosing Party. A Party who
receives Proprietary Information via an oral communication may request written confirmation
that the material is Proprietary Information. A Party who delivers Proprietary Information via an
oral communication may request written confirmation that the Party receiving the information
understands that the material is Proprietary Information. Each Party shall have the right to
correct an inadvertent failure to identify information as Proprietary Information by giving written
notification within thirty (30) Days after the information is disclosed. The receiving Party shall
from that time forward, treat such information as Proprietary Information. To the extent
permitted by Applicable Law, either Party may disclose to the other proprietary or confidential
customer, technical or business information.
5.16.2 Upon request by the disclosing Party, the receiving Party shall return all tangible
copies of Proprietary Information, whether written, graphic or otherwise, except that the
receiving Party may retain one copy for archival purposes.
5.16.3 Each Party shall keep all of the other Party's Proprietary Information confidential
and will disclose it on a need to know basis only. Each Party shall use the other Party's
Proprietary Information only in connection with this Agreement and in accordance with
Applicable Law, including but not limited to, 47 U.S.C. § 222. In accordance with Section 222 of
the Act, when either Party receives or obtains Proprietary Information from the other Party for
purposes of providing any Telecommunications Services, that Party shall use such information
only for such purpose, and shall not use such information for its own marketing efforts. Neither
Party shall use the other Party's Proprietary Information for any other purpose except upon such
terms and conditions as may be agreed upon between the Parties in writing. Violations of these
obligations shall subject a Party's employees to disciplinary action up to and including
termination of employment. If either Party loses, or makes an unauthorized disclosure of, the
other Party's Proprietary Information, it wil notify such other Party immediately and use
reasonable efforts to retrieve the information.
5.16.4 Unless otherwise agreed, the obligations of confidentiality and non-use set forth
in this Agreement do not apply to such Proprietary Information as:
a) was at the time of receipt already known to the receiving Party free of any
obligation to keep it confidential evidenced by written records prepared prior to delivery
by the disclosing Party; or
b) is or becomes publicly known through no wrongful act of the receiving Part; or
c)is rightfully received from a third Person having no direct or indirect secrecy or
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Terms and Conditions
confidentiality obligation to the disclosing Part with respect to such information; or
d) is independently developed by an employee, agent, or contractor of the
receiving Party which individual is not involved in any manner with the provision of
services pursuant to the Agreement and does not have any direct or indirect access to
the Proprietary Information; or
e) is disclosed to a third Person by the disclosing Party without similar restrictions
on such third Person's rights; or
f) is approved for release by written authorization of the disclosing Party; or
g) is required to be disclosed by the receiving Party pursuant to Applicable Law or
regulation provided that the receiving Party shall give sufficient notice of the requirement
to the disclosing Party to enable the disclosing Party to seek protective orders.
5.16.5 Nothing herein is intended to prohibit a Party from supplying factual information
about its network and Telecommunications Services on or connected to its network to regulatory
agencies including the Federal Communications Commission and the Commission so long as
any confidential obligation is protected. In addition either Party shall have the right to disclose
Proprietary Information to any mediator, arbitrator, state or federal regulatory body, the
Department of Justice or any court in the conduct of any proceeding arising under or relating in
any way to this Agreement or the conduct of either Party in connection with this Agreement,
including without limitation the approval of this Agreement, or in any proceedings concerning the
provision of InterLAT A services by CenturyLink that are or may be required by the Act. The
Parties agree to cooperate with each other in order to seek appropriate protection or treatment .
of such Proprietary Information pursuant to an appropriate protective order in any such
proceeding.
.
5.16.6 Effective Date of this Section. Notwithstanding any other provision of this
Agreement, the Proprietary Information provisions of this Agreement shall apply to all
information furnished by either Party to the other in furtherance of the purpose of this
Agreement, even if furnished before the Effective Date.
5.16.7 Each Party agrees that the disclosing Party could be irreparably injured by a
breach of the confidentiality obligations of this Agreement by the receiving Part or its
representatives and that the disclosing Party shall be entitled to seek equitable relief, including
injunctive relief and specific performance in the event of any breach of the confidentiality
provisions of this Agreement. Such remedies shall not be deemed to.be the exclusive remedies
for a breach of the confidentiality provisions of this Agreement, but shall be in addition to all
other remedies available at law or in equity.
5.16.8 Nothing herein should be construed as limiting either Party's rights with respect
to its own Proprietary Information or its obligations with respect to the other Party's Proprietary
Information under Section 222 of the Act.
5.16.9 Forecasts provided by either Party to the other Party shall be deemed
Confidential Information and the Parties may not distribute, disclose or reveal, in any form, this
material other than as allowed and described in subsections 5.16.9.1 and 5.16.9.2.
5.16.9.1 The Parties may disclose, on a need to know basis only, CLEC individual .
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Section 5
Terms and Conditions.forecasts and forecasting information disclosed by CenturyLink, to CenturyLink's legal
personnel in connection with their representation of CenturyLink in any dispute regarding
the quality or timeliness of the forecast as it relates to any reason for which CLEC
provided it to CenturyLink under this Agreement, as well as to CLEC's wholesale
account managers, wholesale LIS and Collocation product managers, network and
growth planning personnel responsible for preparing or responding to such forecasts or
forecasting information. In no case shall retail marketing, sales or strategic planning
have access to this forecasting information. The Parties wil inform all of the
aforementioned personnel with access to such Confidential Information, of its
confidential nature and will require personnel to execute a nondisclosure agreement
which states that, upon threat of termination, the aforementioned personnel may not
reveal or discuss such information with those not authorized to receive it except as
specifically authorized by law. Violations of these requirements shall subject the
personnel to disciplinary action up to and including termination of employment.
5.16.9.1.1 Upon the specific order of the Commission, CenturyLink may
provide the forecast information that CLEC has made available to CenturyLink
under this Agreement, provided that CenturyLink shall first initiate any
procedures necessary to protect the confidentiality and to prevent the public
release of the information pending any applicable Commission procedures and
further provided that CenturyLink provides such notice as the Commission directs
to CLEC involved, in order to allow it to prosecute such procedures to their
completion..5.16.9.2 The Parties shall maintain confidential forecasting information in secure
files and locations such that access to the forecasts is limited to the personnel
designated in subsection 5.16.9.1 above and such that no other personnel have
computer access to such information.
5.17 Survival
5.17.1 Any liabilities or obligations of a Party for acts or omissions prior to the
termination of this Agreement, and any obligation of a Party under the provisions regarding
indemnification, Confidential or Proprietary Information, limitations of liability, and any other
provisions of this Agreement which, by their terms, are contemplated to survive (or to be
performed after) termination of this Agreement, shall survive cancellation or termination hereof.
5.18 Dispute Resolution
.
5.18.1 The Parties wil attempt in good faith to resolve through negotiation any dispute,
claim or controversy arising out of, or relating to, this Agreement. Either Party may give written
notice to the other Party of any dispute not resolved in the normal course of business. Each
Party wil within seven (7) Days after delivery of the written notice of dispute, designate a vice-
president level employee or a representative with authority to make commitments to review,
meet, and negotiate, in good faith, to resolve the dispute. The Parties intend that these
negotiations be conducted by non-lawyer, business representatives, and the locations, format,
frequency, duration, and conclusions of these discussions wil be at the discretion of the
representatives. By mutual. agreement, the representatives may use other procedures to assist
in these negotiations. The discussions and correspondence among the representatives for the
purposes of these negotiations wil be treated as Confidential Information (Confidential
Information) developed for purposes of settlement, and wil be exempt from discovery and
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Terms and Conditions
production, and not be admissible in any subsequent proceedings without the concurrence ofboth Parties. .
5.18.2 If the designated representatives have not reached a resolution of the dispute
within fifteen (15) Days after the written notice (or such longer period as agreed to in writing by
the Parties), then either Party may commence an action which wil be brought before the
Commission or the FCC. If the claims are not within the jurisdiction or the scope of the statutory
authority of the Commission or the FCC, or if the Party commencing the action seeks a
judgment for money damages, including, but not limited to, payment of amounts biled, any
action wil be brought in the United States District Court for the District of Colorado if it has
subject matter jurisdiction over the action, and if not, in the Denver District Court for the State of
Colorado. The Parties agree that such courts have personal jurisdiction over them.
5.18.3 Waiver of Jury Trial and Class Action. Each Party, to the extent permitted by
law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to
pursue any claim or action arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
5.18.4 No cause of action, including disputes raised pursuant to Section 5.4.4,
regardless of the form, arising out of or relating to this Agreement, may be brought by either
Party more than two (2) years after the cause of action arises.
5.19 Controllng Law
5.19.1 This Agreement is offered by CenturyLink and accepted by CLEC in accordance
with applicable federal law and the state law of Idaho. It shall be interpreted solely in
accordance with applicable federal law and the state law of Idaho..
5.20 Responsibilty for Environmental Contamination
5.20.1 Neither Party shall be liable to the other for any costs whatsoever resulting from
the presence or release of any Environmental Hazard that either Party did not introduce to the
affected Work Location. Both Parties shall defend and hold harmless the other, its officers,
directors and employees from and against any losses, damages, claims, demands, suits,
liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of
or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents
introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for
which the Indemnifying Party is responsible under Applicable Law.
5.20.2 In the event any suspect materials within CenturyLink -owned, operated or
leased facilities are identified to be asbestos containing, CLEC wil ensure that to the extent any
activities which it undertakes in the facility disturb such suspect materials, such CLEC.activities
wil be in accordance with applicable local, state and federal environmental and health and
safety statutes and regulations. Except for abatement activities undertaken by CLEC or
equipment placement activities that result in the generation of asbestos-containing material,
CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any
liabilty for, or in connection with, any asbestos-containing materiaL. CenturyLink agrees to
immediately notify CLEC if CenturyLink undertakes any asbestos control or asbestos abatement
activities that potentially could affect CLEC personnel, equipment or operations, including, but
not limited to, contamination of equipment..
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5.21 Notices
Section 5
Terms and Conditions
5.21.1 Any notices required by or concerning this Agreement shall be in writing and
shall be sufficiently given if delivered personally, delivered by prepaid overnight express service,
or sent by certified mail, return receipt requested, or by email where specified in this Agreement
to CenturyLink and CLEC at the addresses shown below:
CenturvLink:
Director - Interconnection Agreements
930 15th Street, 6th Floor
Denver, CO 80202
Phone: [phone]
Email: intagreeCWcenturvlink.com
CLEC:
Brandon Clyde
Owner
Infiniti Security
909 3rd Street South
Nampa, ID 83651
Phone: [phone]
Email: brandonclydeCWinfiniti-security.com
With copy to:
CenturyLink Law Department
Wholesale Interconnection
1801 California Street, 9th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.lnterconnectionCWcenturvlink.com
If personal delivery is selected to give notice, a receipt acknowledging such delivery must be
obtained. Each Party shall inform the other of any change in the above contact Person and/or
address using the method of notice called for in this Section 5.21.
5.22 Responsibilty of Each Party
5.22.1 Each Party is an independent contractor, and has and hereby retains the right to
exercise full control of and supervision over its own performance of its obligations under this
Agreement and retains full control over the employment, direction, compensation and discharge
of all employees assisting in the performance of such obligations. Each Party will be solely
responsible for all matters relating to payment of such employees, including compliance with
social security taxes, withholding taxes and all other regulations governing such matters. Each
Party wil be solely responsible for proper handling, storage, transport and disposal at its own
expense of all (i) substances or materials that it or its contractors or agents bring to, create or
assume control over at Work Locations, and (ii) Waste resulting there from or otherwise
generated in connection with its or its contractors' or agents' activities at the Work Locations.
Subject to the limitations on liability and except as otherwise provided in this Agreement, each
Party shall be responsible for (i) its own acts and performance of all obligations imposed by
Applicable Law in connection with its activities, legal status and property, real or personal, and
(ii) the acts of its own Affiliates, employees, agents and contractors during the performance of
that Party's obligations hereunder.
5.23 No Third Party Beneficiaries
5.23.1 The provisions of this Agreement are for the benefit of the Parties and not for any
other Person. This Agreement will not provide any Person not a Party to this Agreement with
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any remedy, claim, liabilty, reimbursement, claim of action, or other right in excess of thoseexisting by reference in this Agreement. .
5.24 Intentionally Left Blank
5.25 Publicity
5.25.1 Neither Party shall publish or use any publicity materials with respect to the
execution and delivery or existence of this Agreement without the prior written approval of the
other Party. Nothing in this section shall limit a Party's ability to issue public statements with
respect to regulatory or judicial proceedings.
5.26 Executed in Counterpart
5.26.1 This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original; but such counterparts shall together constitute one and the same
instrument.
5.27 Compliance
5.27.1 Each Party shall comply with all applicable federal, state, and local laws, rules
and regulations applicable to its performance under this Agreement. Without limiting the
foregoing, CenturyLink and CLEC agree to keep and maintain in full force and effect all permits,
licenses, certificates, and other authorities needed to perform their respective obligations
hereunder.
5.28 Compliance with the Communications Assistance Law Enforcement Act of
1994
.
5.28.1 Each Party represents and warrants that any equipment, facilities or services
provided to the other Party under this Agreement comply with the CALEA. Each Party shall
indemnify and hold the other Party harmless from any and all penalties imposed upon the other
Party for such noncompliance and shall at the non-compliant Party's sole cost and expense,
modify or replace any equipment, facilities or services provided to the other Party under this
Agreement to ensure that such equipment, facilties and services fully comply with CALEA.
5.29 Cooperation
5.29.1 The Parties agree that this Agreement involves the provision of CenturyLink
services in ways such services were not previously available and the introduction of new
processes and procedures to provide and bil such services. Accordingly, the Parties agree to
work jointly and cooperatively in testing and implementing processes for pre-ordering, ordering,
maintenance, Provisioning and Biling and in reasonably resolving issues which result from such
implementation on a timely basis. Electronic processes and procedures are addressed in
Section 12 of this Agreement.
5.30 Amendments
5.30.1 Either Party may request an amendment to this Agreement at any time by
providing to the other Party in writing information about the desired amendment and proposed .
language changes. If the Parties have not reached agreement on the requested amendment
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Terms and Conditions
within sixty (60) Days after receipt of the request, either Party may pursue resolution of the
amendment through the Dispute Resolution provisions of this Agreement.
5.30.2 Intentionally Left Blank.
5.30.3 The provisions of this Agreement, including the provisions of this sentence, may
not be amended, modified or supplemented, and waivers or consents to departures from the
provisions of this Agreement may not be given without the written consent thereto by both
Parties' authorized representative. No waiver by any party of any default, misrepresentation, or
breach of warranty or covenant hereunder, whether intentional or not, wil be deemed to extend
to any prior or subsequent default, misrepresentation, or breach of warranty or covenant
hereunder or affect in any way any rights arising by virtue of any prior or subsequent such
occurrence.
5.31 Entire Agreement
This Agreement (including the documents referred to herein and any amendments to the
Agreement) constitutes the full and entire understanding and agreement between the Parties
with regard to the subjects of this Agreement and supersedes any prior understandings,
agreements, or representations by or between the Parties, written or oral, to the extent they
relate in any way to the subjects of this Agreement.
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Section 6
Resale
Section 6.0 - RESALE
6.1 Description .
6.1.1 CenturyLink shall offer for resale at wholesale rates any Telecommunications
Services that it provides at retail to subscribers who are not Telecommunications Carriers,
subject to the terms and conditions of this Section. All CenturyLink retail Telecommunications
Services are available for resale from CenturyLink pursuant to the Act and wil include terms
and conditions (except prices) in CenturyLink's applicable product Tariffs, catalogs, price lists, or
other retail Telecommunications Services offerings. To the extent, however, that a conflict
arises between the terms and conditions of the Tariff, catalog, price list, or other retail
Telecommunications Services offering and this Agreement, this Agreement shall be controllng.
6.1.2 While this Section 6.0 of this Agreement addresses the provision of certain
CenturyLink services to CLEC for resale by CLEC, the Parties also acknowledge that CLEC is
required to provide its Telecommunications Services to CenturyLink for resale by CenturyLink.
Upon request by CenturyLink, CLEC shall make its Telecommunications Services available to
CenturyLink for resale pursuant to the applicable provisions of the Telecommunications Act of
1996, the FCC's relevant orders and rules, and the Commission's relevant orders and rules.
6.1.3 Certain CenturyLink services are not available for resale under this Agreement,
as noted in Section 6.2. The applicable discounts for services available for resale are identified
in Exhibit A.
6.2 Terms and Conditions
6.2.1 CenturyLink shall offer introductory training on procedures that CLEC must use .
to access CenturyLink's ass at no cost to CLEC. If CLEC asks CenturyLink personnel to travel
to CLEC's location to deliver training, CLEC wil pay CenturyLink's reasonable travel related
expenses. CenturyLink may also offer to CLEC other training at reasonable costs.
6.2.2 Services available for resale under this Agreement may be resold only to the
same class of End User Customers to which CenturyLink sells such services where such
restrictions have been ordered or approved by the Commission. Such restrictions are listed
below in this Section 6.2.2.
6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale.
Such promotions are available for resale under the same terms and conditions that are
available to CenturyLink retail End User Customers, with no wholesale discount. Should
CenturyLink re-offer any promotion for a sequential ninety (90) Day or less promotion
period following the initial ninety (90) Day or less promotion period, then the initial and
subsequent promotion(s) wil be available to CLEC for resale with any applicable
wholesale discount.
6.2.2.2 Market trials of ninety (90) days or less are not available for resale.
6.2.2.3 Residential services and telephone assistance plans (TAP), including but
not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by
CLEC only to the same class of End User Customers eligible to purchase these services
from CenturyLink..
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Resale.6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must
secure TAP credits directly from the appropriate federal or state agency(ies) as
CènturyLink wil not collect TAP credits on an ETC's behalf.
6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services,
CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC
and any applicable state requirements governing TAP programs. CLEC shall
complete and provide such certification to CenturyLink before CLEC purchases
TAP services for resale, and shall re-certifyannually. The certification form and
instructions are provided at CenturyLink's web site in the Resale General Product
Catalog. Use of the CenturyLink certification form is mandatory to demonstrate
compliance with the requirements of this Section.
6.2.2.4 Universal Emergency Number Service is not available for resale.
Universal Emergency Number Service (E911/911 service) is provided with each local
Exchange Service line resold by CLEC whenever E911/911 service would be provided
on the same line if provided by CenturyLink to a CenturyLink retail End User Customer.
6.2.2.5 Inside wiring maintenance plans are available for resale at CenturyLink
retail rates with no wholesale discount. Other non-Telecommunications Services such
as inside wiring installation, callng cards and CPE, are not available for resale.
6.2.2.6 Voice messaging service is available for resale at the retail rate with no
discount. Enhanced Services and information services, other than voice messaging, are
not available for resale..6.2.2.7 CenturyLink wil make retail Contract Service Arrangements (CSA)
available for resale at the wholesale discount rate specified in Exhibit A of this
Agreement. All terms and conditions (except prices) in CenturyLink's applicable Tariffs,
catalogs, price lists, or other retail Telecommunications Services offerings wil apply to
resale of CSAs, including early termination liability. Nothing in this Agreement shall
affect any obligation of any CenturyLink retail End User Customer that early terminates a
CSA, including payment of any early termination charges. Where CLEC seeks to
continue serving an End User Customer presently served through a resold CenturyLink
CSA, but wishes to provide such service through alternate resale arrangements,
CenturyLink shall provide CLEC the same waivers of early termination liabilities as it
makes to its own End User Customers in similar circumstances. In any case where it is
required to offer such a waiver, CenturyLink shall be entitled to apply provisions that
provide CenturyLink substantially the same assurances and benefits that remained to it
under the resold agreement as of the time it is changed.
6.2.2.8 Grandfathered services are available for resale by CLEC to existing End
User Customers of the grandfathered product or service.
6.2.2.9 Centrex terms and conditions related to calculation of charges for, and
Provisioning of common blocks, station lines and optional features wil be based on the
Centrex definition of a system and CLEC's serving location.
6.2.2.9.1 Where a common block is applicable, a Centrex system is
defined by a single common block or multiple common blocks for a single CLEC
within a single Central Offce switching system. A common block defines the.
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dialing plan for intercom callng, access to the Public Switched Network and/or
private facilities, station line and system restrictions and feature access
arrangements and functionality. CLEC may purchase multiple common blocks
within a single Central Office switching system when CLEC requires different
dialing plans, feature access arrangements and station line or system restrictions
within a single system operation. CLEC with multiple common blocks within the
same Central Office Switch may have network access register and private facility
trunk groups aggregated across multiple common blocks. Centrex system based
optional features (Le., Automatic Route Selection) may not be aggregated across
multiple common blocks. A Centrex system must provide station lines to at least
one (1) location and may provide station lines to multiple locations.
6.2.2.9.2 Centrex station lines are provisioned and charges are calculated
based on serving CLEC's location. A location is defined as the site where
CenturyLink facilities (cable plant from the serving Central Office Switch) meet
CLEC facilities (inside wire). In a multi-tenant building, CenturyLink may bring
facilities directly to a single Point of Interconnection with CLEC facilities, typically
in a basement equipment room, which would be considered a single location for
this multi-tenant building. Should CenturyLink bring service to multiple floors or
offices within a multi-tenant building each floor or office with a separate CLEC
facilities termination point is considered a location. Where CLEC has multiple
buildings within contiguous property (campus), such buildings wil be provisioned
and biled as a single location. Contiguous property is defined as property owned
or leased by CLEC and not separated by public thoroughfare, river or railroad
rights-of-way. Property wil be considered contiguous when connected via
connecting passageways or conduit acceptable to CenturyLink for its facilities.
Where CLEC has Centrex station lines from multiple Central Office switching
systems, within the same CenturyLink Wire Center, and provisioned to the same
location, CLEC wil not be charged for service or provisioned as if service was
originating from a single Centrex system. For example, station lines may only be
aggregated from a single CLEC Centrex system to a single CLECserving
location for rating purposes. CLEC may not specify a Central Office as CLEC's
location for the termination of Centrex station lines.
6.2.2.10 Private line service used for Special Access is available for resale but not
at a discount.
6.2.2.11 Intentionally Left Blank.
6.2.2.12 Telecommunications Services provided directly to CLEC for its own use
and not resold to End User Customers must be identified by CLEC as such, and CLEC
wil pay CenturyLink retail prices for such services.
.
.
6.2.3 CenturyLink shall provide to CLEC Telecommunications Services for resale that
are at least equal in quality and in substantially the same time and manner that CenturyLink
provides these services to itself, its subsidiaries, its Affliates, other Resellers, and CenturyLink's
retail End User Customers. CenturyLink shall also provide resold services to CLEC in
accordance with the Commission's retail service quality requirements, if any. CenturyLink
further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as
a result of CenturyLink's failure to provide service to CLEC, subject to the understanding that .
any payments made pursuant to this provision wil be an offset and credit toward any other
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Resale.penalties voluntarily agreed to by CenturyLink as part of a performance assurance plan, and
further subject to the following provisions:
6.2.3.1 CenturyLink shall provide service credits to CLEC for resold services in
accordance with the Commission's retail service requirements that apply to CenturyLink
retail services, if any. Such credits shall be limited in accordance with the following:
a) CenturyLink's service credits to CLEC shall be subject to the wholesale
discount;
b) CenturyLink shall only be liable to provide service credits in accordance
with the resold services provided to CLEC. CenturyLink is not required to
provide service credits for service failures that are the fault of CLEC;
c) Intentionally Left Blank.
d) Intentionally Left Blank.
e) In no case shall CenturyLink's credits to CLEC exceed the amount
CenturyLink would pay a CenturyLink End User Customer under the service
quality requirements, less any wholesale discount applicable to CLEC's resold
services; and
.f) In no case shall CenturyLink be required to provide duplicate
reimbursement or payment to CLEC for any service quality failure incident.
6.2.3.2 Fines and Penalties - CenturyLink shall be liable to pay to CLEC fines
and penalties for resold services in accordance with the Commission's retail service
requirements that apply to CenturyLink retail services, if any. Such credits shall be
limited in accordance with the following:
a) CenturyLink's fines and penalties paid to CLEC shall be subject to the
wholesale discount;
b) CenturyLink shall only be liable to provide fines and penalties in
accordance with the resold services provided to CLEC. CenturyLink is not
required to pay fines and penalties for service failures that are the fault of CLEC;
.
c) Intentionally Left Blank.
d) In no case shall CenturyLink's fines and penalties to CLEC exceed the
amount CenturyLink would pay the Commission under the service quality plan,
less any wholesale discount applicable to CLEC's resold services; and
e) In no case shall CenturyLink be required to provide duplicate
reimbursement or payment to CLEC for any service quality failure incident.
6.2.4 In the event that there are existing agreements between CLEC and CenturyLink
for resale under CenturyLink retail Tariffs, catalogs, price lists, or other retail
Telecommunications Services offerings, CLEC may elect to continue to obtain services for
resale under the existing agreements and such retail Tariffs, catalogs, price lists, or other retail
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Telecommunications Services offerings, or CLEC may elect to terminate such existing
agreements and obtain such services by adopting this Agreement pursuant to the General .
Terms of this Agreement. If CLEC so adopts this Agreement, the associated wholesale
discount specified in Exhibit A of this Agreement wil apply.
6.2.5 Intentionally Left Blank.
6.2.6 The Parties may not reserve blocks of telephone numbers except as allowed by
Applicable Law or regulation.
6.2.7 CenturyLink wil accept at no charge one (1) primary white pages Directory
Listing for each main telephone number belonging to CLEC's End User Customer based on End
User Customer information provided to CenturyLink by CLEC. CenturyLink wil place CLEC's
End User Customer's Listings in CenturyLink's Directory Assistance Database and wil include
such Listings in CenturyLink's Directory Assistance Service. Additional terms and conditions
with respect to Directory Listings are described in the Ancilary Services Section and the
CenturyLink's Official Directory Publisher Section of this Agreement.
6.2.8 CenturyLink shall provide to CLEC, for CLEC's End User Customers, E911/911
call routing to the appropriate Public Safety Answering Point (PSAP). CenturyLink shall not be
responsible for any failure of CLEC to provide accurate End User Customer information for
listings in any databases in which CenturyLink is required to retain and/or maintain such
information. CenturyLink shall provide CLEC's End User Customer information to the Automatic
Location Identification/Database Management System (ALlIDMS). CenturyLink shall use its
standard process to update and maintain CLEC's End User Customer service information in the
ALI/DMS used to support E911/911 services on the same schedule that it uses for its retail End .
User Customers. CenturyLink assumes no liability for the accuracy of information provided by
CLEC.
6.2.9 If CenturyLink provides and CLEC accepts CenturyLink's Directory Assistance
Service or operator services for CLEC's resold local Exchange Service lines, such Directory
Assistance and operator services may be provided with branding as provided in this Agreement
in Sections 10.5 for Directory Assistance Service, and 10.7 for operator services.
6.2.10 CLEC shall designate the Primary Interexchange Carrier (PIC) assignments on
behalf of its End User Customers for InterLATA and IntraLATA services. CLEC and
CenturyLink shall follow all Applicable Laws, rules and regulations with respect to PiC changes.
CenturyLink shall disclaim any liability for CLEC's improper InterLATA and IntraLATA PIC
change requests, and CLEC shall disclaim any liability for CenturyLink's improper InterLA TA
(when applicable) and IntraLA TA PIC change requests.
6.2.11 When End User Customers switch from CenturyLink to CLEC, or to CLEC from
any other Reseller and if they do not change their service address to an address served by a
different Rate Center, such End User Customers shall be permitted to retain their current
telephone numbers if they so desire and if such number retention is not prohibited by Applicable
Laws or regulations for number administration and Local Number Portability (LNP).
6.2.12 In the event CenturyLink properly terminates the Provisioning of any resold
services to CLEC for any reason, CLEC shall be responsible for providing any and all necessary
notice to its End User Customers of the termination. In no case shall CenturyLink be
responsible for providing such notice to CLEC's End User Customers. CenturyLink will provide .
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Resale.notice to CLEC of CenturyLink's termination of a resold service on a timely basis consistent with
Commission rules and notice requirements.
6.2.13 The underlying network provider of a resold service shall be entitled to receive,
from the purchaser of Switched Access, the appropriate access charges pursuant to its then
effective Switched Access Tariff.
6.2.14 Resold services are available where facilities currently exist and are capable of
providing such services without construction of additional facilities or enhancement of existing
facilities. However, if CLEC requests that facilities be constructed or enhanced to provide
resold services, CenturyLink wil construct facilties to the extent necessary to satisfy its
obligations to provide basic local Exchange Service as set forth in CenturyLink's retail Tariffs,
catalogs, price lists, or other retail Telecommunications Services offerings and Commission
rules. Under such circumstances, CenturyLink wil develop and provide to CLEC a price
quotation for the construction. Construction charges associated with resold services wil be
applied in the same manner that construction charges apply to CenturyLink retail End User
Customers. If the quotation is accepted by CLEC, CLEC wil be biled the quoted price and
construction wil commence after receipt of payment.
6.3 Rates and Charges
.
6.3.1 Wholesale discounts for resold Telecommunications Services offerings are
provided in Exhibit A. The Telecommunications Services offerings available for resale but
excluded from the wholesale pricing arrangement in the Agreement are available at the retail
Tariff, price list, catalog, or other retail Telecommunications Services offering rates.
Telecommunications Services available for resale with or without a wholesale discount are
subject to Commission-approved change, and any such changes shall apply from the effective
date of such change on a going-forward basis only.
6.3.2 The Customer Transfer Charges (CTC) as specified in Exhibit A apply when
transferring services to CLEC.
6.3.3 A Subscriber Line Charge (SLC), or any subsequent federally mandated charge
to End User Customers, wil continue to be paid by CLEC without discount for each local
exchange line resold under this Agreement. All federal and state rules and regulations
associated with SLC as found in the applicable CenturyLink Tariffs, catalogs, price lists, or other
retail Telecommunications Services offerings also apply.
6.3.4 CLEC wil pay to CenturyLink the Primary Interexchange Carrier (PIC) change
charge without discount for CLEC End User Customer changes of Interexchange or IntraLATA
Carriers. Any change in CLEC's End User Customer's Interexchange or IntraLA TA Carrier must
be requested by CLEC on behalf of its End User Customer, and CenturyLink will not accept
changes to CLEC's End User Customer's Interexchange or IntraLATA Carrier(s) from anyone
other than CLEC.
.
6.3.5 CLEC agrees to pay CenturyLink when its End User Customer activates any
services or features that are billed on a per use or per activation basis (e.g., continuous redial,
last call return, call back calling, call trace) subject to the applicable discount in Exhibit A as
such may be amended pursuant to this Section. With respect to all such charges, CenturyLink
shall provide CLEC with sufficient information to enable CLEC to bil its End User Customers.
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6.3.6 Miscellaneous Charges applicable to services ordered for resale by CLEC wil
apply if such Miscellaneous Charges apply for equivalent services ordered by CenturyLink retail .
End User Customers, except that CLEC wil receive any applicable wholesale discount. Such
Miscellaneous Charges include charges listed in the applicable CenturyLink Tariffs, catalogs,
price lists, or other retail Telecommunications Servces offerings.
6.3.7 If the Commission orders additional services to be available for resale,
CenturyLink will revise Exhibit A to incorporate the services added by such order into this
Agreement, effective on the date ordered by the Commission. If the Commission indicates
those additional _services must be available for resale at wholesale discount rates, those
additional services wil be added to this Agreement at the original Agreement wholesale
discount rate.
6.3.8 CenturyLink shall timely bil new or changed Commission-ordered resale rates or
charges using the effective date for such rates or charges as ordered by the Commission. If
CenturyLink bils CLEC amounts different from new or changed rates or charges after the
effective date of such rates or charges, CenturyLink shall make appropriate bill adjustments or
provide appropriate bil credits on CLEC's bil(s).
6.3.9 If rates for services resold by CLEC under this Agreement change, based on
changes in CenturyLink's Tariffs, catalogs, price lists or other retail Telecommunications
Services offerings, charges billed to CLEC for such services wil be based upon the new Tariff,
catalogs, price lists, or other retail Telecommunications Services offerings rates less the
applicable wholesale discount, if any, as agreed to herein or as established by Commission
order. The new rate will be effective upon the effective date of the Tariff, catalog, price list, or
other retail Telecommunications Services offerings..
6.3.10 Product-specific nonrecurring charges as set forth in CenturyLink's applicable
Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings wil apply
when new or additional resold services are ordered and installed at CLEC's request for use by
CLEC's End User Customers. Such nonrecurring charges wil be subject to the wholesale
discount, if any, that applies to the underlying service being added or changed.
6.4 Ordering Process
6.4.1 CLEC, or CLEC's agent, shall act as the single point of contact for its End User
Customers' service needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble reports, repair, post-sale servicing,
Billing, collection and inquiry. CLEC's End User Customers contacting CenturyLink in error wil
be instructed to contact CLEC; and CenturyLink's End User Customers contacting CLEC in
error wil be instructed to contact CenturyLink. In responding to calls, neither Party shall make
disparaging remarks about each other. To the extent the correct provider can be determined,
misdirected calls received by either Party wil be referred to the proper provider of local
Exchange Service; however, nothing in this Agreement shall be deemed to prohibit CenturyLink
or CLEC from discussing its products and services with CLEC's or CenturyLink's End User
Customers who call the other Party seeking such information.
6.4.2 CLEC shall transmit to CenturyLink all information necessary for the ordering
(Biling, Directory Listing and other information), installation, repair, maintenance and post-
installation servicing according to CenturyLink's standard procedures, as described in the .
CenturyLink Product Catalog (PCAT) available on CenturyLink's public web site located at
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Resale.http://ww.centurylink.com/wholesale/pcat. Information shall be provided using CenturyLink's
designated Local Service Request (LSR) format which may include the LSR, End User
Customer and resale forms.
6.4.3 CenturyLink wil use the same performance standards and criteria for installation,
Provisioning, maintenance, and repair of services provided to CLEC for resale under this
Agreement as CenturyLink provides to itself, its Affliates, its subsidiaries, other Resellers, and
CenturyLink retail End User Customers. The installation, Provisioning, maintenance, and repair
processes for CLEC's resale service requests are detailed in the Access to OSS Section of this
Agreement, and are applicable whether CLEC's resale service requests are submitted via
Operational Support System or by facsimile.
6.4.4 CLEC is responsible for providing to CenturyLink complete and accurate End
User Customer Directory Listing information including initial and updated information for
Directory Assistance Service, white pages directories, and E911/911 Emergency Services. The
Ancilary Services Section of this Agreement contains complete terms and conditions for
Directory Listings for Directory Assistance Services, white pages directories, and E911/911
Emergency Services.
.
6.4.5 If CenturyLink's retail End User Customer, or the End User Customets New
Service Provider orders the discontinuance of the End User Customer's existing CenturyLink
service in anticipation of the End User Customer moving to a New Service Provider,
CenturyLink wil render its closing bil to the End User Customer, discontinuing Biling as of the
date of the discontinuance of CenturyLink's service to the End User Customer. If the Current
Service Provider, or if the End User Customets New Service Provider orders the
discontinuance of existing resold service from the Current Service Provider, CenturyLink wil bil
the Current Service Provider for service through the date the End User Customer receives
resold service from the Current Service Provider. CenturyLink wil notify CLEC by Operational
Support System interface, facsimile, or by other agreed-upon processes when an End User
Customer moves from the Current Service Provider to a New Service Provider. CenturyLink wil
not provide the Current Service Provider with the name of the New Service Provider selected by
the End User Customer.
6.4.6 CLEC shall provide CenturyLink and CenturyLink shall provide CLEC with points
of contact for order entry, problem resolution and repair of the resold services. These points of
contact wil be identified for both CLEC and CenturyLink in the event special attention is
required on a service request.
6.4.7 Prior to placing orders on behalf of the End User Customer, CLEC shall be
responsible for obtaining and having in its possession Proof of Authorization (POA), as set forth
in the POA Section of this Agreement.
6.4.8 Due Date intervals for CLEC's resale service requests are established when
service requests are received by CenturyLink through Operational Support Systems or by
facsimile. Intervals provided to CLEC shall be equivalent to intervals provided by CenturyLink to
itself, its Affliates, its subsidiaries, other Resellers, and to CenturyLink's retail End User
Customers.
.
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6.5 Biling
6.5.1 CenturyLink shall bill CLEC and CLEC shall be responsible for all applicable
charges for the resold services as provided herein. CLEC shall also be responsible for all
Tariffed, cataloged, price listed, and other retail Telecommunications Services offerings charges
and charges separately identified in this Agreement associated with services that CLEC resells
to an End User Customer under this Agreement.
.
6.5.2 CenturyLink shall provide CLEC, on a monthly basis, within seven (7) to ten (10)
Days of the last day of the most recent Biling periòèl, in an agreed upon standard electronic
Billng format as detailed in Section 12.2.5, Billing information including (1) a summary bil, and
(2) individual End User Customer sub-account information consistent with the samples available
for CLEC review.
6.6 Maintenance and Repair
6.6.1 CenturyLink wil maintain its facilities and equipment used to provide CLEC
resold services. CLEC or its End User Customers may not rearrange, move, disconnect or
attempt to repair CenturyLink's facilties or equipment, including facilities or equipment that may
terminate or be located at CLEC's End User Customer's premises, other than by connection or
disconnection to any interface between CenturyLink and the End User Customer's facilities,
without the written consent of CenturyLink.
6.6.2 Maintenance and Repair procedures are detailed in Section 12. Access to
telephone numbers and Dialing Parity are discussed in Sections 13 and 14 respectively.
6.6.3 CLEC and CenturyLink wil employ the procedures for handling misdirected .
repair calls as specified in Section 12.3.8 of this Agreement.
6.7 Commingling of Resold Services with Unbundled Network Elements and
Combinations of Unbundled Network Elements
6.7.1 To the extent it is Technically Feasible and pursuant to the terms of Section 9.1,
CLEC may Commingle Telecommunications Services purchased on a resale basis with an
Unbundled Network Element or combination of Unbundled Network Elements.
6.7.1.1 Services are available for Commingling only in the manner in which they
are provided in CenturyLink's applicable product Tariffs, catalogs, price lists, or other
Telecommunications Services offerings.
.
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.
.
.
Section 7
Interconnection
Section 7.0 -INTERCONNECTION:
7.1 Interconnection Facilty Options
7.1.1 This Section describes the Interconnection of CenturyLink's network and CLEC's
network for the purpose of exchanging Exchange Service (EAS/Local traffc), IntraLATA LEC
Toll and Jointly Provided Switched Access traffic. Intercarrier traffic exchange wil be mutual
and reciprocal and all traffic exchanged between the Parties must be provisioned pursuant to
this Agreement. A Party that has interconnected or gained access under sections 251 (a) (1),
251 (c)(2), or 251 (c)(3) of the Act, may offer information services through the same
arrangement, so long as it is offering Telecommunications Services through the same
arrangement(s) as welL. Enhanced or informatiòn service providers (providers or "Information
Services" as that term is defined in 47 U.S.C. § 153 (20)) that do not also provide domestic or
international telecommunications are not Telecommunications Carriers as defined by the Act
and thus may not interconnect under this Agreement. CenturyLink will provide Interconnection
at any Technically Feasible point within its network, including but not limited to, (i) the Line Side
of a local Switch (Le., local switching); (ii) the Trunk Side of a local Switch, (iii) the trunk
connection points for a Tandem Switch, (iv) Central Offce Cross Connection points, (v) out-of-
band Signaling Transfer Points necessary to exchange traffc at these points and access call-
related databases, and (vi) points of access to Unbundled Network Elements. Section 9 of this
Agreement describes Interconnection at points (i), (iv), (v), and (vi), although some aspects of
these Interconnection points are described in Section 7. "Interconnection" is as described in the
Act and refers, in this Section of the Agreement, to the connection between networks for the
purpose of transmission and routing of Telephone Exchange Service traffic and IntraLATA LEC
Toll traffc at points (ii) and (iii) described above. Interconnection, which CenturyLink currently
names "Local Interconnection Service" (US), is provided for the purpose of connecting End
Office Switches to End Office Switches or End Office Switches to local or Access Tandem
Switches for the exchange of Exchange Service (EAS/Local traffc); or End Office Switches to
Access Tandem Switches for the exchange of IntraLATA LEC Toll or Jointly Provided Switched
Access traffc. New or continued CenturyLink local Tandem Switch to CenturyLink Access
Tandem Switch and CenturyLink Access Tandem Switch to CenturyLink Access Tandem Switch
connections are not required where CenturyLink can demonstrate that such connections
present a risk of Switch exhaust and that CenturyLink does not make similar use of its network
to transport the local calls of its own or any Affiliate's End User Customers.
7.1.1.1 CenturyLink wil provide to CLEC Interconnection at least equal in quality
to that provided to itself, to any subsidiary, Affliate, or any other party to which it
provides Interconnection. Notwithstanding specific language in other sections of this
Agreement, all provisions of this Agreement regarding Interconnection are subject to this
requirement. CenturyLink wil provide Interconnection under rates, terms and conditions
that are just, reasonable and non-discriminatory. In addition, CenturyLink shall comply
with all state wholesale and retail service quality requirements.
7.1.2 Methods of Interconnection
The Parties wil negotiate the facilities arrangement used to interconnect their respective
networks. CLEC shall establish at least one (1) physical Point of Interconnection in CenturyLink
territory in each LATA CLEC has local End User Customers. CLEC represents and warrants
that it is serving End User Customers physically located within each local callng area for which
it wishes to exchange traffic within CenturyLink territory. The Parties shall establish, through
negotiations, at least one (1) of the following Interconnection arrangements, at any Technically
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Interconnection
Feasible point: (1) a DS1 or DS3 CenturyLink -provided facility; (2) Collocation; (3) negotiated
Mid-Span Meet POI facilities; or (4) other Technically Feasible methods of Interconnection via .'
the Bona Fide Request (BFR) process unless a particular arrangement has been previously
provided to a third party, or is offered by CenturyLink as a product
7.1.2.1 CenturyLink -provided Facility. Interconnection may be accomplished
through the provision of a DS1 or DS3 Entrance Facility of CLEC's determination. An
Entrance Facility extends from the CenturyLink Serving Wire Center to CLEC's Switch
location or any Technically Feasible POI chosen by CLEC. CenturyLink -provided
Entrance Facilities may not extend beyond the area served by the CenturyLink Serving
Wire Center. The rates for CenturyLink -provided Entrance Facilities are provided in
Exhibit A. CenturyLink's private line transport service is available as an alternative to
CenturyLink-provided Entrance Facilities, when CLEC uses such private line transport
service for multiple services. Entrance Facilities may not be used for Interconnection
with Unbundled Network Elements.
7.1.2.2 Collocation. Interconnection may be accomplished through the
Collocation arrangements offered by CenturyLink. The terms and conditions under
which Collocation wil be available are described in Section 8 of this Agreement.
7.1.2.2.1 Expanded Interconnection Channel Termination (EICT) provides
the communication path that actually connects the physical space or in the case
of virtual collocation, the designated equipment to CenturyLink's direct trunked
transport and must be ordered to provision LIS to a collocation.
7.1.2.3 Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point of .
Interface, limited to the Interconnection of facilities between the CenturyLink Serving
Wire Center location and the location of the CLEC switch or other equipment located
within the area served by the CenturyLink Serving Wire Center. The actual physical
Point of Interface and facilities used wil be subject to negotiations between the Parties.
Each Party wil be responsible for its portion of the build to the Mid-Span Meet POI.
CLEC may not use remaining capability in an existing Mid-Span Meet POI to gain
access to Unbundled Network Elements. These Mid-Span Meet POls wil consist of
facilities used for the exchange of traffic and joint provisioning of Telecommunications
Services to End User Customers and other Telecommunications Carriers.
7.1.2.4 Intentionally Left Blank.
7.1.2.5 CenturyLink agrees to provide local Interconnection trunk diversity to the
same extent it does so in CenturyLink's local network.
7.2 Exchange of Traffic
7.2.1 Description
7.2.1.1 This Section 7.2 addresses the exchange of traffic between CLEC's
network and CenturyLink's network. Where either Party interconnects and delivers
traffc to the other from third parties, each Party shall bil such third parties the
appropriate charges pursuant to its respective Tariffs or contractual offerings for such
third party terminations. Unless otherwise agreed to by the Parties, via an amendment
to this Agreement, the Parties will directly exchange traffc between their respective .
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Interconnection.networks without the use of third party transit providers.
7.2.1.2 The traffic types to be exchanged under this Agreement include:
7.2.1.2.1 EAS/local Exchange Service (EAS/Local) traffic as defined in
this Agreement.
7.2.1.2.2 IntraLATA LEC Toll traffc as defined in this Agreement.
7.2.1.2.3 Jointly Provided Switched Access traffc as described in Section
7.5.1. Jointly Provided Switched Access is associated with Meet-Point Billng.
7.2.1.2.4 For purposes of the Agreement, Transit Service does not
include traffic carried by Interexchange Carriers. That traffc is defined as Jointly
Provided Switched Access. Transit Service is provided by CenturyLink,as a
local and Access Tandem Switch provider, to CLEC to enable the completion of
calls originated by or terminated to end users of another Telecommunications
Carrier which is connected to CenturyLink's Switches. To the extent that CLEC's
Switch functions as a local or Access Tandem Switch, as defined in this
Agreement, CLEC may also provide transit service to CenturyLink.
7.2.1.2.5 Traffic having special Billng or trunking requirements includes,
but is not limited to, the following:
.a)
b)
c)
d)
e)
Directory Assistance;
911/E911 ;
Operator Busy Line Verify/Busy Line Interrupt;
Toll Free Services; and
ISP-Bound traffic.
7.2.2 Terms and Conditions
7.2.2.1 Transport and Termination of Exchange Service (EAS/Local) Traffc
7.2.2.1.1 Exchange Service (EAS/Local) traffic wil be terminated as Local
Interconnection Service (LIS).
7.2.2.1.2 As negotiated between the Parties, the transport of Exchange
Service (EAS/Local) traffc may occur in several ways:
7.2.2.1.2.1 One-way or two-way trunk groups may be established.
However, if either Party elects to provision its own one-way trunks for
delivery of Exchange Service (EAS/Local) traffc to be terminated on the
other Party's network, the ordering Party wil provision its own one-way
trunks. The Party ordering one-way trunks wil choose the POi location
for such one-way trunks..7.2.2.1.2.2 CLEC may purchase transport services from CenturyLink
or from a third party, including a third party that has leased the private line
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transport service facility from CenturyLink. Such transport provides a
facility for the LIS trunk to be provisioned in order to deliver the originating .
Party's Exchange Service EAS/Local traffc to the terminating Part's End
Office Switch or Tandem Switch for call termination. Transport may be
purchased from CenturyLink as Tandem Switch routed (Le., tandem
switching, tandem transmission and direct trunked transport) or direct
routed (Le., direct trunked transport). This Section is not intended to alter
either Party's obligation under Section 251 (a) of the Act.
7.2.2.1.3 When either Part utilzes the other Part's Tandem Switch for
the exchange of local traffc, where there is a DS1's worth of traffic (512 CCS)
between the originating Party's End Ofce Switch delivered to the other Party's
Tandem Switch for delivery to one (1) of the other Party's End Office Switches,
the originating Party wil order a direct trunk group to the other Party's End Offce
Switch. To the extent that CLEC has established a Collocation arrangement at a
CenturyLink End Offce Switch location, and has available capacity, CLEC may,
at its sole option, provide two-way direct trunk facilities from that End Offce
Switch to CLEC's Switch.
7.2.2.1.4 LIS ordered to a Tandem Switch will be provided as direct
trunked transport between the Serving Wire Center of CLEC's POI and the
Tandem Switch. Tandem transmission rates, as specified in Exhibit A of this
Agreement, wil apply to the transport provided from the Tandem Switch to
CenturyLink's End Office Switch.
7.2.2.1.5 If direct trunked transport is greater than fifty (50) miles in .
length, and existing facilities are not available in either Party's network, and the
Parties have not been able to resolve the issue through Mid-Span Meet
arrangements, and the Parties cannot agree as to which Party will provide the
facility, the Parties may bring the matter before the Commission for resolution on
an Individual Case Basis.
7.2.2.1.6 Regardless of the number of Location Routing Numbers (LRNs)
used by CLEC in a LATA, CenturyLink wil route traffc destined for CLEC's End
User Customers via direct trunking where direct trunking has been established.
In the event that direct trunking has not been established, such traffic shall be
routed via a CenturyLink Tandem Switch.
7.2.2.2 IntraLATA LEC Toll Traffc
7.2.2.2.1 One-way or two-way trunk groups may be established.
However, if either Party elects to provision its own one-way trunks for delivery of
IntraLATA LEC Toll traffic to be terminated on, the other Party's network, the
ordering Party wil provision its own one-way trunks. The Party ordering one-way
trunks wil choose the POI location for such one-way trunks. IntraLATA LEC Toll
traffc shall be delivered to CenturyLink at the Access Tandem Switch or via
separate trunks to CenturyLink's End Office Switch( es), as designated by CLEC.
7.2.2.3 Transit Traffic
7.2.2.3.1 CenturyLink wil accept traffic originated by CLEC's network .
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Interconnection.and/or its end user(s) for termination to other Telecommunications Carrier's
network and/or its end users that is connected to CenturyLink's Switch.
CenturyLink wil also terminate traffc from these other Telecommunications
Carriers' network and/or its end users to CLEC's network and/or its end users.
For purposes of the Agreement, transit traffic does not include traffc carried by
Interexchange Carriers. That traffic is defined as Jointly Provided Switched
Access.
.
7.2.2.3.2 The Parties involved in transporting transit traffic wil deliver calls
to each involved network with CCS/SS7 protocol and the appropriate ISUPITCAP
messages to facilitate fullinteroperabilty and Billng.functions.
7.2.2.3.3 The originating company is responsible for payment of
appropriate rates to the transit company and to the terminating company. The
Parties agree to enter into traffic exchange agreements with third party
Telecommunications Carriers prior to delivering traffic to be transited to third
party Telecommunications Carriers. In the event one Party originates traffic that
transits the second Part's network to reach a third party Telecommunications
Carrier with whom the originating Party does not have a traffic exchange
agreement, then the originating Party wil indemnify, defend and hold harmless
the second Party against any and all charges levied by such third party
Telecommunications Carrier, including any termination charges related to such
traffic and any attorneys fees and expenses. In the case of IntraLATA LEC Toll
traffic where CenturyLink is the designated IntraLATA Toll provider for existing
LECs, CenturyLink wil be responsible for payment of appropriate usage rates.
7.2.2.3.4 When CenturyLink receives an unqueried call from CLEC to a
telephone number that has been ported to another local services provider, the
transit rate wil apply in addition to any query rates.
7.2.2.3.5 In the case of a transit call that terminates in the Local Callng
Area but in a different state than the call originated, and the CLEC does not have
an agreement with CenturyLink in the state where the transit call terminated,
CLEC must execute an agreement for that state if it is a state served by
CenturyLink. In the absence of a second agreement, the transit rate in Exhibit A
of this Agreement wil be biled to the CLEC.
.
7.2.2.4 Jointly Provided Switched Access. The Parties wil use industry
standards developed and routing based on the LERG to handle the Provisioning and
Biling of Jointly Provided Switched Access (MECAB, MECOD, and the Parties' FCC and
state access Tariffs). Each Party will bil the IXC the appropriate portion of its Switched
Access rates. CenturyLink will also provide the one-time notification to CLEC of the
billng name, biling address and Carrier identification codes of the IXCs subtending any
Access Tandem Switches to which CLEC directly connects. This type of traffic is
discussed separately in this Section.
7.2.2.5 Interface Code Availability. Supervisory signaling specifications, and the
applicable network channel interface codes for LIS trunks can be found in the
CenturyLink Technical Publication for Local Interconnection Service 77398.
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7.2.2.6 Signaling Options
7.2.2.6.1 SS7 Out-of-Band Signaling. SS7 Out-of-Band Signaling must
be requested on orders for LIS trunks. Common Channel Signaling Access
Capability Service may be obtained under CenturyLink Intrastate and/or FCC
Access Tariffs or from a third party signaling provider. Each of the Parties,
CenturyLink and CLEC, wil provide for Interconnection of their signaling network
for the mutual exchange of signaling information in accordance with the industry
standards as described in Telcordia documents, including but not limited to GR-
905 CORE, GR-954 CORE, GR-394 CORE and CenturyLink Technical
Publication 77342.
.
7.2.2.6.2 Clear Channel Capability. Clear Channel Capability (64CCC)
permits 24 OSO-64 Kbps services or 1.536 Mbps of information on the 1.544
Mbps/s line rate. 64CCC is available for LIS trunks equipped with SS7 Out-of-
Band Signaling. 64CCC must be requested on the order for new LIS trunks.
CenturyLink wil provide CLEC with a listing of CenturyLink Switches fully
capable of routing 64CCC traffic through the CenturyLink web site:
http://ww.centurylink.com/disclosures. Where available to CenturyLink,
CenturyLink wil provide CLEC with the same 64CCC on an alternate route or if
necessary via an overlay network.
7.2.2.7 Measurement of terminating Local Interconnection Service (LIS) minutes
begins when the terminating LIS entry Switch receives answer supervision from the
called End User Customer's End Offce Switch indicating the called End User Customer
has answered. The measurement of terminating call usage over LIS trunks ends when .
the terminating LIS entry Switch receives disconnect supervision from either the called
End User Customer's End Offce Switch, indicating the called End User Customer has
disconnected, or CLEC's Point of Interconnection, whichever is recognized first by the
entry Switch. This is commonly referred to as "conversation time." The Parties wil only
charge for actual minutes of use and/or fractions thereof of completed calls. Minutes of
use are aggregated at the end of the Biling cycle by End Ofice Switch and rounded to
the nearest whole minute.
7.2.2.8 LIS Forecasting
7.2.2.8.1 Both CLEC and CenturyLink shall work in good faith to define a
mutually agreed upon forecast of LIS trunking.
7.2.2.8.2 Both Parties shall participate in semi-annual joint planning
meetings to establish trunk design and Provisioning requirements. The Parties
agree to provide mutual trunk forecast information to ensure End User Customer
call completion between the Parties' networks. Such forecasts shall be for LIS
trunking that impacts the Switch capacity and facilties of each Party.
CenturyLink shall provide CLEC trunk group specific projections to CLEC on or
before the date of the joint planning meeting.
7.2.2.8.3 Switch capacity growth requiring the addition of new switching
modules may require six (6) months for ordering and installation. To align with
the timeframe needed to provide for the requested facilities, including
engineering, ordering, installation and make ready activities, for capacity growth .
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Interconnection.CenturyLink will utilize CLEC's semi-annual forecasts and near-term demand
submitted on Unforecast Demand Notification Forms to ensure availabilty of
Switch capacity.
7.2.2.8.4
period.
The forecast wil identify trunking requirements for a two (2) year
7.2.2.8.5 Both Parties wil follow the forecasting and Provisioning
requirements of this Agreement for the appropriate sizing of trunks, and use of
direct End Office Switch versus Tandem Switch routing. See Section 7.2.2.1.3.
7.2.2.8.6 Intentionally Left Blank
.
7.2.2.8.7 Joint planning meetings wil be used to bring clarity to the
forecasting process. Each Party wil provide adequate information associated
with the CenturyLink LIS Trunk Forecast Forms in addition to its forecasts.
During the joint planning meetings, both Parties shall provide information on
major network projects anticipated for the following year that may impact the
other Party's forecast or Interconnection requirements. No later than two (2)
weeks prior to the joint planning meetings, the Parties shall exchange information
to faciltate the planning process. CenturyLink shall provide CLEC a report
reflecting then current spare capacity at each CenturyLink Switch that may
impact the Interconnection traffic. CenturyLink shall also provide a report
reflecting then current blocking of local direct and alternate final trunk groups,
Interconnection and non-Interconnection alike. CLEC wil be provided
Interconnection trunk group data on its own trunks. CenturyLink shall also
provide a report reflecting Tandem Switch routed Interconnection trunking that
has exceeded 512BHCCS. The information is Proprietary, provided under non-
disclosure and is to be used solely for Interconnection network planning.
7.2.2.8.8 In addition to the above information, CLEC shall provide:
a) Completed CenturyLink LIS Trunk Forecast Forms; and
b) Any planned use of an alternate Tandem Switch provider.
7.2.2.8.9 In addition to the above information, the following information
wil be available through the Local Exchange Routing Guide or the
Interconnections (ICONN) Database. The LERG is available through Telcordia.
ICONN is available through the CenturyLink web site.
a) CenturyLink Tandem Switches and CenturyLink End Offce
Switches (LERG);
b) CLLI codes (LERG);
c) Business/Residence line counts (ICONN);
.d) Switch type (LERG or ICONN); and
e) Current and planned Switch generics (ICONN).
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CenturyLink wil notify CLEC six (6) months prior to LERG amendment, the
anticipation of a new local Tandem Switch. .
7.2.2.8.10 CenturyLink network disclosure of deployment information for
specific technical capabilities (e.g., ISDN deployment, 64 CCC, etc.) shall be
provided on CenturyLink's web site, http://ww.centurylink.com/disclosures.
7.2.2.8.11 When appropriate, CenturyLink wil notify CLEC through the
CenturyLink Trunk Group Servicing Request (TGSR) process of the need to take
action and place orders in accordance with the forecasted trunk requirements.
CLEC shall respond to the TGSR within ten (10) business days of receipt.
7.2.2.8.12 The following terms shall apply to the forecasting process:
7.2.2.8.12.1 CLEC forecasts may be provided to CenturyLink as
detailed in CenturyLink's Trunk Forecast Form;
7.2.2.8.12.2 CLEC forecasts provided to CenturyLink,
information provided by CLEC to CenturyLink outside of the normal
forecasting process to modify the forecast, and forecasting information
disclosed by CenturyLink to CLEC shall be deemed Confidential
Information and the Parties may not distribute, disclose or reveal, in any
form, this material other than as allowed and described in subsections
5.16.9.1 and 5.16.9.2.
7.2.2.8.13 To the extent that CLEC's historical trunking underutilzation is .
such that it restricts CenturyLink from provisioning trunking to itself or other
carriers without CenturyLink augmenting its switch for additional trunking
capacity, CenturyLink reserves the right to reclaim the facilities for the purpose of
providing capacity to itself or other carriers. CenturyLink shall not leave the
CLEC-assigned trunk group with less than twenty five percent (25%) excess
capacity. Ancilary trunk groups are excluded from this treatment.
7.2.2.8.14 Intentionally Left Blank.
7.2.2.8.15 Each Party shall provide a specified point of contact for
planning, forecasting and trunk servicing purposes.
7.2.2.8.16 Interconnection facilities provided on a route that involves
extraordinary circumstances may be subject to the Construction Charges, as
detailed in Section 19 of this Agreement. When CenturyLink claims extraordinary
circumstances exist, it must apply to the Commission for approval of such
charges by showing that CLEC alone is the sole cause of such construction.
CenturyLink shall initiate such proceeding within ten (10) Days of notifying CLEC
in writing that it wil not construct the requested facilities, or within ten (10) Days
of notice from CLEC in writing that CenturyLink must either commence
construction of the facilities or initiate such proceeding with the Commission. In
this proceeding, CenturyLink shall not object to using the most expeditious
procedure available under state law, rule or regulation. CenturyLink shall be
relieved of its obligation of constructing such facilities during the pendency of the
proceeding before the Commission. If the Commission approves such charges, .
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Interconnection.CenturyLink and CLEC wil share costs in proportion to each Party's use of the
overall capacity of the route involved. CenturyLink and CLEC may also choose
to work in good faith to identify and locate alternative routes that can be used to
accommodate CLEC forecasted build. Extraordinary circumstances include, but
are not limited to, natural obstructions such as lakes, rivers, or steep terrain, and
legal obstructions such as governmental, federal, Native American or private
rights of way. The standard CenturyLink forecast period of six (6) months may
not apply under these circumstances. Construction Charges shall not apply in
the event that construction is an augment of an existing route.
7.2.2.9 Trunking Requirements
7.2.2.9.1 The Parties wil provide designed Interconnection facilities that
meet the same technical criteria and service standards, such as probability of
blocking in peak hours and transmission standards, in accordance with current
industry standards.
7.2.2.9.1.1 CenturyLink shall provide monthly reports to CLEC on all
Interconnection trunk groups and quarterly reports on all interoffce trunk
groups carrying EAS/Local traffic between CenturyLink Tandem Switches
and CenturyLink End Offce Switches. The reports wil contain busy hour
traffc data, including but not limited to, overflow and the number of trunks
in each trunk group.
7.2.2.9.2 Intentionally Left Blank..7.2.2.9.3 Separate trunk groups may be established based on Billng,
signaling, and network requirements. The following is the current list of traffic
types that require separate trunk groups, unless specifically otherwise stated in
this Agreement.
a) Directory Assistance trunks (where the Switch type requires
separation from operator services trunks);
b) 911/E911 trunks;
c) Operator services trunks (where the Switch type requires
separation from Directory Assistance trunks);
d) Mass callng trunks, if applicable.
7.2.2.9.3.1 Exchange Service (EAS/Local), ISP-Bound Traffc,
IntraLATA LEC Toll, and Jointly Provided Switched Access may be
combined in a single LIS trunk group at access tandems as appropriate
per Section 7.2.2.9.6. Jointly Provided Switched Access may, upon
request, be routed on a separate LIS trunk group with all other traffic
combined on the other trunk group at access tandems as appropriate per
Section 7.2.2.9.6..7.2.2.9.3.2 CLEC may combine their originating Exchange Service
(EAS/Local) traffic, terminating IntraLATA LEC Toll traffc and Switched
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Access FG D traffic on the same FG D trunk group.
7.2.2.9.3.2.1 CLEC wil order a two-way LIS trunk group to
CenturyLink's access tandems for the purpose of exchanging
originating and terminating Jointly Provided Switched Access traffic.
.
7.2.2.9.3.2.2 CenturyLink wil send CenturyLink originating
Exchange Service (EAS/Local) traffc, IntraLATA LEC Toll traffic and
transit traffic on LIS trunks.
7.2.2.9.3.2.3 When CLEC chooses this option, CLEC wil send a
letter to CenturyLink prior to ordering this service to alert CenturyLink
of the CLEC's plan to order their service in this manner. This letter
wil indicate the CLEC's timeframe, FG D Provider and BANS and
states involved in this option. CenturyLink wil need up to two months
lead time to ensure that the appropriate mechanized billing is set up.
7.2.2.9.4 Trunks wil be ordered in increments of DS1 for exchange of
EAS/Local, and IntraLATA Toll/Jointly Provided Switched Access traffc.
Directory Assistance, 911/E911, operator Busy Line Interrupt and Busy Line
Verify trunks may be ordered in DSO.
7.2.2.9.5 The Parties wil provide Common Channel Signaling (CCS) to
one another in conjunction with all trunk circuits, except as provided below.
a) The Parties wil provision all trunking using SS7/CCS .
capabilties. Exceptions to this arrangement would be limited to operator
services trunking, Directory Assistance trunking and 911 trunking.
b) When the Parties interconnect via CCS for Jointly Provided
Switched Access Service, the Tandem Switch provider wil provide
MF/CCS interworking as required for Interconnection with Interexchange
Carriers who use MF signaling.
7.2.2.9.6 CLEC may interconnect at either the CenturyLink local Tandem
Switch or the CenturyLink Access Tandem Switch for the delivery of local
exchange traffic. When CLEC is interconnected at the Access Tandem Switch
and where there would be a DS1's worth of local traffic (512 BHCCS) between
CLEC's Switch and those CenturyLink End Offce Switches subtending a
CenturyLink local Tandem Switch, CLEC wil order a direct trunk group to the
CenturyLink local Tandem Switch.
7.2.2.9.6.1 CenturyLink wil allow Interconnection for the
exchange of local traffc at CenturyLink's Access Tandem Switch without
requiring Interconnection at the local Tandem Switch, at least in those
circumstances when traffc volumes do not justify direct connection to the
local Tandem Switch; and regardless of whether capacity at the Access
Tandem Switch is exhausted or forecasted to exhaust.
7.2.2.9.7 To the extent CenturyLink is using a specific End Offce Switch
to deliver limited Tandem Switch functionality to itself, a wireless service .
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Interconnection.provider, another CLEC, or another ILEC, it wil arrange the same trunking for
CLEC.
7.2.2.9.8 Alternate Traffc Routing. If CLEC has a LIS arrangement which
provides two (2) paths to a CenturyLink End Offce Switch (one (1) route via a
Tandem Switch and one (1) direct route), CLEC may elect to utilize alternate
traffc routing. CLEC traffic wil be offered first to the direct trunk group (also
referred to as the "primary high" route) and then overflow to the Tandem Switch
group (also referred to as the "alternate final" route) for completion to
CenturyLink End Offce Switches.
7.2.2.9.9 Host-Remote. When a CenturyLink Wire Center is served by a
remote End Office Switch, CLEC may deliver traffc to the host Central Office or
to the Tandem Switch.
7.2.2.10 Testing
7.2.2.10.1 Acceptance Testing. At the time of installation of a LIS trunk
group, and at no additional charge, acceptance tests will be performed to ensure
that the service.is operational and meets the applicable technical parameters.
7.2.2.10.2 Testing Capabilities
.7.2.2.10.2.1 LIS Acceptance Testing is provided where
equipment is available, with the following test lines: seven-digit access to
balance (100 type), millwatt (102 type), nonsynchronous or synchronous,
automatic transmission measuring (105 type), data transmission (107
type), loop-around, short circuit, open circuit, and non-inverting digital
loop-back (108 type), and such other acceptance testing that may be
needed to ensure that the service is operational and meets the applicable
technical parameters.
7.2.2.10.2.2 In addition to LIS acceptance testing, other tests are
available (e.g., additional cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled
testing, and non-scheduled testing). Charges for such testing are
identified in Section 7.3.5.
7.2.2.10.3 Repair Testing. At the time of repair ofa LIS trunk group, at no
additional charge, tests will be performed to ensure that the service is operational
and meets the applicable technical parameters.
7.2.2.11 Mileage Measurement. Where required, the mileage measurement for
LIS rate elements is determined in the same manner as the mileage measurement for
V&H methodology as outlined in NECA Tariff NO.4.
7.3 Intercarrier Compensation
7.3.1 Interconnection Facilty Options
. The Intercarrier Compensation provisions of this Agreement shall apply to the exchange of
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Exchange Service (EAS/Local) traffc between CLEC's network and CenturyLink's network.
Where either Party acts as an IntraLATA Toll provider, each Party shall bil the other the .
appropriate charges pursuant to its respective tariff or price lists. Where either Party
interconnects and delivers traffc to the other from third parties, each Party shall bil such third
parties the appropriate charges pursuant to its respective tariffs, price lists or contractual
offerings for such third part terminations. Absent a separately negotiated agreement to the
contrary, the Parties wil directly exchange traffc between their respective networks without the
use of third party transit providers.
7.3.1.1 LIS Entrance Facilities
7.3.1.1.1 Recurring and nonrecurring rates for LIS Entrance Facilities are
specified in Exhibit A and wil apply for those DS1 or DS3 facilities dedicated to
use as LIS.
7.3.1.1.2 If CLEC chooses to provision LIS facilities over an existing
facility purchased as private line transport service from the CenturyLink state or
FCC access Tariffs, the rates from those Tariffs will apply.
7.3.1.1.3 If the Parties elect to establish LIS two-way trunks, for reciprocal
exchange of Exchange Service (EAS/Local) traffc, the cost of the LIS two-way
facilities shall be shared among the Parties by reducing the LIS two-way
Entrance Facility (EF) rate element charges as follows:
7.3.1.1.3.1 The provider of the LIS two-way Entrance Facility
(EF) wil initially share the cost of the LIS two-way EF by assuming an
initial relative use factor (RUF) of fifty percent (50%) for a minimum of one .
(1) quarter if the Parties have not exchanged LIS traffc previously. The
nominal charge to the other Party for the use of the EF, as described in
Exhibit A, shall be reduced by this initial relative use factor. Payments by
the other Party will be according to this initial relative use factor for a
minimum of one (1) quarter. The initial relative use factor wil continue for
both bil reduction and payments until the Parties agree to a new factor,
based upon actual minutes of use data for non-ISP-Bound traffic to
substantiate a change in that factor. For purposes of determining the
relative use factor, the terminating carrier is responsible for ISP-Bound
traffic and for VNXX traffic. If either Party demonstrates with traffic data
that actual minutes of use during the previous quarter justifies a new
relative use factor, that Part wil send a notice to the other Party. The
new factor will be calculated based upon Exhibit H. Once the Parties
finalize a new factor, bil reductions and payments wil apply going
forward from the date the original notice was sent. ISP-Bound traffc or
traffic delivered to Enhanced Service providers is interstate in nature.
7.3.1.2 Collocation
7.3.1.2.1 See Section 8.
7.3.2 Direct Trunked Transport
7.3.2.1
Party.
Either Party may elect to purchase direct trunked transport from the other .
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Interconnection.7.3.2.1.1 Direct trunked transport (DTT) is available between the Serving
Wire Center of the POI and the terminating and/or transiting Party's Tandem
Switch or End Office Switches. The applicable rates are described in Exhibit A.
DTT facilities are provided as dedicated DS3, DS1 or DSO facilities.
7.3.2.1.2 When DTT is provided to a local or Access Tandem Switch for
Exchange Service (EAS/Local) traffc, or to an Access Tandem Switch for
IntraLATA LEC Toll, or Jointly Provided Switched Access traffic, the applicable
DTT rate elements apply between the Serving Wire Center and the Tandem
Switch. Additional rate elements for delivery of traffc to the terminating End
Office Switch are tandem switching and tandem transmission. These rates are
described below.
7.3.2.1.3 Mileage shall be measured for DTT based on V&H coordinates
between the Serving Wire Center and the local/Access Tandem Switch or End
Office Switch.
7.3.2.1.4 Fixed Charges per DSO, DS1 or DS3 and per mile charges are
defined for DTT in Exhibit A of this Agreement.
7.3.2.2 If the Parties elect to establish LIS two-way DTT trunks, for reciprocal
exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way DTT
facilties shall be shared among the Parties by reducing the LIS two-way DTT rate
element charges as follows:.7.3.2.2.1 The provider of the LIS two-way DTT facility wil initially share
the cost of the LIS two-way DTT facility by.assuming an initial relative use factor
of fifty percent (50%) for a minimum of one (1) quarter if the Parties have not
exchanged LIS traffic previously. The nominal charge to the other Party for the
use of the DTT facility, as described in Exhibit A, shall be reduced by this initial
relative use factor. Payments by the other Party wil be according to this initial
relative use factor for a minimum of one (1) quarter. The initial relative use factor
wil continue for both bil reduction and payments until the Parties agree to a new
factor, based upon actual minutes of use data for non-ISP-Bound traffic to
substantiate a change in that factor. For purposes of determining the relative use
factor, the terminating carrier is responsible for ISP-Bound traffc and for VNXX
traffic. If either Party demonstrates with traffc data that actual minutes of use
during the previous quarter justifies a new relative use factor, that Party will send
a notice to the other Part. The new factor will be calculated based upon Exhibit
H. Once the Parties finalize a new factor, bil reductions and payments will apply
going forward from the date the original notice was sent. ISP-Bound traffic is
interstate in nature. CenturyLink has never agreed to exchange VNXX traffic
with CLEC.
7.3.2.3 Multiplexing options (DS1IDS3 MUX or DSO/DS1 MUX) are available at
the rates specified in Exhibit A.
7.3.3 Trunk Nonrecurring charges.7.3.3.1 Installation nonrecurring charges may be assessed by the provider
for each LIS trunk ordered. CenturyLink rates are specified in Exhibit A.
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7.3.3.2 Nonrecurring charges for rearrangement may be assessed by the
provider for each LIS trunk rearrangement ordered, at one-half (1/2) the rates .
specified in Exhibit A.
7.3.4 Exchange Service (EAS/Local) Traffic
7.3.4.1 End Office Switch Call Termination
7.3.4.1.1 The per-minute-of-use call termination rates as described in
Exhibit A of this Agreement will apply reciprocally for Exchange Service
(EAS/Local) traffc terminated at a CenturyLink or CLEC End Offce Switch.
7.3.4.1.2 For purposes of call termination, CLEC Switch( es) shall be
treated as End Ofce Switch(es) unless CLEC's Switch(es) meet the definition of
a Tandem Switch in this Agreement as set forth in Section 4.0.
7.3.4.1.3 Intentionally Left Blank.
7.3.4.1.4 Neither Party shall be responsible to the other for call
termination charges associated with third party traffc that transits such Party's
network.
7.3.4.2 Tandem Switched Transport
7.3.4.2.1 For traffc delivered through a CenturyLink or CLEC Tandem
Switch, the tandem switching rate and the tandem transmission rate in Exhibit A .
shall apply per minute in addition to the End Office Switch call termination rate
described above.
7.3.4.2.2 Mileage shall be measured for the tandem transmission rate
elements based on V&H coordinates between the Tandem Switch and
terminating End Offce Switch.
7.3.4.2.3 When a Part terminates traffc to a remote Switch, tandem
transmission rates wil be applied for the V&H mileage between the host Switch
and the remote Switch when the identity of each is filed in the NECA 4 Tariff.
7.3.4.2.4 When CenturyLink receives an unqueried call from CLEC to a
number that has been ported to another Switch within the EAS/Local Calling
Area, and CenturyLink performs the query, charges wil apply for the FCC
approved default query per Section 10, as well as mileage sensitive tandem
transmission rates which reflect the distance to the End Office Switch to which
the call has been ported.
7.3.4.2.4.1 To determine the responsible originating Carrier of
unqueried calls for purposes of identification of the Carrier to bill LNP
query charges, CenturyLink and CLEC are required to utilize the Number
Portability Administration Center (NPAC) database, or another database
that is supported by OBF.
Intentionally Left Blank..7.3.4.3
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Interconnecton.7.3.4.4 CLEC may choose one (1) of the following two (2) options for the
exchange of traffic subject to Section 251(b)(5) of the Act ("Section 251(b)(5) Traffic")
(see Exhibit J):
7.3.4.4.1 The rates applicable to Section 251(b)(5) Traffic between
CenturyLink and CLEC shall be the same as the rates established for ISP-Bound
traffc pursuant to Section 7.3.6. Such rate for ISP-Bound traffc wil apply to
Section 251 (b)(5) Traffc in lieu of End Office Switch Call Termination rates, and
Tandem Switched Transport rates.
7.3.4.4.2 The compensation rate for Section 251(b)(5) Traffc shall be as
established by the Commission. The Parties shall cooperate in establishing a
process by which Section 251 (b)(5) Traffic and ISP-Bound traffc wil be identified
in order to compensate one another at the appropriate rates and in a prompt
manner (see Section 7.3.6).
7.3.4.5 The Parties wil not pay terminating compensation on traffic, including
ISP-Bound traffic, when the traffic does not originate and terminate within the same
CenturyLink Local Callng Area, regardless of the callng and called NPA-NXXs and,
specifically, regardless whether an End User Customer is assigned an NPA-NXX
associated with a rate center that is different from the rate center where the End User
Customer is physically located (also known as "VNXX traffic"). CenturyLink's agreement
to the terms in this paragraph is without waiver or prejudice to CenturyLink's position is
that it has never agreed to exchange VNXX traffc with CLEC.
. 7.3.5 Miscellaneous Charges
Miscellaneous Charges apply for the following miscellaneous services when provided with LIS
trunks. Exhibit A includes a reference to the Tariff, catalog, price list, or other similar document
that provides the amount of each Miscellaneous Charge.
7.3.5.1 Cancellation charges apply to cancelled LIS trunk orders based upon
critical dates, terms and conditions in accordance with the Access Service Tariff Section
5.2.3 and trunk nonrecurring charges referenced in this Agreement.
7.3.5.2 Expedite requests for LIS trunk orders are available. Expedites are
requests for intervals that are shorter than the interval defined in CenturyLink's Service
Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates. When expedites are
approved, expedite charges apply per order for every day that the Due Date interval is
shortened, based on the standard interval in the SIG or based on ICB criteria for Due
Dates. Expedite charges apply to LIS trunk orders based on the rates described in
Exhibit A.
.
7.3.5.2.1 CLEC wil request an expedite for LIS trunks, including an
expedited Due Date, on the Access Service Request (ASR).
7.3.5.2.2 The request for an expedite wil be approved only when
resources are available and the request meets the criteria outlined in the Pre-
Approved Expedite Process in CenturyLink's Product Catalog at CenturyLink's
wholesale web site.
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Intercnnection
7.3.5.3 Additional testing, including cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled testing, and non- .
scheduled testing, is available for LIS trunks.
7.3.6 ISP-Bound Traffc
7.3.6.1 Subject to the terms of this Section, terminating compensation for ISP-
Bound traffc exchanged between CenturyLink and CLEC wil be biled pursuant to rates
in Exhibit A, without limitation as to the number of minutes of use (MOU) or whether the
MOU are generated in "new markets" as that term has been defined by the FCC so long
as the ISP for which the call is bound is physically located in the same local callng area
as the End User Customer originating the calL.
7.3.6.2 Identification of ISP-Bound Traffic - CenturyLink wil presume traffc
delivered to CLEC that exceeds a 3:1 ratio of terminating (CenturyLink to CLEC) to
originating (CLEC to CenturyLink) traffc is ISP-Bound traffic. Either Party may rebut this
presumption by demonstrating the factual ratio to the Commission. Traffc exchanged
that is not ISP-Bound traffic wil be considered to be Section 251(b)(5) traffic. The
provisions in this Section apply regardless how the ISP-Bound traffc is determined.
7.3.6.3 Intentionally Left Blank.
7.3.6.4 The CLEC is responsible for any payments or charges due for one-way
facilities and/or trunking provisioned solely for CenturyLink -originated ISP-Bound traffic.
7.3.7 Transit Traffc .
The following rates wil apply:
7.3.7.1 Local Transit: A per-minute-of-use rate wil be charged to the originating
Party, as contained in Exhibit A.
7.3.7.2 IntraLATA Toll Transit: A per-minute-of-use rate wil be charged to the
originating Party, as contained in Exhibit A.
7.3.7.3 Jointly Provided Switched Access: The applicable Switched Access rates
wil be biled by the Parties to the IXC based on MECABguidelines and each Party's
respective FCC and state access Tariffs.
7.3.8 Signaling Parameters: CenturyLink and CLEC are required to provide each other
the proper signaling information (e.g., originating Calling Party Number (CPN), Charge Number
(ChN) and destination called party number, etc.) per 47 C.F.R. § 64.1601 to enable each Party
to issue bils in a complete and timely fashion. All CCS signaling parameters will be provided
including CPN, callng party category, ChN and Originating Line Information Parameter (OLlP)
on calls destined for Interexchange Carriers (IXCs). All privacy indicators will be honored.
Where SS7 connections exist, each Party shall pass all CCS signaling parameters, where
available, on each EAS/Local and IntraLATA toll call carried over Interconnection trunks. All
EAS/Local and IntraLATA Toll calls exchanged without ChN and/or CPN information wil be
biled as either EAS/Local Traffic or IntraLATA Toll Traffc in direct proportion to the minutes of
use (MOU) of calls exchanged with ChN and/or CPN information for the preceding quarter when
the calls traverse a Switched Access Feature Group 0 trunk group. If either Party fails to .
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Interconnection
provide ChN and/or CPN (valid originating information), and cannot substantiate technical
restrictions (Le., MF signaling) such traffic will be biled as Intrastate Switched Access when the
calls traverse an interconnection trunk. Traffc sent to the other Party on its interconnection
trunks without ChN and/or CPN (valid originating information) wil be handled in the following
manner. The transit provider wil be responsible for only its portion of this traffc, which wil not
exceed more than five percent (5%) of the total Exchange Service (EAS/Local) and IntraLATA
LEC Toll traffic delivered to the other Party. The Switch owner wil provide to the other Party,
upon request, information to demonstrate that Party's portion of no-CPN/ChN traffc does not
exceed five percent (5%) of the total traffc delivered. The Parties will coordinate and exchange
data as necessary to determine the cause of the CPN/ChN failure and to assist its correction.
7.4 Ordering
7.4.1 When ordering LIS, the ordering Party shall specify requirements on the Access
Service Request (ASR): 1) the type and number of Interconnection facilities to terminate at the
Point of Interconnection in the Serving Wire Center; 2) the type of interoffice transport, (Le.,
direct trunked transport or tandem switched transport); 3) the number of Ports to be provisioned
at an End Offce Switch or local Tandem Switch; and 4) any optional features. When the
ordering Party requests facilities, routing, or optional features different than those determined to
be available, the Parties wil work cooperatively in determining an accptable configuration,
based on available facilties, equipment and routing plans.
7.4.2 For each NXX Code assigned to CLEC by the NANPA, CLEC wil provide
CenturyLink with the CLLI codes of the CenturyLink Tandem Switches and CLEC's Point of
Interface to which traffic associated with the NXX wil be routed. For NXX Codes assigned to
existing LIS trunk groups, CLEC wil also provide CenturyLink with the CenturyLink assigned
two-six code (TGSN) to which each NXX wil be routed. Information that is not currently
available in the LERG may be provided via the NPA NXX Code Request Routing Form available
on the CenturyLink web site:
http://ww.centurylink.com/wholesale/notices/npa_mexProcess.html.
Either Party shall respond to a special request for a NPA NXX Code Request Routing Form
when a single Switch is served by multiple trunk groups.
7.4.3 When either Party has ordered a DS3 Entrance Facility or private line facility, that
Party wil order the appropriate DS1 facility required and identify the channels of the DS3 to be
used to provide connecting facility assignments (CFA). Also, if either Party has provided or
ordered a DS1 Entrance Facilty or private line facility, that Party will be responsible for
identification of the DSO channels of the DS1 private line to be used to provide CFA.
7.4.4 A joint planning meeting wil precede initial trunking orders. These meetings wil
result in agreement and commitment that both Parties can implement the proposed plan and the
transmittal of Access Service Requests (ASRs) to initiate order activity. The Parties wil provide
their best estimate of the traffc distribution to each End Office Switch subtending the Tandem
Switch.
7.4.5 If CLEC uses a method of interconnection of one POI in the LATA or the access
tandem for local traffic in accordance with Section 7.1.2 and/or 7.2.2.9.6, CenturyLink and
CLEC wil work together to review CLEC's network configuration in order to ensure correct and
complete ASR ordering.
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Interconnection
7.4.6 Service intervals and Due Dates for initial establishment of trunking
arrangements at each new Switch location of Interconnection between the Parties will be .
determined on an Individual Case Basis.
7.4.7 CenturyLink wil establish intervals for the provision of LIS trunks that conform to
the performance objectives set forth in Section 20. CenturyLink wil provide notice to CLEC of
any changes to the LIS trunk intervals consistent with the Change Management Process (CMP)
applicable to the PCAT. Operational processes within CenturyLink work centers are discussed
as part of the CMP. CenturyLink agrees that CLEC shall not be held to the requirements of the
PCAT.
7.4.8 The ordering Party may cancel an order at any time prior to notification that
service is available. If the ordering Party is unable to accept service within thirty (30) Days after
the Service Date, the provider has the following options:
a) The order wil be canceled; cancellation charges as specified in 7.3.5.1 apply
unless otherwise mutually agreed to by the Parties;
b) Intentionally Left Blank.
c) Biling for the service wil commence.
In such instances, the cancellation date or the date Billng is to commence, depending on which
option is selected, wil be the 31st Day after the Service Date.
7.5 Jointly Provided Switched Access Services
7.5.1 Jointly Provided Switched Access Service is described and governed by the FCC
and state access Tariffs, Multiple Exchange Carrier Access Billing (MECAB) and Multiple
Exchange Carrier Ordering and Design (MECOD) Guidelines and based on LERG routing, and
is not modified by any provisions of this Agreement. Both Parties agree to comply with such
guidelines. CenturyLink and CLEC agree that the originating, intermediate, and terminating
LECs for switched access wil cooperatively determine the Jointly Provided Switched Access
arrangements in which all parties concur.
.
7.5.2 CenturyLink wil agree to function as the Access Service Coordinator (ASC) as
defined in the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD) (Technical
Reference SR-TAP-000984). CenturyLink will provide the operational, technical and
administrative support required in the planning, Provisioning and maintenance involved in the
joint access Provisioning process to the IXCs. CenturyLink wil be unable to fulfil the role of
ASC if CLEC does not fully comply with MECOD requirements, including fiing CLEC's End
Ofice Switches and biled percentages (BPs) in the NECA 4 Tariff.
7.5.3 The ATIS Network Interconnection Interoperabilty Forum (NIIF) recommended
methodologies must be adhered to by all Local Exchange Carriers (LECs) to provide timely
notification to the industry of changes in their access network architecture.
7.5.3.1 The ATIS document is titled Recommended Notification Procedures to
Industrv for Changes in Access Network Architecture .
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7.5.4 CenturyLink and CLEC wil each render a separate bil to the IXC, using the
multiple bil, single tariff option.
7.5.5 A charge wil apply for Category 11-01-XX Access Services records sent in an
EMI mechanized format. These records can be used to provide information necessary for each
Party to bil the Interexchange Carrier for Jointly Provided Switched Access Services and 8XX
database queries. The charge for each record created and transmitted is listed in Exhibit A of
this Agreement.
7.6 Transit Records
7.6.1 CenturyLink and CLEC will exchange wireline network usage data originated by
a wireline Local Exchange Carrier (LEC) where the NXX resides in a wireline LEC Switch,
transits CenturyLink's network, and terminates to CLEC's network when Technically Feasible
and commercially reasonable. Each Party agrees to provide to the other this wireline network
usage data when CenturyLink or CLEC acts as a transit provider currently or in the future. The
Parties understand that this information is Carrier protected information under Section 222 of
the Telecommunications Act and shall be used solely for the purposes of Billng the wireline
LEC. CLEC wil provide to CenturyLink information to enable CenturyLink to provide transit
records on a mechanized basis when Technically Feasible. This includes, but is not limited to:
service center information, operating company number, and state jurisdiction. CenturyLink and
CLEC agree to exchange wireline network usage data as Category 11-01-XX.
7.6.2 CenturyLink and CLEC wil exchange wireless network usage data originated by
a Wireless Service Provider (WSP) where the NXX resides in a WSP Switch, transits
CenturyLink's network, and terminates to CLEC's network when Technically Feasible and
commercially reasonable. Each Party agrees to provide to the other this wireless network
usage data when CenturyLink or CLEC acts as a transit provider currently or in the future. The
Parties understand that this information is Carrier protected information under Section 222 of
the Telecommunications Act and shall be used solely for the purposes of Billing the WSP.
CLEC wil provide to CenturyLink information to be able to provide transit records on a
mechanized basis when Technically Feasible. This includes, but is not limited to: service
center information, operating company number and state jurisdiction. CenturyLink and CLEC
agree to exchange wireless network usage data as Category 11-01-XX.
7.6.3 CLEC may order transit records from CenturyLink and a charge wil apply for
Category 11-01-XX transit records sent in an EMI mechanized format. These records can be
used to provide information necessary for each Party to bil the originating Carrier for transit
when Technically Feasible. The charge for each record created and transmitted is listed in
Exhibit A of this Agreement.
7.7 Local Interconnection Data Exchange for Biling
7.7.1 There are certain types of calls or types of Interconnection that require exchange
of Biling records between the Parties, including, for example, alternate biled and Toll Free
Service calls. The Parties agree that all call types must be routed between the networks,
accounted for, and settled among the Parties. Certain calls wil be handled via the Parties'
respective operator service platforms. The Parties agree to utilize, where possible and
appropriate, existing accounting and settlement systems to bil, exchange records and settle
revenue.
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Interconnecton
7.7.2 The exchange of Billng records for alternate billed calls (e.g., callng card, bil-to-
third-number and collect) will be distributed through the existing CMOS processes, unless .
otherwise separately agreed to by the Parties.
7.7.3 Inter-Company Settlements (ICS) revenues wil be settled through the Calling
Card and Third Number Settlement System (CATS). Each Part wil provide for its own
arrangements for participation in the CATS processes, through direct participation or a hosting
arrangement with a direct participant.
7.7.4 Non-ICS revenue is defined as IntraLATA collect calls, callng card calls, and
biled to third number calls which originate on one (1) service providets network and are biled
by another service provider located within the same CenturyLink geographic specific region.
The Parties agree to negotiate and execute an agreement for settlement of non-ICS revenue.
This separate arrangement is necessary since existing CATS processes do not permit the use
of CATS for non-ICS revenue. The Parties agree that current message distribution processes,
including the CMOS system or CenturyLink in-region facilities, can be used to transport the call
records for this traffic.
7.7.5 Both Parties wil provide the appropriate call records to the IntraLATA Toll Free
Service provider, thus permitting the service provider to bil its End User Customers for the
inbound Toll Free Service. No adjustments to bils via tapes, disks or Network Oata Mover
(NOM) wil be made without the mutual agreement of the Parties.
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Section 8
Collocation.Section 8.0 . COLLOCATION
8.1 Description
8.1.1 Collocation allows for the placing of equipment by CLEC at CenturyLink's
Premises, where Technically Feasible, that is necessary for accessing Unbundled Network
Elements (UNEs), ancilary services or Interconnection. Collocation includes the leasing to
CLEC of physical space in CenturyLink Premises, as well as the resources necessary for the
operation and economical use of collocated equipment, such as the use by CLEC of power;
heating, ventilation and air conditioning (HVAC); and cabling in CenturyLink's Premises.
Collocation also allows CLEC to access Interconnection Distribution Frames (ICDF) for the
purpose of accessing and combining Unbundled Network Elements and accessing ancilary
services. There are currently nine (9) standard types of Collocation available pursuant to this
Agreement - Virtual, Caged Physical, Shared Caged Physical, Cage less Physical,
Interconnection Distribution Frame, Adjacent, Common Area Splitter, Remote and Facility
Connected. Other types of Collocation may be requested through the BFR process.
8.1.1.1 Virtual Collocation -- A Virtual Collocation arrangement requires CLEC to
purchase and deliver to CenturyLink CLEC's own equipment for CenturyLink to install,
repair, and maintain in CenturyLink's Premises. CLEC does not have physical access to
its virtually collocated equipment in the CenturyLink Premises.
.8.1.1.2 Caged Physical Collocation -- allows CLEC to lease caged floor space for
placement of its equipment within CenturyLink's Premises for the purpose of
interconnecting with CenturyLink Finished Services or accessing Unbundled Network
Elements. CLEC is responsible for the procurement, installation and on-going
maintenance of its equipment as well as the Cross Connections required within the
cage.
8.1.1.3 Cageless Physical Collocation -- is a non-caged area within a
CenturyLink Premises. In Wire Centers, space wil be made available in single frame
bay increments. In Wire Centers, the current minimum square footage is nine (9) square
feet per bay, however, if smaller bays are or become available, CenturyLink wil reduce
the minimum square footage accordingly. Space wil be provided utilzing industry
standard equipment bay configurations in which CLEC can place and maintain its own
equipment. CLEC is responsible for the procurement, installation and on-going
maintenance of its equipment as well as the Cross Connections required within CLEC's
leased Collocation space.
.
8.1.1.4 Shared Caged Physical Collocation -- allows two (2) or more CLECs to
share or sublease a single Collocation enclosure. Under Shared Physical Collocation,
one (1) CLEC obtains a Caged Physical Collocation arrangement from CenturyLink
pursuant to this Agreement or an approved Interconnection Agreement, and another
CLEC, pursuant to the terms of its Interconnection Agreement, may share use of that
space, in accordance to terms and conditions of a sublease agreement between the two
(2) CLECs. Shared Collocation may also be established through joint Application by
CLECs in which CenturyLink will have a separate Billing relationship with each applicant
and wil look to each collocating CLEC for payment of its proportionate share of the
charges relating to the Collocation space. CenturyLink wil prorate the charge for site
conditioning and preparation undertaken by CenturyLink to construct the Shared
Collocation cage or condition the space for Collocation use, regardless of how many
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Carriers actually collocate in that cage, by determining the total charge for site
preparation and allocating that charge to a collocating CLEC (and biled directly to each .
such CLEC) based on the percentage of the total space utilized by that CLEC as per the
Collocation Application. CenturyLink shall not place unreasonable restrictions on
CLEC's use of a Collocation cage, such as limiting CLEC's ability to contract with other
CLECs to share CLEC's Collocation cage in a sublease-type arrangement. In addition, if
two (2) or more CLECs who have Interconnection Agreements with CenturyLink utilize a
Shared Collocation arrangement, CenturyLink shall permit each CLEC to order UNEs to
and provision service from that Shared Collocation space, regardless of which CLEC
was the original collocator, directly from CenturyLink. CenturyLink shall make Shared
Collocation space available in single-bay increments or their equivalent.
8.1.1.5 Interconnection Distribution Frame (ICDF) Collocation -- is offered for the
purpose of facilitating CLEC's combining of Unbundled Network Elements, Finished
Services, including Local Interconnection Trunks, and ancillary services. Under ICDF
Collocation, CLEC need not collocate equipment in the CenturyLink Wire Center. With
ICDF Collocation, CLEC wil have access to the. CenturyLink Wire Center and an ICDF
to combine UNEs, Finished Services, and ancillary services. The ICDF connects
through tie cables to various points within the Wire Center (e.g., MDF, COSMICTM or
DSX, etc.) providing CLEC with access to UNEs and ancillary services.
8.1.1.5.1 The ICDF is a distribution frame shared by multiple providers. If
CLEC desires a dedicated distribution frame for the purpose of facilitating
CLEC's combination of UNEs and ancilary services, CLEC may do so through
the placement of a CLEC-owned Cross Connection device collocated in the
CenturyLink Wire Center through either Caged or Cageless Physical Collocation..
8.1.1.6 Adjacent Collocation - is available in those instances where space is
legitimately exhausted in a particular CenturyLink Premises to accommodate Physical
Collocation. CenturyLink shall make space available in adjacent controlled
environmental vaults, controlled environmental huts, or similar structures to the extent
Technically Feasible. CenturyLink shall permit CLEC to construct or otherwise procure
such an adjacent structure on property owned, leased or otherwise controlled by
CenturyLink, subject only to applicable OSHA, EPA, federal, state, and local safety and
maintenance requirements. Such adjacent structure shall be in accordance with
CenturyLink's design and space planning for the site. CLEC may propose the design for
the adjacent structure, subject to CenturyLink's approval, which approval may not be
unreasonably withheld or delayed. CenturyLink must provide power and physical
Collocation services and facilities, subject to the same nondiscrimination requirements
as applicable to any other physical Collocation arrangement. CenturyLink must permit
CLEC to place its own equipment, including, but not limited to, copper cables, coaxial
cables, fiber cables, and Telecommunications Equipment, in adjacent facilities
constructed by CenturyLink, by CLEC itself, or a third part.
8.1.1.7 Common Area Splitter Collocation - Allows CLEC to place Splitters in a
common space area outside its Collocation space near CLEC's DSO termination points.
CenturyLink wil install Splitter shelves for shared use by CLECs.
8.1.1.8 Remote Collocation - allows CLEC to collocate equipment in or adjacent
to a CenturyLink Remote Premises. The terms for Remote Collocation are set forthmore fully in Section 8.2.7 and 8.4.6. .
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Collocation.8.1.1.8.1 A Field Connection Point (FCP)/Cross-Connect Collocation
Application Form is required to designate Cross Connections in a Subloop
environment when the Collocation takes place in the detached terminal location.
This application can be found under the Applications and APOT forms table in
CenturyLink's Collocation Product Catalog on CenturyLink's web site. A
nonrecurring charge will be developed on an Individual Case Basis (ICB) and
consists of the costs to establish or augment the FCP or MTE. If the accessible
terminal must be expanded to accommodate CLEC's request, an additional
nonrecurring charge will apply as part of the ICB charge. This type of access
and Cross Connection is not Collocation. Provisions concerning Subloop access
and intervals are contained in Section 9.3.
8.1.1.9 Facility Connected (FC) Collocation -- Facility Connected (FC) Collocation
allows CLEC to access Unbundled Network Elements (UNEs), ancilary services and
Finished Services within a CenturyLink Wire Center via an Entrance Facilty without
collocating physical equipment in the Wire Center. FC Collocation is provided on a
termination block or termination panel within the designated Wire Center and is
engineered, provisioned, maintained, and repaired by CenturyLink.
8.2 Terms and Conditions
8.2.1 Terms and Conditions. All Collocation
.8.2.1.1 CenturyLink shall provide Collocation on rates, terms and conditions that
are just, reasonable and nondiscriminatory. In addition, CenturyLink shall provide
Collocation in accordance with all applicable federal and state laws.
8.2.1.1.1 In accordance with the FCC rules regarding combinations of
Unbundled Network Elements and Commingling of facilities and services which
are addressed in Sections 9.1 and 9.23, CenturyLink wil not combine or
Commingle services or Network Elements that are offered by eenturyLink
pursuant to Section 271 of the Communications Act of 1934, as amended, with
Unbundled Network Elements or combinations of Unbundled Network Elements.
8.2.1.1.1.1 Services available for Commingling shall be
provided by CenturyLink pursuant to CenturyLink's applicable product
Tariffs, catalogs, price lists, or other Telecommunications Services
offerings.
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8.2.1.1.1.2 Entrance Facilities and mid-span meet SPOI
obtained pursuant to Section 7 of this Agreement are not available for
Commingling.
8.2.1.2 Collocation of Switching Equipment. CLEC may collocate any equipment
that is necessary for Interconnection or access to Unbundled Network Elements.
8.2.1.2.1 Digital Subscriber Line Access Multiplexers (DSLAMS) always
meet this legal standard.
8.2.1.2.2 Asynchronous Transfer Mode (ATM) or Packet Switching also
meets this legal standard when used for Interconnection or access to Unbundled
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Network Elements for purposes of providing Advanced Services such as xDSL.
Equipment used predominantly to support DSLAMs and ATMs, such as routers .
and concentrators, as well as testing and network management equipment also
meet this legal standard. Before any equipment that includes switching
functionality is installed, CLEC must provide a written inventory to CenturyLink of
all switching equipment and how it wil be used for Interconnection or access to
Unbundled Network Elements. Once CLEC establishes that it wil use a certain
type of equipment for Interconnection or access to Unbundled Network Elements,
CenturyLink wil allow future Collocations of similar equipment without requesting
a written justification unless and until CenturyLink can establish to the state
Commission that such equipment is not intended for Interconnection or access to
Unbundled Network Elements. However, CenturyLink wil complete the
Collocation within the appropriate interval unless granted relief by the
Commission.
8.2.1.2.3 Remote Switching Units (RSUs) also meet this legal standard
when used for Interconnection or access to Unbundled Network Elements for
purposes of providing local Exchange Service.
8.2.1.2.4 Except as provided for in Sections 8.2.1.2.1 through 8.2.1.2.3
above, CLEC may not collocate equipment that is not necessary for
Interconnection or access to Unbundled Network Elements.
8.2.1.3 CLEC must identify what transmission and Cross Connection equipment
wil be installed and the vendor technical specifications of such equipment so that
CenturyLink may verify the appropriate power, floor loading, heat release, environmental .
particulate.level, HVAC, and tie cables to CLEC-provided Cross Connection device. ,
8.2.1.4 Demarcation points for Unbundled Network Elements (UNEs) and
ancilary services. The Demarcation Point for Unbundled Network Elements and
ancilary services is that physical point where CenturyLink shall terminate its Unbundled
Network Elements and ancilary services for access by CLEC. There are two (2)
standard Demarcation Points where Unbundled Network Elements and ancillary services
may be delivered to CLEC. CLEC shall specify its choice of standard Demarcation
Points for its access to UNEs and ancillary services. One available Demarcation Point is
at CLEC-provided Cross Connection equipment in CLEC's Physical or Virtual
Collocation space. Alternatively, the Demarcation Point can be at an Interconnection
Distribution Frame (ICDF) or may be established at a location jointly agreed to by CLEC
and CenturyLink. To the extent CLEC selects a Demarcation Point outside of its
collocated space, CLEC shall provide and CenturyLink shall install the tie cables from
CLEC's collocated equipment to the Demarcation Point. Alternatively, CenturyLink shall
provide and install these tie cables, at CLEC's expense.
8.2.1.5 CenturyLink will provide a connection between Unbundled Network
Elements and ancilary services and a Demarcation Point. Such connection is an
Interconnection Tie Pair (ITP). The Demarcation Point shall be:
a) at CLEC-provided Cross Connection equipment located in CLEC's
Virtual or Physical Collocation space; or
b)if CLEC elects to use ICDF Collocation, at the Interconnection .
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Distribution Frame (ICDF); or
c) if CLEC elects to use an ICDF in association with Virtual or Physical
Collocation, at the ICDF; or
d) at a direct connection point of termination as described in Section
8.3.1.11.2; or
e) at another Demarcation Point mutually-agreed to by the Parties.
8.2.1.6 CLEC may purchase CenturyLink's finished Private Line or Switched
Access Services via applicable Tariff terms and conditions. These services wil be
terminated at the Demarcation Point.
8.2.1.7 For Caged and Cageless Physical Collocation and Virtual Collocation,
CLEC must lease space for the placement of CLEC's equipment within CenturyLink's
Premises. CenturyLink wil provide the structure that is necessary in support of
Collocation including physical space, a cage (for Caged Physical Collocation), required
cabling between equipment and other associated hardware.
8.2.1.8 All equipment shall meet and be installed in accordance with Network
Equipment Building System (NEBS) Level 1 safety standards. CenturyLink shall provide
standard Premises alarming pursuant to CenturyLink Technical Publication 77385.
CenturyLink shall not impose safety or engineering requirements on CLEC that are more
stringent than the safety or engineering requirements CenturyLink imposes on its own
equipment located on its Premises.
8.2.1.9 Space Availability Report -- Upon request by CLEC, CenturyLink wil
submit to CLEC within ten (10) Days of CLEC's request, a report for each requested
Premises, that includes:
a) available Collocation space in a particular CenturyLink Premises;
b) number of collocators;
c) any modifications in the use of the space since the last report;
d) measures that CenturyLink is taking to make additional space available
for Collocation;
e) whether sufficient power is available to meet the specific CLEC request;
f) number of CLECs in queue at the Premises, if any;
g) whether the Wire Center is equipped with DS3 capability; and
h) the number and description of CenturyLink and its Affliates and
reservations of space by all CLECs.
8.2.1.9.1 A Space Availabilty Report Charge in Exhibit A wil apply to
each Space Availability Report requested by CLEC and shall apply on per
Premises basis.
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Colloction
8.2.1.9.2 Inventory Report - Remote Premises. The locations of the
Remote Premises (e.g., Feeder Distribution Interfaces, "FDI") and the End User .
Customer addresses served by each Remote Premises are available to CLEC
through the Raw Loop Data TooL. Remote Premises with digital loop carrier and
pair gain equipment wil be provided on the web site in the ICONN database.
(ICONN is available through the CenturyLink web site located athttp://ww.centurylink.com/iconn.) If CLEC is unable to determine the
information it seeks regarding the Remote Premises after using such database
tools, CenturyLink wil provide CLEC with a report that contains the information.
The Parties agree that a charge may apply to such report, based on time and
material, unless the database information is inaccurate or unusable for the
Remote Premises then no charge would apply. CenturyLink wil provide CLEC
access to relevant plats, maps, engineering records and other data in
accordance with Section 10.8.2.4.
8.2.1.10 Collocation is offered on a first-come, first-served basis. Requests for
Collocation may be denied due to the legitimate lack of suffcient space in a CenturyLink
Premises for placement of CLEC's equipment. If CenturyLink determines that the
amount of space requested by CLEC for Caged Physical Collocation is not available, but
a lesser amount of space is available, that lesser amount of space wil be offered to
CLEC for Caged Physical Collocation. Alternatively, CLEC wil be offered Cageless
Physical Collocation (single frame bay increments), or Virtual Collocation as an
alternative to Caged Physical Collocation. In the event the original Collocation request is
not available due to lack of sufcient space, and CLEC did not specify an alternative
form of Collocation on the original order form, CLEC wil be required to submit a new
order for CLEC's preferred alternative Collocation arrangement. If CLEC identifies .
alternate choices for Collocation on its original Collocation request, CenturyLink wil
determine the feasibility of the next preferred option in the event CLEC's first choice is
not available. To the extent possible, CenturyLink shall make contiguous space
available to CLEC when it seeks to expand its existing Collocation space. Where
adjoining space is not available, CenturyLink will engineer a route for CLEC to provide
facilities between the non-adjoining CLEC Collocation spaces as part of the Collocation
order. When planning renovations of existing facilties or constructing or leasing new
facilities, CenturyLink shall take into account projected demand for Collocation of
equipment.
8.2.1.10.1 Space Denial Queue - CenturyLink wil maintain a list of denied
Collocation requests, in order of the date of receipt (Space Denial Queue), for
each Premises where CenturyLink has exhausted Collocation space. A separate
queue wil be maintained for each Premises. When space becomes available in
a Premises in which a queue has developed, CenturyLink wil inform CLECs in
the queue that space for Collocation has become available. If there is insuffcient
space to accommodate all of the CLECs in queue, CenturyLink shall notify
CLECs of the availability of space in accordance with the CLEC's position in the
queue. CLEC must respond within ten (10) Days of receipt of notification from
CenturyLink with a new Collocation Application. If CLEC does not provide a
Collocation Application within ten (10) Days of receipt of notification, or if CLEC
responds that it no longer requires the Collocation space, CLEC shall be
removed from the queue and the available space shall be offered to the next
CLEC in the queue. If the space made available to CLEC in the queue is not .
sufficient to meet such CLEC's needs, such CLEC may deny the space that
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becomes available and keep its position in the queue.
8.2.1.11 If CenturyLink denies a request for Collocation in a CenturyLink Premises
due to space limitations, CenturyLink shall allow CLEC representatives to tour the entire
Premises escorted by CenturyLink personnel within ten (10) Days of CLEC's receipt of
the denial of space, or a mutually agreed upon date. CenturyLink will review the detailed
floor plans for the Premises with CLEC during the tour, including CenturyLink reserved
or optioned space. Such tour shall be without charge to CLEC. If, after the tour of the
Premises, CenturyLink and CLEC disagree about whether space limitations at the
Premises make Collocation impractical, CenturyLink and CLEC may present their
arguments to the Commission. In addition, if after the fact it is determined that
CenturyLink has incorrectly identified the space limitations, CenturyLink will honor the
original Collocation.Application date for determining RFS unless both Parties agree to a
revised date.
8.2.1.12 CenturyLink shall submit to the Commission, subject to any protective
order as the Commission may deem necessary, detailed floor plans or diagrams of any
Premises where CenturyLink claims that Physical Collocation is not practical because of
space limitations.
8.2.1.13 CenturyLink wil maintain a publicly available document, posted for
viewing on the Internet, (ww.centurvlinkcom/wholesale/notices/collo/spaceAvail.html).
indicating all Premises that are full, and wil update this document within ten (10) Days of
the date at which a Premises runs out of physical space and wil update the document
within ten (10) Days of the date that space becomes available. In addition, the publicly
available document shall include, based on information CenturyLink develops through
the Space Availabilty Report process, the Reservation Process, or the Feasibility Study
Process:
a) Number of CLECs in queue at the Premises, if any;
b) Premises that have not been equipped with DS3 capability;
c) Estimated date for completion of power equipment additions that wil lift
the restriction of Collocation at the Premises; and
d) Address of the Remote Premises that have been inventoried for
Remote Collocation, and if the Remote Premises cannot accommodate
Collocation.
Notwithstanding the foregoing, the CenturyLink web site wil list and update within the
ten (10) Day period, all Wire Centers that are full, whether or not there has been a
Space Availabilty Report requested by any CLEC.
8.2.1.14 Reclamation and Reconditioning of Space
8.2.1.14.1 Reclamation of Space -- Reclamation of space is performed by
CenturyLink removing unused, obsolete CenturyLink equipment to make space
for equipment use. The cost of removal of the obsolete unused equipment shall
be borne by CenturyLink.
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8.2.1.14.1.1 If CLEC issues a forecast or reservation for
Collocation, CenturyLink shall use its best judgment to determine whether .
it would be appropriate to reclaim space and or equipment to meet
expected Collocation requirements.
8.2.1.14.1.2 If CLEe issues a Collocation Application and
unused, obsolete equipment must be removed to provide the requested
Collocation, CenturyLink wil affrmatively remove such unused, obsolete
equipment as necessary to fulfill the Collocation request within the
applicable interval set forth in section 8.4.
8.2.1.14.2 Reconditioning of Space -- Reconditioning of space is the
remodeling of space for equipment use, such as, but not limited to, adding
HVAC. The Collocation feasibility study will identify whether reconditioning of
space is available and necessary to meet CLEC needs for Collocation. If
requested by CLEC, CenturyLink will assess the cost of such reconditioning,
provide a quotation to CLEC for the costs, and upon Acceptance of quotation by
CLEC, perform the necessary work to recondition the space. For reconditioned
space, CLEC is responsible for prorated charges based on the amount of space
requested.
8.2.1.15 Cancellation of Collocation Request. CLEC may cancel a Collocation
request prior to the completion of the request by CenturyLink by submitting a Collocation
Cancellation Application. CLEC shall be responsible for payment of all costs incurred by
CenturyLink up to the point when the cancellation is received. Collocation Cancellation
is available for all Collocations under a particular billing authorization number (BAN) for
which CLEC has not received notification of completion from CenturyLink. Cancellation
is offered for all types of Collocation. A cancellation will only occur upon request by
CLEC.
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8.2.1.15.1 CLEC may submit a Collocation Cancellation Application if the
Collocation job is in progress. Upon receipt of a completion notice for the
specific Collocation job, the Collocation can no longer be cancelled. CenturyLink
wil provide acknowledgment of acceptance or rejection of the Collocation
Cancellation Application within one (1) business day of receipt. CenturyLink wil
stop work on a Collocation in progress upon receipt and acceptance of a
Collocation Cancellation Application. A request for cancellation is irrevocable
once CenturyLink has accepted the Collocation Cancellation Application.
8.2.1.15.2 In the event there is a Common Area Splitter Collocation or
CLEC has requested a direct CLEC-to-CLEC connection arrangement with the
same BAN as the Collocation job to be canceled, the associated Common Area
Splitter Collocation and direct CLEG-to-CLEC connection wil also be cancelled.
8.2.1.15.3 CenturyLink wil not charge for canceling the Collocation job
except for work already completed as of acceptance by CenturyLink of the
Collocation Cancellation Application. Charges will be based on when
CenturyLink receives the Collocation Cancellation Application and the completion
status of the Collocation work. A quotation wil be issued within thirty (30) Days
of CenturyLink's accptance of the Collocation Cancellation Application..
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Collocation.8.2.1.15.4 Additional Labor - Other. This charge is for additional labor not
included inthe quotation described in 8.2.1.15. This additional labor may include
testing and labor activities completed to accommodate a specific customer
request.
.
8.2.1.16 CenturyLink may retain a limited amount of floor space for its own specific
future uses, provided, however, that neither CenturyLink nor any of its Affiliates may
reserve space for future use on terms more favorable than those that apply to CLEC's
reservation of Collocation space for CLEC's own future use. CenturyLink shall relinquish
any space held for future use before denying a request for Virtual Collocation on the
grounds of space limitations, unless CenturyLink proves to the Commission that Virtual
Collocation at that point is not Technically Feasible.
8.2.1.17 In addition to the requirements of Section 8.2.1.8, all Collocation
installation and structures shall meet applicable earthquake safety rating requirements
comparable to and to the same extent that CenturyLink installations and structures meet
earthquake rating requirements as contained in the Network Equipment Building System
(NEBS) - BR GR-63-CORE document. A list of CenturyLink Premises and the
applicable related earthquake ratings is available for review on the CenturyLink web site
at: http://ww.centurvlink.com/wholesale/pcatlcollocation.html.
8.2.1.18 CenturyLink wil review the security requirements, issue keys, 10 cards
and explain the access control processes to CLEC. The access control process
includes but is not limited to the requirement that all CLEC approved personnel are
subject to trespass violations if they are found outside of designated and approved areas
or if they provide access to unauthorized individuals. Likewise, CenturyLink personnel
are subject to trespass violations if they are found to be wrongfully inside CLEC physical
caged collocated areas or if they wrongfully provide access to unauthorized individuals.
8.2.1.18.1 CenturyLink wil take all reasonable measures to insure that
CLEC equipment collocated in CenturyLink Premises is afforded physical
security at Parity with CenturyLink's similarly situated equipment. Should an
event occur within a CenturyLink Premises that suggests vandalism or other
tampering with CLEC's equipment, CenturyLink wil, at CLEC's request,
vigorously and thoroughly investigate the situation. CLEC shall cooperate in the
investigation as requested by CenturyLink. CenturyLink wil keep CLEC apprised
of the progress of any investigation, and report any conclusions in a timely
manner.
8.2.1.19 CenturyLink shall provide access to CLEC's collocated equipment and
existing eyewash stations, bathrooms, and drinking water within the Premises on a
twenty-four (24) hours per day, seven (7) days per week basis for CLEC personnel and
its designated.agents. Such access shall be permitted without requiring either a security
escort of any kind or delaying CLEC's employee's entry into CenturyLink Premises.
CenturyLink shall provide CLEC with access to other basic facilities, including parking,
where available on a first-come, first-served basis.
.8.2.1.20 CLEC shall be restricted to corridors, stairways, and elevators that
provide direct access toCLEC's space, or to the nearest restroom facility from CLEC's
designated space, and such direct access wil be outlined during CLEC's orientation
meeting. Access shall not be permitted to any other portion of the building.
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8.2.1.21 Nothing herein shall be construed to limit CLEC's ability to obtain more
than one form of Collocation (Le., Virtual, Caged, Shared and Cage less Physical .
Collocation or ICDF Collocation) in a single Premises, provided space is available.
8.2.1.22 Termination of Collocation Arrangement. CLEC may terminate a
completed Collocation arrangement by a Collocation Decommission or a Collocation
Transfer of Responsibilty. A Collocation site is only eligible for Collocation
Decommission or a Collocation Transfer of Responsibility after the site is built-out and
accepted by CLEC. Abandoned equipment shall be handled as detailed in Section
8.2.1.22.3.
8.2.1.22.1 Collocation Decommission. Collocation Decommission refers to
the deactivation of a Collocation site occupied by CLEC and removal of CLEC
equipment. Collocation Decommission is offered for all types of Collocation. A
request for decommissioning is irrevocable once CenturyLink accepts the
Collocation Decommission Application.
8.2.1.22.1.1 Prior to submitting a Collocation Decommission
Application, all CLEC's financial obligations with respect to the Collocation
site to be decommissioned must be current, with the exception of formally
disputed charges. CLEC financial obligations include payment of one
hundred percent (100%) of all nonrecurring quoted charges and all
applicable monthly recurring charges that are more than thirty (30) Days
past due.
8.2.1.22.1.2 CLEC must disconnect all services, including any .
administrative services, from the Collocation site to be decommissioned .
prior to submitting the Collocation Decommission Application. All of
CLEC's administrative lines and End User Customer services need to be
disconnected via the appropriate Access Service Request (ASR) or Local
Service Request (LSR). If CLEC has not disconnected all services, all
charges with respect to the Collocation site wil continue to accrue and
the Collocation Decommission Application wil be rejected.
8.2.1.22.1.2.1 Prior to disconnecting its services, including
direct CLEe-to-CLEC connections, CLEC must notify, in writing,
all of its current End User Customers affected by the
discontinuation of service. CLEC must submit an email
notification with the Collocation Decommission Application
representing to CenturyLink that all CLEC End User Customers
have been properly notified. For direct CLEC-to-CLEC connection
arrangements, CLEC should submit a letter of authorization (LOA)
signed by both CLECs involved in the direct CLEC-to-CLEC
connection arrangement. Failure to include such email notification
or LOA wil result in the rejection of the Collocation Decommission
Application.
8.2.1.22.1.3 CLEC should remove its equipment prior to
submitting a Collocation Decommission Application. Equipment includes
all CLEC owned electronic equipment, equipment racks, mounting
hardware, and CLEC supplied cable (including direct CLEC-to-CLEC .
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Collocation.cables), termination blocks and cage materials. If CLEC does not remove
its equipment within thirty (30) Days of CenturyLink's acceptance of the
Collocation Decommission Application, CenturyLink wil send a
notification stating the equipment is considered abandoned. Upon
receiving notification of abandonment from CenturyLink, CLEC wil have
fifteen (15) Days to notify CenturyLink that the equipment is not
abandoned and remove its equipment. If CLEC does not respond to the
notification and remove the equipment and CenturyLink determines that
the equipment has been abandoned, CenturyLink wil send a final
notification and bil CLEC for any and all claims, expenses, fees or other
costs associated with the removal by CenturyLink of the abandoned
equipment, including any materials used in the removal and the hourly
labor rate charges. CLEC wil hold CenturyLink harmless from the failure
to return any such equipment, property or other items.
8.2.1.22.1.4 CenturyLink wil remove all Collocation entrance
facilities. For shared Collocation entrance facilities, CenturyLink wil cut
all fiber and/or copper Collocation entrance facilities at the splice point in
the Collocation Point of Interconnection (C-POI). For express Collocation
entrance facilities, CenturyLink wil remove and dispose of the Collocation
entrance fiber.
.8.2.1.22.1.5 For Virtual Collocation, CenturyLink wil
automatically remove all equipment within ninety (90) Days. CenturyLink
wil negotiate with CLEC to schedule the pick up of the equipment. There
wil be no charge for the removal of CLEC's Virtual Collocation
equipment.
8.2.1.22.1.6 For Collocations with direct CLEC-to-CLEC
connection arrangements, CLEC is required to disconnect and remove
the direct CLEC-to-CLEC connections. CenturyLink prefers that CLEC
disconnect and remove the direct CLEC-to-CLEC connection cables prior
to submitting the Collocation Decommission Application. If CLEC is not
able to disconnect and remove the cables prior to submitting the
Collocation Decommission Application, CLEC wil be allowed thirty (30)
Days from CenturyLink's acceptance date of the Collocation
Decommission Application to disconnect and remove the direct CLEC-to-
CLEC connection cables. If CLEC has not removed the direct CLEC-to-
CLEC connections, it will be treated as abandoned equipment.
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8.2.1.22.1.7 CLEC wil be eligible for a refund for all elements
defined as either reusable or reimbursable, if acquired by another CLEC
during the following defined time period. An inventory will be completed
by CenturyLink and furnished to CLEC within ninety (90) Days of the
Collocation Decommission Application acceptance identifying the
reimbursable and reusable elements and the potential credit.
8.2.1.22.1.7.1 Reimbursable elements considered for a
refund are: 050, 051, and 053 termination cabling, and fiber
terminations, excluding Collocation entrance facility cabling.
These elements wil be eligible for a refund for up to one (1 ) year
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after the date of decommissioning.
8.2.1.22.1.7.2 Reusable elements include components
used to provision the original Collocation site (e.g., cage, bays,
HVAC, cable racking). These elements wil be eligible for a refund
for up to three (3) years after the date of decommissioning.
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8.2.1.22.1.8 CLEC is required to return the space to turnover
condition. Turnover condition is defined as the same condition in which
CLEC originally assumed the Collocation site. CLEC must relinquish
security access if not currently leasing another Collocation site in the
same Wire Center when verification of equipment removal is completed.
Security access wil be terminated within thirty (30) Days of receipt of an
accepted Collocation Decommission Application, unless alternative
arrangements have been agreed to by CenturyLink.
8.2.1.22.1.9 Ordering - CLEC should submit a Collocation
Decommission Application form. CenturyLink wil notify CLEC within one
(1) business day if the prerequisites have been met. CenturyLink wilvalidate the order within two (2) business days from receipt of the
Collocation Decommission Application. CenturyLink will provide an
inventory of the eligible reimbursable and reusable elements and the
potential credits within ninety (90) Days of the Collocation Decommission
Application acceptance.
8.2.1.22.1.10 Biling CenturyLink wil not charge for .
decommissioning Collocations unless equipment has been abandoned or
the Collocation space has not been returned to turnover condition.
Charges for work related to the removal of abandoned equipment or
returning the Collocation space to turnover condition include
miscellaneous hourly labor charges and, if applicable, dispatch charges
will apply for unmanned Central Ofices and Remote Collocations.
8.2.1.22.2 Collocation Transfer of Responsibility. Collocation Transfer of
Responsibility is the transfer of a Collocation site from vacating CLEC (current
CLEC leasing the space in the Premises) to an assuming CLEC. Collocation
Transfer of Responsibilty is available for Caged Physical Collocation, Cageless
Physical Collocation, and Virtual Collocation. All other types of Collocation to be
transferred wil be handled on an Individual Case Basis (ICB). There are two (2)
types of Collocation Transfer of Responsibility: 1) Collocation Transfer of
Responsibility Without Working Circuits - The Collocation is not serving any End
User Customers and does not have active service terminations (e.g.,
Interconnection trunks or UNE Loops) or 2) Collocation Transfer of Responsibility
With Working Circuits - The Collocation has active service terminations, such as
Interconnection trunks or is serving End User Customers.
8.2.1.22.2.1 Generally, Collocation Transfer of Responsibility is
not available if another CLEC or CenturyLink are waiting in queue for
available space within the requested Premises; however, if assuming
CLEC acquires all or substantially all of the Collocation sites of vacating
CLEC in CenturyLink Premises in the state, such transfers shall not be .
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Collocation.subject to any queue for available space. In addition, regardless of any
space requests that may be pending in a CenturyLink Premises,
Collocation Transfer of Responsibilty shall be available when vacating
CLEC and assuming CLEC are affliated corporate entities prior to or
immediately after the proposed transfer, or the transfer is due to a
bankruptcy court order. If vacating CLEC has filed for bankruptcy,
assuming CLEC must comply with Applicable Law in obtaining the
transfer of the Collocation site.
8.2.1.22.2.2 Both vacating CLEC's and assuming CLEC's
Interconnection Agreements with CenturyLink must contain finalized
terms and conditions for Collocation Transfer of Responsibility and all
associated services. Assuming CLEC is required to have an
Interconnection Agreement with CenturyLink prior to submitting a
Collocation Transfer of Responsibilty request. Assuming CLEC wil need
to amend any previously existing Interconnection Agreement prior to
submitting a Collocation Transfer of Responsibility request if its
Interconnection Agreement does not contain the terms and conditions
and rate elements for all services that will be transferred.
.
8.2.1.22.2.3 Collocation Transfer of Responsibility with working
circuits is available if only administrative changes are required and the
transfer does not involve translations work that needs to be processed in
conjunction with the transfer. If translations work is needed, CLEC's
transfer plans shall allow for the completion of the Collocation Transfer of
Responsibility prior to initiating any translation activity.
8.2.1.22.2.4 A request for Collocation Transfer of Responsibilty
is irrevocable upon one hundred percent (100%) payment by assuming
CLEC of the nonrecurring Collocation transfer charges reflected on the
quotation.
8.2.1.22.2.5 The Collocation site to be transferred is identified by
vacating CLEC's eleven (11) character CLUTM code. The Collocation site
wil be transferred "as is" and in its entirety. This includes, but is not
limited to, Collocation entrance facilities from the Collocation - Point of
Interface (C-POI) manhole, cables, Splitters, and working circuits, if
applicable. If the Collocation site has a Common Area Splitter Collocation
associated with it, the Common Area Splitter Collocation wil be
transferred as part of the Collocation Transfer of Responsibility.
.
8.2.1.22.2.6 The transfer of equipment between vacating CLEC
and assuming CLEC wil be the responsibility of vacating CLEC and
assuming CLEC. CenturyLink is not responsible for the physical
condition of vacating CLEC's equipment, with the exception of equipment
associated with a Virtual Collocation, as set forth in CLECs'
. Interconnection Agreements. The negotiation of the transfer terms and
conditions between vacating CLECand assuming CLEC is the
responsibility of those two parties. CenturyLink wil not participate in
these negotiations. CenturyLink wil only manage the database and
records transfer.
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8.2.1.22.2.7 Assuming CLEC will provide the information
CenturyLink will need to update the following items: Customer Name, .
Access Carrier Name Abbreviation (ACNA), Master Customer Number
(MCN), CLEC address, phone number, billng and contact information,
and contract number. The Collocation eleven (11) character CLEC
CLUTM code wil remain the same.
8.2.1.22.2.8 Submission of new connect, change, and disconnect
orders wil be restricted from quotation Acceptance until the transfer of the
working circuits is complete. If new connect, change, and disconnect
orders need to be submitted between quotation Acceptance and the
completion of the transfer, they wil be handled on an ICB and may affect
the Ready for Service (RFS) date. Submission of Collocation augment
orders wil not be allowed from the time that the Collocation Transfer of
Responsibility Application has been accepted by CenturyLink until
assuming CLEC has accepted the quotation for the Collocation Transfer
of Responsibility.
8.2.1.22.2.9 All work in progress related to the Collocation site
and associated working circuits, if applicable, must either be completed or
cancelled by vacating CLEC prior to the quotation Acceptance.
8.2.1.22.2.10 If vacating CLEC does not lease another Physical
Collocation site at the specified Central Ofce at the time of the
Collocation Transfer of Responsibility request, then vacating CLEC must
relinquish security accss to the building. .
8.2.1.22.2.11 Vacating CLEC's financial obligations to CenturyLink
with respect to the Collocation site to be transferred must be met, with the
exception of formally disputed charges, prior to submitting a Collocation
Transfer of Responsibility Application. Vacating CLEC's financial
obligations include payment of one hundred percent (100%) of all
nonrecurring charges and all applicable recurring charges for the specific
Collocation account that are more than thirt (30) Days past due.
Vacating CLEC may meet its financial obligations by having them
expressly assumed, in writing, by assuming CLEC and assuming CLEC
pays such obligations at the time it accepts the quotation for Collocation
Transfer of Responsibility.
8.2.1.22.2.12 Assuming CLEC's financial obligations to
CenturyLink must be in good standing prior to submitting a Collocation
Transfer of Responsibility Application, with the exception of formally
disputed charges.
8.2.1.22.2.13 Vacating CLEC and assuming CLEC must provide a
signed Transfer Authorization Agreement. Required information on the
CenturyLink Transfer Authorization Agreement: CenturyLink Central
Office Name, applicable CLUTM codes, Collocation BAN numbers, and
charges (from Exhibit A) for the transfer of the Collocation site.
8.2.1.22.2.14 Prior to submitting a Collocation Transfer of .
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Collocation.Responsibility Application without working circuits, vacating CLEC must
ensure that no active circuits exist at the Collocation site to be
transferred.
8.2.1.22.2.15 Prior to transferring a Collocation site with working
circuits, vacating CLEC must notify, in writing, all of its current End User
Customers that utilize the Collocation site's equipment or facilties of the
transfer of service to assuming CLEC, unless vacating CLEC has a
waiver from the FCC or other applicable regulatory authority. Vacating
CLEC must provide an email notification to CenturyLink with the
Collocation Transfer of Responsibility Application representing that all of
its End User Customers have been properly notified or provide a copy of
any applicable waiver.
8.2.1.22.2.16 If the Collocation site being transferred has a direct
CLEC-to-CLEC connection arrangement, a letter of authorization (LOA)
must be submitted with the Collocation Transfer of Responsibilty
Application, signed by both CLECs in the direct CLEC-to-CLEC
arrangement authorizing the transfer of the direct CLEC-to-CLEC
connection service to assuming CLEC. A separate LOA is required for
each direct CLEC-to-CLEC relationship associated with the transferring
Collocation site. Each LOA shall identify the CLECs, CLLI codes, and
BANs for their respective Collocations..8.2.1.22.2.17 Vacating CLEC and/or assuming CLEC wil be
responsible for submitting Local Service Requests (LSRs) for Unbundled
Loops, enhanced extended Loops (EELs), and line splitting. Assuming
CLEC may submit LSRs once it has accepted the quotation for the
Collocation Transfer of Responsibilty and has received the preliminary
APOT information from CenturyLink. Orders to transfer Local
Interconnection Service (LIS) trunks and ancilary services (e.g., 557,
911, operator services) with no translation activity, as well as private line
and Access Services circuits, wil be processed based on the information
provided in the Collocation Transfer of Responsibility Application
spreadsheet. Assuming CLEC is responsible for Directory Assistance
(DA), operator services (OS), Directory Listings, Busy Line Verify/Busy
Line Interrupt (BL VlBLI), and 911 changes, if applicable. Any 557
changes wil need to be made after the transfer is complete.
8.2.1.22.2.18 After the Collocation Transfer of Responsibility is
complete, vacating CLEC, assuming CLEC, and CenturyLink are all
required to sign the CenturyLink Services Transfer Agreement.
.
8.2.1.22.2.19 Billng. Vacating CLEC wil not incur charges for the
transfer of the Collocation site. Vacating CLEC is obligated to pay all
recurring charges associated with the Collocation until CenturyLink
completes the Collocation Transfer of Responsibility request. Assuming
CLEC's quotation will reflect the following nonrecurring charges
associated with the transfer of the Collocation site: Assessment Fee,
payable regardless of whether the quotation is accepted or not, a Network
Systems Administration Fee, and charges for processing the transfer of
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working circuits, if applicable. Upon completion of the Collocation
Transfer of Responsibility, CenturyLink wil begin Biling assuming CLEC
for all recurring charges based on assuming CLEC's Interconnection
Agreement and cease Biling vacating CLEC.
8.2.1.22.3 Abandoned Equipment. If CenturyLink finds, in the course of
business, reasonable evidence to substantiate that any equipment or property of
CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink
shall notify CLEC in writing, via an electronic form, of the existence of such
equipment or property and CLEC shall have sixty (60) Days from the date of
receipt of such notice to remove such equipment or property from the Premises.
If CenturyLink has not received any response to this notice within thirty (30) Days
of the sending of the notice, CenturyLink shall send a copy of the notice to CLEC
via registered maiL. If, prior to the termination of the sixty (60) Day period, CLEC
disputes that the equipment or property has been abandoned or left unclaimed at
the Premises, CLEC shall provide written notice to CenturyLink of such dispute
("Resolution Request") and commence Dispute Resolution proceedings pursuant
to Section 5.18 of this Agreement. If no Resolution Request has been delivered
to CenturyLink within sixty (60) Days of the first written notice, all equipment or
property of CLEC not removed from the Premises shall conclusively be deemed
and construed to have been transferred, deeded, and assigned by CLEC to
CenturyLink and may be appropriated, sold, stored, destroyed and/or otherwise
disposed of by CenturyLink without further notice to CLEC and without obligation
to account therefore, and CLEC shall reimburse CenturyLink for all reasonable
expenses incurred in connection with the storage or other disposition of such
equipment or property. If CLEC delivers a Resolution Request but fails to
commence Dispute Resolution proceedings pursuant to Section 5.18 of this
Agreement or to otherwise resolve the dispute with CenturyLink, within thirty (30)
Days of the delivery of such Resolution Request, then thirty (30) Days after the
date of the Resolution Request, all equipment or propert of CLEC not removed
from the CenturyLink Premises shall conclusively be deemed and construed to
have been transferred, deeded, and assigned by CLEC to CenturyLink and may
be appropriated, sold, stored, destroyed and/or otherwise disposed of by
CenturyLink without further notice to CLEC and without obligation to account
therefore, and CLEC shall reimburse CenturyLink for all reasonable expenses
incurred in connection with the storage or other disposition of such equipment or
property. CLEC hereby releases and agrees to defend, indemnify, and hold
harmless CenturyLink from and against any and all costs, expenses, claims,
judgments, damages, liability or obligation arising out of or in connection with
CenturyLink's exercise of any or all of its rights under this Section.
Notwithstanding the provisions of this Section, where CLEC has submitted a
Decommissioning Application, the provisions of Section 8.2.1.22.1 of this
Agreement, shall govern the equipment or property of CLEC and not this Section
unless CLEC fails to remove its equipment or propert in accordance with the
terms of Section 8.2.1.22.1 of this Agreement.
8.2.1.23 CenturyLink shall design and engineer the most efficient route and cable
racking for the connection between CLEC's equipment in its collocated spaces to the
collocated equipment of another CLEC located in the same CenturyLink Premises; or to
CLEC's own non-contiguous Collocation space. The most efficient route generally wil
be over existing cable racking, to the extent Technically Feasible, but to determine the
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Collocation.most effcient route and cable racking, CenturyLink shall consider all information
provided by CLEC in the Collocation Application form, including but not limited to,
distance limitations of the facilities CLEC intends to use for the connection. CLEC shall
have access to the designated route and construct such connection, using copper, coax,
optical fiber facilities, or any other Technically Feasible method utilizing a vendor of
CLEC's own choosing. CLEC may place its own fiber, coax, copper cable, or any other
Technically Feasible connec~ing facilities outside of the actual physical Collocation
space, subject only to reasonable NEBS Level 1 safety limitations using the route
specified by CenturyLink. CLEC may perform such Interconnections at the ICDF, if
desired. CLEC may interconnect its network as described herein to any other
collocating Carrier, to any collocated Affliate of CLEC, to any End User Customets
premises, and may interconnect CLEC's own collocated space and/or equipment (e.g.,
CLEC's Physical Collocation and CLEC's Virtual Collocation on the same Premises).
CLEC-to-CLEC Connections shall be ordered either as part of a Collocation Application
under Section 8.4, or separately from a Collocation Application in accordance with
Section 8.4.7. CLEC-to-CLEC Cross Connections at an ICDF are available, as follows:
8.2.1.23.1 CLEC-to-CLEC Cross Connections at the ICDF.
8.2.1.23.1.1 CLEC-to-CLEC Cross Connection (COCC-X) is
defined as CLEC's capabilty to order a Cross Connection from its
Collocation in a CenturyLink Premises to its non-adjacent Collocation
space or to another CLEC's Collocation within the same CenturyLink
Premises at the ICDF..8.2.1.23.1.2 CenturyLink will provide the capability to combine
these separate Collocations through an Interconnection Distribution
Frame (ICDF). This is accomplished by the use of CLEC's Connecting
Facility Assignment (CFA) terminations residing at an ICDF. Also, ICDF
Cross Connections must terminate on the same ICDF at the same service
rate leveL.
8.2.1.23.1.3 If CLEC has its own dedicated ICDF, CLEC is
responsible for ordering tie cables to the common ICDF frame/bay where
the other CLEC resides. These tie cables would be ordered through the
existing Collocation Application form.
.
8.2.1.23.1.4 CLEC is responsible for the end-to-end service
design that uses ICDF Cross Connection to ensure that the resulting
service meets its End User Customets needs. This is accomplished by
CLEC using the Design Layout Record (DLR) for the service connection.
8.2.1.23.1.5 If two (2) CLECs are involved, one (1) CLEC acts as
the "ordering" CLEC. The ordering CLEC identifies both connection
CFAs on the ASR. CLEC requests service order activity by using the
standard ASR forms. These forms are agreed upon nationally at the OBF
(Ordering and Billing Forum). Refer to the DMP (Document Management
Platform)/Carrier/Carrier Centers/"A"/"ASOG" for copies of all forms
including definitions of the fields. CLEC is responsible for obtaining these
forms. CenturyLink must not reproduce copies for its Customers, as this
is a copyright violation. The standard industry forms for CLEC-to-CLEC
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Cross Connections (COCC-X) are: Access Service Request (ASR),
Special Access (SPE) and Additional Circuit Information (ACI). .
8.2.1.24 CenturyLink wil provide CLEC the same connection to the network as
CenturyLink uses for provision of services to CenturyLink End User Customers. The
direct connection to CenturyLink's network is provided to CLEC through a direct
connection to CenturyLink's existing Cross Connection network. CLEC and CenturyLink
wil share the same distributing frames for similar types and speeds of equipment, where
Technically Feasible and space permitting.
8.2.1.25 CLEC terminations wil be placed on the appropriate CenturyLink Cross
Connection frames using standard engineering principles. CLEC terminations wil share
frame space with CenturyLink terminations on CenturyLink frames without a requirement
for an intermediate device.
8.2.1.26 If CLEC disagrees with the selection of the CenturyLink Cross Connection
frame, CLEC may request a tour of the CenturyLink Premises to determine if Cross
Connection frame alternatives exist, and may request a connection to an alternative
frame or an alternative arrangement, such as direct connections from CLEC's
Collocation space to the MDF or COSMICTM frame.
8.2.1.27 Conversions of the various Collocation arrangements (e.g., Virtual to
Physical) wil be considered on an Individual Case Basis. CLEC must pay all associated
conversion charges.
8.2.1.28 CenturyLink \;hall permit CLEC to construct or subcontract the
construction and build-out of Physical Collocation arrangements with contractors
approved by CenturyLink. Such CLEC construction of Physical Collocation
arrangements are for within CLEC's physical space including the cage, if appropriate,
frames, and cable racking. Also, CLEC may install the tie cables, blocks, and
terminations on the ICDF or CLEC-to-CLEC connections, outside CLEC's physical space
and according to CenturyLink's design. CenturyLink approval of CLEC contractors
involves security access arrangements and shall not be unreasonably withheld. CLEC is
not required to use CenturyLink or CenturyLink contracted personnel for the engineering
and installation of CLEC's collocated equipment. Approval by CenturyLink of CLEC's
employees, vendors or subcontractors shall be based on the same criteria that
CenturyLink uses in approving contractors for its own purposes.
.
8.2.1.29 CenturyLink wil provide CLEC with written notification at least five (5)
business days before any scheduled non-emergency AC or DC power work in the
collocated facility that may cause a power disruption to CLEC equipment located in the
CenturyLink facility. This does not include notification of routine power testing or power
installation work not expected to cause a power disruption. CenturyLink wil use diligent
efforts to notify CLEC by the Abnormal Condition Report (ACR) of: (a) general power
outages as soon as CenturyLink becomes aware that an outage is to take place or has
occurred and (b) any emergency power disruption that would impact CLEC equipment
no later than thirty (30) minutes after such activity commences. Finally, CenturyLink
shall immediately notify CLEC by ACR if an alarm condition exists with respect to the
monitoring of power that poses a material risk to the continued operation of CLEC
equipment..
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Collocation.8.2.1.30 Optional DC Power Measurement. CLEC wil order DC power to meet its
needs with a twenty (20) amperes (amp) per feed minimum. If CLEC orders more than
sixty (60) amps, CenturyLink typically terminates such feed on a power board. If CLEC
orders sixty (60) amps or less, the power feed typically terminates at a battery
distribution fuse board (BDFB). No power measurements are performed at a BDFB.
Therefore, for sixty (60) amps or less, the power usage rate is based on CLEC ordered
amps. For power feeds of greater than sixty (60) amps terminated at the power board,
CenturyLink will measure usage on a semi-annual basis if CLEC orders Optional DC
Power Measurement. CenturyLink wil also take a reading within thirty (30) Days of a
written request by CLEC. CenturyLink wil perform a maximum of four (4) readings per
year for a particular Collocation site. Until the routine semi-annual reading or until such
time that CenturyLink makes a reading based on a written request, CenturyLink wil bil
CLEC based on the amount of power ordered. Based on the reading, CenturyLink will
adjust the new monthly usage rate to CLEC's actual usage rate on a going forward
basis.
.
8.2.1.31 Joint Testing. Joint Testing allows CLEC to request CenturyLink to
participate in Joint Testing of CLEC terminations at the Interconnection Distribution
Frame (ICDF). CLEC may request Joint Testing on the Collocation Application form or
by sending a separate Joint Testing Application form. Collocation and Joint Testing
Application forms are available in the PCAT. CLEC must specify on its application the
terminations to be tested and the type of tests to be performed with CenturyLink. CLEC
must provide contact information on the application for CenturyLink to arrange the Joint
Testing date and time. Once CLEC has completed its installation work and is ready for
testing, CLEC formally requests Joint Testing via e-mail toRFSMET~centurylink.com.
Upon receipt of request CenturyLink and CLEC wil promptly meet and agree upon a
date to perform Joint Testing, which shall take place no later than thirty (30) Days after
the request.
8.2.1.31.1 CenturyLink wil only test between CLEC Collocation and the
ICDF once CLEC equipment is in place. Joint Testing is only available for the
terminations identified on the Collocation Application or Joint Testing Application.
If CLEC wants additional terminations tested that are not identified on its initial
application, CLEC wil need to complete a new Joint Testing Application.
8.2.1.31.2 Each Party will provide appropriate test equipment for its
technicians. CenturyLink wil assist CLEC in conducting continuity tests on
terminations at the ICDF. CenturyLink wil not operate CLEC test equipment. If
errors are found during the Joint Testing, CenturyLink wil only repair CenturyLink
network faults. CLEC is responsible for replacement or repair of CLEC-provided
facilities.
.
8.2.1.31.3 If during the scheduled Joint Testing, the CenturyLink-caused
error rate is more than two percent (2%) on the terminations identified for testing,
CenturyLink wil not charge for this Joint Testing. If there are less than two
percent (2%) errors found or if the errors found are facility errors on CLEC
provided facilities, CenturyLink wil charge for the Joint Testing. One (1) pair is
counted as two (2) terminations and errors are counted on a one (1) termination
basis. If CLEC requests that the charges be waived because CenturyLink errors
are found during Joint Testing, CenturyLink may access CLEC's Collocation
space to identify if the facility cabling sequence is correct, per applicable
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standards. CLEC may review CenturyLink facility cabling at the ICDF to verify
the cable sequence, per applicable standards. .
8.2.1.32 DC Power Reduction, Restoration, and Deactivation. DC Power
Reduction With Reservation allows CLEC to reserve a fuse or breaker position on the
power board or battery distribution fuse board (BDFB) when reducing a secondary
power feed to zero. CLEC wil pay a monthly power maintenance charge to retain the
existing power cabling and fuse position for future power augment requests or until such
time as CLEC notifies CenturyLink it wishes to discontinue the option. DC Power
Reduction Without Reservation allows CLEC to reduce the ordered amps on a primary
or secondary feed to a minimum of twenty (20) amps. DC Power Off allows CLEC to
deactivate their secondary power feed and remove it from the power distribution point
(e.g., BDFB or power board). A primary power feed with a minimum of 20 Amps, must
be maintained in each collocation at all times, with the exception of Adjacent Collocation,
Common Area Splitter Collocation, Facilty Connected Collocation, and ICDF
Collocation. Adjacent Collocation, Common Area Splitter Collocation, Facility
Connected Collocation, and ICDF Collocation do not have a minimum DC power
requirement.
8.2.1.32.1 Applications for DC Power Reduction/Restoration/Deactivation
may be submitted only for Collocation sites that have been completed and
accepted by CLEC, otherwise CLEC should follow standard change or augment
procedures including the applicable rates for changes or augments. On the
Collocation Application, CLEC should indicate that it is a request for DC Power
Reduction/Restoration/Deactivation and identify the specific power feeds.
CenturyLink wil notify CLEC of any deficiencies in the Collocation Application,
within ten (10) Days of receipt. A quotation for the DC Power
Reduction/Restoration/Deactivation wil be provided to CLEC within twenty-five
(25) Days. The quoted nonrecurring charges wil be honored for thirty (30)Daysfrom the quotation. CLEC payment of all quoted nonrecurring charges
constitutes acceptance and CenturyLink wil then perform the work. If CLEC
accepts the quotation within seven (7) Days, CenturyLink shall complete the DC
Power Reduction within ninety (90) Days of receipt of the Collocation Application.
If CLEC accepts the quotation after seven (7) Days, CenturyLink shall complete
the DC Power Reduction within ninety (90) Days of receipt of CLEC's
acceptance.
.
8.2.1.32.2 CLEC assumes all responsibilty for outages or impacts to CLEC
services and equipment due to the reduction in DC power. Restoration of the DC
power is contingent upon the desired power and fuse availability.
8.2.1.32.3 Before submitting a Collocation Application requesting DC
Power Reduction/Restoration/Deactivation, CLEC's financial obligations for the
Collocation site must be current, with the exception of formally disputed charges.
Biling to CLEC wil be revised to reflect the reduced/restored/eliminated DC
power upon receipt of payment of the quoted charges effective back to the date
of acceptance by CenturyLink of the Collocation Application.
8.2.1.32.4 If a shortage of fuse positions is imminent, CenturyLink wil notify
CLEC of the need to exercise its option to reuse the power feed and fuse, or
relinquish the fuse position for use by another CLEC or CenturyLink. Upon .
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Collocation.receipt of such notification, CLEC must request restoration of the secondary
power feed to at least twenty (20) amps or return the fuse position to CenturyLink
within thirty (30) Days.
8.2.1.33 Collocation Available Inventory. Collocation Available Inventory provides
CLEC with information about the availability of (a) returned Collocation sites and
elements under CenturyLink's control ("CenturyLink Postings") and (b) CLEC controlled
sites that may be posted are available for a Transfer of Responsibility ("CLEC
Postings"). CenturyLink and CLECs may post available Collocation sites onCenturyLink's wholesale web site at:
http://ww.centurvlink.com/wholesale/collocationspace.html. CLEC must either have
an approved Interconnection Agreement or is currently negotiating with CenturyLink to
have an interim Interconnection Agreement with the specific type of Collocation to be
obtained. If the Interconnection Agreement is pending approval, CLEC must execute an
early ordering letter. CenturyLink reserves the right to remove CenturyLink Postings to
satisfy CLEC Collocation Applications or CenturyLink space requirements. CenturyLink
shall not use the CenturyLink Postings as a basis to claim exhaust in any CenturyLink
Premises.
.
8.2.1.33.1 CLEC obtaining a Collocation site from CenturyLink Postings
must not have any overdue financial obligations owed to CenturyLink for
Collocation, with the exception of formally disputed charges. CLEC wil be
required to pay a minimum of six (6) months of space construction and floor
space lease recurring charges if CLEC terminates its lease prior to six (6) months
occupancy.
8.2.1.33.2 CenturyLink Postings. Collocation sites available in CenturyLink
Postings may be partially or fully completed before being returned to CenturyLink
inventory. Both Caged Physical Collocation and Cageless Physical Collocation
sites wil be offered in the CenturyLink Postings and wil be available under the
terms and conditions set forth in the Interconnection Agreement of the CLEC
acquiring the Collocation space. CLEC may request to add to or complete the
Collocation site to its specifications. CLEC may also request that CenturyLink
reduce the cable terminations and CLEC wil be charged for the removal of such
cable terminations.
8.2.1.33.3 All services that were previously connected to the Collocation
(e.g., UNEs, CLEC to CLEC, administrative lines, Finished Services, and LineSplitting) will be disconnected before the site is listed in the CenturyLink
Postings. Power, grounding, and Entrance Facilities will also be disconnected
before the site is listed. CenturyLink shall inventory all reusable and
reimbursable elements and include them in the Collocation site information.
.
8.2.1.33.4 CenturyLink may also elect to offer Collocation sites returned
through bankruptcy or abandonment consistent with Applicable Law (Le.,
"Special Sites"). These Collocation sites will not be decommissioned and wil be
posted as unverified sites with equipment which may include electronic
equipment, racks, cages, DC power, grounding and terminations. It is expressly
understood and agreed that CenturyLink is sellng equipment that is used or
surplus equipment on an "as is, where is" basis with all faults, latent and patent,
and the equipment is conveyed without any CenturyLink warranties or
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representations of any kind, express or implied. CLEC is responsible for all
softare and software license agreements for any equipment conveyed as part .
of a Special Site. CLEC is responsible for handling, scrapping, destruction or
other disposition of any equipment conveyed as part of a Special Site and shall
conform and comply with: (a) All applicable federal, state, county and municipal
laws, statutes, regulations, and codes regulating hazardous wastes, materials or
substances, including, but not limited to the Toxic Substances Control Act
(TSCA) (15 U.S.C. § 2601 et seq.); the Resource Conservation and Recovery
Act (RCRA) (42 U.S.C. § 6901 et seq.); Hazardous Materials Transportation Act
(HMTA) (49 U.S.C. § 1801 et seq.); Occupational Safety and Health Act (OSHA)
(29 U.S.C. § 651 et seq.); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA)(42 U.S.C. § 9601 et seq.); and any
successor acts thereto or the regulations promulgated thereunder and any
applicable International laws and regulations; (b) Environmental rules and
regulations governing environmental impacts associated with the production and
or recovery of precious metals, scrap metals and material processing and or
residual material disposition whether hazardous or non-hazardous as defined by
governing laws and or applicable laws and are the sole responsibility of CLEC;
and (c) All hazardous waste, hazardous material, hazardous substances or solid
waste manifests relating to the shipping, receiving, disposal or final disposition of
the equipment shall not reference, list or otherwise indicate on the manifest that
CenturyLink is the generator, arranger, transporter, owner or otherwise the party
that owns, controls, manages, handles, stores, generates or otherwise uses the
equipment. On any required hazardous waste, hazardous material, hazardous
substances or solid waste manifest relating to the shipping, receiving, disposal or
final disposition of the equipment, CLEC shall be listed as the generator, .
arranger and owner of the materials.
8.2.1.33.5 CLEC wil submit a Collocation Application indicating a specific
Collocation site from the Collocation Available Inventory. CenturyLink wil follow
the standard Collocation provisioning intervals for the type of Collocation as
included in CLEC's Interconnection Agreement. During preparation of the
quotation, CenturyLink will validate all reusable elements and send an inventory
verification letter. After receipt of the validated inventory, CLEC may cancel the
Collocation Application or submit a change to the pending Collocation
Application. Any cancellation due to differences between the CenturyLink
Posting and actual inventory wil not result in a QPF or Engineering and Design
Fee being charged.
8.2.1.33.6 Charges for Collocation sites listed in the CenturyLink Postings
wil be on a site specific basis, according to assuming CLEC's Interconnection
Agreement and its requested work in the Collocation Application. Assuming
CLEC wil receive a fift percent (50%) discount on nonrecurring reusable
elements, if any, as defined in Section 8.2.1.22.
8.2.1.34 CLEC Collocation of Splitters
8.2.1.34.1 If. CLEC elects to have Splitters installed in CenturyLink Wire
Centers via the standard Collocation arrangements, CLEC wil either purchase
the Splitters or have CenturyLink purchase the Splitters subject to full .
reimbursement of the cost of the Splitters plus any pass through of actual vendor .
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Collocation.invoice costs, including but not limited to taxes, shipping and handling. The
Splitters must meet the requirements for Central Office equipment Collocation set
by the FCC. CLEC wil be responsible for installing and maintaining the Splitters
in its Collocation areas within CenturyLink Wire Centers.
8.2.1.34.2 Reclassification allows a CLEC that has existing spare
terminations to reclassify those terminations for UNE or other services as
necessary. Reclassification is required when the terminations for the requested
services are inventoried in a database different from the database of the existing
spare terminations. A spare termination is a CLEC termination that is not in use
and has no pending orders against it.
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8.2.1.34.3 CLEC may designate some or all of its existing tie cables for use
in connection with UNEs or other services. CenturyLink wil perform any
necessary tie cable reclassifications, frame re-stenciling, and related work for
which it is responsible and that is required to provision Line Splitting and Loop
Splitting. Charges wil apply pursuant to Exhibit A of the Agreement.
8.2.1.34.4 Two (2) ITPs and two (2) tie cables wil be needed to connect
Splitters to the CenturyLink network. One (1) ITP wil carry both voice and data
traffic from the COSMICTM/MDF Loop termination, to an appropriate ICDF. From
this frame, one (1) tie cable wil carry both voice and data traffic to the Splitter
located in CLEC's Collocation area. The voice and data traffic wil be separated
at the Splitter. The data traffc wil be routed to CLEC's network within its
Collocation area. The voice traffic wil be routed to the COSMICTM/MDF Switch
termination, via the ICDF, using a second tie cable and a second ITP.
8.2.1.34.5 Interconnection Tie Pairs and Tie Cables. There are two (2)
types of ITP arrangements for connecting the CenturyLink network to the CLEC
provided Splitter, depending on whether CLEC elects to use an ICDF or direct
connections.
8.2.1.34.5.1 CLEC may elect to use an ICDF. In this instance, one (1)
ITP carries the combined voice/data signal from the COSMICTM/MDF
Loop termination to the ICDF and a second ITP carries the voice only
signal from the ICDF to the COSMICTM/MDF Switch termination. For
each Shared Loop, two (2) pairs of the tie cable must be used: one (1)
pair of the tie cable wil carry the voice/data from the ICDF to the CLEC
provided Splitter, and the second pair wil carry the voice-only signal from
the CLEC provided Splitter to the ICDF.
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8.2.1.34.5.2 CLEC may elect to use direct connections between the
CLEC-provided Splitter and the COSMICTM/MDF. In this instance,
CenturyLink wil provide one (1) tie cable between each module of the
COSMICTM/MDF and the CLEC-provided Splitter. One (1) pair in the tie
cable wil carry the combined voice/data signal from the COSMICTM/MDF
Loop termination to the CLEC-provided Splitter in CLEC's Collocation
space. A second pair in the tie cable wil carry the voice-only signal from
the CLEC-provided Splitter to the Switch termination on the
COSMICTM/MDF. These tie cables wil be dedicated to CLEC's use, and,
as a result, the full cost of the necessary Mechanized Engineering and
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Layout for Distributing Frame (MELDTM) run, cable placement, and cable
termination, and associated COSMICTM/MDF hardware to terminate a tie .
cable on each outside plant and Switch equipment module of the
COSMICTM/MDF wil be assessed to CLEC in accordance with Section 8
(Collocation). To minimize CLEC's cost, to the extent feasible,
CenturyLink shall consolidate CLEC's requirements with the requirements
of CenturyLink and other CLECs into a single MELDTM run whenever
feasible. Costs of such consolidated MELDTM runs shall be prorated
among the parties, including CenturyLink. CenturyLink will provide, for
each Shared Loop, the tie cable pair assignments.
8.2.1.34.6 The Demarcation Points between CenturyLink's network and
CLEC's network will be the place where the combined voice and data Loop is
connected to the ICDF, or where CLEC chooses a direct connection to the
COSMICTM/MDF, where the combined voice and data Loop originates from
CLEC's Collocation.
8.2.1.35 Collocation Joint Inventory Visit. Collocation Joint Inventory Visit allows
CLEC to request a comprehensive visit with CenturyLink at an existing Central Office
Collocation site. The purpose of this Joint Inventory Visit is to review space, power,
terminations, synchronization, administrative lines, virtual equipment, common area
splitter, AC outlets, and to verify bilable rate elements versus actual biling.
8.2.1.35.1 There wil be no time allocated during the visit for testing or
repairing items identified. The Joint Inventory Visit Process excludes physical
review of the Entrance Facility POI location. Inventory wil be documented and
any deviations identified on a "Collocation-Joint Inventory Visit Form." This form .
wil become the basis for a follow-up corrective action plan based on mutual
agreement. A copy wil be provided to CLEC prior to the wrap-up conference
calL.
8.2.1.35.2 Joint Inventory Visit is available for any Central Office premise
type of Collocation.
8.2.1.35.3 Joint Inventory Visit quotation wil be communicated from the
CenturyLink Collocation Project Management Center (CPMC) via email to CLEC
and followed by an invoice requiring 100% payment. Quotations are sustainable
upon receipt, since the shortened timeframe requires immediate processing by
CenturyLink.
8.2.1.35.4 The visits wil be conducted during normal business hours defined
as: Monday through Friday from 8 am to 5 pm local time excluding CenturyLink
recognized holidays.
8.2.1.35.5 The CenturyLink employee conducting the visit wil be a
knowledgeable management employee. The CenturyLink representative will be
identified by a State Interconnect Manager (SICM).
8.2.1.35.6 The overall process for a Collocation Joint Inventory Visit wil be
sixty (60) Days from receipt of a valid and complete application to completion of
the Joint Inventory Visit, subject to scheduling availability of both CenturyLink
and the CLEC..
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8.2.2
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8.2.1.35.7 A maximum of two scheduling visits wil be planned subject to a
minimum forty-eight (48) hour cancellation policy. Any cancellation less than
forty-eight (48) hours prior to the scheduled Joint Inventory Visit time or failure to
conduct the visit by CLEC wil result in CLEC being biled and no deliverables
received.
8.2.1.35.8 CLEC must submit a "Joint Inventory Visit Application" to order a
Collocation Joint Inventory Visit. The Joint Inventory Visit Application is available
at http://ww.centurylink.com/wholesale/pcatlcollocation.html#imp.
8.2.1.35.9 Each site requested wil require a separate application form. This
is defined as each eleven digit CLLI code location.
8.2.1.35.10 CLEC wil receive an email acknowledgment of the application
receipt and validation or feedback on any information requiring clarification within
one (1) business day.
Terms and Conditions. Virtual Collocation
8.2.2.1 CenturyLink is responsible for installing, maintaining, and repairing
virtually collocated equipment for the purpose of Interconnection or to access UNEs,
ancilary and Finished Services. When providing Virtual Collocation, CenturyLink shall
install, maintain, and repair collocated equipment within the same time periods and with
failure rates that are no greater than those that apply to the performance of similar
functions for comparable equipment of CenturyLink.
8.2.2.2 CLEC wil not have physical access to the virtually collocated equipment
in the CenturyLink Premises. However, CLEC wil have physical access to the
Demarcation Point in the CenturyLink Premises.
8.2.2.3 CLEC wil be responsible for obtaining and providing to CenturyLink
administrative codes (e.g., common language codes) for all equipment provided by
CLEC and installed in CenturyLink Premises.
8.2.2.4 CLEC shall ensure that upon receipt of CLEC's virtually collocated
equipment by CenturyLink, all warranties and access to ongoing technical support are
passed through to CenturyLink at CLEC's expense. CLEC shall advise the manufacturer
and seller of the virtually collocated equipment that CLEC's equipment wil be
possessed, installed and maintained by CenturyLink.
8.2.2.5 CLEC's virtually collocated equipment must comply with Telcordia
Network Equipment Building System (NEBS) Level 1 safety standards and any statutory
(local, state or federal) and/or regulatory requirements in effect at the time of equipment
installation or that subsequently become effective. CLEC shall provide CenturyLink
interface specifications (e.g., electrical, functional, physical and softare) of CLEC's
virtually collocated equipment. Such safety and engineering standards shall apply to
CLEC equipment only to the degree that they apply to CenturyLink equipment located in
CenturyLink's Premises.
8.2.2.6 CLEC must specify all software options and associated plug-ins for its
virtually collocated equipment.
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8.2.2.7 CLEC wil be responsible for payment of CenturyLink's initial direct
training charges associated with training CenturyLink employees for the maintenance, .
operation and installation of CLEC's virtually collocated equipment when such equipment
is different than the standard equipment used by CenturyLink in that Premises. This
includes per diem charges (Le., expenses based upon effective CenturyLink labor
agreements), travel and lodging incurred by CenturyLink employees attending a vendor-
provided training course.
8.2.2.8 CLEC wil be responsible for payment of reasonable charges incurred in
the maintenance and/or repair of CLEC's virtually collocated equipment in accordance
with this Agreement, unless otherwise agreed by the Parties. Notwithstanding the
foregoing, CLEC shall not be responsible for any costs or charges incurred in the
maintenance and/or repair of CLEC's virtually collocated equipment where such costs or
charges result from CenturyLink's fault or negligence.
8.2.3 Terms and Conditions. Caged and Cage less Physical Collocation
8.2.3.1 CenturyLink shall provide Caged and Cageless Physical Collocation to
CLEC for access to UNEs and ancilary services and Interconnection, except that
CenturyLink may provide Virtual Collocation if CenturyLink demonstrates to the
Commission that Physical Collocation is not practical for technical reasons or because of
space limitations, as provided in Section 251 (c)(6) of the Act.
8.2.3.2 Physical Collocation is offered in Premises on a space-available, first
come, first-served basis.
8.2.3.3 Intentionally Left Blank..
8.2.3.4 CenturyLink wil design the floor space in the most efficient manner
possible within each Premises that will constitute CLEC's leased space. CLEC wil, in
accordance with the other terms and conditions of this Section, have access to its leased
space.
8.2.3.5 When CenturyLink constructs the collocated space, CenturyLink wil
ensure that the necessary construction work (e.g., racking, ducting and caging for Caged
Physical Collocation) is performed pursuant to CenturyLink Technical Publication 77350,
including all construction of CLEC's leased physical space and the riser from the vault to
the leased physical space.
8.2.3.6 Generally, CLEC owns or leases and is responsible for the installation,
maintenance and repair of its equipment located within the physically collocated space
leased from CenturyLink. One exception is the Bay itself.
8.2.3.6.1 This Section allows CLEC to request CenturyLink to procure and
install necessary equipment bay infrastructure for CLEC. CLEC agrees to
provide CenturyLink with all bay specifications needed to procure the proper bay.
8.2.3.6.2 Upon receipt of a complete Collocation Application where the
CLEC has requested that CenturyLink procure and install the Cageless bay
infrastructure, CenturyLink wil review the bay specifications provided on the .
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Collocation.Application. Within three (3) Days of validation of the application, CenturyLink
wil contact CLEC with any questions.
8.2.3.6.3 If Collocation Entrance Facilities and space are available,
CenturyLink wil develop a price quotation within twenty-five (25) Days of
completion of the feasibility study. Price quotations wil be honored for thirty (30)
Days from the date the quotation is provided. During this period the Collocation
Entrance Facility and space are reserved pending CLEC's Acceptance of the
quoted charges.
8.2.3.6.4 Within thirty (30) Days of receipt of the quotation, CLEC must
submit Acceptance with 50% payment of the nonrecurring charges or
acknowledge non-Acceptance of the quoted charges.
8.2.3.6.5 Upon receipt of Acceptance and 50% payment of the quoted
nonrecurring charges, CenturyLink wil procure and install the equipment bay on
behalf of CLEC. The equipment bay installation wil be completed with the
Standard Installation Intervals listed in this Agreement.
8.2.3.6.6 Upon completion of the Equipment Bay installation, CLEC
assumes ownership of the Equipment Bay and is responsible for removal of the
bay upon Decommissioning of the site. Equipment includes all CLEC owned
electronic equipment, equipment racks, mounting hardware, and CLEC supplied
cable (including direct CLEC-to-CLEC cables)..8.2.3.7 CenturyLink shall permit CLEC to commence installation of its equipment
prior to completion of CenturyLink's work on the remaining Collocation infrastructure, at
no additional charge to CLEC. Such "early access" date will be negotiated by
CenturyLink and CLEC on a site specific basis. In order to obtain early access, CLEC
must pay eighty percent (80%) of the remaining fifty percent (50%) of the quoted
nonrecurring charges before early access is granted, leaving a holdback of ten percent
(10%) of the originally quoted nonrecurring charges. All appropriate (Le., space and
cable racking) recurring charges will begin on a negotiated date. The enclosure for
Caged Physical Collocation must be complete before early access is granted. Such
early access by CLEC shall not interfere with the work remaining to be performed by
CenturyLink.
8.2.3.8 Upon completion of the construction of the Collocation project,
CenturyLink will work cooperatively with CLEC in matters of joint testing and
maintenance.
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8.2.3.9 If, during installation, CenturyLink determines CLEC activities or
equipment do not comply with the NEBS Level 1 safety standards listed in this Section
or are in violation of any Applicable Laws or regulations all equally applied to
CenturyLink, CenturyLink has the right to stop all installation work until the situation is
remedied. CenturyLink shall provide written notice of the non-compliance to CLEC and
such notice wil include: (1) identification of the specific equipment and/or installation not
in compliance; (2) the NEBS 1 safety requirement that is not met by the equipment
and/or installation; (3) the basis for concluding that CLEC's equipment and/or installation
does not meet the safety requirement; and (4) a list of all equipment that CenturyLink
locates at the Premises in question, together with an affidavit attesting that all of that
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equipment meets or exceeds the safety standard that CenturyLink contends CLEC's
equipment fails to meet. If such conditions pose an immediate threat to the safety of
CenturyLink employees, interfere with the performance of CenturyLink's service
obligations, or pose an immediate threat to the physical integrity of the conduit system,
cable facilties or other equipment in the Premises, CenturyLink may perform such work
and/or take action as is necessary to correct the condition at CLEC's expense. In the
event that CLEC disputes any action CenturyLink seeks to take or has taken pursuant to
this provision, CLEC may pursue immediate resolution by the Commission or a court of
competent jurisdiction.
8.2.3.10 All equipment placed wil be subject to random safety audits conducted by
CenturyLink. These audits wil determine whether the equipment meets the NEBS Level
1 safety standards required by this Agreement. CLEC wil be notified of the results of
this audit. If, at any time, pursuant to a random audit or otherwise, CenturyLink
determines that the equipment or the installation does not meet the NEBS standards
described in Section 8.2.1.8, CLEC wil be responsible for the costs associated with the
removal, modification to, or installation of the equipment to bring it into compliance.
CenturyLink shall provide written notice of the non-compliance to CLEC, and such notice
will include: (1) identification of the specific equipment and/or installation not in
compliance; (2) the NEBS 1 safety requirement that is not met by the equipment and/or
installation; (3) the basis for concluding that CLEC's equipment and/or installation does
not meet the safety requirement; and (4) a list of all equipment that CenturyLink locates
at the Premises in question, together with an affidavit attesting that all of that equipment
meets or exceeds the safety standard that CenturyLink contends CLEC's equipment fails
to meet. If CLEC fails to correct any non-compliance within fifteen (15) Days of written
notice of non-compliance, or if such non-compliance cannot be corrected within fifteen
(15) Days of written notice of non-compliance, and if CLEC fails to take all appropriate
steps to correct any non-compliance as soon as reasonably possible, CenturyLink may
pursue immediate resolution by the Commission or a court of competent jurisdiction. If
there is an immediate threat to the safety of CenturyLink employees, or an immediate
threat to the physical integrity of the conduit system, cable facilities, or other equipment
in the_Premises, CenturyLink may perform such work and/or take such action as is
necessary to correct the condition at CLEC's expense.
8.2.3.11 CenturyLink shall provide basic telephone service with a connection jack
at the request of CLEC for Caged or Cage less Physical Collocation space. Upon
CLEC's request, this service shall be available per standard CenturyLink business
service Provisioning processes and rates.
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.
8.2.3.12 For Caged Physical Collocation, CLEC's leased floor space wil be
separated from other CLECs and CenturyLink space through a cage enclosure.
CenturyLink wil construct the cage enclosure or CLEC may choose from CenturyLink
approved contractors or may use another vendor of CLEC's own choosing, subject to
CenturyLink's approval which may not be unreasonably withheld, to construct the cage
enclosure. All CLEC equipment placed wil meet NEBS Level 1 safety standards, and
will comply with any local, state, or federal regulatory requirements in effect at the time
of equipment installation or that subsequently become effective.
8.2.3.13 For Cage less Physical Collocation in a Wire Center, the minimum square
footage is nine (9) square feet per bay (however, if smaller bays are or become
available, CenturyLink wil reduce the minimum square footage accordingly). Requests .
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Collocation.for multiple bay space wil be provided in adjacent bays where possible. When
contiguous space is not available, bays may be commingled with other CLECs'
equipment bays. CLEC may request, through the CenturyLink Space Reclamation
Policy, a price quotation to rearrange CenturyLink equipment to provide CLEC with
adjacent space;
8.2.4 Transmission Facilty Access to Collocation Space
8.2.4.1 For Virtual or Physical Collocation, CLEC may select from four (4)
optional methods for facility access to its Collocation space. They include: 1) fiber
Entrance Facilities, 2) purchasing private line or Access Services, 3) Unbundled Network
Elements, and 4) microwave Entrance Facilities. Other Entrance Facility technologies
may be requested through the BFR process.
8.2.4.2 Collocation Fiber Entrance Facilities. CenturyLink offers three (3) Fiber
Collocation Entrance Faciliy options - Standard Fiber Entrance Facility, Cross Connect
Fiber Entrance Facility, and Express Fiber Entrance Facilities. These options apply to
Caged and Cageless Physical Collocation and Virtual Collocation. Fiber Entrance
Facilties provide the connectivity between CLEC's collocated equipment within the
CenturyLink Wire Center and a Collocation Point of Interconnection (C-POI) outside the
CenturyLink Wire Center where CLEC shall terminate its fiber-optic facility, except the
Express Fiber Entrance Facilities.
.8.2.4.3 CLEC is responsible for providing its own fiber facilities to the C-POI
outside CenturyLink's Wire Center. CenturyLink wil extend the fiber cable from the C-
POI to a Fiber Distribution Panel (FDP). Additional fiber, conduit and associated riser
structure wil then be provided by CenturyLink from the FDP to continue the run to
CLEC's leased Collocation space (Caged or Cageless Physical Collocation) or CLEC's
equipment (Virtual Collocation). The CenturyLink-provided facility from the C-POI to the
leased Collocation space (Physical Collocation) or CLEC equipment (Virtual Collocation)
shall be considered the Collocation Fiber Entrance Facility. The preceding provisions do
not apply to an Express Fiber Entrance Facility which provides that CLEC fiber wil be
pulled to CLEC Collocation equipment without splices or termination on an FDP.
8.2.4.3.1 Standard Fiber Entrance Facility -- The standard fiber Entrance
Facility provides fiber connectivity between CLEC's fiber facilities delivered to the
C-POI and CLEC's Collocation space in increments of twelve (12) fibers. CLEC's
fiber cable is spliced into a CenturyLink-provided shared fiber entrance cable that
consists of six (6) buffer tubes containing twelve (12) fibers each for a seventy-
two (72) fiber cable. The seventy-two (72) fiber cable shall be terminated on a
Fiber Distribution Panel (FDP). A twelve (12) fiber Interconnection cable is
placed between CLEC's Collocation space and the FDP. The FDP provides
CenturyLink with test access and a connection point between the transport fiber
and CLEC's Interconnection cable.
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8.2.4.3.2 Cross Connect Fiber Entrance Facility - The cross connect fiber
Entrance Facility provides fiber connectivity between CLEC's fiber facilities
delivered to a C-POI and multiple locations within the CenturyLink Wire Center.
CLEC's fiber cable is spliced into a CenturyLink-provided shared fiber entrance
cable in twelve (12) fiber increments. The CenturyLink fiber cable consists of six
(6) buffer tubes containing twelve (12) fibers each for a seventy-two (72) fiber
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cable. The seventy-two (72) fiber cable terminates in a fiber distribution paneL.
This fiber distribution panel provides test access and flexibility for Cross .
Connection to a second fiber distribution paneL. Fiber Interconnection cables in
four (4) and twelve (12) fiber options connect the second fiber distribution panel
and equipment locations in the CenturyLink Wire Center. This option has the
ability to serve multiple locations or pieces of equipment within the CenturyLink
Wire Center. This option provides maximum flexibility in distributing fibers within
the Wire Center and readily supports Virtual and Cageless Physical Collocation
and multiple CLEC locations in the offce. This option also supports transitions
from one (1) form of Collocation to another.
8.2.4.3.3 Express Fiber Entrance Facility - CenturyLink wil place CLEC-
provided fiber cable from the C-POI directly to CLEC's Collocation space. The
fiber cable placed in the Wire Center must meet NEBS Level 1 fire rating
requirements. If CLEC provided cable does not meet NEBS Level 1 fire rating
requirements then a transition splice wil occur in the cable vault to insure that the
cable within the CenturyLink Wire Center meets requirements. This option will
not be available if there is only one (1) conduit with two (2) unused innerducts
(one (1) for emergency restoral and one for a shared entrance cable).
8.2.4.4 CenturyLink wil designate the location of the C-POI for Virtual, Caged
Physical or Cageless Physical Collocation arrangements.
8.2.4.5 The Collocation Entrance Facility is assumed to be fiber optic cable and
meets industry standards (GR. 20 Core). Metallc sheath cable is not considered a
standard Collocation Entrance Facility. Requests for non-standard entrances will be
considered through the BFR process described in the Bona Fide Request Process
Section of this Agreement. All costs and Provisioning intervals for non-standard
entrances wil be developed on an Individual Case Basis.
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8.2.4.6 CenturyLink shall provide an . Interconnection point or points, physically
accessible by both CenturyLink and CLEC, at which the fiber optic cable carrying
CLEC's circuits can enter CenturyLink's Wire Center, provided that CenturyLink shall
designate Interconnection points as close as reasonably possible to its Premises.
CenturyLink shall offer at least two (2) such Interconnection points at each CenturyLink
Wire Center when at least two (2) entry points pre-exist and duct space is available.
CenturyLink wil not initiate construction of a second, separate Collocation Entrance
Facility solely for Collocation. If CenturyLink requires the construction of a new
Collocation Entrance Facility for its own use, then the needs of CLEC wil also be taken
into consideration.
8.2.4.7 As an alternative to the Fiber Entrance Facilities described above, CLEC
may purchase CenturyLink Tariffed or cataloged Private Line or Switched Access
Services.
8.2.4.8 As an alternative to the Fiber Entrance Facilities described above, CLEC
may purchase unbundled dedicated interoffice transport.
8.2.4.9 Microwave Entrance Facilities. CenturyLink offers Microwave Entrance
Facilities, on Premises owned or controlled by CenturyLink, to access CLEC
transmission equipment collocated on or inside the CenturyLink Premises. The rooftop, .
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Collocation.duct, conduit, and riser cable space for Microwave Entrance Facilties is available on a
first-come, first-served basis, where Technically Feasible. CLEC may place its
microwave antenna on a CenturyLink owned or controlled existing tower, building, or
supporting structure, where space is available, or CLEC may construct such tower or
supporting structure, if necessary and if there is sufficient space and the building
structure is not jeopardized. Such microwave equipment wil be limited to that which is
necessary for Interconnection to CenturyLink's network or access to CenturyLink's
Unbundled Network Elements.
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8.2.4.9.1 CenturyLink wil jointly coordinate and plan with CLEC for the
placement and location of the microwave equipment on a non-penetrating roof
mount, or an existing tower or supporting structure on the exterior of a
CenturyLink Premises. The method of placing CLEC microwave equipment shall
be mutually agreed upon. Tower space or building roof space that allows for
unobstructed line-of-sight wil be provided by CenturyLink where Technically
Feasible. A weather proof cable entry hatch or an existing wave-guide hatch or
other suitable entrance into the building is required. If space is available, CLEC
may use an existing cable entry hatch or a new cable entry hatch wil need to be
constructed. The cable entry hatch charges are on a per port used basis.
8.2.4.9.2 CLEe can perform the determination of line-of-sight feasibiliy or
structural analysis or CLEC can request that CenturyLink perform either of these
functions. CLEC will submit a Microwave Entrance Facility Application for each
antenna arrangement and each CenturyLink Premises requested. A site visit wil
include appropriate CenturyLink and CLEC personnel for the purpose of
determining whether an unobstructed line-of-sight is Technically Feasible and
structural analysis of the building. The site visit wil take place within fifteen (15)
Days, or as soon thereafter as can be scheduled by the Parties, of receipt by
CenturyLink of CLEC's Microwave Entrance Facility Application. If CLEC
performs the structural analysis or line-of-sight feasibility, it shall submit a
response regarding its analysis to CenturyLink and CenturyLink will only bil for
an escort fee per site requested. If either Party disputes the technical feasibility,
space availability, or other conditions proposed by CenturyLink, the Parties wil
promptly petition the Commission for resolution of the dispute.
8.2.4.9.3 If CenturyLink performs the feasibility analysis, a response will be
provided to CLEC within thirty (30) Days of the site visit with the structural
analysis and line-of-sight feasibility. If the site visit determines that unobstructed
line-of-sight and placement of the microwave equipment are not Technically
Feasible, CLEC wil be biled only for the site visit. If the site visit determines that
the placement of microwave equipment is Technically Feasible, CenturyLink wil
provide a quotation for the Microwave Entrance Facilty with the quotation for the
submitted Collocation Application. If CLEC does not submit a Collocation
Application for the Premises within thirty (30) Days following the completion of
the line-of-sight and structural feasibility analysis or CLEC subsequently cancels
the Collocation Application, CLEC will be biled for the site visit.
.8.2.4.9.4 CLEC must obtain all necessary variances, licenses, approvals
and authorizations from governmental agencies with jurisdiction, such as use
permits, building permits, FCC licenses and FAA approval, if required, to
construct, operate and maintain CLEC's facilities. If CenturyLink's assistance is
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required in order for CLEC to obtain necessary licenses or permits, CenturyLink
wil not unreasonably withhold such assistance. CLEC wil pay all expenses .
associated with that assistance on a time and materials basis.
8.2.4.9.5 CLEC is responsible for the engineering, purchasing, supplying,
installing, maintaining, repairing and servicing of its microwave specific
equipment. CLEC shall provide the cable from the radio frequency (RF)
equipment to the building cable entry hatch. However, CLEC is not permitted to
penetrate the building extenor wall or roof. CenturyLink wil do all building
penetration and CenturyLink wil install, the coaxial cable or wave-
guide/transmission facility from the cable entry hatch to CLEC's Collocation
space within the interval, as set forth in Section 8.4, for the type of Collocation
requested by CLEC. CLEC facilities shall not physically, electronically, or
inductively interfere with the existing CenturyLink or other CLECs' equipment.
Each transmitter individually and all transmitters .collectively, for CenturyLink,
CenturyLink Affiliates and CLECs, at a given location shall comply with
appropriate federal, state, and local regulations governing the safe levels of RF
radiation.
8.2.4.9.6 Upon expiration or termination of the Collocation arrangement or
the Microwave Entrance Facility, CLEC shall return the antenna space to its
original condition. CLEC shall repair any damages caused by removal of its
microwave equipment, or by the use, operation or placement of its microwave
equipment on the Premises. If CLEC performs the foregoing, CenturyLink shall
impose no charges on CLEC for such work. In the event CLEC fails to remove
its microwave equipment, CLEC shall be liable to CenturyLink for all reasonable
costs of removal, restoration of the property, storage, and transportation to CLEC
of such microwave equipment incurred by CenturyLink.
.
8.2.5 Terms and Conditions - ICDF Collocation
8.2.5.1 Interconnection Distribution Frame (ICDF) Collocation is available if
CLEC has not obtained Caged or Cageless Physical Collocation, but requires access to
CenturyLink's Wire Center for combining Unbundled Network Elements, Finished
Services, including local Interconnection trunks, and ancilary services. ICDF
Collocation provides CLEC with access to the Interconnection Distribution Frame, where
CenturyLink wil terminate the Unbundled Network Elements, Finished Services and
ancilary services ordered by CLEC. CLEC may combine such services by running a
jumper on the ICDF, in accordance with Section 8.2.5.3". CLEC access to the ICDF wil
be on the same terms and conditions described for other types of Collocation in this
Section. There are multiple frames that could be used for ICDF Collocation including,
but not limited to, the following: a) existing Interconnection Distribution Frame (ICDF); b)
existing DSX panels for DS1 and DS3 services; c) new Interconnection Distribution
Frame; d) existing toll frame; e) fiber distribution panel; and, f) existing intermediate
frame. CenturyLink-provided combinations in accordance with Sections 9.1 and 9.23.3.7
are not provided by CenturyLink in CLEC's ICDF Collocation space.
8.2.5.2 All CenturyLink terminations on the Interconnection Distribution Frame
wil be given a frame address. CenturyLink. wil establish and maintain frame address
records for CenturyLink terminations. CenturyLink wil maintain assignment records for .
each Unbundled Network Element, Finished Service, and ancilary service ordered by
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Collocation.CLEC that is terminated on the Interconnection Distribution Frame. CenturyLink wil
provide CLEC with the frame assignments for each Unbundled Network Element,
Finished Service, and ancilary service terminated on the ICDF.
8.2.5.3 CLEC wil be required to place the jumper connection between frame
addresses to connect Unbundled Loops, ancilary and Finished Services. CLEC wil be
required to maintain the records for CLEC-provided jumpers.
8.2.5.4 Intentionally Left Blank.
8.2.6 Terms and Conditions. Adjacent Collocation and Adjacent Remote Collocation
8.2.6.1 CLEC may request Adjacent Collocation and Adjacent Remote
Collocation in an existing CenturyLink controlled environmental. vault, controlled
environmental hut, or similar structures on or under CenturyLink owned, leased or
otherwise controlled property contiguous to a CenturyLink Premises, to the extent
Technically Feasible. Adjacent Collocation in an existing structure shall be ordered as
Physical Collocation. Adjacent Remote Collocation in an existing structure shall be
ordered as Remote Collocation.
.
8.2.6.1.1 Alternatively, if no such structure described above exists, CLEC
may choose to construct or procure a structure to place on or under CenturyLink
owned, leased or otherwise controlled property contiguous to a CenturyLink
Premises. Such adjacent structure shall be in accordance with CenturyLink's
design and space planning for the site. CLEC may propose the design for the
adjacent structure, subject to CenturyLink's approvaL. CenturyLink will review the
building and property plans for the new structure within thirty (30) Days.
8.2.6.1.2 CLEC shall own such structure, subject to a reasonable ground
space lease. If CLEC terminates its Adjacent Collocation space, CenturyLink
shall have the right of first refusal to such structure under terms to be mutually
agreed upon by the Parties. In the event CenturyLink declines to take the
structure or terms cannot be agreed upon, CLEC may transfer such structure to
another CLEC for use for Interconnection and or access to UNEs. Transfer to
another CLEC shall be subject to CenturyLink's approval, which approval shall
not be unreasonably withheld. If no transfer of ownership occurs, CLEC is
responsible for removal of the structure and returning the property to its original
condition.
.
8.2.6.2 CenturyLink shall provide written authorization for use of CenturyLink's
property to CLEC or CLEC's contractor, to the extent that CenturyLink owns or controls
such property, to assist CLEC in obtaining any building permits or other approvals that
may be necessary to construct the facility. CLEC is responsible for construction of the
structure or procurement of an existing structure. CLEC is responsible for meeting all
State and municipal building and zoning requirements. As participants in utility
easements and public/private rights of way arrangements, CLEC and CenturyLink are
each responsible for insuring their respective facilities information (housing locations,
cable paths, etc.) is communicated to OneCall/Blue Stakes-type entities, as appropriate.
8.2.6.3 CenturyLink will provide power and all other Physical Collocation services
and facilties.
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8.2.6.4 Upon request, CenturyLink wil evaluate all parking or other spaces
outside the CenturyLink Premises on CenturyLink property that can be reasonably made .
available to CLEC for Adjacent Collocation. CenturyLink will retain a reasonable amount
of parking space for CenturyLink technicians or other vehicles, including CLEC's. Space
below a hoisting area wil not be relinquished for Collocation space.
8.2.6.5 If Physical Collocation space becomes available in a previously
exhausted CenturyLink structure, CenturyLink shall not require CLEC to move, or
prohibit CLEC from moving its Collocation arrangement into the CenturyLink structure.
Instead, CenturyLink shall continue to allow CLEC to collocate in any adjacent controlled
environmental vault, controlled environmental hut, or similar structure.
8.2.7 Terms and Conditions - Remote Collocation
8.2.7.1 Remote Collocation allows CLEC to collocate in a CenturyLink Remote
Premises that is located remotely from a CenturyLink Wire Center building property.
Such Remote Premises include controlled environmental vaults, controlled
environmental huts, cabinets, pedestals and other Remote Terminals.
8.2.7.2 The terms and conditions for Physical Collocation or Virtual Collocation
shall apply to Remote Collocation as appropriate to the specific Remote Premises
structure and subject to technical feasibility (e.g., Section 8.2.3.11 and Section 8.2.4
would not apply), or if appropriate, Adjacent Collocation as set forth above. Space wil
be offered in increments appropriate to the Remote Premises structure (Le., shelf, relay
rack, etc.).
8.2.8 Terms and Conditions - Facilty Connected (FC) Collocation .
8.2.8.1 Facility Connected (FC) Collocation provides access via an Entrance
Facility if CLEC does not need to collocate equipment in the Wire Center but requires
access for Interconnection or access to UNEs, ancilary services and Finished Services.
CLEC wil submit its order using the FC Collocation Application. FC Collocation is
provided on a termination block or termination panel within the designated Wire Center.
CenturyLink wil engineer, provision, maintain and repair all services to the FC
Collocation. CLEC does not have physical access to the FC Collocation.
8.2.8.2 CenturyLink wil perform the installation of services to the block or panel
termination point indicated by CLEC on its orders, LSRs or ASRs, based on the
connecting facility assignments (CFAs) from CLEC's alternative point of termination
(APOT) form.
8.2.8.3 FC Collocation is available with the following configurations:
8.2.8.3.1 Copper Entrance Facility for termination and Cross Connection
to appropriate Digital Servce Level 0 (DSO) and Digital Service Level 1 (DS1)
UNE services. If utilized for DS1 UNEs, CLEC must transmit a Trunk Level 1
(T1) templated signal over the copper facilty. DS1 copper Entrance Facilities wil
be wired to a DS1 offce repeater to remove line voltage before terminating on
the DSX paneL. CenturyLink wil install and charge for this line voltage isolation
equipment..
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Collocation.8.2.8.3.2 Fiber Entrance Facility termination and Cross Connection.
8.2.8.3.3 Other levels of service such as Digital Service Level 3 (DS3) or
DS1 utilizing fiber are available via the Bona Fide Request (BFR).
8.2.8.4 Protection for lightning or voltage is required for copper Entrance
Facilties and will require protection units (Le., line voltage isolation equipment) on
standard connector blocks on the distribution frame. CenturyLink wil engineer and
install this protection. All copper cables must come through a cable vault and have
grounded/bonded sheaths.
8.2.8.5 CLEC is responsible for providing an Entrance Facility to the CenturyLink
designated Collocation Point of Interface (C-POI).
8.2.8.6 All CenturyLink terminations on the termination frame or panel wil be
given a frame address. CenturyLink wil maintain frame or panel address records for
CenturyLink terminations. CLEC wil maintain its CFA records.
8.2.9 Terms and Conditions - Common Area Splitter Collocation
.
8.2.9.1 If CLEC elects to have Splitters installed in CenturyLink Wire Centers via
Common Area Splitter Collocation, the Splitters wil be installed in those Wire Centers in
one (1) of the following locations: (a) in a relay rack as close to CLEC's DSO termination
points as possible; (b) on an ICDF to the extent such a frame is available; or (c) where
options (a) and (b) are not available, or, in Wire Centers with network access line counts
of less than 10,000, on the COSMICTM/MDF or in some other appropriate location such
as an existing CenturyLink relay rack or bay. In Wire Centers with access line counts
greater than 10,000, when all common area Splitter bays and racks are fully utilized,
space permitting, CenturyLink wil allow CLEC to place Splitters on the COSMICTM/MDF.
CLEC either may purchase Splitters or have CenturyLiñk purchase the Splitters subject
to full reimbursement of the cost of the Splitters plus any pass through actual vendor
invoice costs, including but not limited to taxes, shipping and handling. The Splitters
must meet the requirements for Central Offce equipment Collocation set by the FCC.
CenturyLink wil be responsible for installng and maintaining the Splitters, but CLEC wil
lease the Splitters to CenturyLink at no cost. CenturyLink may commingle the Splitter
shelves of different CLECs in a single relay rack or bay. CenturyLink wil not be
responsible for shortages of Splitters or CenturyLink's inability to obtain Splitters from
vendors, if acting as purchasing agent on behalf of CLEC.
.
8.2.9.2 Two (2) ITPs and four (4) tie cables wil be needed to connect the
Splitters to the CenturyLink network. One (1) ITP wil carry both voice and data traffc
from the COSMICTM/MDF Loop termination, to an appropriate ICDF. From this frame,
one (1) tie cable wil carry both voice and data traffic to the Splitter. The voice and data
traffic wil be separated at the Splitter, and the separated voice and data traffic wil be
routed to the ICDF via separate tie cables (Le., the second and third tie cables). At the
ICDF, the data traffc will be routed to CLEC's Collocation area via a fourth tie cable, and
the voice traffc wil be routed to the COSMICTM/MDF Switch termination, via a second
ITP. CLEC can also elect a direct connect option pursuant to Section 8.3.1.11.2.
8.2.9.3 CenturyLink wil provide the cabling used for tie cables between the
Splitter and the ICDF. The Splitter Tie Cable Connection Charge wil apply.
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8.2.9.4 The Demarcation Point between CenturyLink's network and CLEC's
network wil be at the place where the data Loop leaves the Splitter on its way to CLEC's .
collocated equipment, or at the ICDF, where the data port is cabled to existing CLEC
Collocation tie cable.
8.2.9.5 New Splitter shelves may be ordered at the same time as a new
Collocation on a single Collocation Application form and a single order processing
charge wil apply. New Splitter shelves may be ordered with an existing Collocation by
submitting a new Collocation Application and the applicable fee. Standard intervals as
contained in Exhibit C wil apply.
8.2.9.6 Splitter Deployment
8.2.9.6.1 New applications for installation of Splitters wil be processed in
the manner outlined in the Collocation Section for Cageless Collocation.
8.2.9.6.2 CLEC may submit applications for additional DSOtie cable
terminations and/or reclassification to support UNE or other services.
CenturyLink wil process any such applications for augmentation and/or
reclassification of DSO tie cable terminations under intervals as outlined below in
this Section.
8.2.9.6.3 Augmentation intervals wil be thirty (30) Days, subject to the
following terms and conditions identified below:
8.2.9.6.3.1 The interval for reclassification will be fifteen (15) .
Days, subject to the following terms and conditions. If the requested
reclassification engineering results in additional requirements for DSO tie
cable terminations or tie cable support, the interval wil default to thirty
(30) Days.
8.2.9.6.3.2 In the event CLEC, or CenturyLink acting as purchasing
agent for CLEC, is unable to procure any equipment needed to complete
all work required by applications submitted to CenturyLink by CLEC,
including but not limited to, Splitters or cabling, CenturyLink wil install the
subject equipment when it becomes available. If CenturyLink is acting as
purchasing agent for CLEC and is unable to procure equipment to
complete all work in a timely manner, CLEC may provide CenturyLink
with the subject equipment. CLEC wil be notified by CenturyLink of the
required material on-site date for the affected Wire Center(s) and CLEC
will have two (2) business days to determine if it wil be able to provide
the subject equipment in advance of the material on-site date. If CLEC
does not notif CenturyLink in writing of its intent to provide the subject
equipment within this two (2) business day period, or if the subject
equipment is not provided in a timely manner, CenturyLink wil install the
subject equipment when available.
8.3 Rate Elements
Rate elements for Collocation are included in Exhibit A..
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Collocation.8.3.1 Rate Elements. All Collocation
8.3.1.1 CenturyLink wil recover Collocation costs through both recurring and
nonrecurring charges. The charges are determined by the scope of work to be
performed based on the information provided by CLEC on the Collocation Application. A
quotation is then developed by CenturyLink for the work to be performed.
8.3.1.2 The following elements as specified in Exhibit A of this Agreement are
used to develop a price quotation in support of Collocation:
8.3.1.3 Quotation Preparation Fee. A non-refundable charge for the work
required to verify space and develop a price quotation for the total costs to CLEC for its
Collocation request.
8.3.1.3.1 Planning and Engineering Fee. Augment Quotation Preparation
Fee. A non-refundable nonrecurring charge for the work required to plan, design,
engineer, and develop a price quotation for the total costs to CLEC for its request
to augment existing Collocations, including, without limitation, adding/removing
cables and adding/removing terminations.
.
8.3.1.4 Collocation Entrance Facility Charge. Provides for the fiber optic cable (in
increments of 12 fibers) from the C-POI utilizing CenturyLink owned, conventional single
mode type of fiber optic cable to the collocated equipment (for Virtual Collocation) or to
the leased space (for Caged or Cageless Physical Collocation). The Collocation
Entrance Facility includes manhole, conduit/innerduct, placement of conduit/innerduct,
fiber cable, fiber placement, splice case, a splice frame, fiber distribution panel, and
relay rack. Charges apply per fiber pair. Express Fiber Entrance Facilty does not
include fiber cable, splice case, a splice frame or fiber distribution paneL. Microwave
Entrance Facility charges are addressed in 8.3.1.17.
8.3.1.5 Cable Splicing Charge. Represents the labor and equipment to perform a
subsequent splice to CLEC provided fiber optic cable after the initial installation splice.
Includes per-setup and per-fiber-spliced rate elements.
8.3.1.6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to CLEC
collocated equipment and is fused at one hundred twenty-five percent (125%) of the
request. The -48 volt DC Power Usage Charge applies to the quantity of -48 volt
capacity specified by CLEC in its order on a per ampere (amp) basis. There is a one (1)
amp minimum charge for -48 volt DC power usage.
8.3.1.6.1 Optional -48 Volt DC Power Usage Charge is available for orders
of greater than sixty (60) amps. If CLEC orders Optional DC Power
Measurement, CenturyLink wil initially apply the -48 Volt DC Power Usage
Charge from Exhibit A to the quantity of power ordered by CLEC. CenturyLink
wil determine the actual usage at the power board as described in Section
8.2.1.30. CenturyLink will adjust the monthly usage rate based upon the actual
usage on a going forward basis. There is a one (1) amp minimum charge for -48
volt DC power usage..8.3.1.6.2 Power Plant per Amp. Provides plant infrastructure to support the
-48 volt DC power to CLEC collocated equipment. Power plant is built to support
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the amount of DC power usage ordered by CLEC and may be reduced with a~~~~~ .
8.3.1.7 AC Power Feed. Recovers the cost of providing for the engineering and
installation of wire, conduit and support, breakers and miscellaneous electrical
equipment necessary to provide the AC power, with generator backup, to CLEC's space.
TheAC Power feed is optionaL. The AC Power Feed is available with single or triple
phase options. The AC Power Feed is rated on a per foot and per ampere basis.
8.3.1.8 Inspector Labor Charge. Provides for CenturyLink qualified personnel,
acting as an inspector, when CLEC requires access to the C-POI after the initial
installation. A call-out of an inspector after business hours is subject to a minimum
charge of three (3) hours. The minimum call-out charge shall apply when no other
employee is present in the location, and an 'off-shift' CenturyLink employee (or contract
employee) is required to go 'on-shift' on behalf of CLEC.
8.3.1.9 Intentionally Left Blank.
8.3.1.10 Interconnection Tie Pairs (ITP) are described in the UNE Section, and
apply for each Unbundled Network Element, ancilary service or Interconnection service
delivered to CLEC. The ITP provides the connection between the Unbundled Network
Element, ancilary service or Interconnection service and the Demarcation Point.
8.3.1.11 Collocation Terminations. Terminations are purchased by CLEC for the
purpose of accessing Unbundled Network Elements. These terminations may be
requested in Shared Access and Direct Connection Configurations.
8.3.1.11.1 Shared Access
8.3.1.11.1.1 In a Shared Access configuration, there are multiple
frames that could be designated as an ICDF or an appropriate
Demarcation Point including, but not limited to, the following:
a) Existing Interconnection Distributing Frame (ICDF)
b) Existing DSX Panels for DS1 and DS3 services
c) New Interconnection Distributing Frame
d) Existing Toll Frame
e) Fiber Distribution Panel
f) Existing Intermediate Frame
.
8.3.1.11.1.2 The ICDF is the test access point. It would not be
uncommon to find multiple service providers, including CenturyLink, on
the ICDF at anyone time. This element includes CenturyLink's provided
termination blocks or panels and the associated cost for placement of the
blocks or panels. Cabling is also required and may be provided by CLEC
or at its request, CenturyLink wil provide cabling at an additional charge. .
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Collocation.When CenturyLink provides the cabling, Collocation Block Termination
rates wil apply as contained in Exhibit A of this Agreement. When CLEC
provides the cabling, Collocation Termination rates, on a per termination
basis, wil apply as contained in Exhibit A of this Agreement. When CLEC
provides and installs the tie cables, blocks and terminations on the ICDF,
no Collocation Termination rates wil apply.
8.3.1.11.2 Direct Connection
.
8.3.1.11.2.1 Direct Connection provides an uninterrupted path
from the Collocation space to an existing frame. This option wil
guarantee that there wil not be an ICDF. The connection wil be
designed from the Collocation space to the same frame that CenturyLink
uses to connect to that specific service. For example, if CLEC wants to
connect directly from its Collocation space to a 911 router, the
infrastructure for the 911 trunks will terminate in a DS1 bay location with
the 911-router circuits. There are several options for the location of the
Demarcation Point. CLEC wil select its desired option via the Direct
Connection Collocation Application. If CLEC chooses a demarcation
inside the Collocation space, CLEC should order and install the
termination equipment itself. Demarcation equipment must be noted on
the order form so that a CLLI code and unique tie cable assignments can
be generated for systems flow through. If CLEC chooses a demarcation
outside its Collocation space, CenturyLink wil maintain and inventory this
device. Direct terminations may be ordered where frame space is
available. If frame space is exhausted the terminations may need to be
made at another frame. Upon completion of the pre-provisioning of the
Direct Connection, CLEC wil receive an Alternate Point of Termination
(APOT) form so that it may order Finished Services and UNEs. CLEC wil
be responsible for augmenting terminations as required. The Direct
Connection APOT information must be provided on the ASR or LSR to
insure that the services are designed to the dedicated path.
8.3.1.11.2.2 CLEC's termination point will require a CLLI code
(e.g., Frame Number) and the dedicated tie pairs wil require a unique
name to enable automatic assignment through TIRKSTM and SWITCHTM
via Carrier Facilities Address (CFA) methods.
.
8.3.1.11.2.3 If CLEC wishes to arrange terminations on a 2-wire
POTS level cross connect device of the modular type, Le., COSMICTM
Hardware, standard.engineering principles wil apply. Provisioning
intervals and costs wil be customized and determined on an Individual
Case Basis (ICB). A five (5) year forecast including terminations per
quantities wil be required. MELDTM runs wil be required for the initial
COSMICTM plan and each subsequent block addition. To minimize
CLEC's cost, to the extent feasible, CenturyLink shall consolidate CLEC's
requirements with the requirements of CenturyLink and other CLECs into
a single MELDTM run whenever feasible. Costs of such consolidated
MELDTM runs shall be prorated among the parties, including CenturyLink.
Minimum installation requires at least one (1) block for every two (2)
outside plant modules. A one-half (%) shelf of block capacity must be
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reserved for future block space.
8.3.1.11.2.4 Requests for terminations at a DSO, DS1, DS3 and
optical level (non-POTS) may also be made directly to the respective
frame or panel (Le., toll frame, DSX, FOP, etc.). Direct Connections to
these frames do not require MELDTM runs and short jumper engineering
principals, as with the COSMICTM frame. However these connections will
require coordination between CenturyLink and CLEC to ensure that the
cable is terminated in an existing frame with the service that CLEC is
wishing to connect with. Direct Connection is ordered via the
supplemental Collocation order form, Direct Connection (DC-POT).
Timing, pricing and feasibility will be determined on the basis of a specific,
in-depth building analysis. Direct Connections are available where
available frame space permits. If frame space is exhausted, terminations
may need to be made at another frame. Space availability wil be
determined during the feasibility request phase of the order. Rates for
Direct Connection Terminations wil be on an ICB basis using rates
defined in Exhibit A.
8.3.1.11.3 Terminations must be purchased in the following increments:
DSO in blocks of one hundred (100) or per termination; DS1 in increments of
twenty-eight (28) or per termination; and DS3 in increments of one (1) coaxial
cable termination or fiber in twelve (12) fiber strands (six (6) fiber pairs).
8.3.1.12 Security Charge. This charge applies to the keys/card and card readers
required for CLEC access to the CenturyLink Premises for the purpose of Collocation.
There are two monthly recurring rate elements associated with Security Access. The
first rate element is per access card, per CLEC employee, per month. The second rate
element is the number of card accessible premises, per CLEC employee, per month, as
included in Exhibit A to this Agreement.
8.3.1.13 Composite Clock/Central Office Synchronization. Recovers the cost of
providing composite clock and/or DS1 synchronization signals traceable to a stratum
one source. CLEC must determine the synchronization requirements for CLEC's
equipment and notify CenturyLink of these requirements when ordering the clock
signals. Central Offce Synchronization is required for Virtual Collocation involving digital
services or connections. Synchronization may be required for analog services. Central
Office Synchronization is available where CenturyLink Central Offces are equipped with
Building Integrated Timing Supply (BITS). The rate is applied on a per Port basis in
accordance with Exhibit A.
8.3.1.14 -48 Volt DC Power Cable Charge. Provides for the transmission of -48
volt DC power to the collocated equipment and is fused at one hundred twenty-five
percent (125%) of request. It includes engineering, furnishing and installng the main
distribution bay power breaker, associated power cable, cable rack and local power bay
to the closest power distribution bay. It also includes the power cable (feeders) A and B
from the local power distribution bay to the leased physical space (for Caged or
Cageless Physical Collocation) or to the collocated equipment (for Virtual Collocation). It
is charged per foot, per A and B feeder.
8.3.1.15 Space Availability Report Charge - Recovers the cost of preparing a
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Collocation.Space Availability Report in accordance with Section 8.2.1.9.1.
8.3.1.16 CLEC-to-CLEC Connection Charge. Recovers the cost of order
processing, design and engineering. Additional charges wil be assessed for Virtual
Collocation connections and cable holes, if applicable. There wil be recurring charges
for cable racking.
8.3.1.17 Microwave Entrance Facility - The charges for Microwave Entrance
Facilty include the recurring and nonrecurring charges associated with preliminary
rooftop engineering and survey analysis, Premises structural analysis and line of sight
feasibilty, if performed by CenturyLink; space rental for the rooftop and existing antenna
support structure, cable racking, cable, building penetration for cable entry, and other
work as required.
.
8.3.1.18 Joint Testing Charges: The charges for Joint Testing are nonrecurring.
Set up and testing charges are based on the virtual collocation maintenance rate
specified in Exhibit A. The set up fee has a minimum of one (1) hour per joint testing
request at the specified Virtual Collocation maintenance rate, specified in Exhibit A, and
a per half-hour charge at the same rate for any time exceeding the one (1) hour for
testing. CenturyLink will not charge for the Joint Testing based on the Joint Testing
CenturyLink-caused error rate as described in Section 8.2.1.31.3.
8.3.1.19 DC Power Reduction Restoration and Deactivation Rates: CLEC will be
charged the applicable nonrecurring Quote Preparation Fee (QPF) or Engineering and
Design Fee and the DC Power Reduction or DC Power Restoration fee per Collocation
request. Nonrecurring charges associated with the work required to reduce the fuse or
breaker size, rewiring the power lead at the power source or relocation of the power feed
wil be on an ICB basis. When power is restored, nonrecurring charges will be assessed
on an ICB basis for the work required to restore the power utilizing standard power rate
elements for power usage, labor and cabling charges. CLEC wil be charged a
nonrecurring charge for moves between the battery distribution fuse board and the
power board (for location changes) necessary for DC power reduction/restoration.
When Power is turned off or deactivated on a secondary power feed nonrecurring
charges (Le., Power off will be assessed for the work required to disconnect the power
feed from the power distribution point. A recurring power maintenance charge is
associated with the option to hold the power infrastructure for a secondary feed for
potential future use by CLEC. The recurring charge wil terminate on the date a
restoration job completes for the power feed or CLEC returns the fuse position to
CenturyLink. If CenturyLink is unable to provide the requested power restoration of the
held feed(s) due to exhaustion of power capacity, CenturyLink wil refund all Power
Maintenance Charges collected since the reservation was accepted.
.
8.3.1.20 Collocation Available Inventory Charges. For standard CenturyLink
Postings of Collocation Available Inventory, CLEC will be charged the standard
Collocation rates, including the applicable QPF or Engineering and Planning Fee. CLEC
will also be charged for removal of terminations. For Special Sites, assuming CLEC wil
be charged a Special Site Assessment Fee instead of the standard QPF, unless CLEC
requests an augment to the existing site in its initial Collocation Application, then the
standard approved QPF wil be. charged as defined in Exhibit A. CLEe ordering a
Special Site, in addition to the standard Collocation rates, wil also be charged a
nonrecurring Network Systems Administration Fee for the systems and record updates
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Collocation
required to transfer the Collocation Site to assuming CLEC and, if a site survey is
requested by CLEC, a Site Survey Fee. Any CLEC equipment left in the site will be .
transferred to assuming CLEC at no charge. Recurring charges for all products and
services wil be charged at rates listed in assuming CLEC Interconnection Agreement
without a discount.
8.3.1.21 Collocation Joint Inventory Visit Charges. The pricing for Joint Inventory
Visit is a state-specific, nonrecurring charge identified in Exhibit A.
8.3.1.22 Maintenance Labor. Provides for the labor necessary for repair of out of
service and/or service-affecting conditions and preventative maintenance of CLEC
collocated equipment. CLEC is responsible for ordering maintenance spares.
CenturyLink wil perform maintenance and/or repair work upon receipt of the
replacement maintenance spare and/or equipment from CLEC. A call-out of a
maintenance technician after business hours is subject to a minimum charge of three (3)
hours.
8.3.1.23 Engineering Labor. Provides the planning and engineering of CLEC
collocated equipment at the time of installation, change or removaL.
8.3.1.24 Installation Labor. Provides for the installation, change or removal of
CLEC collocated equipment.
8.3.2 Rate Elements. Virtual Collocation
The following rate elements, as specified in Exhibit A, apply uniquely to Virtual Collocation.
8.3.2.1 Maintenance Labor. Provides for the labor necessary for repair of out of .
service and/or service-affecting conditions and preventative maintenance of CLEC
virtually collocated equipment. CLEC is responsible for ordering maintenance spares.
CenturyLink wil perform maintenance and/or repair work upon receipt of the
replacement maintenance spare and/or equipment from CLEC. A call-out of a
maintenance technician after business hours is subject to a minimum charge of three (3)
hours.
8.3.2.2 Training Labor. Provides for the training of CenturyLink personnel on a
metropolitan service area basis provided by the vendor of CLEC's virtually collocated
equipment when that equipment is different from CenturyLink-provided equipment.
CenturyLink wil require three (3) CenturyLink employees to be trained per metropolitan
service area in which CLEC's virtually collocated equipment is located. If, by an act of
CenturyLink, trained employees are relocated, retired, or are no longer available,
CenturyLink wil not require CLEC to provide training for additional CenturyLink
employees for the same virtually collocated equipment in the same metropolitan area.
Where more than one (1) CLEC in the same metropolitan area selects the same virtually
collocated equipment, the training costs shall be prorated to each according to the
number of CLECs so selecting.
8.3.2.3 Equipment Bay. Provides mounting space for CLEC virtually collocated
equipment. Each bay includes the seven (7) foot bay, its installation, and all necessary
environmental supports. Mounting space on the bay, including space for the fuse panel
and air gaps necessary for heat dissipation, is limited to seventy-eight (78) inches. The
monthly rate is applied per shelf. CLEC may request use of alternate bay heights of nine .
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Collocation.(9) foot and eleven (11) foot six (6) inches, which wil be considered on an Individual
Case Basis. No Equipment Bay Charge is assessed if CLEC provides its own
equipment bay.
8.3.2.4 Engineering Labor. Provides the planning and engineering of CLEC
virtually collocated equipment at the time of installation, change or removaL.
8.3.2.5 Installation Labor. Provides for the installation, change or removal of
CLEC virtually collocated equipment.
.
8.3.2.6 Floor Space Lease. Required for Virtual Collocation only in the instance
where CLEC provides its own equipment bay. This rate element provides the monthly
lease for the space occupied by CLEC-provided equipment bay, including property taxes
and base operating cost without -48 volt DC power. Includes convenience 110 AC, 15
amp electrical outlets provided in accordance with local codes and may not be used to
power transmission equipment or -48 volt DC power generating equipment. Also
includes maintenance for the leased space; provides for the preventative maintenance
(climate controls, filters, fire and life systems and alarms, mechanical systems, standard
HVAC); biweekly housekeeping services (sweeping, spot cleaning, trash removal) of
CenturyLink Premises areas surrounding CLEC-provided equipment bay and general
repair and maintenance. The Floor Space Lease includes required aisle space on each
side of CLEC-provided equipment bay.
8.3.2.7 Space Construction. This rate element includes the material and labor to
construct and prepare the space, including all support structure, cable racking specific to
the bay site. It also includes air conditioning (to support CLEC loads specified), lighting
(not to exceed two (2) watts per square foot), and convenience outlets and the cost
associated with space engineering. These elements have recurring and nonrecurring
charges.
8.3.2.8 Cable Rack. This rate element includes the metal structure that holds
and routes cabling throughout the CenturyLink Central Office that attaches to the bay
specific racking. This element has recurring and nonrecurring charges.
8.3.3 Rate Elements. Physical Collocation
.
8.3.3.1 Space Construction and Site Preparation. Includes the material and labor
to construct and prepare the space, including all support structure, cable racking and
lighting required to set up the space. It also includes air conditioning (to support CLEC
loads specified), lighting (not to exceed 2 watts per square foot), and convenience
outlets (3 per Caged or Cageless Collocation or number required by building code) and
the cost associated with space engineering. If a new line-up is established for Cageless
Collocation, an AC power outlet wil be provided at every other bay in the line-up.
Cageless bays placed in existing line-ups will use the existing outlets. For Caged
Collocation, it includes a nine (9) foot high cage enclosure. CLEC may choose from
CenturyLink approved contractors or may use another vendor of CLEC's own choosing,
subject to CenturyLink's approval, which may not be unreasonably withheld, to construct
the space, including the cage in the case of Caged Collocation, in accordance with
NEBS Level 1 safety requirements. Pricing for the Space Construction and Site
Preparation is described in Exhibit A. In the case of Shared Collocation, CenturyLink
may not increase the cost of site preparation or nonrecurring charges above the TELRIC
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cost for Provisioning such a cage of similar dimensions and material to a single
collocating part, and CenturyLink must Iprorate the charge for site conditioning and
preparation by determining the total ch$rge for site preparation and allocating that
charge to CLEC based on the percentage bf the total space used by CLEC. CenturyLink
must in all cases of Shared space Colloc$tion allocate space preparation, conditioning,
security measures and other Collocation c~arges on a pro-rated basis to ensure that the
charges paid by CLEC as a percentage of the total overall space preparation and
conditioning expenses do not exceed the percentage of the total Collocation space used
ibyCLEC. i
8.3.3.1.1 Space constructionl and Site Preparation Single Bay Credit. A
credit is applied to the standard two-bay Space Construction and Site
Preparation fee included in Exhibit lA when CLEC requests a Cageless single-bay
configuratin. The incrmental mtteriai and labor costs to install a second bay
wil be credited.
8.3.3.1.2 Space Construction¡ Fencing Credit. Credit that is applied when
CLEC hires an outside company ito install the cage fencing. If that option is
selected, CLEC wil receive a rec~rring and nonrecurring charge credit for the
portion of the rate in Section ¡ 8.3.3.1 that covers CenturyLink-performed
installation of the fencing. !
¡
8.3.3.2 Floor Space Lease. Provi~es the monthly lease for the leased physical
space, property taxes and base operatii cost without -48 volt DC power. Includes
convenience 110 AC, 15 amp electrical 0 tlets provided in accordance with local codes
and may not be used to power transmissi n equipment or -48 volt DC power generating
equipment. Also includes maintenan e for the leased space; provides for the
preventative maintenance (climate contr~ls, filters, fire and life systems and alarms,
mechanical systems, standard HVAC); ia pro-rata share of biweekly housekeeping
services (sweeping, spot cleaning, trash! removal) of CenturyLink Premises common
areas surrounding the leased physical sp.ce and general repair and maintenance. The
Floor Space Lease includes required aisl~ space on each side of the cage enclosure, asapplicable. ¡
¡!
Intentionally Left Blank. ¡
!
8.3.3.4 Collocation Grounding Charge for Caged Collocation. Used to connect
the Premises common ground to CLEC c~ge. Recurring and nonrecurring charges are
assessed per foot to CLEC's equipment.
8.3.3.3
i
i
8.3.3.5 Equipment Bay. Provi~es mounting space for CLEC collocated
equipment in a Cageless Collocation only. This charge includes the seven, nine, or
eleven foot bay, its installation, and all netssary environmental supports and end guard
costs. Mounting space on the bay, incl ding space for the fuse panel and air gaps
necessary for heat dissipation, is limited t i seventy-eight (78) inches.
8.3.3.6 Spacers: Provides for c~st associated with procuring and installng
spacer and. associated mou.nting bracket$ with the Equipment Bay described in 8.3.3.5
above. Spacer(s) wil be procured base~ on customer requested width and to match
existing office environment height. .
i
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Section 8
Collocation.8.3.4 Rate Elements. ICDF Collocation
8.3.4.1 Rate elements for ICDF Collocation include security, QPF, DSO circuit
legs, DS1 circuit legs, DS3 circuit legs, and fiber circuit legs. Circuit legs are defined as
termination blocks/panels and cables that are provisioned to meet CLEC's ICDF
Collocation needs. These rate elements and their associated charges are used to
develop a price quotation for the ICDF Collocation based on CLEC's Collocation
Application.
8.3.5 Rate Elements - Adjacent and Adjacent Remote Collocation
8.3.5.1 The charges for Adjacent and Adjacent Remote Collocation wil be
developed on an Individual Case Basis, except where the Commission finds that
standard pricing elements can be reasonably identified and their costs determined,
depending on the specific needs of CLEC and the unique nature of the available
adjacent space (e.g., existing structure or new structure to be constructed).
8.3.6 Rate Elements - Remote Collocation
8.3.6.1 Space Per Standard Mounting Unit - 1.75 (one and seventy-five one
hundredths) vertical inches. This nonrecurring rate is associated with the cabinet space
and includes the cost of the cabinet and all of the work and materials associated with
placement of the cabinet. The recurring rate associated with the space covers
maintenance of the materials and equipment associated the cabinet as well as a portion
of the costs required for the power pedestaL..8.3.6.1.1 Feeder Distribution Interface (FDI) Terminations (per twenty-five
(25) pair). This nonrecurring rate includes costs associated with initial FDI
upgrade work required to provide the terminations requested at the FDI. The
recurring rate associated with the FDI covers maintenance of the cable between
the FDI and the remote collocation cabinet, as well as maintenance of the
terminations at the FDI. These charges wil apply for both DSO and DS1.
8.3.6.1.2 -48 Volt DC Power Usage Less Than or Equal to Sixty (60) Amps.
Provides -48 volt DC power to CLEC's collocated equipment and is fused at one
hundred twenty-five percent (125%) of the request. The -48 volt DC power
usage charge applies to the quantity of -48 volt capacity specified by CLEC in its
order on a per-ampere (amp) basis.
8.3.6.1.3 Quote Preparation Fee. A non-refundable nonrecurring charge for
the work required to plan, design, engineer, and develop a price quotation for
CLEC's Collocation request.
8.3.6.2 Additional Virtual Remote Terminal Features. Work functions that may be
required in the installation or repair of the Virtual Remote Collocation.
8.3.6.2.1 Flat Charge, Per Job. Nonrecurring charge to recover service
order costs when an additional service order must be issued when necessary for
CLEC's additional request for installation and maintenance-related work..8.3.6.2.2 Engineering Rate. Provides the planning and engineering of
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Colloction
CLEC virtually remote collocated equipment at the time of installation, change or
removaL. Business hours are considered to be Monday through Friday, 8:00 am .
to 5:00 pm (local time), and after business hours are after 5:00 pm and before
8:00 am (local time), Monday through Friday, all day Saturday, Sunday and
holidays
8.3.6.2.3 Installation. Provides for the installation, change or removal of
CLEC virtually remote collocated equipment.
8.3.6.2.4 Training. Provides for the training of CenturyLink personnel on a
metropolitan service area basis provided by the vendor of CLEC's virtually
remote collocated equipment when that equipment is different from CenturyLink-
provided equipment.
8.3.7 Rate Elements - CLEC-to-CLEC Connections
8.3.7.1 The charges for CLEC-to-CLEC Connections are addressed in Section
8.3.1.16.
8.3.8 Rate Elements - Facilty Connected (FC) Collocation
8.3.8.1 Rate elements for Facility Connected (FC) Collocation include: QPF or
Planning and Engineering; copper entrance facility; fiber entrance facility; termination
block with gas protectors; termination panel; and DS1 voltage isolation. Charges
associated with these rate elements are specified in Exhibit A of this Agreement. These
rate elements and their associated charges are used to develop a price quotation for FC
Collocation based on CLEC's FC Collocation Application and the type of Entrance ./ c .
Facilty requested.
8.3.9 Rate Elements - Splitter Collocation
8.3.9.1 Tie Cable Reclassification Charge - A nonrecurring charge wil apply,
based on time and materials for reclassification of existing tie cable capacity, by among
other things, reclassification of existing tie cables, frame re-stenciling, and any other
work performed between CLEC's Collocation and the Interconnection Distribution Frame
(ICDF) required to provision UNEs and other services.
8.3.9.2 Trouble Isolation Charge - A Miscellaneous Charge wil be applied for
trouble isolation in accordance with Maintenance and Repair processes set forth in the
Maintenance and Repair Section of this Agreement. Exhibit A includes charges for
Trouble isolation.
8.3.9.3 Additional Testing - CLEC may request CenturyLink to perform additional
testing, and CenturyLink may decide to perform the requested testing on a case-by-case
basis. A nonrecurring charge wil apply in accordance with Exhibit A.
8.3.9.4 Splitter Shelf Charge - This charge recovers installation and ongoing
maintenance associated with Splitter installation, bay installation, lighting costs, aerial
support structures and grounding charge for Splitters either in a bay, on the ICDF, or on
the MDF/COSMICTM. These are both recurring and nonrecurring charges.
8.3.9.5 Splitter Charge - A nonrecurring charge will apply for the cost of each .
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Collocation.Splitter purchased by CenturyLink on behalf of CLEC. This charge wil cover the cost of
the Splitter, plus any associated costs incurred by CenturyLink to order the Splitter.
8.3.9.6 Engineering - A nonrecurring charge will apply for the planning and
engineering associated with placing Splitters in the Central Office, either in a bay, on the
ICDF, or on the MDF/COSMICTM.
8.3.9.7 Splitter Tie Cable Connections Charge - A nonrecurring charge wil apply
for the cost of each tie cable connected to the Splitters in three (3) different
configurations: common area; Collocation space; and Main Distribution Frame. This
charge wil cover both the tie cables and associated blocks per one hundred (100) pair
between the Splitter and the ICDF or Splitter bay.
8.3.9.8 The rates for each of the aforementioned split services rate elements are
set forth in Exhibit A to this Agreement.
8.4 Ordering
.
8.4.1 Ordering. All Collocation
8.4.1.1 CLEC must complete the requirements in the Implementation Schedule
Section of this Agreement before submitting a Collocation Application Form to
CenturyLink.
8.4.1.1.1 Nothing in this Agreement shall be construed to preclude CLEC
from submitting an order for Collocation prior to CLEC's execution of this
Agreement. If, however, the Collocation interval is completed before this
Agreement or another interconnection agreement becomes effective, the rates,
terms, and conditions of this Agreement shall apply to such Collocation.
8.4.1.2 Any material changes, modifications or additional engineering (Material
Changes) requested by CLEC, subsequent to its original Collocation order, as to the
type and quantity of equipment or other aspects of the original Collocation order, must
be submitted with a revised Collocation Application. For purposes of this section,
Material Changes are changes that would significantly impair CenturyLink's ability to
provision the requested Collocation within the applicable intervals if the changes are
provisioned with the original Collocation order and would require CenturyLink to incur
financial penalties under the terms of this Agreement or other Applicable Law.
CenturyLink shall determine the additional time required to comply with CLEC's request
for Material Changes (Additional Time), and CLEC shall have the option of (a) having the
request for Material Changes implemented with the original Collocation order (within the
original Provisioning intervals) as extended by the Additional Time; or (b) having
CenturyLink process and provision the request as a subsequent construction activity or
augmentation to the original Collocation order. Any nonmaterial changes, modifications,
or additional engineering requested by CLEC, subsequent to its original Collocation
order, may be submitted with a revised Collocation Application or otherwise
communicated to CenturyLink and shall be implemented with the original Collocation
order within the original applicable intervals..8.4.1.3 There are three (3) primary steps in the ordering of Collocation - 1)
Forecasting, 2) Application, and 3) Acceptance of Quotation.
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8.4.1.4 CLEC shall submit an annual forecast, updated at the end of each
quarter, of its future Collocation requirements. The quarterly forecast shall be reviewed .
by CLEC and the CenturyLink account team. CLEC's forecast shall be considered
accurate for purposes of Collocation intervals if the subsequent Collocation Application
correctly identifies a) and e) below, and b) and c) below are within twenty percent (20%)
of the forecast. If at the time the Collocation Application is made the forecasted type of
Collocation is not available, CLEC may specify a diferent type of Collocation without
affecting the Collocation intervals. The forecast shall include, for each CenturyLink
Premises, the following:
a) Identification of the CenturyLink Premises;
b) Floor space requirements, including the number of bays for a Cageless
Collocation arrangement;
c) Power requirements;
d) Heat Dissipation (optional);
e) Type of Collocation (e.g., Caged Physical, Cageless Physical, Shared,
ICDF, Virtual, etc.);
f) Intentionally Left Blank;
g)
h)
Entrance Facility Type (e.g., Express Fiber, Private Line);
Type and Quantity of Terminations (optional); and .
i) Month or Quarter, during or after which CLEC expects to submit its
Collocation Application.
8.4.1.4.1 The following terms shall apply to the forecasting process:
a) CLEC forecasts shall be provided as detailed in Section
8.4.1.4;
b) CLEC forecasts shall be Confidential Information and
CenturyLink may not distribute, disclose or reveal, in any form, CLEC
forecasts other than as allowed and described in subsections 5.16.9.1
and 5.16.9.2.
8.4.1.5 CLEC shall submit a Collocation Application to order Collocation at a
particular CenturyLink Premises. A Collocation Application shall be considered
complete, if it contains:
a) Identification of the CenturyLink Premises;
b) Floor space requirements, including the number of bays for a Cageless
Collocation arrangement;
c)Power requirements;.
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Collocation.d) Heat dissipation;
e) Type of Collocation (e.g., Caged Physical, Cage less Physical, Shared,
Virtual, etc.);
f) Collocated equipment and technical equipment specifications
(manufacturer make, model no., functionality Le., cross connect, DLC, DSLAM,
transmission, Switch, etc., physical dimensions, quantity). (NOTE: Packet or
circuit switching equipment requires, in writing and attached to the Collocation
Application, how this equipment is necessary for access to UNEs or
Interconnection. A high level equipment interface or connectivity schematic for
the equipment should also be included.);
g) Entrance Facility type;
h) Type and quantity of terminations;
i) If desired, an alternate form of Collocation if the first choice is not
available; and
j) Biling contact.
.
8.4.1.5.1 Parties wil work cooperatively to ensure the accuracy of the
Collocation Application. If CenturyLink determines that the Collocation
Application is not complete, CenturyLink shall notify CLEC of any deficiencies
within ten (10) Days after receipt of the Collocation Application. CenturyLink
shall provide sufficient detail so that CLEC has a reasonable opportunity to cure
each deficiency. To retain its place in the Collocation queue for the requested
Premises, CLEC must cure any deficiencies in its Collocation Application and
resubmit the Collocation Application within ten (10) Days after being advised of
the deficiencies.
8.4.1.6 Acceptance - After receipt of a Collocation Quotation Form from
CenturyLink, CLEC shall formally accept the quotation in order for CenturyLink to
continue the processing of the Collocation Application. A Collocation Acceptance shall
be considered complete, if it contains:
a) Signed Notification of Acceptance; and
b) Payment of fift percent (50%) of quoted charges.
8.4.1.7 Collocation Space Reservation - allows CLEC to reserve space and
identify, to the extent available, infrastructure incidental to that space such as power and
HVAC, in a CenturyLink Premises for up to one (1) year for transmission equipment
(ATM and DSLAM), three (3) years for circuit switching equipment, and five (5) years for
power equipment. CLEC may reserve space in a particular CenturyLink Premises
through the Collocation Space Reservation Application Form. Requests for contiguous
space will be honored, if available..8.4.1.7.1 Collocation Space Reservation Application - Upon receipt of the
Collocation Space Reservation Application Form, CenturyLink wil provide space
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feasibility within ten (10) Days.
8.4.1.7.2 Collocation Space Reservation Quotation - If space is available,
CenturyLink wil provide a specific price quotation based on the requested
Collocation requirements described on the Collocation Space Reservation
Application Form. The quotation and a Biling invoice for twenty-five percent
(25%) payment of nonrecurring charges wil be sent to CLEC within twenty-five
(25) Days from the Collocation Space Reservation Application receipt.
8.4.1.7.2.1 Collocation Space Reservation Acceptance. CLEC
must electronically submit Acceptance or non-Acceptance of the
quotation within seven (7) Days of receipt of the quotation. If CLEC
submits the Acceptance between eight (8) and thirty (30) Days of receipt
of the quotation, CenturyLink wil honor the reservation upon receipt of
the payment only if CenturyLink does not receive a competing request for
the same space from another CLEC. CenturyLink wil not honor
reservations if CLEC submits the Acceptance more than thirty (30) Days
after receipt of the quotation.
8.4.1.7.3 Upon receipt of the twenty-five percent (25%) payment,
CenturyLink wil reserve the space on behalf of CLEC in accordance with the
Collocation Space Reservation Application and take the necessary steps to
ensure the availability of power, HVAC and other components reflected on the
Collocation Space Reservation Application. CenturyLink will hold the reservation
for the applicable reservation period after the twenty-five percent (25%) payment.
This payment wil be applied to the subsequent Collocation Application.
8.4.1.7.4 CLEC may cancel the reservation at any time during the
applicable reservation period. Upon notification of the cancellation, CenturyLink
will refund a prorated portion of the twenty-five percent (25%) payment as
follows:
a) Cancellation notification within ninety (90) Days from receipt of wire
transfer, seventy-five percent (75%) of the initial down payment will be
returned to CLEC.
b) Cancellation notification within ninety-one (91) and one hundred and
eighty (180) Days from receipt of wire transfer, fifty percent (50%) of the
initial down payment will be returned to CLEC.
c) Cancellation notification within one hundred and eighty-one (181) and
two hundred and seventy (270) Days from receipt of wire transfer, twenty-
five percent (25%) of the initial down payment wil be returned to CLEC.
d) Cancellation notification after two hundred and seventy (270) Days
from receipt of wire transfer, zero percent (0%) of the initial down
payment wil be returned to CLEC.
8.41.8 Collocation Space Option
8.4.1.8.1 CLEC, CenturyLink and CenturyLink Affiliates may option space
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Section 8
Collocation.in CenturyLink Wire Center Premises in accordance with the terms of this
Section 8.4.1.8 for the following equipment and time periods:
a) Transmission equipment - one (1) year
b) Circuit switching equipment - three (3) years
c) Power plants - five (5) years
8.4.1.8.2 Optioned space is offered to CLECs for Caged, Cageless, and
Virtual Collocation. To promote fairness and prevent warehousing, the following
limits apply:
a) The Party requesting the option may specify the amount of
space to be optioned but not a specific location within the Wire Center.
CLEC may also request space be contiguous to its existing Collocation
space.
b) A requesting CLEC may option one (1) Collocation space perWire Center. '
c) The maximum amount of space per Wire Center to be
optioned is:
.- two hundred (200) square feet for Caged Collocation
- four (4) bays for Cage less and Virtual Collocation
8.4.1.8.3 The Collocation Space Option Application form wil be
processed upon receipt of a properly completed request. Such form shall be
considered properly completed if it contains identifying information of CLEC, the
applicable CenturyLink Premises, the amount of Collocation space sought, the
type of Collocation (Caged, Cageless, Virtual) and the type of equipment (from
the categories identified in Section 8.4.1.8.1) for which the option is being sought.
CLEC must have met all past and present undisputed financial obligations to
CenturyLink. Upon receipt of the Collocation Space Option Application form,
CenturyLink wil confirm in writing, within ten (10) Days, the availabilty of, and
price quotation (the "Option Fee") for the Optioned space. If space is not
available, CenturyLink wil deny the request.
8.4.1.8.4 CLEC must submit Acceptance with full payment of the
nonrecurring portion of the Option Fee, or acknowledge non-Acceptance of the
quoted Option Fee, within seven (7) Days of receipt of the quotation. When
CenturyLink takes an option on space for itself, CenturyLink shall impute an
amount equal to the Option Fee to the appropriate operations for which the
optioned space applies. The option quotation expires seven (7) Days after
delivery to CLEC.
.8.4.1.8.5 Upon receipt of Acceptance and full payment of the nonrecurring
portion of the Option Fee, CenturyLink wil option the space on behalf of CLEC
including the contiguous space requests if available (or itself if appropriate) and
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the option time frame wil begin. The prioritization of optioning wil be based
upon the date and time of the Acceptance. The earlier in time an Acceptance is ..
received by CenturyLink, the higher in priority is such option. The option is
limited to space only and does not include other elements required to provision
the Collocation.
8.4.1.8.6 In order for an option request to avoid expiration, CLEC must
Submit a Collocation Application during the option time frame;a)
or
b) The option may be renewed if a Collocation Space Option
Application is received at least ten (10) Days prior to the expiration of the
term of the existing option. The priority of a renewed option is determined
by the date CLEC accepts the quotation from CenturyLink on CLEC's
renewal application.
8.4.1.8.7 First Right of Refusal - If CenturyLink receives a valid
Collocation Application (CLEC A is the requesting party) for a CenturyLink Wire
Center in which all available space has been occupied or optioned, the following
provisions for First Right of Refusal wil apply:
8.4.1.8.7.1 All CenturyLink out of space reporting requirements
apply to the Collocation Application (Sections 8.2.1.11 and 8.2.1.12). In
addition, CenturyLink wil provide CLEC A with option space information
(e.g., Caged and Cage less optioned space) that may fulfil the .
requirements of CLEC A's Collocation Application. At CLEC A's request,
CenturyLink wil initiate the option enforcement notice process by
notifying the option part or parties with the most recent space option(s)
that meets the requirements of CLEC A's Collocation Application.
8.4.1.8.7.2 The option enforcement notice serves as notification
to the option party that CenturyLink is in possession of a valid Collocation
Application, and calls for the option party to exercise its Right of First
Refusal, or relinquish its space option. The option party may exercise its
Right of First Refusal by submitting either a Collocation Application as set
forth in Section 8.4.1.5, or by submitting the Collocation Space
Reservation Application set forth in Section 8.4.1.7, within ten (10) Days
of receipt of the option enforcement notice. This process continues for all
optioned space until all optioned space is exercised or optioned space is
relinquished (affirmatively by CLEC or upon expiration of the notice
period, whichever is earlier) to fulfil the Collocation Application. Once
optioned space has been relinquished for use to fulfill the Collocation
Application, the standard ordering terms and conditions for Collocation
shall apply.
8.4.1.8.7.3 Where contiguous space has been optioned,
CenturyLink will make its best effort to notify CLEC if CenturyLink, its
Affliates or other CLECs require the use of CLEC's contiguous space.
Upon notification, CLEC will have seven (7) Days to indicate its intent to .
submit a Collocation Application or Collocation Reservation. CLEC may
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Collocation.choose to terminate the contiguous space option or continue without the
contiguous provision.
8.4.1.8.7.4 The rate elements for the Collocation Space Option
are comprised of the following:
a) Space Option Administration Fee is a nonrecurring
fee for all Collocation Space Option requests and covers the
processing of application, feasibility, common space engineering,
records management, and administration of the First Right of
Refusal process.
.
b) Space Option Fee is a monthly recurring fee that wil
be charged based upon the amount of space being optioned, at
two dollars ($2) per square foot per month.
8.4.1.8.8 In the event that the option party proceeds with a Collocation
Application for optioned space, all payments made pursuant to Section
8.4.1.8.7.4(b) above shall be applied to such Collocation Application.
8.4.1.9 The intervals for Virtual Collocation (Section 8.4.2), Physical Collocation
(Section 8.4.3), and ICDF Collocation (Section 8.4.4) apply to a maximum of five (5)
Collocation Applications per CLEC per week per state. If six (6) or more Collocation
Applications are submitted by CLEC in a one (1) week period in the state, intervals shall
be individually negotiated. CenturyLink shall, however, accept more than five (5)
Collocation Applications from CLEC per week per state, depending on the volume of
Collocation Applications pending from other CLECs.
8.4.2 Ordering. Virtual Collocation
8.4.2.1 Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5, CenturyLink will perform a feasibility study to determine if
adequate space, power and HVAC can be found for the placement of CLEC's equipment
within the Premises. The feasibility study wil be provided within ten (10) Days of receipt
of a complete Collocation Application. As part of the feasibility study, CenturyLink wil
also notify CLEC of any known circumstance that may delay delivery of the ordered
Collocation space and related facilities.
.
8.4.2.1.1 If CenturyLink determines that the Collocation Application is not
complete, CenturyLink shall notify CLEC of any deficiencies within ten (10) Days
of the Collocation Application. CenturyLink shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises, CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) Days after being advised of the deficiencies.
8.4.2.2 Quotation - If Collocation Entrance Facilities and space are available,
CenturyLink wil develop a price quotation within twenty-five (25) Days of completion of
the feasibility study. Subsequent requests to augment an existing Collocation also
require receipt of a Collocation Application. Adding plug-ins, e.g., DS1 or DS3 cards to
existing virtually collocated equipment, wil be processed and provisioned within ten (10)
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business days. Virtual Collocation price quotations will be honored for thirty (30) Days .
from the date the quotation is provided. During this period the Collocation Entrance
Facilty and space are reserved pending CLEC's Acceptance of the quoted charges.
8.4.2.3 Acceptance -- Upon receipt of complete Collocation Acceptance, as
described in 8.4.1.6, space wil be reserved and construction by centuryLink wil begin.
8.4.2.4 Interval - The interval for Virtual Collocation shall vary depending upon
four (4) factors: 1) whether the request was forecasted in accordance with Section
8.4.1.4 or the space was reserved, in accordance with Section 8.4.1.7; 2) whether CLEC
provides its Acceptance within seven (7) Days receipt of the quotation; 3) whether CLEC
delivers its collocated equipment to CenturyLink in a timely manner, which shall mean
within fifty-three (53) Days of the receipt of the complete Collocation Application; and 4)
whether the Collocation Application requires major infrastructure additions or
modifications. The installation of line cards and other minor modifications shall be
performed by CenturyLink on shorter intervals and in no instance shall any such interval
exceed thirt (30) Days. When centuryLink is permitted to complete a Collocation
installation in an interval that is longer than the standard intervals set forth below,
CenturyLink shall use its best efforts to minimize the extension of the intervals beyond
such standard intervals.
8.4.2.4.1 Forecasted Applications with Timely Acceptance - If a
Collocation Application is included in CLEC's forecast at least sixty (60) Days
prior to submission of the Collocation Application, and if CLEC provides a
complete Acceptance within seven (7) Days of receipt of the CenturyLink
Collocation quotation, and if all of CLEC's equipment is available at the
CenturyLink Premises no later than fifty-three (53) Days after receipt of the
complete Collocation Application, CenturyLink shall complete its installation of
the Collocation arrangement within ninety (90) Days of the receipt of the
complete Collocation Application. If CLEC's equipment is not delivered to
CenturyLink within fifty-three (53) Days after receipt of the complete Collocation
Application, CenturyLink shall complete the Collocation installation within forty-
five (45) Days of the receipt of all of CLEC's equipment.
.
8.4.2.4.2 Forecasted Applications with Late Acceptance - If a Premises is
included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance more than
seven (7) Days but less than thirty (30) Days after receipt of the CenturyLink
Collocation quotation, and if all of CLEC's equipment is available at the
CenturyLink Premises no later than fifty-three (53) Days after receipt of the
complete Collocation Acceptance, CenturyLink shall complete its installation of
the Collocation arrangement within ninety (90) Days of the receipt of the
complete Collocation Accptance. If CLEC's equipment is not delivered to
centuryLink within fift-three (53) Days after receipt of the complete Collocation
Acceptance, CenturyLink shall complete the Collocation installation within forty-
five (45) Days of the receipt of all of CLEC's equipment. If CLEC submits its
Acceptance more than thirty (30) Days after receipt of the CenturyLink quotation,
the Collocation Application shall be resubmitted by CLEC.
8.4.2.4.3 Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) Days prior to .
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Collocation.submission of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) Days of receipt of the CenturyLink Collocation
quotation, and if all of CLEC's equipment is available at the CenturyLink
Premises no later than fifty-three (53) Days after receipt of the complete
Collocation Application, CenturyLink shall complete its installation of the
Collocation arrangement within one hundred and twenty (120) Days of the receipt
of the complete Collocation Application. If CLEC's equipment is not delivered to
CenturyLink within fifty-three (53) Days after receipt of the complete Collocation
Application, CenturyLink shall complete the Collocation installation within
seventy-five (75) Days of the receipt of all of CLEC's equipment.
8.4.2.4.4 Unforecasted Applications with Late Acceptance - If a Premises
is not included in CLEC's forecast at least sixty (60) Days prior to submission of
the Collocation Application, and if CLEC provides a complete Acceptance more
than seven (7) Days but less than thirt (30) Days after receipt of the CenturyLink
Collocation quotation, and if all of CLEC's equipment is available at the
CenturyLink Premises no later than fifty-three (53) Days after receipt of the
complete Collocation Acceptance, CenturyLink shall complete its installation of
the Collocation arrangement within one hundred and twenty (120) Days of the
receipt of the complete Collocation Acceptance. If CLEC's equipment is not
delivered to CenturyLink within fifty-three (53) Days after receipt of the complete
Collocation Acceptance, CenturyLink shall complete the Collocation installation
within seventy-five (75) Days of the receipt of all of CLEC's equipment.
8.4.2.4.5 Intervals for Major Infrastructure Modifications Where No
Forecast is Provided - An unforecasted Collocation Application may require
CenturyLink to complete major infrastructure modifications to accommodate
CenturyLink specific requirements. Major infrastructure modifications that may
be required include conditioning space, permits, DC power plant, standby
generators, heating, venting or air conditioning equipment. The installation
intervals in Sections 8.4.2.4.3 through 8.4.2.4.4 may be extended, if required, to
accommodate major infrastructure modifications. When major infrastructure
modifications as described above are required, and if all of CLEC's equipment is
available at the CenturyLink Premises no later than fifty-three (53) Days after
receipt of the complete Collocation Application, CenturyLink shall propose to
complete its installation of the Collocation arrangement within an interval of no
more than one hundred and fifty (150) Days after receipt of the complete
Collocation Application. The need for, and the duration of, an extended interval
shall be provided to CLEC as a part of the quotation. CLEC may dispute the
need for, and the duration of, an extended interval, in which case CenturyLink
must request a waiver from the Commission to obtain an extended intervaL.
.
.
8.4.2.4.6 Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. - If CLEC's forecast or reservation triggers the
need for an infrastructure modification, CenturyLink shall take the steps
necessary to ensure that it wil meet the intervals set forth in Sections 8.4.2.4.1
and 8.4.2.4.2 when CLEC submits a Collocation Application. If not withstanding
these efforts, CenturyLink is unable to meet the interval and cannot reach
agreement with CLEC for an extended interval, CenturyLink may seek a waiver
from the Commission to obtain an extended intervaL.
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8.4.3 Ordering. Caged and Cage less Physical Collocation
8.4.3.1 Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5 CenturyLink wil perform a feasibility study to determine if
adequate space, power, and HVAC can be found for the placement and operation of
CLEC's equipment within the Premises. The feasibilty study wil be provided within ten
(10) Days from date of receipt of a complete Collocation Application. As partof the
feasibility study, CenturyLink wil also notify CLEC of any known circumstance that may
delay delivery of the ordered Collocation space and related facilities.
.
8.4.3.1.1 If CenturyLink determines that the Collocation Application is not
complete, CenturyLink shall notify CLEC of any deficiencies within ten (10) Days
of the Collocation Application. CenturyLink shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises, CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) Days after being advised of the deficiencies.
8.4.3.2 Quotation -- If Collocation Entrance Facilties and space are available,
CenturyLink wil develop a quotation for the supporting structure. CenturyLink wil
complete the quotation no later than twenty-five (25) Days of providing the feasibility
study. Physical Collocation price quotations wil be honored for thirty (30) Days from the
date the quotation is provided. During this period, the Collocation Entrance Facility and
space is reserved pending CLEC's Acceptance of the quoted charges.
8.4.3.3 Acceptance -- Upon receipt of a complete Collocation Acceptance, as .
described in Section 8.4.1.6 space wil be reserved and construction by CenturyLink will ..
begin.
8.4.3.4 Interval - The interval for Physical Collocation shall vary depending upon
three (3) factors: 1) whether the request was forecasted in accordance with Section
8.4.1.4 or the space was reserved, in accordance with Section 8.4.1.7; 2) whether CLEC
provides its Acceptance within seven (7) Days of receipt of the quotation; and 3) whether
the Collocation Application requires major infrastructure additions or modifications.
When CenturyLink is permitted to complete a Collocation installation in an interval that is
longer than the standard intervals set forth below, CenturyLink shall use its best efforts
to minimize the extension of the intervals beyond such standard intervals.
8.4.3.4.1 Forecasted Applications with Timely Acceptance - If a Premises
is included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance within
seven (7) Days of receipt of the CenturyLink Collocation quotation, CenturyLink
shall complete its installation of the Collocation arrangement within ninety (90)
Days of the receipt of the complete Collocation Application.
8.4.3.4.2 Forecasted Applications with Late Acceptance - If a Premises is
included in CLEC's forecast at least sixt (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance more than
seven (7) Days but less than thirty (30) Days after receipt of the CenturyLink
Collocation quotation, CenturyLink shall complete its installation of the
Collocation arrangement within ninety (90) Days of the receipt of the complete .
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Collocation.Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30)
Days after receipt of the CenturyLink quotation, a new Collocation Application
shall be resubmitted by CLEC.
8.4.3.4.3 Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) Days prior to
submission of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) Days after receipt of the CenturyLink Collocation
quotation, CenturyLink shall complete its installation of the Collocation
arrangement within one hundred and twenty (120) Days of the receipt of the
complete Collocation Application.
.
8.4.3.4.4 Unforecasted Applications with Late Acceptance - If a Premises
is not included in CLEC's forecast at least sixty (60) Days pnor to submission of
the Collocation Application and if CLEC provides a complete Acceptance more
than seven (7) Days but less than thirty (30) Days after receipt of the CenturyLink
Collocation quotation, CenturyLink shall complete its installation of the
Collocation arrangement within one hundred and twenty (120) Days of the receipt
of the complete Collocation Acceptance.
8.4.3.4.5 Intervals for Major Infrastructure Modifications Where No
Forecast is Provided - An unforecasted Collocation Application may require
CenturyLink to complete major infrastructure modifications to accommodate
CLEC's specific requirements. Major infrastructure modifications that may be
required include conditioning space, permits, DC power plant, standby
generators, heating, venting or air conditioning equipment. The installation
intervals in Sections 8.4.3.4.3 through 8.4.3.4.4 may be extended, if required, to
accommodate major infrastructure modifications. When major infrastructure
modifications as described above are required, CenturyLink shall propose to
complete its installation of the Collocation arrangement within an interval of no
more than one hundred and fifty (150) Days after receipt of the complete
Collocation Application. The need for, and the duration of, an extended interval
shall be provided to CLEC as a part of the quotation. CLEC may dispute the
need for, and the duration of, an extended interval, in which case CenturyLink
must request a waiver from the Commission to obtain an extended intervaL.
8.4.3.4.6 Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. If CLEC's forecast or reservation triggers the
need for an infrastructure modification, CenturyLink shall take the steps
necessary to ensure that it wil meet the intervals set forth in Sections 8.43.4.1
and 8.4.3.4.2 when CLEC submits a Collocation Application. If not withstanding
these efforts, CenturyLink is unable to meet the interval and cannot reach
agreement with CLEC for an extended interval, CenturyLink may seek a waiver
from the Commission to obtain an extended intervaL.
8.4.4 Ordering. Interconnection Distribution Frame (ICDF) Collocation
.8.4.4.1 Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5, CenturyLink will. perform a feasibilty study to determine if
adequate space can be found for the placement and operation of CLEC's terminations
within the Wire Center. The feasibility study wil be provided within ten (10) Days from
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date of receipt of a complete Collocation Application. As part of the feasibility study,
CenturyLink wil also notify CLEC of any known circumstance that may delay delivery of .
the ordered Collocation space and related facilities. CLEC may submit an ICDF forecast
in accordance with Section 8.4.1.4. The forecast shall include demand by DSO, DS1
and DS3 capacities that wil be terminated on the Interconnection Distribution Frame by
CenturyLink on behalf of CLEC. Such forecasts shall be used by CenturyLink to
determine the sizing of required tie cables and the terminations on each Interconnection
Distribution Frame as well as the various other frames within the CenturyLink Wire
Center.
8.4.4.1.1 If CenturyLink determines that the Collocation Application is not
complete, CenturyLink shall notify CLEC of any deficiencies within ten (10) Days
of the Collocation Application. CenturyLink shall provide suffcient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises, CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) Days after being advised of the deficiencies.
8.4.4.2 Quotation -- If space is available, CenturyLink wil develop a quotation for
the supporting structure. CenturyLink will complete the quotation no later than twenty-
five (25) Days of providing the feasibility study. ICDF Collocation price quotations wil be
honored for thirty (30) Days from the date the quotation is provided. During this period,
the space is reserved pending CLEC's Acceptance of the quoted charges.
8.4.4.3 Acceptance -- Upon recipt of a complete Collocation Acceptance, as
described in Section 8.4.1.6, space wil be reserved and construction by CenturyLink wil .
begin.
8.4.4.4 Interval - The interval for ICDF Collocation shall vary depending upon two
(2) factors - 1) whether the request was forecasted in accordance with 8.4.1.4 or the
space was reserved, in accordance with Section 8.4.1.7 and 2) whether CLEC provides
its Acceptance within seven (7) Days of the quotation. When CenturyLink is permitted to
complete a Collocation installation in an interval that is longer than the standard intervals
set forth below, CenturyLink shall use its best efforts to minimize the extension of the
intervals beyond such standard intervals.
8.4.4.4.1 Forecasted Applications with Timely Acceptance - If a Premises
is included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance within
seven (7) Days of receipt of the CenturyLink Collocation quotation, CenturyLink
shall complete its installation of the Collocation arrangement within forty-five (45)
Days of the receipt of the complete Collocation Application.
8.4.4.4.2 Forecasted Applications with Late Acceptance - If a Premises is
included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance more than
seven (7) Days but less than thirt (30) Days after receipt of the CenturyLink
Collocation quotation, CenturyLink shall complete its installation of the
Collocation arrangement within fort-five (45) Days of the receipt of the complete
Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30)
days after receipt of the CenturyLink quotation, the Collocation Application shall .
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Collocation.be resubmitted by CLEC.
8.4.4.4.3 Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) Days prior to
submission of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) Days after receipt of the CenturyLink Collocation
quotation, CenturyLink shall complete its installation of the Collocation
arrangement within ninety (90) Days of the receipt of the complete Collocation
Application. This interval may be lengthened if space must be reclaimed or
reconditioned. The need for an extended interval shall be provided to CLEC as a
part of the quotation. CLEC may dispute the need for an extended interval, in
which case CenturyLink must request a waiver from the Commission.
8.4.4.4.4 Unforecasted Applications with Late Acceptance - If a Premises
is not included in CLEC's forecast at least sixty (60) Days prior to submission of
the Collocation Application and if CLEC provides a complete Acceptance more
than seven (7) Days but less than thirty (30) Days after receipt of the CenturyLink
Collocation quotation, CenturyLink shall complete its installation of the
Collocation arrangement within ninety (90) Days of the receipt of the complete
Collocation Acceptance. This interval may be lengthened if space must be
reclaimed or reconditioned. The need for an extended interval shall be provided
to CLEC as a part of the quotation. CLEC may dispute the need for an extended
interval, in which case CenturyLink must request a waiver from the Commission.
8.4.5 Ordering - Adjacent Collocation.8.45.1 If space for Physical Collocation in a particular CenturyLink Premises is
not available at the time of CLEC's request, CLEC may request CenturyLink to conduct a
feasibility study for Adjacent Collocation for that Premises site. CenturyLink
recommends that CenturyLink and CLEC conduct a joint site visit of such Premises to
determine if suitable arrangements can be provided on CenturyLink's propert.
CenturyLink wil make available, within ten (10) business days, drawings of the
CenturyLink physical structures above and below ground for the requested Adjacent
Collocation site.
.
8.4.5.2 If a new structure is to be constructed, the interval shall be developed on
an Individual Case Basis, to account for the granting of permits or Rights of Way (ROW),
if required, the provision of Collocation services by CenturyLink, in accordance with
CLEC's Collocation Application, and the construction by CLEC of the adjacent structure.
If CLEC disputes the interval proposed by CenturyLink, CenturyLink must promptly
petition the Commission for approval of such disputed intervaL.
8.4.5.3 If Adjacent Collocation is provided within an existing CenturyLink
Premises, the ordering procedures and intervals for Physical Collocation shall apply.
8.4.6 Ordering - Remote Collocation and Adjacent Remote Collocation
8.4.6.1 The ordering procedures and intervals for Physical Collocation or Virtual
Collocation shall apply to Remote Collocation, and to Adjacent Remote Collocation
provided within an existing CenturyLink Premises, except Sections 8.4.3.4.3 and
8.4.3.4.4. Remote Collocation and Adjacent Remote Collocation are ordered using the
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Remote Collocation Application Form.
8.4.6.2 If space for Physical Collocation or Virtual Collocation in a particular
CenturyLink Remote Premises is not available at the time of CLEC's request, CLEC may
order Adjacent Remote Collocation using the ordering procedures described above for
Adjacent Collocation in Sections 8.45.1 and 8.4.5.2.
8.4.7 Ordering - CLEC to CLEC Connections
.
8.47.1 Application -- Upon receipt of the applicable portions of a complete
Collocation Application as described in Section 8.4.1.5 (Subsections a, e, hand j).
CenturyLink wil perform a feasibility study to determine if adequate cable racking can be
found for the placement of CLEC's copper, coax, or fiber optic cable, or any other
Technically Feasible method used to interconnect CLEC's collocated equipment that is
in separate locations in the same CenturyLink Premises, or to another CLEC's
equipment in the same Premises. The feasibility study wil be provided within ten (10)
Days from date of receipt of a complete Collocation Application.
8.4.7.1.1 If CenturyLink determines that the Collocation Application is not
complete, CenturyLink shall notify CLEC of any deficiencies within ten (10) Days
of the Collocation Application. CenturyLink shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises, CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) Days after being advised of the deficiencies.
8.4.7.2 Quotation -- If existing cable racking is available, CenturyLink wil provide .
CLEC with a quotation and the specific cable rack route to CLEC with the feasibilty
study. If additional cable racking is required to accommodate CLEC's request,
CenturyLink shall provide a feasibility and quotation to CLEC no later than ten (10) Days
of receipt of Collocation Application. CLEC-to-CLEC Connection quotations wil be
honored for thirty (30) Days from the date the quotation is provided. During this period,
the space is reserved pending CLEC's Acceptance of the quoted charges.
8.4.7.3 Acceptance -- There are two (2) forms of Acceptance for CLEC-to-CLEC
Connections:
8.4.7.3.1 CLEC-to-CLEC connections with existing cable rack. - CLEC
must submit payment of one hundred percent (100%) of the quoted nonrecurring
charges with its Acceptance. Upon receipt of a complete Collocation
Acceptance, CLEC may begin placement of its copper, coax, or fiber cables
along the CenturyLink designated cable rack route. Recurring charges wil begin
with CLEC Acceptance.
8.4.7.3.2 CLEC-to-CLEC Connections using new cable rack. - Upon
receipt of a complete Acceptance from CLEC, as described in Section 8.4.1.6,
CenturyLink wil begin construction of the new cable rack.
8.4.7.4 Interval - Pursuant to Section 8.4.7.3.2, the construction interval for
CLEC-to-CLEC Connections requiring the construction of new cable rack by CenturyLink
shall be within sixty (60) Days of the receipt of the complete Collocation Acceptance. If .
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Collocation.CLEC submits its Acceptance more than thirty (30) Days after receipt of the CenturyLink
quotation, the Collocation Application shall be resubmitted by CLEC.
8.4.8 Ordering - Direct Connections
8.4.8.1 Application - Where Direct Connection is requested in a Wire Center
where CLEC already has established Collocation, upon receipt of the applicable portions
of a complete Collocation Application as described in Section 8.4.1.5 (Subsections a, e,
hand j), CenturyLink wil perform a feasibility study to determine if adequate cable
racking can be found for the placement of copper, coax, or fiber optic cable, or any other
Technically Feasible method, used for Direct Connection (as described in Section
8.3.1.11.2). The feasibility study wil be provided within ten (10) Days from date of
receipt of a complete Collocation Application.
.
8.4.8.1.1 If CenturyLink determines that the Collocation Application is not
complete, CenturyLink shall notify CLEC of any deficiencies within ten (10) Days
of the Collocation Application. CenturyLink shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises, CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) Days after being advised of the deficiencies.
8.4.8.2 Quotation - If existing cable racking is available, CenturyLink wil provide
CLEC with a quotation and the specific cable rack route with the feasibility study. If
additional cable racking is required to accommodate CLEC's request, CenturyLink shall
provide a quotation to CLEC no later than ten (10) Days after receipt of a complete
Collocation Application. Direct Connection quotations wil be honored for thirty (30)
Days from the date the quotation is provided. During this period, the space is reserved
pending CLEC's Acceptance of the quoted charges.
8.4.8.3 Acceptance - There are two (2) forms of Acceptance for Direct
Connection:
8.4.8.3.1 Direct Connection with existing cable rack. - CLEC must submit
payment of one hundred percent (100%) of the quoted nonrecurrng charges with
its acceptance notification.
8.4.8.3.2 Direct Connection using new cable rack. - Upon receipt of a
complete Acceptance from CLEC, as described in Section 8.4.1.6, CenturyLink
wil begin construction of the new cable rack.
8.4.8.4 Interval - The construction interval for Direct Connections shall be
dependent upon whether the Direct Connection is to the COSMICTM frame requiring a
MELDTM and or if new cable racking is required.
.
8.4.8.4.1 If CLEC provides a complete Acceptance within thirty (30) Days
of receipt of the CenturyLink Collocation quotation, CenturyLink shall complete its
installation of the Direct Connection above the DSO level where no new cable
racking is required within thirty (30) Days of the receipt of the complete
Collocation Acceptance. If Direct Connection is required at the DSO level, to the
COSMICTM, or if new cable racking needs to be installed, CenturyLink will
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Collocation
provision the direct trunking within sixt (60) Days of the receipt of the complete .
Collocation Acceptance.
8.4.9 Ordering - Facilty Connected (FC) Collocation
8.4.9.1 Application - Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5, CenturyLink wil perform a feasibility study~ The feasibility
study wil be provided within ten (10) Days of receipt of a complete Collocation
Application. As part of the feasibilty study, CenturyLink wil also notify CLEC of any
known circumstance that may delay delivery of the ordered Collocation space and
related facilities.
8.4.9.1.1 If CenturyLink determines that the Collocation Application is not
complete, CenturyLink shall notify CLEC of any deficiencies within ten (10) Days
of the Collocation Application. CenturyLink shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises, CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) Days after being advised of the deficiencies.
8.4.9.2 Quotation - If Collocation Entrance Facilities and space are available,
CenturyLink will develop a price quotation within twenty-five (25) Days of providing the
feasibility study. Facility Connected Collocation price quotations wil be honored for
thirty (30) Days from the date the quotation is provided. During this period, the
Collocation Entrance Facility and space are reserved pending CLEC's Acceptance of the
quoted charges..
8.4.9.3 Acceptance - Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4.1.6, space will be reserved and construction by CenturyLink wil
begin.
8.4.9.4 Interval - The interval for FC Collocation shall vary depending based on
two (2) factors - 1) whether CLEC provides its Acceptance within seven (7) Days of
receipt of the quotation; and 2) whether CLEe delivers its Entrance Facility to
CenturyLink's C-POI in a timely manner, which shall mean within fifty-three (53) Days of
the receipt of the complete Collocation Application. CenturyLink wil provide FC
Collocation ninety (90) Days from receipt of a complete Collocation Application with
timely Acceptance of the quotation by CLEC. With late Acceptance of the quotation by
CLEC, CenturyLink wil provide FC Collocation ninety (90) Days from Acceptance.
CLEC must have its Entrance Facility at the C-POI no later than fifty-three (53) Days
after CenturyLink receives the complete Collocation Application. If CLEC's Entrance
Facility is not completed to the C-POI within fift-three (53) Days after receipt of the
complete Collocation Application, CenturyLink shall complete the FC Collocation within
forty-five (45) Days of the completion and availabilty of CLEC's Entrance Facility at the
C-POI.
8.5 Billng
8.5.1 Biling. All Collocation
8.5.1.1 Upon completion of the Collocation construction activities and payment of .
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Collocation.the remaining nonrecurring balance, CenturyLink will provide CLEC a completion
package that will initiate the recurring Collocation charges. Once this completion
package has been signed by CLEC and CenturyLink, and CenturyLink has received the
final fifty percent (50%) balance, CenturyLink will activate CLEC transport services
and/or UNEs or ancillary services coincident with completion of the Collocation.
8.5.1.2 In the event CenturyLink has completed all associated construction
activities and CLEC has not completed its associated activities (e.g., delivering fiber to
the C-POI, or providing the equipment cables for connecting to the Interconnection
Distribution Frame), CenturyLink will bil an adjusted amount of the remaining
nonrecurring balance, close the job, and begin Billng the monthly recurring rent charge.
In those instances where the job is delayed due to CLEC not having its fiber to the POI,
CenturyLink wil request the balance due minus the dollar amount specific to this work
activity, and begin Biling the monthly recurring rent charge. Once CLEC has completed
fiber placement, CLEC can request CenturyLink to return and complete the splicing
activity at the rate reflected in this Agreement. In the case of missing equipment cables,
CLEC wil be responsible for installng the cables if not delivered at job completion. The
installation activity must be conducted by a CenturyLink approved vendor and follow the
designated racking route. Final test and turn-up wil be performed under the
Maintenance and Repair process contained herein.
8.5.2 Biling. Virtual Collocation
.8.5.2.1 Virtual Collocation wil be considered complete when the Premises is
Ready for Service (RFS). Cooperative testing between CLEC and CenturyLink may be
negotiated and performed to ensure continuity and acceptable transmission parameters
in the facility and equipment.
8.5.3 Biling. Caged and Cage less Physical Collocation
8.5.3.1 Payment for the remaining nonrecurring charges shall be upon the RFS
date. Upon completion of the construction activities and payment of the remaining
nonrecurring charges, CenturyLink wil schedule a walk through of the space with CLEC.
During this joint walk through, CenturyLink wil turn over access to the space and provide
security access to the Premises. Upon completion of the acceptance walk through,
CLEC wil be provided the Caged or Cageless Physical Collocation completion package
(Le., all ordering information). The monthly Biling for leased space, DC power, Entrance
Facility, and other associated monthly charges wil commence with CLEC sign off on the
completion of the physical space. CLEC may then proceed with the installation of its
equipment in the Collocation space, unless early access has been arranged pursuant to
Section 8.2.3.7. If CenturyLink, despite its best efforts, including notification through the
contact number on the Collocation Application, is unable to schedule the walk through
with CLEC within twenty-one (21) Days of the RFS, CenturyLink shall activate the
monthly recurring charges.
8.6 Maintenance and Repair
8.6.1 Virtual Collocation.8.6.1.1 Maintenance Labor, Inspector Labor, Engineering Labor and Equipment
Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm
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(local time) and after business hours are after 5:00 pm and before 8:00 am (local time),
Monday through Friday, all day Saturday, Sunday and holidays. .
8.6.1.2 Installation and maintenance of CLEC's virtually collocated equipment wil
be performed by CenturyLink or a CenturyLink authorized vendor.
8.6.1.3 Upon failure of CLEC's virtually collocated equipment, CenturyLink wil
promptly notify CLEC of such failure and the corrective action that is needed.
CenturyLink wil repair such equipment within the same time periods and with failure
rates that are no greater than those that apply to the performance of similar functions for
comparable equipment of CenturyLink. CLEC is responsible for transportation and
delivery of maintenance spares to CenturyLink at the Premises housing the failed
equipment. CLEC is responsible for purchasing and maintaining a supply of spares.
8.6.2 Physical Collocation
8.6.2.1 CLEC is responsible for the maintenance and repair of its equipment
located within CLEC's leased space.
8.6.3 Interconnection Distribution Frame
8.6.3.1 CLEC is responsible for block and jumper inventory and maintenance at
the Interconnection Distribution Frame and using industry accepted practices for its
terminations. Additionally, CLEC is responsible for having jumper wire and tools for
such operations. CenturyLink is responsible for the overall repair and maintenance of
the frame; including horizontal and vertical mounting positions, cable raceways, rings, .
and troughs, and general housekeeping of the frame.
8.6.4 Adjacent Collocation and Adjacent Remote Collocation
8.6.4.1 CLEC is responsible for the maintenance and repair of its equipment
located within CLEC's Adjacent Collocation and Adjacent Remote Collocation space.
8.6.5 Facilty Connected (FC) Collocation
8.6.5.1 CenturyLink wil be responsible for all Maintenance and Repair of FC
Collocation facilties from the C-POI into and within the Wire Center,and for the
associated Interconnection, ancilary services, and Finished Services terminated on the
FC Collocation blocks or panels. CLEC does not have physical access to the Wire
Center for FC Collocation.
8.6.6 Splitter Collocation
8.6.6.1 When Splitters are installed in CenturyLink Wire Centers via Common
Area Splitter Collocation, CLEC wil order and install additional Splitter cards as
necessary to increase the capacity of the Splitters. CLEC will leave one (1) unused,
spare Splitter card in every shelf to be used for Maintenance and Repair until such time
as the card must be used to fil the shelf to capacity.
8.6.6.2 When Splitters are installed in CenturyLink Wire Centers via standard
Collocation arrangements, CLEC may install test access equipment in its Collocation .
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.
.
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areas in those Wire Centers for the purpose of testing Shared Loops. This equipment
must meet the requirements for Central Offce equipment set by the FCC in its March 31,
1999 Order in CC Docket No. 98-147.
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Unbundled Network Elements
SECTI,ON 9.0 - UNBUNDLED NETWORK ELEMENTS .9.1 General Terms
9.1.1 Changes in law, regulations or other "Existing Rules" relating to Unbundled
Network Elements (UNEs), including additions and deletions of elements CenturyLink is
required to unbundle and/or provide in a UNE Combination, shall be incorporated into this
Agreement by amendment pursuant to Section 2.2. CLEC and CenturyLink agree that the
UNEs identified in Section 9 are not exclusive and that pursuant to changes in FCC rules, the
Bona Fide Request Process, or Special Request Process (SRP), CLEC may identify and
request that CenturyLink furnish additional or revised UNEs to the extent required under Section
251 (c)(3) of the Act. Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain
a UNE subsequently defined by the FCC.
9.1.1.1 UNEs shall only be obtained for the provision of Telecommunications
Services, which do not include telecommunications utilized by CLEC for its own
administrative use.
9.1.1.2 CLEC may not access UNEs for the exclusive provision of Mobile
Wireless Services or Interexchange Services.
9.1.1.3 If CLEC accesses and uses a UNE consistently with Section 9.1.2, CLEC
may provide any Telecommunications Services over the same UNE.
9.1.1.4 To submit an order to obtain a high capacity Loop or transport UNE,
CLEC must undertake a reasonably dilgent inquiry and, based on that inquiry, self- .
certify that, to the best of its knowledge, its request is consistent with the requirements
discussed in Sections IV, V, and Vi of the Triennial Review Remand Order and that it is
therefore entitled to unbundled access to the particular Network Elements sought
pursuant to Section 251(c)(3) of the Act. As part of such reasonably diligent inquiry,
CLEC shall ensure that a requested unbundled DS1 or DS3 Loop is not in a Wire Center
identified on the list provided by CenturyLink of Wire Centers that meet the applicable
non-impairment thresholds as specified in Section 9.2, and that a requested unbundled
DS1, DS3 and/or dark fiber transport circuit UNE is not between Wire Centers found
identified on the list of Wire Centers that meet the applicable non-impairment threshold
as specified in Section 9.6.
9.1.1.4.1 Upon receiving a request for access to a dedicated transport or
high-capacity loop UNE that indicates that the UNE meets the relevant factual
criteria discussed in sections V and Vi of the Triennial Review Remand Order,
CenturyLink must immediately process the request. To the extent that
CenturyLink seeks to challenge any other such UNEs, it subsequently can raise
that issue through the dispute resolution procedures provided for in this
Agreement.
9.1.1.4.2 Intentionally Left Blank
9.1.1.4.3 Additional. Non-Impaired Wire Centers. When CenturyLink files a
request(s) to add additional Wire Center(s) to the CenturyLinkNon-impaired Wire
Center list, CenturyLink will follow the procedures for making such requests as ..
agreed to by CenturyLink and certain CLECs in the Multi-state Settlement
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Unbundled Network Elements.Agreement Regarding Wire Center Designations and Related Issues on June 20,
2007. If the Commission approves the Wire Center(s) as non-impaired, fifteen
(15) Days after Commission-approval CLEC wil no longer order impacted HighCapacity Loops, high capacity transport UNEs and Dark Fiber Dedicated
Transport UNEs in (for loops) or between (for transport) those Non-impaired Wire
Centers. CenturyLink and CLEC wil work together to identify those circuits
impacted by such change.
9.1.1.43.1 Length of Transition Period for Additional Non-Impairment
Designations.
9.1.1.4.3.1.1 When a wire center meets additional DS1 and DS3
loop or high capacity transport UNE non-impairment as described
in Section 9.1.1.4.3, CLEC wil have ninety (90) Days from the
effective date to transition the applicable Non-Impaired Facilities
to an alternative service.
9.1.1.4.3.1.2 When a wire center meets additional Dark Fiber
transport non-impairment as described in Section 9.1.1.4.3, CLEC
wil have one-hundred and eighty (180) Days from the effective
date to transition to an alternative arrangement. The Parties wil
work together to identify those circuits impacted by such a
change..9.1.1.4.3.2 Rate During Transition Period for Additional Non-
Impairment Designations.
9.1.1.4.3.2.1 For a ninety (90) Day period beginning on the
effective date on which the Commission approves an addition to
the CenturyLink Non-impaired Wire Center list, any DS1 Loop
UNEs, DS3 Loop UNEs, DS1 Dedicated Transport UNEs, and
DS3 Dedicated Transport UNEs that CLEC leases from
CenturyLink as of that date, but which CenturyLink is not obligated
to unbundle, shall be available for lease from CenturyLink at a rate
equal to 115% of the UNE rates applicable as of the effective date
on which the Commission adds the Wire Center to the
CenturyLink Non-impaired Wire Center list.
9.1.1.4.3.2.2 For a one-hundred and eighty (180) Day period
beginning on the effective date on which the Commission
approves an addition to the CenturyLink Non-impaired Wire
Center list, any Dark Fiber Dedicated Transport UNEs that CLEC
leases from CenturyLink as of that date, but which CenturyLink is
not obligated to unbundle, shall be available for lease from
CenturyLink at a rate equal to 115% of the UNE rates applicable
as of the effective date on which the Commission adds the Wire
Center to the CenturyLink Non-impaired Wire Center list..9.1.1.4.3.2.3 The 115% rate described in Sections 9.1.1.4.3.2.1
and 9.1.1.4.3.2.2 will be applied to CLEC bils on the following bill
cycle, and may be applied as a manual adjustment. Any manual
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bil adjustment for the time period for which the facilities were in
place wil be applied to each account based on the Billng .
Telephone Number (BTN) and/or Circuit (CKT) identification .
number per Billng Account Number (BAN) with an effective bill
date as of the effective date on which the Commission adds the
Wire Center to the CenturyLink Non-impaired Wire Center list.
9.1.1.4.3.2.4 For high capacity loops and high capacity transport
UNE transitions, CenturyLink wil assess the non-recurring charge
contained in the appropriate Tariff. No additional non-recurring
charges apply for the transition, other than ass non-recurring
charges if applicable. CenturyLink shall not impose any recurring
or nonrecurring ass charges unless and until the Commission
authorizes CenturyLink to impose such charges and/or approves
applicable rates at the completion of appropriate cost docket
proceedings.
9.1.1.4.3.2.4.1 When CenturyLink's tariff rate
exceeds $25, CenturyLink will provide a clearly identified
lump sum credit within three (3) billng cycles that results in
an effective net non-recurring charge of $25. This lump
sum credit applies until July 31,2010.
9.1.1.4.3.2.5 Methodology: The Parties agree to use the
methodology for non-impairment or tier designations adopted by
the Commission in the Wire Center Docket..
9.1.1.5 If it is determined by CLEC or CenturyLink that CLEC's access to or use
of UNEs is inconsistent with Existing Rules, except due to change of law, CLEC has
thirty (30) Days to convert such UNEs to alternate service arrangements and CLEC is
subject to back billng for the difference between rates for the UNEs and rates for the
CenturyLink alternate service arrangements. CLEC is also responsible for all non-
recurring charges associated with such conversions.
9.1.1.6 When CLEC submits an order to convert a special access circuit to a
UNE and that circuit has previously been exempt from the special access surcharge
pursuant to 47 C.F.R. § 69.115, CLEC shall document in its certification when and how
the circuit was modified to permit interconnection of the circuit with a local exchange
subscriber line.
9.1.1.7 To the extent it is Technically Feasible, CLEC may Commingle
Telecommunications Services purchased on a resale basis with an Unbundled Network
Element or combination of Unbundled Network Elements. Notwithstanding the
foregoing, the following are not available for resale Commingling:
a) Non-telecommunications services;
b) Enhanced or Information services;
c) Features or functions not offered for resale on a stand-alone basis or .
separate from basic Exchange Service; and
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Unbundled Network Elements.d) Network Elements offered pursuant to Section 271.
9.1.1.8 CLEC may Commingle UNEs and combinations of UNEs with wholesale
services and facilties (e.g., switched and special access services offered pursuant to
Tariff), and request CenturyLink to perform the necessary functions to provision such
Commingling. CLEC wil be required to provide the CFA (Connecting Facility
Assignment) of CLEC's network demarcation (e.g., Collocation or multiplexing facilities)
for each UNE, UNE Combination, or wholesale service when requesting CenturyLink to
perform the Commingling of such services. CenturyLink shall not deny access to a UNE
on the grounds that the UNE or UNE Combination shares part of CenturyLink's network
with access services.
.
9.1.1.8.1 When a UNE and other service are Commingled, the service
interval for each facility being Commingled wil apply only as long as a unique
provisioning process is not required for the UNE or service due to the
Commingling. Performance measurements and\or remedies do not apply to the
total Commingled arrangement but do apply to each facility or service ordered
within the Commingled arrangement. Work performed by CenturyLink to provide
Commingled services that are not subject to standard provisioning intervals will
not be subject to performance measures and remedies, if any, contained in this
Agreement or elsewhere, by virtue of that service's inclusion in a requested
Commingled service arrangement. Provisioning intervals applicable to services
included within a requested Commingled service arrangement wil not begin to
run until CLEC provides a complete and accurate service request, necessary
CFAs to CenturyLink, and CenturyLink completes work required to perform the
Commingling that is in addition to work required to provision the service as a
stand-alone facility or service.
9.1.1.8.2 CenturyLink wil not combine or Commingle services or Network
Elements that are offered by CenturyLink solely pursuant to Section 271 of the
Communications Act of 1934, as amended, with Unbundled Network Elements or
combinations of Unbundled Network Elements.
9.1.1.8.3 Services are available for Commingling only in the manner in
which they are provided in CenturyLink's applicable product Tariffs, catalogs,
price lists, or other Telecommunications Services offerings.
9.1.1.8.3.1 Entrance Facilities and mid-span meet SPOI obtained
pursuant to Section 7 of this Agreement are not available for
Commingling.
9.1.1.9 Ratcheting. To the extent that CLEC requests CenturyLink to commingle
a UNE or a UNE Combination with one or more facilties or services that CLEC has
obtained at wholesale from CenturyLink pursuant to a method other than unbundling
under Section 251 (c)(3) of the Act, CenturyLink wil not be required to bil that wholesale
circuit at multiple rates, otherwise known as ratcheting. Such commingling wil not affect
the prices of UNEs or UNE Combinations involved.
.9.1.1.9.1 To the extent a multiplexed facility is included in a Commingled
circuit then: (1) the multiplexed facilty will be ordered and biled at the UNE rate
if and only if all circuits entering the multiplexer are UNEs and (2) in all other
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situations the multiplexed facilty wil be ordered and billed pursuant to theappropriate Tariff. .
9.1.1.10 Service Eligibility Criteria. The following Service Eligibility Criteria apply
to combinations and/or Commingling of high capacity (DS1 and DS3) Loops and
interoffce transport (high capacity EELs). This includes new UNE EELs, EEL
conversions (including commingled EEL conversions), or new commingled EELs (e.g.,
high capacity loops attached to special access transport).
9.1.1.10.1 Except as otherwise provided in this Section 9.1.1.10, CenturyLink
shall provide access to Unbundled Network Elements and Combinations of
Unbundled Network Elements without regard to whether CLEC seeks access to
the Unbundled Network Elements to establish a new circuit or to convert an
existing circuit from a service to Unbundled Network Elements.
9.1.1.10.2 CLEC must certify that the following Service Eligibility Criteria are
satisfied to: (1) convert a special access circuit to a high capacity EEL, (2) to
obtain a new high capacity EEL; or (3) to obtain at UNE pricing any portion of a
Commingled circuit that includes a high capacity Loop and transport facility or
service. Such certification shall be in accordance with all of the following
Sections.
9.1.1.10.2.1 State Certification. CLEC has received state certification
to provide local voice service in the area being served or, in the absence
of a state certification requirement, has complied with registration,
tariffing, filing fee, or other regulatory requirements applicable to the .
provision of local voice service in that area.
9.1.1.10.2.2 Per Circuit Criteria. The following criteria are satisfied for
each combined circuit, including each DS1 circuit, each DS1 EEL, and
each DS1-equivalent circuit on a DS3 EEL:
9.1.1.10.2.3 Telephone Number Assignment. Each circuit to be
provided to each End User Customer wil be assigned a local telephone
number prior to the provision of service over that circuit. This requires
that each DS1 circuit must have at least one (1) local telephone number
and each DS3 circuit has at least twenty-eight (28) local telephone
numbers. The origination and termination of local voice traffic on each
local telephone number assigned to a circuit shall not include a toll charge
and shall not require dialing special digits beyond those normally required
for a local voice calL.
9.1.1.10.2.4 911 or E911. Each circuit to be provided to each End User
Customer wil have 911 or E911 capability prior to the provision of service
over that circuit.
9.1.1.10.2.5 Collocation.
a) Each circuit to be provided to each End User Customer wil
terminate in a Collocation arrangement that is established pursuant to
Section 251(c)(6) of the Act and located at CenturyLink's Premises within .
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Unbundled Network Elements.the same LATA as the End User Customer's premises, when CenturyLink
is not the collocator, and cannot be at an Interexchange Carrier POP or
ISP POP location;
b) Each circuit to be provided to each End User Customer wil
terminate in a Collocation arrangement that is located at the third party's
premises within the same LATA as the End User Customer's premises,
when CenturyLink is the collocator; and
.
c) When a DS1 or DS3 EEL Loop is connected to a multiplexed
facility, the multiplexed facility must be terminated in a Collocation
arrangement that is established pursuant to Section 251(c)(6) of the Act
and located at CenturyLink's Premises within the same LATA as the End
User Customer's premises, when CenturyLink is not the collocator, and
cannot be at an Interexchange Carrier POP or ISP POP location.
9.1.1.10.2.6 Interconnection Trunking. CLEC must arrange for the
meaningful exchange of traffc which must include hand-offs of local voice
calls that flow in both directions. Where CLEC does not arrange for a
meaningful exchange of traffc, those arrangements cannot be attributed
toward satisfaction of this criterion. At a minimum, each DS1 circuit must
be served by a DSO equivalent LIS trunk in the same LATA as the End
User Customer served by the circuit. For each twenty-four (24) DS1
circuits, CLEC must maintain at least one (1) active DS1 LIS trunk in the
same LATA as the End User Customer served by the circuit.
9.1.1.10.2.6.1 Callng Party Number. Each circuit to be provided
to each End User Customer wil be served by an Interconnection
trunk over which CLEC wil transmit the Callng Party Number in
connection with calls exchanged over the trunk. For each twenty-
four (24) DS1 EELs or other facilities having equivalent capacity,
CLEC wil have at least one (1) active DS1 LIS trunk over which
CLEC wil transmit the Callng Part Number in connection with
calls exchanged over the trunk. If the Callng Party Number is not
exchanged over an Interconnection trunk, that trunk shall not be
counted towards meeting these criteria.
9.1.1.10.2.7 End Office Switch. Each circuit to be provided to each End
User Customer wil be served by an End Ofice Switch capable of
switching local voice traffic. CLEC must certify that the switching
equipment is either registered in the LERG as a Class 5 Switch or that it
can switch local voice traffc.
9.1.1.10.3 CLEC must provide certification to CenturyLink through a
certification letter, or other mutually agreed upon communication, that each
individual high capacity loop in combination, or Commingled, with a CenturyLink-
provided high capacity transport facility or service, meets the Service Eligibility
Criteria set forth above before CenturyLink wil provision or convert the high
capacity facility in combination or Commingled..9.1.1.10.4 CLEC's high capacity combination or Commingled facility Service
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Unbundled Network Elements
Eligibility shall remain valid only so long as CLEC continues to meet the Service
Eligibilty Criteria set forth above. If CLEC's Service Eligibility on a given high .
capacity combination or Commingled facility is no longer valid, CLEC must
submit a service order converting the facility to the appropriate private
line/special access service within thirty (30) Days.
9.1.1.10.5 Service Eligibility Audits. In order to confirm reasonable
compliance with these requirements, CenturyLink may perform Service Eligibility
Audits of CLEC's records. Service Eligibility Audits shall be performed in
accordance with the following guidelines:
9.1.1.10.5.1 CenturyLink may, upon thirty (30) Days written notice to
CLEC that has purchased high capacity combination and Commingled
facilities, conduct a Service Eligibility Audit to ascertain whether those
high capacity facilties were eligible for UNE treatment at the time of
Provisioning or conversion and on an ongoing basis thereafter.
9.1.1.10.5.2 CLEC shall make reasonable efforts to cooperate with any
Service Eligibility Audit by CenturyLink and shall maintain and provide
CenturyLink with relevant records (e.g., network and circuit configuration
data, local telephone numbers) which demonstrate that CLEC's high
capacity combination and Commingled facilties meet the Service
Eligibilty Criteria.
9.1.1.10.5.3 An independent auditor hired and paid for by CenturyLink
shall perform any Service Eligibilty Audits, provided, however, that if a
Service Eligibilty Audit reveals that CLEC's high capacity combination
and Commingled facility circuit(s) do not meet or have not met the
Service Eligibility Criteria, then CLEC shall reimburse CenturyLink for the
cost of the audit. To the extent the independent auditor's report
concludes that CLEC complied in all material respects with the Service
Eligibilty Criteria, CenturyLink shall reimburse CLEC for its costs
associated with the Service Eligibility Audit.
9.1.1.10.5.4 An independent auditor must perform its evaluation in
accordance with the standards established by the American Institute for
Certified Public Accountants (AICPA) and during normal business hours,
unless there is a mutual agreement otherwise.
.
9.1.1.10.5.5 CenturyLink shall not exercise its Service Eligibility Audit
rights with respect to CLEC (excluding Affiliates), more than once in any
calendar year, unless an audit finds non-compliance. If a Service
Eligibility Audit does find non-compliance, CenturyLink shall not exercise
its Service Eligibility Audit nghts for sixty (60) Days following that audit,
and if any subsequent Service Eligibility Audit does not find non-
compliance, then CenturyLink shall not exercise its Service Eligibility
Audit nghts for the remainder of the calendar year.
9.1.1.10.5.6 At the same time that CenturyLink provides notice of a
Service Eligibility Audit to CLEC under this paragraph, CenturyLink shall .
send a copy of the notice to the Federal Communications Commission.
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Unbundled Network Elements.9.1.1.10.5.7 Service Eligibility Audits conducted by CenturyLink for the
purpose of determining compliance with Service Eligibility Criteria shall
not effect or in any way limit any audit or Dispute Resolution rights that
CenturyLink may have pursuant to other provisions of this Agreement.
9.1.1.10.5.8 CenturyLink shall not use any other audit rights it may
have under this Agreement to audit for compliance with the Service
Eligibility Criteria of this Section. CenturyLink shall not require a Service
Eligibility Audit as a prior prerequisite to Provisioning combination and
Commingled facilties.
9.1.1.10.5.9 CLEC shall maintain appropriate records to support its
Service Eligibility Criteria. However, CLEC has no obligation to keep any
records that it does not keep in the ordinary course of its business.
.
9.1.1.10.5.10 If a Service Eligibility Audit demonstrates that a high
capacity combination and Commingled facilities do not meet the Service
Eligibility Criteria above, the CLEC must convert all non-compliant circuits
to private line/special access circuits and CLEC must true-up any
difference in payments within thirt (30) days.
9.1.2 CenturyLink shall provide non-discriminatory access to Unbundled Network
Elements on rates, terms and conditions that are non-discriminatory, just and reasonable. The
quality of an Unbundled Network Element CenturyLink provides, as well as the access provided
to that element, will be equal between all Carriers requesting access to that element; second,
where Technically Feasible, the access and Unbundled Network Element provided by
CenturyLink wil be provided in "substantially the same time and manner" to that which
CenturyLink provides to itself or to its Affiliates. In those situations where CenturyLink does not
provide access to Network Elements to itself, CenturyLink wil provide access in a manner that
provides CLEC with a meaningful opportunity to compete. For the period of time CenturyLink
provides access to CLEC to an Unbundled Network Element, CLEC shall have exclusive use of
the Network Element, except when the provisions herein indicate that a Network Element wil be
shared. Notwithstanding the foregoing, CenturyLink shall provide access and UNEs at the
service performance levels set forth in Section 20. Notwithstanding specific language in other
sections of this Agreement, all provisions of this Agreement regarding Unbundled Network
Elements are subject to this requirement. In addition, CenturyLink shall comply with all state
wholesale service quality requirements.
.
9.1.2.1 If facilities are not available, CenturyLink wil build facilities dedicated to
an End User Customer if CenturyLink would be legally obligated to build such facilities to
meet its Provider of Last Resort (POLR) obligation to provide basic local Exchange
Service or its Eligible Telecommunications Carrier (ETC) obligation to provide primary
basic local Exchange Service. CLEC wil be responsible for any construction charges for
which an End User Customer would be responsible. In other situations, CenturyLink
does not agree that it is obligated to build UNEs, but it wil consider requests to build
UNEs pursuant to Section 9.19 of this Agreement.
9.1.2.1.1 Upon receipt of an LSR or ASR, CenturyLink wil follow the
same process that it would follow for an equivalent retail service to determine if
assignable facilities exist that fit the criteria necessary for the service requested.
If available facilities are not readily identified through the normal assignment
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process, but facilities can be made ready by the requested Due Date, CLEC wil .' ,
not receive an additional FOC, and the order Due Date wil not be changed.
9.1.2.1.2 If cable capacity is available, CenturyLink wil complete
incremental facility work (Le., conditioning, place a drop, add a Network Interface
Device, and other routine network modifications as described below) in order to
complete facilties to the End User Customer's premises.
9.1.2.1.2.1 CenturyLink shall make all routine network
modifications to unbundled Loop and transport facilities used by CLEC
where the requested loop or transport facility has already been
constructed. CenturyLink shall perform these routine network
modifications to unbundled Loop or transport facilities in a non-
discriminatory fashion, without regard to whether the Loop or transport
facility being accessed was constructed on behalf, or in accordance with
the specifications, of any carrier.
9.1.2.1.2.2 A routine network modification is an activity that
CenturyLink regularly undertakes for its own retail End User Customers.
Routine network modifications include, but are not limited to, rearranging
or splicing of cable; adding an equipment case; adding a doubler or
repeater; adding a smart jack; installing a repeater shelf; adding a line
card; deploying a new multiplexer or reconfiguring an existing multiplexer;
and attaching electronic and other equipment that CenturyLink ordinarily
attaches to a DS1 loop to activate such loop for its own retail End User
Customer. They also include activities needed to enable CLEC to light a
dark fiber transport facility. Routine network modifications may entail
activities such as accessing manholes, deploying bucket trucks to reach
aerial cable, and installing equipment casings. Routine network
modifications do not include the installation of new aerial or buried cable
forCLEC.
.
9.1.2.1.3 During the normal assignment process, if no available facilities are
identified for the UNE requested, CenturyLink wil look for existing engineering
job qrders that could fill the request in the future. If an engineering job currently
exists, CenturyLink wil add CLEC's request to that engineering job and send
CLEC a jeopardy notice. Upon completion of the engineering job, CenturyLink
wil send CLEC another FOC with a new Due Date. If facilities are not available
and no engineering job exists that could fil the request in the future, CenturyLink
will treat CLECs request as follows:
9.1.2.1.3.1 For UNEs that meet the requirements set forth in
Section 9.1.2.1, CLEC wil receive a jeopardy notice. CenturyLink wil
initiate an engineering job order for delivery of primary service to the End
User Customer. When the engineering job is completed, CLEC wil
receive another FOC identifying a new Due Date when the Loop wil be
ready for installation. Upon receipt of the second FOC, CLEC can
request a different Due Date by submitting a supplemental order to
change the Due Date to a later date.
9.1.2.1.3,2 For UNEs that do not meet the requirements in .
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.
.
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Section 9.1.2.1, CenturyLink wil send CLEC a rejection notice canceling
the LSR or ASR. Upon receipt of the rejection notice, CLEC may submit
a request to build UNEs pursuant to Section 9.19 of this Agreement.
9.1.2.1.4 CenturyLink wil provide CLEC notification of major Loop facility
builds through the ICONN database. This notification shall include the
identification of any funded outside plant engineering jobs that exceeds one
hundred thousand dollars ($100,000) in total cost, the estimated Ready for
Service Date, the number of pairs or fibers added, and the location of the new
facilities (e.g., Distribution Area for copper distribution, route number for copper
feeder, and termination CLLI codes for fiber). CLEC acknowledges that
CenturyLink does not warrant or guarantee the estimated Ready for Service
Dates. CLEC also acknowledges that funded CenturyLink outside plant
engineering jobs may be modified or cancelled at any time.
9.1.2.1.5 Intentionally Left Blank.
9.1.3 Intentionally Left Blank.
9.1.4 CenturyLink wil provide a connection between Unbundled Network Elements
and a Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). An ITP is
required for each Unbundled Network Element or ancilary service delivered to CLEC. The ITP
provides the connection between the Unbundled Network Element and the ICDF or other
Central Offce Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges
for the ITP are contained in Exhibit A. The ITP may be ordered per termination. The
Demarcation Point shall be:
a) at CLEC-provided Cross Connection equipment located in CLEC's Virtual or
Physical Collocation Space; or
b) if CLEC elects to use ICDF Collocation, at the Interconnection Distribution
Frame (ICDF); or
c) if CLEC elects to use an ICDF in association with Virtual or Physical
Collocation, at the ICDF; or
d) if CLEC elects to use a direct connection from its Collocation space to the
distribution frame serving a particular element, at the distribution frame; or
e) at another Central Offce Demarcation Point mutually-agreed to by the Parties.
9.1.5 CLEC may connect Network Elements in any Technically Feasible manner.
CenturyLink will provide CLEC with the same features, functions and capabilities of a particular
element or combinations of elements that CenturyLink provides to itself. CenturyLink wil
provide CLEC with all of the features and functionalities of a particular element or combination
of elements (regardless of whether such combination of elements is ordered from CenturyLink
in combination or as elements to be combined by CLEC), so that CLEC can provide any
Telecommunications Services that can be offered by means of such element or combination of
elements. CenturyLink wil provide Unbundled Network Elements to CLEC in a manner that
allows CLEC to combine such elements to provide any Telecommunications Services.
CenturyLink shall not in any way restrict CLEC's use of any element or combination of elements
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(regardless of whether such combination of elements is ordered from CenturyLink in ..
combination or as elements to be combined by CLEC) except as CenturyLink may be expressly
permitted or required by Existing Rules.
9.1.6 Except as set forth in Section 9.23, the UNE Combinations Section, CenturyLink
provides UNEs on an individual element basis. Charges, if any, for testing pursuant to this
paragraph are contained in Exhibit A to this Agreement.
9.1.6.1 When elements are provisioned by CenturyLink on an individual element
basis (whether or not such elements are combined by CLEC with other elements
provided by CenturyLink or CLEC):
a) CenturyLink wil perform testing necessary or reasonably requested by
CLEC, to determine that such UNE is capable of meeting the technical
parameters established for each UNE.
b) CenturyLink wil repair and maintain such element to ensure that UNE
continues to meet the technical parameters established for each UNE. CLEC is
responsible for the end-to-end transmission and circuit functionality testing for
UNE Combinations created by CLEC.
c) CenturyLink wil cooperate with CLEC in any Technically Feasible
testing necessary or reasonably requested by CLEC to assist in determining end-
to-end transmission and circuit functionality of such UNE.
9.1.6.2 When elements are provisioned by CenturyLink in combination:
a) CenturyLink wil perform testing necessary or reasonably requested by
CLEC to determine that such combination and each UNE included in such
combination is capable of meeting the technical parameters of the combination.
b) CenturyLink wil repair and maintain such combination and each UNE
included in such combination to ensure that such UNE continues to meet the
technical parameters of the combination.
.
c) CenturyLink wil cooperate with CLEC in any Technically Feasible
testing necessary or reasonably requested by CLEC to determine end-to-end
transmission and circuit functionality of such combination.
9.1.7 Installation intervals for Unbundled Network Elements are contained in Exhibit C.
9.1.8 Maintenance and repair is described herein. The repair center contact telephone
numbers are provided in the PCAT, which is located on the CenturyLink web site.
9.1.9 In order to maintain and modernize the network properly, CenturyLink may make
necessary modifications and changes to the UNEs in its network on an as needed basis. Such
changes may result in minor changes to transmission parameters. Network maintenance and
modernization activities wil result in UNE transmission parameters that are within transmission
limits of the UNE ordered by CLEC. CenturyLink shall provide advance notice of changes that
affect network Interoperability pursuant to applicable FCC rules. Changes that affect network
Interoperability include changes to local dialing from seven (7) to ten (10) digit, area code splits, .
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Unbundled Network Elements.and new area code implementation. FCC rules are contained in C.F.R. Parts 51 and 52.
CenturyLink provides such disclosures onan Internet web site.
9.1.10 Channel Regeneration. CenturyLink's design wil ensure the cable between the
CenturyLink-provided active elements and the DSX wil meet the proper signal level
requirements. Channel regeneration wil not be charged for separately for Interconnection
between a Collocation space and CenturyLink's network. Cable distance limitations are based
on ANSI Standard T1.1 02-1993 "Digital Hierarchy - Electrical Interface; Annex B."
.
9.1.11 Recurring and nonrecurring charges apply for Unbundled Network Elements, as
provided under "Rate Elements" subsections of this Section 9.
9.1.12 Miscellaneous Charges apply for miscellaneous services listed below in this
Section, if such miscellaneous services are available with Unbundled Network Elements as
provided under "Rate Elements" subsections of this Section 9. Miscellaneous services are
provided at CLEC's request or are provided based on CLEC's actions that result in
miscellaneous services being provided by CenturyLink. Miscellaneous Charges are in addition
to recurring and nonrecurring charges that apply under this Agreement. When more than one
miscellaneous service is requested for the same Unbundled Network Element(s), Miscellaneous
Charges for each miscellaneous service apply. Basic rates apply for miscellaneous services
provided during CenturyLink's regular business hours, 8 a.m. to 5 p.m., local time, Monday
through Friday, excluding holidays; overtime Miscellaneous Charges apply for such services
provided between 5 p.m. and 8 a.m., local time, Monday through Friday, or any time Saturday,
excluding holidays; and premium Miscellaneous Charges apply for such services provided any
time on Sundays or holidays.
a) Additional engineering - engineering work including: 1) additional technical
information after CenturyLink has already provided the technical information normally on
the design layout record; 2) customized service; or 3) review of CenturyLink outside
plant records. Basic or overtime rates apply.
b) Additional labor - installation - installation work scheduled to be performed
outside of CenturyLink's regular business hours. Overtime or premium rates apply.
c) Additional labor - other - work not included in "additional labor - installation"
above that involves labor only, including testing and maintenance that are not part of
initially requested installation or maintenance, or, for example, for Optional Testing when
CLEC reports trouble and provides no test results and authorizes CenturyLink to perform
tests on CLEC's behalf. Basic, overtime, or premium rates apply.
.
d) Additional cooperative acceptance testing - performing specific tests requested
by CLEC. CenturyLink's participation in such testing is subject to the availability of
necessary qualified CenturyLink personnel and test equipment at test locations, which
normally include the CenturyLink Central Offce and may include CLEC's specified
location. Tests include, but are not limited to, loop back, attenuation, intermodulation,
phase jitter, noise, delay, echo, and frequency shift tests. Basic, overtime, or premium
rates apply.
e) Non-scheduled testing - performing . specific tests requested by CLEC as
described above under "cooperative testing" or "manual testing" on a non-scheduled
basis. Tests include, but are not limited to, loss, noise, slope, delay, and echo. Such
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tests are performed as the result of a repair request and are in addition to tests required e.
to isolate and repair trouble. Basic, overtime, or premium rates apply.
f) Cancellation - cancellation of a pending order for the installation of services at
any time prior to notification by CenturyLink that service is available for use. The
cancellation date is the date CenturyLink receives notice from CLEC that the order is
cancelled. If CLEC or CLEC's End User Customer is unable to accept service within
thirty (30) Days after the original Due Date, the order wil be cancelled by CenturyLink.
Additional information concerning the application of prices for cancellations can be found
in CenturyLink's Tariff FCC No.1, Section 5.
g) Design change - information provided by CLEC or a request from CLEC that
results in an engineering review and/or a design change to service on a pending service
order, per order, per occurrence. Design changes include, but are not limited to: 1)
changes to the address on a pending service order when the new address is in the same
CenturyLink Wire Center as the original address; or 2) conversions from an Unbundled
Network Element to a private line/Special Access circuit. In addition to a design change
Miscellaneous Charge, an address change may result in the application of an expedite
Miscellaneous Charge in order to retain the original Due Date.
h) Dispatch - 1) information provided by CLEC, or a request from CLEC, in relation
to installation of services, resulting in dispatch of a CenturyLink technician(s) when
dispatch is not required for CenturyLink to complete its installation work; 2) information
provided by CLEC resulting in dispatch, or a request from CLEC for dispatch, of a
CenturyLink technician(s) in relation to a repair request where no trouble is found in
CenturyLink's facilties; and 3) a CenturyLink technician(s) is dispatched and CLEC or
CLEC's End User Customer is not available or ready.
i) Expedite - a Due Date that reflects a shorter service interval than is available in
CenturyLink's Service Interval Guide; or that is a request for an earlier Due Date than
has been established on a pending order; or that is required to meet a Due Date on a
pending order due to design or other changes submitted by CLEC. CenturyLink wil
accommodate CLEC's request for an expedited installation if it can do so without
delaying Due Dates or orders of other CLECs or End User Customers. Charges for
expedited installations are in addition to nonrecurring charges for the service ordered.
Prices for this miscellaneous service are market-based, using CenturyLink's Tariffed,
cataloged, price listed, or other similarly documented prices, and are subject to change.
D Maintenance of Service/Trouble Isolation - work performed by CenturyLink when
CLEC reports trouble to CenturyLink and no trouble is found in CenturyLink's facilities.
CLEC is responsible for payment of charges when the trouble is in equipment or
systems provided by a part(ies) other than CenturyLink. Additionally, when CLEC
reports trouble within a quantity of services and circuits, but fails to identify the specific
service and circuit experiencing trouble, charges apply for the time spent by CenturyLink
to isolate the trouble. A call-out of CenturyLink technician at a time not consecutive with
that technician's scheduled work period is subject to a minimum charge of four (4) hours.
Failure of CenturyLink personnel to find trouble in CenturyLink facilities wil result in no
charge if the trouble is subsequently found in those facilities. Charges apply per
CenturyLink technician, from the time of dispatch until the work is complete. Trouble
Isolation Charges (TIC) apply for trouble isolation work on POTS and Maintenance of .
Service charges apply for trouble isolation work on other services. Dispatch
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Unbundled Network Elements.Miscellaneous Charges may apply in addition to Maintenance of Service charges or TIC.
Basic, overtime, or premium rates apply.
9.1.13
9.1.14
Intentionally Left Blank.
Intentionally Left Blank.
9.1.15 Expedite requests for designed Unbundled Network Elements are available.
Expedites are requests for intervals that are shorter than the interval defined in CenturyLink's
Service Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates. When expedites are
approved, expedite charges apply per order for every day that the Due Date interval is
shortened, based on the standard interval in the SIG or based on ICB criteria for Due Dates.
Expedite charges wil apply to Unbundled Network Elements orders based on the rates
described in Exhibit A.
9.1.15.1 CLEC wil request an expedite for designed Unbundled Network
Elements, including an expedited Due Date, on the Local Service Request (LSR) or the
Access Service Request (ASR), as appropriate.
9.1.15.2 The request for an expedite will be allowed only when resources are
available and the request meets the criteria outlined in the Pre-Approved Expedite
Process in CenturyLink's Product Catalog for expedites at CenturyLink's wholesale web
site.
9.1.16 Intentionally Left Blank..9.2 Unbundled Loops
9.2.1 Description
The Unbundled Loop is defined as a transmission facility between a distribution frame (or its
equivalent) in a CenturyLink Central Offce and the Loop Demarcation Point at an End User
Customer's premises. The Unbundled Loop includes all features, functions, and capabilities of
such transmission facility. Those features, functions, and capabilities include, but are not limited
to, attached electronics that are necessary for the full functionality of the loop (except those
electronics used for the provision of Advanced Services, such as Digital Subscriber Line Access
Multiplexers), and line conditioning. The Unbundled Loop includes DSO, DS1, and DS3 Loops.
.
9.2.1.1 Loop Demarcation Point - For purposes of this Section, Loop
Demarcation Point is the point where CenturyLink owned or controlled facilities cease,
and CLEC, End User Customer, owner or landlord ownership of facilities begins.
9.2.1.2 FTTH and FTC Loops. For purposes of this Section, a Fiber-to-the-
Home (FTTH) loop is a local Loop consisting entirely of fiber optic cable, whether dark or
lit, and serving an End User Customer's premises, or, in the case of predominantly
residential multiple dwellng units (MDUs), a fiber optic cable, whether dark or lit, that
extends to the MDU's minimum point of entry (MPOE). For purposes of this Section, a
Fiber-to-the-Curb (FTTC) loop is a local loop consisting of fiber optic cable connecting to
a copper distribution plant loop that is not more than 500 feet from the End User
Customer's premises or, in the case of predominantly residential MDU, not more than
500 feet from the MDU's MPOE. The fiber optic cable in a FTTC must connect to a
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copper distribution plant loop at a serving area interface from which every other copper
distribution Subloop also is not more than 500 feet from the respective End User .
Customer's premises.
9.2.1.2.1 FITH/FITC New Builds. CenturyLink shall have no obligation
to provide access to an FITH/FIC loop as an Unbundled Network Element in
any situation where CenturyLink deploys such a loop to an End User Customer's
premises that had not previously been served by any loop facility.
9.2.1.2.2 FITH/FIC Overbuilds. CenturyLink shall have no obligation to
provide access to anFIH/FIC loop as an Unbundled Network Element in any
situation where CenturyLink deploys such a loop parallel to, or in replacement of,
an existing copper loop facility. Notwithstanding the foregoing, where
CenturyLink deploys a FITH/FITC loop parallel to, or in replacement of, an
existing copper loop facility:
9.2.1.2.2.1 centuryLink shall: (i) leave the existing copper loop
connected to the End User Customer's premises after deploying the
FITH/FITC loop to such premises, and (ii) upon request provide access
to such copper loop as an Unbundled Network Element. Notwithstanding
the foregoing, CenturyLink shall not be required to incur any expense to
ensure that any such existing copper loop remains capable of transmitting
signals prior to receiving a request from CLEC for access, as set forth
above, in which case CenturyLink shall restore such copper loop to
serviceable condition on an Individual Case Basis. Any such restoration
shall not be subject to Performance Indicator Definition or other
performance service measurement or intervals. CenturyLink's obligations
under this subsection 9.2.1.2.2 shall terminate when CenturyLink retires
such copper Loop in accordance with the provisions of Section 9.2.1.2.3
below.
.
9.2.1.2.2.2 In the event CenturyLink, in accordance with the
provisions of Section 9.2.1.2.3 below, retires the existing copper loop
connected to the End User Customer's premises, CenturyLink shall
provide access, as an Unbundled Network Element, over the FITH/FIC
loop to a 64 kbps transmission path capable of voice grade service.
9.2.1.2.3 Retirement of Copper Loops or Copper Subloops and
Replacement with FITH/FITC Loops. In the event CenturyLink decides to
replace any copper loop or copper Subloop with a FITH/FITC Loop,
CenturyLink wil: (i) provide notice of such planned replacement on its web site
(ww.centurylink.com/disclosures); (ii) provide e-mail notice of such planned
retirement to CLECs; and (iii) provide public notice of such planned replacement
to the FCC. Such notices shall be in addition to any applicable state Commission
notification that may be required. Any such notice provided to the FCC shall be
deemed approved on the ninetieth (90th) Day after the FCC's release of its public
notice of the fiing, unless an objection is filed pursuant to the FCC's rules. In
accordance with the FCC's rules: (i) CLEC objection to a CenturyLink notice that
it plans to replace any copper Loop or copper Subloop with a FITH/FIC Loop
shall be filed with the FCC and served upon CenturyLink no later than the ninth
(9th) business day following the release of the FCC's public notice of the filing and .
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Unbundled Network Elements.(ii) any such objection shall be deemed denied ninety (90) Days after the date onwhich the FCC releases public notice of the fiing, unless the FCC rules
otherwise within that period.
9.2.1.3 Hybrid Loops. A "Hybrid Loop" is an Unbundled Loop composed of both
fiber optic cable, usually in the feeder plant, and copper wire or cable, usually in the
distribution plant.
9.2.1.3.1 Broadband Services. When CLEC seeks access to a Hybrid,
Loop for the provision of broadband services, including DS1 or DS3 capacity, but
not DSL, CenturyLink shall provide CLEC with non-discriminatory access on an
unbundled basis to time division multiplexing features, functions, and capabilities
of that Hybrid Loop, only where impairment has been found to exist to establish a
complete transmission path between CenturyLink's Central Offce and an End
User Customer's premises. This access shall include access to all features,
functions, and capabilities of the Hybrid Loop that are not used to transmit
packetized information.
9.2.1.3.2 Narrowband Services. When CLEC seeks access to a Hybrid
Loop for the provision of narrowband services, CenturyLink may either:
a) Provide non-discriminatory access, on an unbundled basis, to
an entire Hybrid Loop capable of voice-grade service (Le., equivalent to
DSO capacity), using time division multiplexing technology; or.b) Provide non-discriminatory access to a spare home-run copper
loop serving that End User Customer on an unbundled basis.
9.2.1.4 Intentionally Left Blank.
9.2.2 Terms and Conditions
9.2.2.1 CenturyLink shall provide CLEC, on a non-discriminatory basis,
Unbundled Loops (unbundled from local switching and transport) of substantially the
same quality as the Loop that CenturyLink uses to provide service to its own End User
Customers. For Unbundled Loops that have a retail analogue, CenturyLink wil provide
these Unbundled Loops in substantially the same time and manner as CenturyLink
provides to its own End User Customers. Unbundled Loops shall be provisioned in
accordance with Exhibit C and the performance metrics set forth in Section 20 and with
a minimum of service disruption.
9.2.2.1.1 Use of the word "capable" to describe Loops in Section 9.2
means that CenturyLink assures that the Loop meets the technical standards
associated with the specified Network Channel/Network Channel Interface
codes, as contained in the relevant technical publications and industry standards.
.
9.2.2.1.2 Use of the word "compatible" to describe Loops in Section 9.2
means the Unbundled Loop complies with technical parameters of the specified
Network Channel/Network Channel Interface codes as specified in the relevant
technical publications and industry standards. CenturyLink makes no
assumptions as to the capabilities of CLEC's Central Ofice equipment or the
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Customer Premises Equipment..9.2.2.2 Analog (Voice Grade) Unbundled Loops. Analog (voice grade)
Unbundled Loops are available as a two-wire or four-wire voice grade, point-to-point
configuration suitable for local exchange type services. For the two-wire configuration,
CLEC must specify the signaling option. The actual Loop facilities may utilize various
technologies or combinations of technologies.
9.2.2.2.1 If CenturyLink uses Integrated Digital Loop Carrier (IDLC)
systems to provide the Unbundled Loop, CenturyLink will first attempt, to the
extent possible, to make alternate arrangements such as Line and Station
Transfers (LST), to permit CLEC to obtain a contiguous copper Unbundled Loop.
If a LST is not available, CenturyLink may also seek alternatives such as
Integrated Network Access (INA), hair pinning, or placement of a Central Offce
terminal, to permit CLEC to obtain an Unbundled Loop. If no such facilities are
available, CenturyLink wil make every feasible effort to provision Unbundled
Loops over the IDLC in order to provide the Unbundled Loop for CLEC.
9.2.2.2.1.1 In areas where CenturyLink has deployed amounts
of IDLC that are suffcient to cause reasonable concern about CLEC's
abilty to provide service through available copper facilities on a broad
scale, CLEC shall have the ability to gain access to CenturyLink
information sufficient to provide CLEC with a reasonably complete
identification of such available copper facilities. CenturyLink shall be
entitled to mediate accss in a manner reasonably related to the need to
protect Confidential or Proprietary Information. CLEC shall be
responsible for CenturyLink's incremental costs to provide such
information or access mediation.
.
9.2.2.2.2 If there are state service quality rules in effect at the time CLEC
requests an Analog Unbundled Loop, CenturyLink wil provide an Analog
Unbundled Loop that meets the state technical standards. If necessary to meet
the state standards, CenturyLink wil, at no cost to CLEC, remove load coils and
Bridged Taps from the Loop in accordance with the requirements of the specific
technical standard.
9.2.2.3 Digital Capable Loops - DS1 and DS3 Capable Loops, Basic Rate (BRI)
ISDN Capable Loops, 2/4 Wire Non-Loaded Loops and xDSL-1 Capable Loops.
Unbundled digital Loops are transmission paths capable of carrying specifically
formatted and line coded digital signals. Unbundled digital Loops may be provided using
a variety of transmission technologies including, but not limited to, metallc wire, metallc
wire based digital Loop carrier, and fiber optic fed digital carrier systems. CenturyLink
wil provision digital Loops in a non-discriminatory manner, using the same facilities
assignment processes that CenturyLink uses for itself to provide the requisite service.
Digital Loops may use a single or multiple transmission technologies. DC continuity
does not apply to digital capable Loops. If conditioning is required, then CLEC shall be
charged for such conditioning as set forth in Exhibit A if it authorized CenturyLink to
perform such conditioning.
9.2.2.3.1 Intentionally Left Blank..
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Unbundled Network Elements.9.2.2.3.1.1 DS1 Unbundled Loops. Subject to the cap described in
Section 9.2.2.3.1.1.1, CenturyLink shall provide CLEC with non-
discriminatory access to a DS1 Loop on an unbundled basis to any
building not served by a Wire Center with at least 60,000 Business Lines
and at least four (4) Fiber-based Collocators. Once a Wire Center
exceeds both of these thresholds, no future DS1 Loop unbundling will be
required in that Wire Center.
9.2.2.3.1.1.1 Cap on Unbundled DS1 Loop Circuits. CLEC may
obtain a maximum of ten (10) unbundled DS1 Loops to any single
building in which DS1 Loops are available as Unbundled Loops.
9.2.2.3.1.2 DS3 Unbundled Loops. Subject to the cap descnbed
in Section 9.2.2.3.1.2.1, CenturyLink shall provide CLEC with non-
discriminatory access to a DS3 Loop on an unbundled basis to any
building not served by a Wire Center with at least 38,000 Business Lines
and at least four (4) Fiber-based Collocators. If a Wire Center exceeds
both of these thresholds, no future DS3 Loop unbundling is required in
that Wire Center.
9.2.2.3.1.2.1 Cap on Unbundled DS3 Loop Circuits. CLEC may
obtain a maximum of a single unbundled DS3 Loop to any single
building in which DS3 Loops are available as unbundled Loops..9.2.2.3.2 If CLEC orders a 2/4 wire non-loaded Unbundled Loop for an End
User Customer served by a digital loop carrier system, CenturyLink wil conduct
an assignment process which considers the potential for an LST or alternative
copper facility. If no copper facility capable of supporting the requested service is
available, then CenturyLink wil reject the order.
9.2.2.4 Non-Loaded Loops. CLEC may request that CenturyLink provide a non-
loaded Unbundled Loop. In the event that no such facilities are available, CLEC may
request that CenturyLink condition existing spare facilities. CLEC may indicate on the
LSR that it pre-approves conditioning if conditioning is necessary. If CLEC has not pre-
approved conditioning, CenturyLink wil obtain CLEC's consent prior to undertaking any
conditioning efforts. Upon CLEC pre-approval or approval of conditioning, and only if
conditioning is necessary, CenturyLink will dispatch a technician to condition the Loop by
removing load coils and excess Bridged Taps to provide CLEC with a non-loaded Loop.
CLEC wil be charged the nonrecurring conditioning charge (Le., cable unloading and
Bridged Taps removal), if applicable, in addition to the Unbundled Loop installation
nonrecurring charge.
.
9.2.2.4.1 Where CenturyLink fails to meet a Due Date for performing Loop
conditioning, CLEC shall be entitled to a credit equal to the amount of any
conditioning charges applied, where it does not secure the Unbundled Loop
involved within three (3) months of such Due Date. Where CenturyLink does not
perform conditioning in accord with the standards applicable under this
Agreement, CLEC shall be entitled to a credit of one-half (1/2) of the conditioning
charges made, unless CLECcan demonstrate that the Loop as conditioned is
incapable of substantially performing the functions normally within the
parameters applicable to such Loop as this Agreement requires CenturyLink to
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deliver it to CLEC. In the case of such fundamental failure, CLEC shall be
entitled to a credit of all conditioning charges, except where CLEC asks .
CenturyLink to cure any defect and CenturyLink does so. In the case of such
cure, CLEC shall be entitled to the one-half (1/2) credit identified above.
9.2.2.5 When CLEC requests a Basic Rate ISDN capable or an xDSL-1 capable
Loop, CenturyLink wil dispatch a technician, if necessary, to provide Extension
Technology that takes into account for example: the additional regenerator placement,
Central Office powering, Mid-Span repeaters, if required, and BRITE cards in order to
provision the Basic Rate ISDN capable and xDSL-1 capable Loop. Extension
Technology may be required in order to bring the circuit to the specifications necessary
to accommodate the requested service. If the circuit design requires Extension
Technology, to bring it up to the design standards, it wil be added by CenturyLink, at no
charge. Extension Technology can also be requested by CLEC to meet its specific
needs. If Extension Technology is requested by CLEC, but is not required to meet the
technical standards, then CenturyLink wil provide the requested Extension Technology
and wil charge CLEC. CenturyLink wil provision ISDN (BRI) capable and xDSL-1
capable Loops using the specifications in the Technical Publication 77384. Refer to that
document for more information. CLEC wil be charged an Extension Technology
recurring charge in addition to the Unbundled Loop recurring charge, if applicable, as
specified in Exhibit A of this Agreement. The ISDN Capable Loop may also require
conditioning (e.g., removal of load coils or Bridged Taps).
9.2.2.6 For DS1 or DS3 capable Loops, CenturyLink wil provide the necessary
electronics at both ends, including any intermediate repeaters. In addition, CLEC wil
have access to these terminations for testing purposes..
9.2.2.6.1 DS1 capable Loops provide a transmission path between a
Central Office network interface at a DS1 panel or equivalent in a CenturyLink
serving Central Offce and the network interface at the End User Customer
location. DS1 capable Loops transport bi-directional DS1 signals with a nominal
transmission rate of 1.544 Mbit/s. DS1 capable Loops shall meet the design
requirements specified in Technical Publication 77384 (Unbundled Loops) and
77375 (DS1).
9.2.2.6.2 DS3 capable Loops provide a transmission path between a
CenturyLink Central Office network interface and an equivalent network interface
at an End User Customer location. DS3 capable Loops transport bi-directional
DS3 signals with a nominal transmission rate of 44.736 Mbit/s. DS3 capable
Loops shall meet the design requirements specified in Technical Publications
77384 (Unbundled Loop) and 77324 (DS3).
9.2.2.7 CenturyLink is not obligated to provision BRI-ISDN, xDSL-I-capable, DS1
or DS3-capable Loops to End User Customers in areas served exclusively by Loop
facilities or transmission equipment that are not compatible with the requested service.
9.2.2.8 Loop Qualification Tools. CenturyLink offers five (5) Loop qualification
tools: the Loop Qualification Tool, Raw Loop Data Tool, POTS Conversion to
Unbundled Loop Tool, MegaBit Qualification Tool, and ISDN Qualification TooL. These
and any future Loop qualification tools CenturyLink develops wil provide CLEC access
to Loop qualification information in a nondiscriminatory manner and wil provide CLEC .
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Unbundled Network Elements.the same Loop qualification information available to CenturyLink. CLEC may request an
audit of CenturyLink's company records, back offce systems and databases pertaining
to Loop information pursuant to Section 18 of this Agreement.
9.2.2.8.1 Loop Qualification TooL. CLEC may use the Loop Qualification
tool to pre-qualify the requested circuit utilizing the existing telephone number or
address to determine whether it meets DSL specifications. The qualification
process screens the circuit for compliance with the design requirements specified
in Technical Publication 77399.
9.2.2.8.2 Raw Loop Data Tools. CenturyLink offers two (2) types of Raw
Loop Data TooL. If CLEC has a digital certificate, CLEC may access the Wire
Center Raw Loop Data Tool via http://ecom.centurylinkcom. The Wire Center
Raw Loop Data Tool provides CLEC the following information: Wire Center CLLI
code, cable name, pair name, terminal address, ML T distance, segment (F1, F2),
sub-segment (e.g., 1 of F1), segment length, segment gauge, Bridged Taps
length by segment, Bridged Taps offset distance, load coil type, and pair gain
type. CLEC may also access the IMA Raw Loop Data Tool for Loop specific
information. The IMA Raw Loop Data Tool may be accessed through IMA-GUI
or IMA-EDI. This tool provides CLEC the following information: Wire Center
CLLI code, cable name, pair name, terminal address, ML T distance, segment
(F1, F2), sub-segment (e.g., 1 of F1), segment length, segment gauge, Bridged
Taps length by segment, Bridged Taps offset distance, load coil type, number of
loads, and pair gain type..9.2.2.8.3 POTS Conversion to Unbundled Loop TooL. The POTS
Conversion to Unbundled Loop Tool is available to CLEC through IMA-GUI or
IMA-EDI. This tool informs CLEC whether the facility is copper or pair gain and
whether there are load coils on the Loop.
9.2.2.8.4 DSL Qualification TooL. The DSL Qualification Tool is available
to CLEC through IMA-GUI or IMA-EDI. This tool provides a "yes/no" answer
regarding the Loop's ability to support CenturyLink DSL service. If the DSL
Qualification Tool returns a "no" answer, it provides a brief explanation.
9.2.2.8.5 ISDN Qualification TooL. The ISDN Qualification Tool is
available to CLEC through IMA-GUI or IMA-EDI. This tool permits CLEC to view
information on multiple lines and wil inform CLEC of the number of lines found.
If an ISDN capable Loop is found, the tool identifies the facility and, if applicable,
pair gain.
.
9.2.2.8.6 If the Loop make-up information for a particular facility is not
contained in the Loop qualification tools, if the Loop qualification tools return
unclear or incomplete information, or if CLEC identifies any inaccuracy in the
information returned from the Loop qualification tools, and provides CenturyLink
with the basis for CLEC's belief that the information is inaccurate, then CLEC
may request, and CenturyLink wil perform a manual search of the company's
records, back office systems and databases where Loop information resides.
CenturyLink wil provide CLEC, via email, the Loop information identified during
the manual search within fort-eight (48) hours of CenturyLink's receipt of
CLEC's request for manual search. The email wil contain the following Loop
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makeup information: composition of the Loop material; location and type of pair
gain devices, the existence of any terminals, such as Remote Terminals or digital .
loop terminals, Bridged Tap, and load coils; Loop length, and wire gauge. In the
case of Loops served by digital loop carrier, the email wil provide the availability
of spare feeder and distribution facilities that could be used to provision service
to the End User Customer, including any spare facilties not connected to the
Switch and Loop makeup for such spare facilities. After completion of the
investigation, CenturyLink wil load the information into the Loop Facilities
Assignment and Control System (LFACS) database, which wil populate this
Loop information into the fields in the Loop qualification tools.
9.2.2.9 Provisioning Options. The following provisioning options are available for
Unbundled Loop elements. Charges for these Provisioning options vary depending on
the type of Loop requested. Rates are contained in Exhibit A of this Agreement. Testing
parameters are described below and in CenturyLink Technical Publication 77384,
CenturyLink Interconnection Service - Unbundled Loop.
9.2.2.9.1 Basic Installation. Basic Installation may be ordered for new or
existing Unbundled Loops. Upon completion, CenturyLink will call CLEC to notify
CLEC that the CenturyLink work has been completed.
9.2.2.9.1.1 For an existing End User Customer, the Basic
Installation option is a "lift and lay" procedure. The Central Office
Technician (COT) "lifts" the Loop from its current termination and "lays" it
on a new termination connecting to CLEC. There is no associated circuit
testing performed..
9.2.2.9.1.2 For new End User Customer service, the Basic
Installation option involves the COT and Field Technician (CST/NT)
completing circuit wiring and performing the required performance tests to
ensure the new circuit meets the required parameter limits. The test
results are NOT provided to CLEC.
9.2.2.9.1.3 For basic installation of existing 2/4 wire analog
Loops, CenturyLink provides a Quick Loop with or without Local Number
Portability (LNP) option, that enables CLEC to receive the Quick Loop
installation interval as set forth in Exhibit C. Quick Loop installation
without LNP includes only a simple lift and lay procedure. Quick Loop
with LNP installation provides a lift and lay, and the LNP functions. Quick
Loop is not available with cooperative testing, coordinated installation, or
when unbundling from an IDLC to a copper alternative.
9.2.2.9.2 Basic Installation with Performance Testing. Basic Installation
with Performance Testing may be ordered for new or existing Unbundled Loops.
9.2.2.9.2.1 For an existing End User Customer, Basic
Installation with Performance Testing is a "lift and lay" procedure. The
Central Offce Technician (COT) "lifts" the Loop from its current
termination and "lays" it on a new termination connecting CLEC. The
COT and ImplementorlTester perform the required performance tests to e.
ensure that the new circuit meets required parameter limits.
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Unbundled Network Elements.9.2.2.9.2.2 The CenturyLink ImplementorfTester wil read the
test results to CLEC on close-out and email the performance test results
within two (2) business days to a single, designated CLEC offce email
address.
9.2.2.9.2.3 For new End User Customer service, the Basic
Installation with Performance Testing option requires a dispatch to the
End User Customer premises. The COT and Field Technician complete
circuit wiring and perform the required performance tests to ensure the
new circuit meets the required parameter limits. These test results are
read to CLEC by the CenturyLink ImplementorfTester on close-out.
Within two (2) business days, CenturyLink wil email the performance test
results to a single, designated CLEC offce email address.
.
9.2.2.9.3 Coordinated Installation With Cooperative Testing. Coordinated
Installation With Cooperative Testing may be ordered for new or existing service.
For both new and existing service, CLEC must designate a specific "Appointment
Time" when it submits the LSR. On the Due Date (DD), at CLEC's designated
Appointment Time, the CenturyLink ImplementorfTester contacts CLEC to
ensure CLEC is ready for installation. If CLEC is not ready within thirty (30)
minutes of the scheduled Appointment Time, then CLEC must reschedule the
installation by submitting a supplemental LSR for a new Due Date and
Appointment Time. If CenturyLink is not ready within thirty (30) minutes of the
scheduled Appointment Time, CenturyLink will waive the nonrecurring charge for
the installation option, and the Parties will attempt to set a new appointment for
the same day. If CenturyLink fails to perform cooperative testing due to
CenturyLink's fault, CenturyLink wil waive the nonrecurring charge for the
installation option. If CLEC stil desires cooperative testing, the Parties wil
attempt to set a new Appointment Time on the same day and, if unable to do so,
CenturyLink wil issue a jeopardy notice and a FOC with a new Due Date.
9.2.2.9.3.1 For an existing End User Customer, Coordinated
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing. The COT completes the installation in the Central
Office and performs testing that CLEC requests. Upon completion of
CenturyLink performance testing, the CenturyLink ImplementorfTester wil
contact CLEC, read the CenturyLink test results, and begin CLEC
cooperative testing. Within two (2) business days, CenturyLink wil email
the CenturyLink test results to a single, designated CLEC office email
address. CLEC wil be charged for any Provisioning test CLEC requests
that is not defined in the CenturyLink Technical Publication 77384.
9.2.2.9.3.2 For new End User Customer service, Coordinated
Installation With Cooperative Testing may require a dispatch of a
technician to the End User Customer premises. The COT and Field
Technician complete circuit wiring and perform the required performance
tests to ensure that the new circuit meets required parameter limits.
Upon completion of CenturyLink performance testing, the CenturyLink
ImplementorfTester wil contact CLEC, read the CenturyLink test results,
and begin CLEC cooperative testing. Within two (2) business days,
CenturyLink wil email the CenturyLink test results to a single, designated.
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CLEC office email address. CLEC wil be charged for any Provisioning
test not defined in the CenturyLink Technical Publication 77384. .
9.2.2.9.4 Coordinated Installation Without Cooperative Testing.
Coordinated Installation Without Cooperative Testing may be ordered for new or
existing service. For both new and existing service, CLEC must designate a
specific "Appointment Time" when it submits the LSR. On the Due Date (DD), at
CLEC's designated Appointment Time, the CenturyLink ImplementorfTester
contacts CLEC to ensure CLEC is ready for installation. If CLEC is not ready
within thirty (30) minutes of the scheduled Appointment Time, then CLEC must
reschedule the installation by submitting a supplemental LSR. If CenturyLink is
not ready within thirty (30) minutes of the scheduled Appointment Time,
CenturyLink will waive the nonrecurring charge for the installation option and the
Parties wil attempt to set a new Appointment Time on the same day and, if
unable to do so, CenturyLink wil issue a jeopardy notice and a FOC with a new
Due Date.
9.2.2.9.4.1 For an existing Unbundled Loop this Coordinated
Installation Without Cooperative Testing is a "lift and lay" procedure
without a dispatch that offers CLEC the ability to coordinate the
conversion activity. The CenturyLink Implementor advises CLEC when
the "lift and lay" procedure is complete.
9.2.2.9.4.2 For new Unbundled Loops, CenturyLink may
dispatch a technician to terminate the new circuit at the End User
Customer premises. The Field Technician wil not remain on the .
premises to perform the coordinated installation once the circuit is in
place. The COT completes the installation in the Central Office, and the
COT and ImplementorfTester complete the required performance tests to
ensure that the new circuit meets required parameter limits. CLEC will
not receive test results. When installation is complete, CenturyLink wil
notify CLEC.
9.2.2.9.5 Basic Installation With Cooperative Testing. Basic Installation
With Cooperative Testing may be ordered for new or existing Unbundled Loops.
9.2.2.9.5.1 For an existing End User Customer, Basic
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing on the Due Date. The COT "lifts" the Loop from its
current termination and "lays" it on a new termination connecting to
CLEC. Upon completion of CenturyLink performance testing, the
CenturyLink ImplementorfTester wil contact CLEC, read the CenturyLink
test results, and begin CLEC cooperative testing. Within two (2) business
days, centuryLink wil email the CenturyLink test results to a single,
designated CLEC offce email address. CLEC and CenturyLink wil
perform a loop back acceptance test, accept the Loop and exchange
demarcation information.
9.2.2.9.5.2 For new End User Customer service, Basic
Installation With Cooperative Testing may require a dispatch to the End .
User Customer premises. The COT and Field Technician complete
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.
.
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circuit wiring and perform the required performance tests to ensure the
new circuit meets the required parameter limits.
9.2.2.9.5.3 If CenturyLink fails to perform cooperative testing
due to CenturyLink's fault, CenturyLink wil waive the nonrecurring charge
for the installation option. If CLEC still desires cooperative testing, the
Parties wil attempt to set a new Appointment Time on the same day and,
if unable to do so, CenturyLink wil issue a jeopardy notice and a FOC
with a new Due Date.
9.2.2.9.6 Performance Testing. CenturyLink performs the following
performance tests for various Loop types:
a) 2-Wire and 4-Wire Analog Loops
No Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = 0 to -8.5 dB at 1004 Hz
Automatic Number Identification (ANI) when dial-tone is present
b) 2-Wire and 4-Wire Non-Loaded Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = 0 to -8.5 dB at 1004 Hz
Automatic Number Identification (ANI) when dial-tone is present
c) Basic Rate ISDN and xDSL-I-Capable Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = ~ 40 dB at 40 kHz
Automatic Number Identification (ANI) when dial-tone is present
d) DS1-Capable Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
e) DS3-Capable Loops
Continuity Testing
9.2.2.9.7 Project Coordinated Installation: A Project Coordinated
Installation permits CLEC to obtain a coordinated installation for Unbundled
Loops with or without LNP, where CLEC orders Unbundled DS1-capable,
Unbundled DS3-capable or twenty-five (25) or more DSO Unbundled Loops.
9.2.2.9.7.1 The date and time for the Project Coordinated
Installation requires up-front planning and may need to be negotiated
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between CenturyLink and CLEC. All requests wil be processed on a first
come, first served basis and are subject to CenturyLink's ability to meet a .
reasonable demand. Considerations such as system down time, Switch
upgrades, Switch maintenance, and the possibility of other CLECs
requesting the same Frame Due Time (FDT) in the same Switch (Switch
contention) must be reviewed. In the event that any of these situations
would occur, CenturyLink will negotiate with CLEC for an agreed upon
FDT, prior to issuing the Firm Order Confirmation (FOC). In special
cases where CLEC is ordering Unbundled Loop with LNP, the FDT must
be agreed upon, the interval to reach agreement wil not exceed two (2)
days from receipt of an accurate LSR. In addition, standard intervals wil
apply.
9.2.2.9.7.2 CLEC shall request a Project Coordinated
Installation by submitting a Local Service Request (LSR) and designating
this order as a Project Coordinated Installation in the remarks section of
the LSR form.
9.2.2.9.7.3 CLEC wil incur additional charges for the Project
Coordinated Installation dependent upon the coordinated time. The rates
are based upon whether the request is within CenturyLink's standard
installation hours or out of hours. CenturyLink standard installation hours
for Unbundled Loops are 8:00 a.m. to 5:00 p.m. (local time), Monday
through Friday, excluding holidays. Where LNP is included, see Section
10.2.5.4 for rate elements.
9.2.2.9.7.4 CenturyLink wil schedule the appropriate number of .
employees prior to the cut, normally not to exceed four (4) employees,
based upon information provided by CLEC. If the Project Coordinated
Installation includes LNP, CLEC wil also have appropriate personnel
scheduled for the negotiated FDT. If CLEC's information is modified
during the installation, and, as a result, non-scheduled employees are
required, CLEC shall be charged a three (3) hour minimum callout charge
per each additional non-scheduled employee. If the installation is either
cancelled, or supplemented to change the Due Date, within twenty-four
(24) hours of the negotiated FDT, CLEC wil be charged a one (1) Person
three (3) hour minimum charge. For Project Coordinated Installations
with LNP, if the Coordinated Installation is cancelled due to a CenturyLink
error or a new Due Date is requested by CenturyLink, within twenty-four
(24) hours of the negotiated FDT, CenturyLink may be charged by CLEC
one (1) Person three (3) hour minimum charge.
9.2.2.9.7.5 If CLEC orders Project Coordinated Installation with
LNP and in the event the LNP conversion is not successful, CLEC and
CenturyLink agree to isolate and fix the problem in a timeframe
acceptable to CLEC or the End User Customer. If the problem cannot be
corrected within an acceptable timeframe to CLEC or the End User
Customer, CLEC may request the restoral of CenturyLink service for the
ported End User Customer. Such restoration shall begin immediately
upon request. If CLEC is in error then a supplemental order shall be
provided to CenturyLink. If CenturyLink is in error, no supplemental order .
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Unbundled Network Elements.or additional order wil be required of CLEC.
9.2.2.9.7.6 If CLEC orders Project Coordinated Installation with
LNP, CenturyLink shall ensure that any LNP order activity requested in
conjunction with a Project Coordinated Installation shall be implemented
in a manner that avoids interrupting service to the End User Customer.
9.2.2.10 CLEC may request CenturyLink to Commingle DS1 or DSO analog voice
grade unbundled Loops with DS3 or DS1 multiplexed facilities ordered by CLEC from
CenturyLink's special access or private line Tariffs. Terms and conditions for this
Commingled arrangement are provided in Section 9.25 of this Agreement.
9.2.2.11 In order to properly maintain and modernize the network, CenturyLink
may make necessary modifications and changes to Unbundled Loops, ancilary and
Finished Services in its network on an as needed basis. Such changes may result in '
minor changes to transmission parameters. Changes that affect network Interoperability
require advance notice pursuant to the Notices Section of this Agreement.
9.2.2.12 If there is a conflict between an End User Customer (or its respective
agent) and CLEC regarding the disconnection or Provisioning of Unbundled Loops,
CenturyLink wil advise the End User Customer to contact CLEC, and CenturyLink wil
initiate contact with CLEC.
.9.2.2.13 Facilities and lines CenturyLink furnishes on the premises of CLEC's End
User Customer up to and including the Loop Demarcation Point are the property of
CenturyLink. CenturyLink shall have reasonable access to all such facilties for network
management purposes. CenturyLink wil coordinate entry dates and times with
appropriate CLEC personnel to accommodate testing, inspection repair and
maintenance of such facilities and lines. CLEC wil not inhibit CenturyLink's employees
and agents from entering said premises to test, inspect, repair and maintain such
facilities and lines in connection with such purposes or, upon termination or cancellation
of the Unbundled Loop service, to remove such facilities and lines. Such entry is
restricted to testing, inspection, repair and maintenance of CenturyLink's property in that
facility. Entry for any other purpose is subject to audit provisions in the Audit section of
this Agreement.
9.2.2.14
9.2.2.15
Intentionally Left Blank.
Reuse of Loop Facilities
9.2.2.15.1 When an End User Customer contacts CenturyLink with a
request to convert their local service from CLEC to CenturyLink, CenturyLink wil
notify CLEC of the loss of the End User Customer, and wil disconnect the Loop
CenturyLink provided to CLEC. CenturyLink will disconnect the Loop only where
CenturyLink has obtained proper Proof of Authorization.
.
9.2.2.15.2 When CLEC contacts CenturyLink with a request to convert an
End User Customer from their Current Service Provider to CLEC, CLEC is
responsible for notifying the Current Service Provider of the conversion.
CenturyLink wil disconnect the Loop CenturyLink provided the Current Servce
Provider and, at CLEC's request, where technically compatible, wil reuse the
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Loop for the service requested by CLEC (e.g., resale service).
9.2.2.15.3 When CLEC contacts CenturyLink with a request to convert an
End User Customer from centuryLink to CLEC, at CLEC request, CenturyLink
wil reuse the existing Loop facilities for the service requested by CLEC to the
extent those facilities are technically compatible with the service to be provided.
Upon CLEC request, CenturyLink wil condition the existing Loop in accordance
with the rates set forth in Exhibit A.
.
9.2.2.15.4 Upon completion of the disconnection of the Loop, CenturyLink
wil send a Loss Notification report to the original competitive Carrier signifying
completion of the loss.
9.2.2.16 Lack of Facilties; Priority Right to Facilities. In the event CenturyLink
notifies CLEC that facilities ordered are not available from CenturyLink at the time of the
order, CenturyLink shall maintain the order as pending for a period of thirty (30) business
days. If facilities become available to fill the order within that thirty (30) business day
period, CenturyLink shall notify CLEC of such availability. CLEC and CenturyLink
acknowledge that the availability of facilities hereunder is on a first come, first served
basis. Any facility orders placed by any other provider, including CenturyLink, which
predate CLEC's order shall have priority for any facilties made available under the terms
of this section.
9.2.3 Rate Elements
The following recurring and nonrecurring rates for Unbundled Loops are set forth in Exhibit A. .
Recurring charges vary based on CLEC selected installation options, conditioning, and
extension technology. Exhibit A also provides Miscellaneous Charges.
9.2.3.1 2/4 Wire Analog Loop (Voice Grade) Recurring and Nonrecurring rates.
9.2.3.2 2/4 Wire Non-Loaded Loop Recurring and Nonrecurring rates.
9.2.3.3 DS1 and DS3-Capable Loop, Basic Rate (BRI) ISDN and xDSL-I-Capable
Loop Recurring and Nonrecurring rates.
9.2.3.3.1 DSO, DS1, and DS3-Capable Loop Conversion. Nonrecurring
rates associated with the conversion of special access or private lines to
Unbundled Loops.
9.2.3.4 Extension Technology Recurring and Nonrecurring rates for Digital
Capable Loops, including Basic Rate (BRI) ISDN and xDSL-1 Capable Loops.
9.2.3.5 Conditioning Nonrecurring rates for 2/4 wire non-loaded Loops, Basic
Rate (BRI) ISDN and xDSL-1 Capable Loop, as requested and approved by CLEC.
9.2.3.6 All miscellaneous services as described in Section 9.1.12 are available
with Unbundled Loops. Miscellaneous Charges apply for miscellaneous services.
9.2.3.7 Miscellaneous Charges for Out of Hours Coordinated Installations.
9.2.3.7.1 Intentionally Left Blank..
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9.2.3.7.3
9.2.3.7.4
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
9.2.3.7.5 For coordinated installations scheduled to commence Out of
Hours, or rescheduled by CLEC to commence Out of Hours, CLEC wil incur
additional labor - installation Miscellaneous Charges in addition to regular
nonrecurring charges for the installation.
9.2.3.8 Conversions of private line/special access circuits to Unbundled Loops.
9.2.4 Ordering Process
9.2.4.1 Unbundled Loops are ordered via an LSR. Ordering processes are
contained in the Operational Support Systems Section of this Agreement. Detailed
ordering processes are found on the CenturyLink wholesale web site.
9.2.4.2 Prior to placing orders on behalf of the End User Customer, CLEC shall
be responsible for obtaining and have in its possession a Proof of Authorization.
9.2.4.3 Based on the pre-order Loop make-up, CLEC can determine if the circuit
can meet the technical parameters for the specific service CLEC intends to offer..9.2.4.3.1 Before submitting an order for a 2/4 wire non-loaded Loop, ISDN
capable Loop or xDSL-1 capable Loop, CLEC should use one of CenturyLink's
Loop make-up tools available via IMA-EDI, IMA-GUI, or the web-based
application interface to obtain specific information about the Loop CLEC seeks to
order.
9.2.4.3.1.1 Based on the Loop make up information provided
through CenturyLink tools, CLEC must determine whether conditioning is
required to provide the xDSL service it intends to offer. If Loop
conditioning is required, CLEC may authorize CenturyLink to perform
such Loop conditioning on its LSR. If CLEC does not pre-approve Loop
conditioning, CenturyLink wil assume that CLEC has determined that
Loop conditioning is not necessary to provide the xDSL service CLEC
seeks to offer. If CLEC or CenturyLink determines that conditioning is
necessary, and CLEC authorizes CenturyLink to perform the conditioning,
CenturyLink wil perform the conditioning. CLEC wil be charged for the
conditioning in accordance with the rates in Exhibit A. If CenturyLink
determines that conditioning is necessary and CLEC has not previously
authorized CenturyLink to perform the conditioning on the LSR,
CenturyLink wil send CLEC a rejection notice indicating the need to
obtain approval for conditioning. CLEC must submit a revised LSR
before the conditioning work wil commence. Once CenturyLink receives
the revised LSR, the fifteen (15) business day conditioning interval will
begin as described in Section 9.2.4.9..9.2.4.3.1.2 For a 2/4 wire non-loaded Loop, ISDN-capable
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Loop, and xDSL-I-capable Loop, or DS1-capable Loop, CenturyLink wil
return a Firm Order Confirmation (FOC) to CLEC within seventy-two (72) .
hours from receipt of a valid and accurate LSR. Return of such FOC wil
indicate that CenturyLink has identified a Loop assignment. Such FOC
wil provide CLEC with a firm Due Date commitment or indication that
appropriate facilties are not available to fill CLEC's order.
9.2.4.3.1.2.1 If CLEC has pre-approved Loop
conditioning, and conditioning is not necessary, CenturyLink wil
return the FOC with the standard interval (Le., five (5) days).
9.2.4.3.1.2.2 If CLEC has not pre-approved Loop
conditioning and CenturyLink determines that the Loop contains
load coils, CenturyLink wil notify CLEC via a reject notification.
CLEC must submit a new version of the LSR approving Loop
conditioning. In this scenario, the Application Date will correspond
to the date the new version is received by CenturyLink.
9.2.4.3.1.2.3
9.2.4.3.1.2.4
Intentionally Left Blank.
Intentionally Left Blank.
9.2.4.4 Installation intervals for all Unbundled Loops are defined in Exhibit C.
The interval wil start when CenturyLink receives a complete and accurate LSR. The
LSR date is considered the start of the service interval if the order is received prior to
7:00 p.m. For service requests received after 7:00 p.m., the service interval wil begin on .
the next business day.
9.2.4.4.1 When CLEC places an order for an Unbundled Loop with
CenturyLink that is complete and accurate, CenturyLink wil reply to CLEC with a
Firm Order Confirmation within the time specified in Section 20. The Firm Order
Confirmation wil contain the Due Date that specifies the date on which
CenturyLink wil provision the Loop. CenturyLink wil implement adequate
processes and procedures to assure the accuracy of the commitment date. If
CenturyLink must make changes to the commitment date, CenturyLink wil
promptly issue a jeopardy notification to CLEC that wil. clearly state the reason
for the change in commitment date. CenturyLink wil also submit a new Firm
Order Confirmation that wil clearly identify the new Due Date.
9.2.4.5 Installation intervals for Unbundled Loops apply when CenturyLink has
facilties or network capacity available.
9.2.4.6 Upon CLEC request, centuryLink wil convert special access or private
line circuits to Unbundled Loops provided the service originates at CLEC's Collocation in
the Serving Wire Center. The Loop conversion ordering process applies.
9.2.4.7 Intentionally Left Blank.
9.2.4.8 When ordering Unbundled Loops, CLEC is responsible for obtaining or
providing facilities and equipment that are compatible with the service CLEC seeks toprovide. .
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the Loop.
9.2.4.9.1 When load coils and Bridged Taps do not exist, CLEC may
request the standard Due Date interval, which wil apply upon submission of a
complete and accurate LSR.
The installation interval for xDSL Loops depends on the need to condition
9.2.4.9.2 When load coils and/or Bridged Taps do exist, CLEC wil
request the minimum fifteen (15) business days Desired Due Date. CLEC can
determine the existence of load coils or Bridged Taps by using one of the Loop
make-up tools. CLEC may pre-approve line conditioning on the LSR and, by
doing so, CLEC agrees to pay any applicable conditioning charges. If CLEC did
not request the fifteen (15) day interval and CenturyLink determines that
conditioning is required, then the fifteen (15) business day interval starts when
the need for conditioning is identified and CLEC approves the conditioning
charges.
9.2.4.10 Out of Hours Coordinated Installations
9.2.4.10.1 For purposes of this Section, CenturyLink's standard installation
hours are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday, excluding
holidays. CLEC may request an out of hours Coordinated Installation outside of
CenturyLink's standard installation hours. Installations requested outside of
standard installation hours are considered to be out of hours Installations..9.2.4.10.2 Intentionally Left Blank.
9.2.4.10.3 To request out of hours Coordinated Installations, CLEC wil
submit an LSR designating the desired appointment time. CLEC must specify an
out of hours Coordinated Installation in the "remarks" section of the LSR.
9.2.4.10.4 The date and time for out of hours Coordinated Installations may
need to be negotiated between CenturyLink and CLEC because of system
downtime, Switch upgrades, Switch maintenance, and the possibility of other
CLECs requesting the same appointment times in the same Switch (Switch
contention ).
9.2.5 Maintenance and Repair
9.2.5.1 CLEC is responsible for its own End User Customer base and wil have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. CLEC wil perform trouble isolation on the Unbundled Loop and any
associated ancilary services prior to reporting trouble to CenturyLink. CLEC shall have
access for testing purposes at the NID or Loop Demarcation Point. CenturyLink wil
work cooperatively with CLEC to resolve trouble reports when the trouble condition has
been isolated and found to be within a portion of CenturyLink's network. CenturyLink
and CLEC wil report trouble isolation test results to the other. For Unbundled Loops,
each Party. shall be responsible for the costs of performing trouble isolation on its
facilities, subject to Sections 9.2.5.2 and 9.2.5.3..9.2.5.2 When CLEC requests that CenturyLink perform trouble isolation with
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CLEC, a Maintenance of Service charge applies if the trouble is found to be on CLEC's
side or on the End User Customer's side of the Loop Demarcation Point. If the trouble is .
on the End User Customer's side of the Loop Demarcation Point, CLEC is required to
perform its own maintenance.
9.2.5.3 Before submitting a repair request to CenturyLink, CLEC will isolate
trouble to the CenturyLink network and must submit test results indicating the location of
the trouble when submitting the repair request. If a trouble ticket with test results is
accepted by CenturyLink, and CenturyLink determines that the'trouble is on CLEC's or
the End User Customer's side of the Loop Demarcation Point, a Maintenance of Service
charge applies. If CLEC elects not to perform trouble isolation and CenturyLink
performs tests on the Unbundled Loop at CLEC's request, a Maintenance of Service
charge applies. Maintenance and Repair processes are set forth in Section 12.3 of this
Agreement.
9.2.5.4 CenturyLink wil maintain detailed records of trouble reports of CLEC-
ordered Unbundled Loops, comparing CLEC provided data with internal data, and
evaluate such reports on at a minimum of a quarterly basis to determine the cause of
Loop problems. CenturyLink will conduct a quarterly root cause analysis of problems
associated with Loops provided to CLEC by CenturyLink. Based on this analysis,
CenturyLink wil take corrective measure to fix persistent and recurrent problems,
reporting to CLEC on the analysis and the process changes that are instituted
implemented to fix the problems.
9.2.5.5 CenturyLink shall allow access to the NID for testing purposes where
access at the Demarcation Point is not adequate to allow testing sufficient to isolate .
troubles; in the event that CenturyLink chooses not to allow such access, it shall waive
any trouble isolation charges that may otherwise be applicable.
9.2.6 Spectrum Management
9.2.6.1 CenturyLink wil provide 2/4 Wire non-loaded Loops, ISDN-capable
Loops, xDSL-I-capable Loops, DS1-capable Loops, and DS3-capable Loops (collectively
referred to in this Section 9.2.6 as "xDSL Loops") in a non-discriminatory manner to
permit CLEC to provide Advanced Services to its End User Customers. Such Loops are
defined herein and are in compliance with FCC requirements and guidelines
recommended by the Network Reliability and Interoperability Council (NRIC) to the FCC,
such as guidelines set forth in T1-417.
9.2.6.2 When ordering xDSL Loops, CLEC wil provide CenturyLink with
appropriate information using NC/NCI codes to describe the Power Spectral Density
Mask (PSD) for the type of technology CLEC will deploy. CLEC also agrees to notify
CenturyLink of any change in Advanced Servces technology that results in a change in
spectrum management class on the xDSL Loop. CenturyLink agrees CLEC need not
provide the speed or power at which the newly deployed or changed technology wil
operate if the technology fis within a generic PSD mask.
9.2.6.2.1 CLEC information provided to CenturyLink pursuant to Section
9.2.6.2 shall be deemed Confidential Information and CenturyLink may not
distribute, disclose or reveal, in any form, this material other than as allowed anddescribed in subsections of 9.2.6.2. .
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Unbundled Network Elements.9.2.6.2.2 The Parties may disclose, on a need to know basis only, CLEC
Confidential Information provided pursuant to Section 9.2.6.2, to legal personnel,
if a legal issue arises, as well as to network and growth planning personnel
responsible for spectrum management functions. In no case shall the
aforementioned personnel who have access to such Confidential Information be
involved in CenturyLink's retail marketing, sales or strategic planning.
.
9.2.6.3 If CLEC wishes to deploy new technology not yet designated with a PSD
mask, CenturyLink and CLEC agree to work cooperatively to determine Spectrum
Compatibility. CenturyLink and CLEC agree, as defined by the FCC, that technology is
presumed acceptable for deployment when it complies with existing industry standards,
is approved by a standards body or by the FCC or Commission, of if technology has
been deployed elsewhere without a "significant degradation of service".
9.2.6.4 CenturyLink recognizes that the analog T1 service traditionally used
within its network is a "known Disturber" as designated by the FCC. CenturyLink wil
place such T1 s, by whomever employed, within binder groups in a manner that
minimizes interference. Where such placement is insufficient to eliminate interference
that disrupts other services being provided, CenturyLink shall, whenever it is Technically
Feasible, replace its T1 s with a technology that wil eliminate undue interference
problems. CenturyLink also agrees that any future "known Disturber" defined by the
FCC or the Commission wil be managed as required by FCC rules.
9.2.6.5 If either CenturyLink or CLEC claims a service is significantly degrading
the performance of other Advanced Services or traditional voice band services, then that
Party must notify the causing Carrier and allow the causing Carrier a reasonable
opportunity to correct the problem. Upon notification, the causing Carrier shall promptly
take action to bring its facilities/technology into compliance with industry standards.
Upon request, within forty-eight (48) hours, CenturyLink wil provide CLEC with binder
group information including cable, pair, Carrier and PSD class to allow CLEC to notify
the causing Carrier.
9.2.6.6 If CLEC is unable to isolate trouble to a specific pair within the binder
group, CenturyLink, upon receipt of a trouble resolution request, wil perform a main
frame pair by pair analysis and provide results to CLEC within five (5) business days.
9.2.6.7 Intentionally Left Blank.
9.2.6.8 CenturyLink wil not have the authority to unilaterally resolve any dispute
over spectral interference among Carriers. CenturyLink shall not disconnect Carrier
services to resolve a spectral interference dispute, except when voluntarily undertaken
by the interfering Carrier or CenturyLink is ordered to do so by the Commission or other
authorized dispute resolution body. CLEC may submit any claims for resolution under
Section 5.18 of this Agreement.
.
9.2.6.9 Where CLEC demonstrates to CenturyLink that it has deployed Central
Office based DSL services serving a reasonably defined area, it shall be entitled to
require CenturyLink to take appropriate measures to mitigate the demonstrable adverse
effects on such service that arise from CenturyLink's use of repeaters or remotely
deployed DSL service in that area. It shall be presumed that the costs of such mitigation
wil not be chargeable to any CLEC or to any other Customer; however, CenturyLink
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shall have the right to rebut this presumption, which it may do by demonstrating to the
Commission by a preponderance of the evidence that the incremental costs of mitigation .
would be suffcient to cause a substantial effect upon other Customers (including but not
limited to CLECs securing UNEs) if charged to them. Upon such a showing, the
Commission may determine how to apportion responsibility for those costs, including,
but not limited to CLECs taking services under this Agreement.
9.2.7 Private line/special access circuits may be converted to Unbundled Loops
subject to the terms and conditions of this Agreement, including the following criteria: 1) must
be like-for-like facilities, e.g., DS1 private line to DS1 capable Unbundled Loop; 2) must
originate at CLEC's Collocation site in the serving Central Office; and 3) must terminate at an
End User Customer's premises. The provisioning intervals for converting from private
line/special access to Unbundled Loop are located in the Service Interval Guide (SIG).
Additional information can be found in the Product Catalog for Unbundled Loop.
9.3 Subloop Unbundling
9.3.1 Description
9.3.1.1 An Unbundled Subloop is defined as the distribution portion of a copper
Loop or hybrid Loop comprised entirely of copper wire or copper cable that acts as a
transmission facility between any point that it is Technically Feasible to access at
terminals in CenturyLink's outside plant (originating outside of the Central Offce),
including inside wire owned or controlled by CenturyLink, and terminates at the End
User Customets premises. An accssible terminal is any point on the Loop where
technicians can access the wire within the cable without removing a splice case to reach .
the wire within. Such points may include, but are not limited to, the pole, pedestal,
Network Interface Device, minimum point of entry, single point of Interconnection,
Remote Terminal, Feeder Distribution Interface (FDI), or Serving Area Interface (SAl).
CLEC shall not have access on an unbundled basis to a feeder Subloop defined as
facilities extending from the Central Offce to a terminal that is not at the End User
Customets premises or multiple tenant environment (MTE). CLEC shall have access to
the feeder facilities only to the extent it is part of a complete transmission path, not a
Subloop, between the Central Ofice and the End User Customer's premises or MTE.
This section does not address Unbundled Dark Fiber MTE Subloop which is addressed
in Section 9.7.
9.3.1.1.1 Building terminals within or physically attached to a privately
owned building in a Multiple Tenant Environment (MTE) are one form of
accessible terminaL. Throughout Section 9.3 the Parties obligations around such
"MTE Terminals" are segregated because Subloop terms and conditions differ
between MTE environments and non-MTE environments.
9.3.1.1.2 For any configuration not specifically addressed in this
Agreement, the conditions of CLEC access shall be as required by the particular
circumstances. These conditions include: (1) the degree of equipment
separation required, (2) the need for separate cross connect devices, (3) the
interval applicable to any Collocation or other provisioning requiring CenturyLink
performance or cooperation, (4) the security required to maintain the safety and
reliabilty of the facilities of CenturyLink and other CLECs, (5) the engineering .'i and operations standards and practices to be applied at CenturyLink facilities
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Unbundled Network Elements.where they are also used by CLECs for Subloop element access, and (6) any
other requirements, standards, or practices necessary to assure the safe and
reliable operation of all Carriers' facilities.
.
9.3.1.2
a)
b)
c)
d)
9.3.1.3
.
9.3.1.1.3 Any Party may request, under any procedure provided for by
this Agreement for addressing non-standard services or network conditions, the
development of standard terms and conditions for any configuration(s) for which
it can provide reasonably clear technical and operational characteristics and
parameters. Once developed through such a process, those terms and
conditions shall be generally available to any CLEC for any configuration fitting
the requirements established through such process.
9.3.1.1.4 Prior to the development of such standard terms and conditions,
CenturyLink shall impose in the six (6) areas identified in Section 9.3.1.1.2
above, only those requirements or intervals that are reasonably necessary, and
shall make its determinations within ten (10) business days and shall apprise
CLEC of the conditions for access. If there is a dispute regarding the conditions
for access, CenturyLink shall attempt to accommodate access pending resolution
of the specific issues in dispute.
9.3.1.1.4.1 MTE Terminals: Accessible terminals within a
building in a MTE environment or accessible terminals physically attached
to a building in a MTE environment. CenturyLink Premises located on
real property that constitutes a campus environment, yet are not within or
physically attached to a non-CenturyLink owned building, are not
considered MTE Terminals.
9.3.1.1.4.2 Detached Terminals: All accessible terminals other
than MTE Terminals.
9.3.1.1.5 Intentionally Left Blank.
Standard Subloops available.
Two-Wire/Four Wire Unbundled Distribution Loop
Intentionally Left Blank
Two-Wire/Four Wire Non-loaded Distribution Loop
Intrabuilding Cable Loop
Standard Subloop Access
9.3.1.3.1 Accessing Subloops in Detached Terminals: Subloop
unbundling is available after a CLEC-requested Field Connection Point (FCP)
has been installed within or adjacent to the CenturyLink accessible terminaL. The
FCP is a Demarcation Point connected to a terminal block from which Cross
Connections are run to CenturyLink Subloop elements.
9.3.1.3.2 Accessing Subloops in MTE Terminals: Subloop unbundling is
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available after CLEC has notified CenturyLink of its intention to Subloop
unbundle in the MTE, during or after an inventory of CLEC's terminations has .'
been created, and CLEC has constructed a cross connect field at the building
terminaL.
9.3.1.4 Field Connection Point
9.3.1.4.1 Field Connection Point (FCP) is a Demarcation Point that allows
CLEC to interconnect with CenturyLink outside of the Central Offce location
where it is Technically Feasible. The FCP interconnects CLEC facilties to a
terminal block within the accessible terminaL. The terminal block allows a
technician to access and combine Unbundled Subloop elements. When a FCP is
required, it must be in place before Subloop orders are processed.
9.3.1.4.2 Placement of a FCP within a CenturyLink Premises for the sole
purpose of creating a cross connect field to support Subloop unbundling
constitutes a "Cross Connect Collocation."
9.3.1.4.2.1 The terms, conditions, intervals and rates for Cross
Connect Collocation are found within Section 9.3.
9.3.1.4.2.2 To the extent that CLEC places equipment in a
CenturyLink Premises that requires power and or heat dissipation, such
Collocation is governed by the terms of Section 8 and does not constitute
a Cross Connect Collocation.
9.3.1.4.3 A FCP arrangement can be established either within a .
CenturyLink accessible terminal, or, if space within the accessible terminal is
legitimately exhausted and when Technically Feasible, CLEC may place the FCP
in an adjacent terminaL. CLEC wil have access to the equipment placed within
the Collocation for maintenance purposes. However, CLEC wil not have access
to the FCP Interconnection point.
9.3.1.5 MTE Point of Interconnection (MTE-POI)
9.3.1.5.1 A MTE-POI is necessary when CLEC is obtaining access to the
Distribution Loop or Intrabuilding Cable Loop from an MTE TerminaL. CLEC must
create the cross connect field at the building terminal that wil allow CLEC to
connect its facilities to CenturyLink's Subloops. The Demarcation Point between
CLEC and CenturyLink's facilities is the MTE-POI.
9.3.1.6 Once a state has determined that it is Technically Feasible to unbundle
Subloops at a designated accessible terminal, centuryLink shall either agree to
unbundle at such access point or shall have the burden to demonstrate, pursuant to the
Dispute Resolution provisions of this Agreement, that it is not Technically Feasible, or
that sufficient space is not available to unbundle Subloop elements at such accessible
terminaL.
9.3.1.7 Intentionally Left Blank..
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Unbundled Network Elements.9.3.2 Standard Subloops Available
9.3.2.1 Distribution Loops
9.3.2.1.1 Two-Wire/Four-Wire Unbundled Distribution Loop: a
CenturyLink-provided facility from the CenturyLink accessible terminal to the
Demarcation Point or Network Interface Device (NID) at the End User Customer
location. The Two-Wire/Four-Wire Unbundled Distribution Loop is suitable for
local exchange-type services. CLEC can obtain access to this Unbundled
Network Element at any Technically Feasible accessible terminaL.
9.3.2.1.2 Two-Wire/Four-Wire Non-Loaded Distribution Loop: a
CenturyLink-provided facility without load coils and excess Bridged Taps from the
CenturyLink accessible terminal to the Demarcation Point or Network Interface
Device (NID) at the End User Customer location. When CLEC requests a Non-
Loaded Unbundled Distribution Loop and there are none available, CenturyLink
will contact CLEC to determine if CLEC wishes to have CenturyLink unload a
Loop. If the response is affirmative, CenturyLink wil dispatch a technician to
"condition" the Distribution Loop by removing load coils and excess Bridged Taps
(Le., "unload" the Loop). CLEC may be charged the cable unloading and
Bridged Taps removal nonrecurring charge in addition to the Unbundled Loop
installation nonrecurring charge. If a CenturyLink technician is dispatched and
no load coils or Bridged Taps are removed, the nonrecurring conditioning charge
will not apply. CLEC can obtain access to this Unbundled Network Element at
any Technically Feasible accessible terminaL..9.3.2.1.3 Intrabuilding Cable Loop: a CenturyLink-provided facility from
the building terminal inside a MTE to the Demarcation Point at the End User
Customer premises inside the same building. This Subloop element only applies
when CenturyLink owns the intrabuilding cable.
9.3.2.1.4 To the extent CLEC accesses a Subloop in a campus
environment from an accessible terminal that serves multiple buildings, CLEC
can access the Subloop by ordering a Distribution Loop pursuant to either
Section 9.3.2.1.1 or 9.3.2.1.2. A campus environment is one piece of propert,
owned by one (1) Person or entity, on which there are multiple buildings.
9.3.2.2 Intentionally Left Blank.
9.3.2.2.1 Intentionally Left Blank.
.
9.3.3 MTE Terminal Subloop Access: Terms and Conditions
9.3.3.1 Access to Distribution Loops or Intrabuilding Cable Loops at an MTE
Terminal within a non-CenturyLink owned MTE is done through an MTE-POI.
Collocation is not required to access Subloops used to access the network infrastructure
within an MTE, unless CLEC requires the placement of equipment in a CenturyLink
Premises. Cross. Connect Collocation, as defined in Section 9.3, refers to creation of a
cross connect field and does not constitute Collocation as defined in Section 8. The
terms and conditions of Section 8 do not apply to Cross Connect Collocation if required
at or near an MTE.
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Unbundled Network Elements
9.3.3.2 To obtain such access, CLEC shall complete the "MTE-Access OrdenngProcess" set forth in Section 9.3.5.4. .
9.3.3.3 The optimum point and method to access Subloop elements wil be
determined during the MTE Access Ordering Process. The Parties recognize a mutual
obligation to interconnect in a manner that maintains network integrity, reliabilty, and
security. CLEC may access the MTE Terminal as a test access point.
9.3.3.4 CLEC will work with the MTE building owner to determine where to
terminate its facilities within the MTE. CLEC wil be responsible for all work associated
with bringing its facilities into and terminating the facilities in the MTE. CLEC shall seek
to work with the building owner to create space for such terminations without requiring
CenturyLink to rearrange its facilities.
9.3.3.5 If there is space in the building for CLEC to enter the building and
terminate its facilities without CenturyLink having to rearrange its facilities, CLEC must
seek to use such space. In such circumstances, an inventory of CLEC's terminations
within the MTE shall be input into CenturyLink's systems to support Subloop orders
before Subloop orders are provisioned or in conjunction with the first Subloop order in
the MTE. If CLEC requires immediate access to the Subloop, then CLEC may access
the Subloop element prior to the completion of the inventory per Section 9.3.5.4.7.
CenturyLink shall have five (5) Days from receipt of a written request from CLEC, in
addition to the interval set forth in Section 9.3.5.4.1, to input the inventory of CLEC's
terminations into its systems. CenturyLink may seek an extended interval if the work
cannot reasonably be completed within the stated intervaL. In such cases, CenturyLink
shall provide written notification to CLEC of the extended interval CenturyLink believes is .
necessary to complete the work. CLEC may dispute the need for, and the duration of,~d
an extended interval, in which case CenturyLink must request a waiver from the
Commission to obtain the extended intervaL. If CLEC submits a Subloop order before
CenturyLink inputs the inventory into its systems, CenturyLink shall process the order in
accordance with Section 9.3.5.4.1.
9.3.3.6 If CLEC connects CenturyLink's Subloop element to CLEC's facilities
using any temporary wiring or cut-over devices, CLEC shall remove any remaining
temporary wiring or cut-over devices and install permanent wiring within ninety (90)
Days. All wiring arrangements, temporary and permanent, must adhere to the National
Electric Code.
9.3.3.7 If there is no space for CLEC to place its building terminal or no
accessible terminal from which CLEC can access such Subloop elements, and
CenturyLink and CLEC are unable to negotiate a reconfigured Single Point of
Interconnection (SPOI) to serve the MTE, CenturyLink wil either rearrange facilties to
make room for CLEC or construct a single point of access that is fully accessible to and
suitable for CLEC. CenturyLink's obligation to construct a SPOI is limited to those MTEs
where CenturyLink has distribution facilities to that MTE and owns, controls, or leases
the inside wire at the MTE. In addition, CenturyLink shall have an obligation only when
CLEC indicates that it intends to place an order for access to an unbundled Subloop
Network Element via a SPOI. In such instances, CLEC shall pay the applicable charge,
identified in Exhibit A, which shall be ICB, based on the scope of the work required.
9.3.3.7.1 If CenturyLink must rearrange its MTE Terminal to make space .
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Unbundled Network Elements.for CLEC, CenturyLink shall have forty-five (45) Days from receipt of a written
request from CLEC to complete the rearrangement. CenturyLink may seek an
extended interval if the work cannot reasonably be completed within forty-five
(45) Days. In such cases, CenturyLink shall provide written notification to CLEC
of the extended interval CenturyLink believes is necessary to complete the work.
CLEC may dispute the need for, and the duration of, an extended interval, in
which case CenturyLink must request a waiver from the Commission to obtain an
extended intervaL.
9.3.3.7.2 If CenturyLink must construct a new detached terminal that is
fully accessible to and suitable for CLEC, the interval for completion shall be
negotiated between the Parties on an Individual Case Basis.
9.3.3.7.3 CLEC may cancel a request to construct an FCP or SPOI prior
to CenturyLink completing the work by submitting a written notification via
certified mail to its CenturyLink account manager. CLEC shall be responsible for
payment of all costs previously incurred by CenturyLink as well as any costs
necessary to restore the propert to its original condition.
.
9.3.3.8 At no time shall either Party rearrange the other Party's facilities within the
MTE or otherwise tamper with or damage the other Party's facilities within the MTE.
This does not preclude normal rearrangement of wiring or jumpers necessary to connect
inside wire or intrabuilding cable to CLEC facilities in the manner described in the MTE
Access Protocol. If such damage accidentally occurs, the Party responsible for the
damage shall immediately notify the other and shall be financially responsible for
restoring the facilities and/or service to its original condition. Any intentional damage
may be reported to the proper authorities and may be prosecuted to the full extent of the
law.
9.3.4 Detached Terminal Subloop Access: Terms and Conditions
9.3.4.1 Except as to access at an MTE Terminal, access to unbundled Subloop
elements at an accessible terminal must be made through a Field Connection Point
(FCP) in conjunction with either a Cross Connect Collocation or, if power and/or heat
dissipation is required, a Remote Collocation.
9.3.4.2 To the extent that the accessible terminal does not have adequate
capacity to house the network interface associated with the FCP, CLEC may opt to use
Adjacent Collocation to the extent it is Technically Feasible. Such adjacent access shall
comport with NEBS Level 1 safety standards.
9.3.4.3 Field Connection Point
.
9.3.4.3.1 CenturyLink is not required to build additional space for CLEC to
access Subloop elements. When Technically Feasible, CenturyLink shall allow
CLEC to construct its own structure adjacent to CenturyLink's accessible
terminaL. CLEC shall obtain any necessary authorizations or rights of way
required (which may include obtaining access to CenturyLink rights of way,
pursuant to Section 10.8 of this Agreement) and shall coordinate its facility
placement with CenturyLink, when placing its facilities adjacent to CenturyLink
facilities. Obstacles that CLEC may encounter from cities, counties, electric
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power companies, propert owners and similar third parties, when it seeks to ."
interconnect its equipment at Subloop access points, wil be the responsibility of
CLEC to resolve with the municipality, utility, property owner or other third party.
9.3.4.3.2 The optimum point and method to access Subloop elements wil
be determined during the Field Connection Point process. The Parties recognize
a mutual obligation to interconnect in a manner that maintains network integrity,
reliability, and security.
9.3.4.3.3 CLEC must identify the size and type of cable that wil be
terminated in the CenturyLink FCP location. CenturyLink wil terminate the cable
in the CenturyLink accessible terminal if termination capacity is available. If
termination capacity is not available, CenturyLink wil expand the FDI at the
request of CLEC if Technically Feasible, all reconfiguration costs to be borne by
CLEC. In this situation only, CenturyLink shall seek to obtain any necessary
authorizations or rights of way required to expand the terminaL. It wil be the
responsibility of CenturyLink to seek to resolve obstacles that CenturyLink may
encounter from cities, counties, electric power companies, property owners and
similar third parties. The time it takes for CenturyLink to obtain such
authorizations or rights of way shall be excluded from the time CenturyLink is
expected to provision the Collocation. CLEC wil be responsible for placing the
cable from the CenturyLink FCP to its equipment. CenturyLink wil perform all of
the initial splicing at the FCP.
9.3.4.3.4 CLEC may cancel a Collocation associated with a FCP request
prior to CenturyLink completing the work by submitting a written notification via e.
certified mail to its CenturyLink account manager. CLEC shall be responsible for
payment of all costs previously incurred by CenturyLink.
9.3.4.3.5 If the Parties are unable to reach an agreement on the design of
the FCP through the Field Connection Point Process, the Parties may utilize the
Dispute Resolution process pursuant to the Dispute Resolution Section ,of this
Agreement. Alternatively, CLEC may seek arbitration under Section 252 of the
\ Act with the Commission, wherein CenturyLink shall have the burden to
demonstrate that there is insuffcient space in the accessible terminal to
accommodate the FCP, or that the requested Interconnection is not Technically
Feasible.
9.3.4.4 At no time shall either Party rearrange the other Party's facilities within the
accessible terminal or otherwise tamper with or damage the other Party's facilities. If
such damage accidentally occurs, the Party responsible for the damage shall
immediately notify the other and shall be financially responsible for restoring the facilities
and/or service to its original condition. Any intentional damage may be reported to the
proper authorities and may be prosecuted to the full extent of the law.
9.3.5 Ordering/Provisioning
9.3.5.1 All Subloop Types
9.3.5.1.1 CLEC may order Subloop elements through the Operational
Support Systems described in Section 12. .
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.
.
.
9.3.5.2
9.3.5.3
Section 9
Unbundled Network Elements
9.3.5.1.2 CLEC shall identify Subloop elements by NC/NCI codes. This
information shall be kept confidential and used solely for spectrum management
purposes.
Additional Terms for Detached Terminal Subloop Access
9.3.5.2.1 CLEC may only submit orders for Subloop elements after the
FCP is in place. The FCP shall be ordered pursuant to Section 9.3.5.5. CLEC
wil populate the LSR with the termination information provided at the completion
of the FCP process.
9.3.5.2.2 CenturyLink shall dispatch a technician to run a jumper between
its Subloop elements and CLEC's Subloop elements. CLEC shall not at any time
disconnect CenturyLink facilities or attempt to run a jumper between its Subloop
elements and CenturyLink's Subloop elements without specific written
authorization from CenturyLink.
9.3.5.2.3 Once the FCP is in place, the Subloop Provisioning intervals
contained in Exhibit C shall apply.
Intentionally Left Blank.
9.3.5.4 Additional Terms for MTE Terminal Subloop Access - MTE-Access
Ordering Process
9.3.5.4.1 CLEC shall notify its account manager at CenturyLink in writing,
including via email, of its intention to provide access to End User Customers that
reside within a MTE. Upon receipt of such request, CenturyLink shall have up to
ten (10) Days to notify CLEC and the MTE owner whether CenturyLink believes it
or the MTE owner owns the intrabuilding cable. In the event that there has been
a previous determination of on-premises wiring ownership at the same MTE,
CenturyLink shall provide such notification within two (2) business days. In the
event that CLEC provides CenturyLink with a written claim by an authorized
representative of the MTE owner that such owner owns the facilities on the End
User Customer side of the terminal, the preceding ten (10) Day period shall be
reduced to five (5) Days from CenturyLink's receipt of such claim.
9.3.5.4.2 If the MTE owner owns the facilities on the Customer side of the
terminal, CLEC may obtain access to all facilties in the building in accordance
with Section 9.5 concerning access to unbundled NIDs.
9.3.5.4.3 If CenturyLink owns the facilties on the Customer side of the
terminal and if CLEC requests space to enter the building and terminate its
facilities and CenturyLink must rearrange facilties or construct new facilities to
accommodate such access, CLEC shall notify CenturyLink. Upon receipt of such
notification, the intervals set forth in Section 9.3.3 shall begin.
9.3.5.4.4 CLEC. may only submit orders for Subloop elements after the
facilities are rearranged and/or a new facility constructed, if either are necessary.
CLEC wil populate the LSR with the termination information provided by CLEC
at the completion of the inventory process except when submitting LSRs during
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the creation of the inventory.
9.3.5.4.5 If CLEC orders Intrabuilding Cable Loop, CLEC shall dispatch a
technician to run a jumper between its Subloop elements and CenturyLink's
Subloop elements to make a connection at the MTE-POI in accordance with the
MTE Access Protocol. If CLEC ordered a Subloop type other than Intrabuilding
Cable Loop, CenturyLink wil dispatch a technician to run a jumper between
CLECs Subloop elements and CenturyLink's Subloop elements to make a
connection at the MTE-POI. CLEC, at its option, may request that CenturyLink
run the jumper for intrabuilding cable in MTEs when the inventory is done and a
complete LSR has been submitted.
9.3.5.4.5.1 When CLEC accesses a MTE Terminal, it shall
employ generally accepted best engineering practices in accordance with
industry standards. CLEC shall clearly label the cross connect wires it
uses. CLEC wiring will be neatly dressed. When CLEC accesses
Subloops in MTE Terminals, it shall adhere to CenturyLink's Standard
MTE Access Protocol unless the Parties have negotiated a separate
document for such Subloop access. If CLEC requests a MTE Access
Protocol that is different from CenturyLink's Standard MTE Access
Protocol, CenturyLink shall negotiate with CLEC promptly and in good
faith toward that end.
9.3.5.4.6 Once inventory is complete and, if necessary, the facilities are
rearranged and or a new facility constructed and when CenturyLink runs the
jumper, the Subloop Provisioning intervals contained in Exhibit C shall apply.
9.3.5.4.7 For access to CenturyLink's on-premises MTE wire as a
Subloop element, CLEC shall be required to submit an LSR, but need not include
thereon the circuit-identifying information or await completion of LSR processing
by CenturyLink before securing such access. CenturyLink shall secure the
circuit-identifying information, and wil be responsible for entering it on the LSR
when it is received. CenturyLink shall be entitled to charge for the Subloop
element as of the time of LSR submission by CLEC.
9.3.5.5 FCP Ordering Process
9.3.5.5.1 CLEC shall submit a Field Connection Point Request Form to
CenturyLink along with its Collocation Application. The FCP Request Form shall
be completed in its entirety.
9.3.5.5.2 After construction of the FCP and Collocation are complete,
CLEC wil be notified of its termination location, which will be used for ordering
Subloops.
9.3.5.5.2.1 The following constitute the intervals for provisioning
Collocation associated with a FCP, which intervals shall begin upon
completion of the FCP Request Form and its associated Collocation
Application in their entirety:
9.3.5.5.2.1.1 Any Remote Collocation associated with a
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.
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Section 9
Unbundled Network Elements.FCP in which CLEC wil install equipment requiring power and/or
heat dissipation shall be in accordance with the intervals set forth
in Section 8.4.
9.3.5.5.2.1.2 A Cross Connect Collocation in a detached
terminal shall be provisioned within ninety (90) Days from receipt
of a written request by CLEC.
9.3.5.5.2.1.3 If CenturyLink denies a request for Cross
Connect Collocation in a CenturyLink Premises due to space
limitations, CenturyLink shall allow CLEC representatives to
inspect the entire Premises escorted by CenturyLink personnel
within ten (10) Days of CLECs receipt of the denial of space, or a
mutually agreed upon date. CenturyLink wil review the detailed
space plans (to the extent space plans exist) for the Premises with
CLEC during the inspection, including CenturyLink reserved or
optioned space. Such tour shall be without charge to CLEC. If,
after the inspection of the Premises, CenturyLink and CLEC
disagree about whether space limitations at the Premises make
Collocation impractical, CenturyLink and CLEC may present their
arguments to the Commission. In addition, if after the fact it is
determined that CenturyLink has incorrectly identified the space
limitations, CenturyLink wil honor the original Cross Connect
Collocation Application date for determining RFS unless both
Parties agree to a revised date..9.3.5.5.2.1.4 Payment for the remaining nonrecurring
charges shall be upon the RFS date. Upon completion of the
construction activities and payment of the remaining nonrecurring
charge, CenturyLink will schedule with CLEC an inspection of the
FCP with CLEC if requested. Upon completion of the Acceptance
inspection, CLEC wil be provided the assignments and necessary
ordering information. With prior arrangements, CLEC can request
testing of the FCP at the time of the Acceptance inspection. If
CenturyLink, despite its best efforts, including notification through
the contact number on the Cross Connect Collocation Application,
is unable to schedule the Acceptance inspection with CLEC within
twenty-one (21) Days of the RFS, CenturyLink shall activate the
applicable charges.
9.3.5.5.2.1.5 CenturyLink may seek extended intervals if
the work cannot reasonably be completed within the set intervaL.
In such cases, CenturyLink shall provide written notification to
CLEC of the extended interval CenturyLink believes is necessary
to complete the work. CLEC may dispute the need for and the
duration of, an extended interval, in which case CenturyLink must
request a waiver from the Commission to obtain an extended
intervaL..
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9.3.6 Rate Elements
Exhibit A provides recurring and nonrecurring rates for Subloop and also provides
Miscellaneous Charges.
.
9.3.6.1 All Subloop Types
9.3.6.1.1 Recurring Charges - CLEC wil be charged monthly recurring
charges for each Subloop.
9.3.6.1.2 Nonrecurring Charges - One-time charges apply for specific
work activities associated with installation of each Subloop.
9.3.6.2 Intentionally Left Blank.
9.3.6.3 Additional Rate Elements for Detached Terminal Subloop Access
9.3.6.3.1 Cross Connect Collocation Charge: CLEC shall pay the full
nonrecurring charge for creation of a Cross Connect Collocation upon
submission of the Collocation Application. The FCP Request Form shall not be
considered complete until complete payment is submitted to CenturyLink, as
described in Section 8.1.1.8.1.
9.3.6.3.2 Any Remote Collocation associated with a FCP in which CLEC
wil install equipment requiring power and/or heat dissipation shall be charged for
in accordance with the rate elements set forth in Section 8.
9.3.6.3.3 Subloop Nonrecurring Jumper Charge: CLEC will be charged a
nonrecurring basic installation charge for CenturyLink running jumpers within the
accessible terminal for each Subloop ordered by CLEC.
.
9.3.6.4 Additional Rate Elements for MTE Terminal Subloop Access
9.3.6.4.1 CLEC will be charged the Subloop MTE - POI Site Inventory
nonrecurrng charge for CenturyLink to complete an inventory of CLEC's facilities
within the MTE such that Subloop orders can be submitted and processed.
9.3.6.4.2 CLEC wil be charged the MTE - POi Rearrangement of
Facilities nonrecurring charge for CenturyLink to complete a rearrangement of
facilities to make room for an MTE for CLEC.
9.3.6.4.3 CLEC wil be charged the MTE - POI Construction of New SPOI
nonrecurring charge for CenturyLink to construct a new MTE SPOI for CLEC.
9.3.6.5 Nonrecurring charges apply for conditioning for Distribution Subloop.
9.3.6.6 All miscellaneous servces as described in Section 9.1.12 are available
with Subloop.. Miscellaneous Charges apply for miscellaneous services.
9.3.7 Repair and Maintenance
9.3.7.1 Detached Terminal Subloop Access: CenturyLink wil maintain all of its .
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.-. ~i
facilities and equipment in the accessible terminal and CLEC wil maintain all of its
facilities and equipment in the accessible terminaL.
9.3.7.2 MTE Terminal Subloop Access: CenturyLink wil maintain all of its
facilities and equipment in the MTE and CLEC wil maintain all of its facilities and
equipment in the MTE.
9.4 Intentionally Left Blank
9.5 Network Intenace Device (NID)
9.5.1 Description
.
The CenturyLink NID is defined as any means of Interconnection of on-premises wiring and
CenturyLink's distribution plant, such as a cross connect device used for that purpose.
Specifically, the NID is a single line termination device or that portion of a multiple line
termination device required to terminate a single line or circuit at a premises. If CLEC seeks to
access a NID as well as a Subloop connected to that NID, it may do so only pursuant to Section
9.3. If CLEC seeks to access only a NID (Le., CLEC does not wish to access a Subloop
connected to that NID), it may only do so pursuant to this Section 9,5. CenturyLink shall permit
CLEC to connect its own Loop facilities to on-premises wiring through CenturyLink's NID, or at
any other Technically Feasible point. The NID carries with it all features, functions and
capabilties of the facilities used to connect the Loop distribution plant to the End User
Customer's premises wiring, including access to the Cross Connection field, regardless of the
particular design of the NID mechanism. Although the NID provides the connection to the End
User Customer's premises wiring, it may not represent the Demarcation Point where
CenturyLink ownership or control of the intra-premises wiring ends. The NID contains a
protective ground connection that protects the End User Customer's on-premises wiring against
lightning and other high voltage surges and is capable of terminating media such as twisted pair
cable. If CLEC orders Unbundled Loops on a reuse basis, the existing drop and CenturyLink's
NID, as well as any on premises wiring that CenturyLink owns or controls, will remain in place
and continue to carry the signal over the End User Customer's on-premises wiring to the End
User Customer's equipment. Notwithstanding the foregoing, an Unbundled Loop and any
Subloop terminating at a NID shall include the existing drop and the functionality of the NIDas
more specifically set forth in Section 9.2. The NID is offered in three (3) varieties:
9.5.1.1 Simple NID - The modular NID is divided into two (2) components, one
containing the over-voltage unit (protector) and the other containing the End User
Customer's on-premises inside wiring termination, and a modular plug which connects
the inside wire to the distribution plant or dial tone source. The non-modular NID is a
protector block with the inside wire terminated directly on the distribution facilities.
9.5.1.2 Smart NID - To the extent CenturyLink has deployed "smart" devices in
general meaning a terminating device that permits the service provider to isolate the
Loop facility from the premises wiring for testing purposes, and such devices have spare
functioning capacity not currently used by CenturyLink or any other provider,
CenturyLink shall provide unbundled access to such devices. CenturyLink shall also
continue to allow CLEC, at its option, to use all features and functionality of the
CenturyLink NID including any protection mechanisms, test capabilities, or any other
capabilities now existing or as they may exist in the future regardless of whether or not
CLEC terminates its own distribution facility on the NID..
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9.5.1.3 Multi-Tenant (MTE) NID - The MTE NID is divided into two (2) functional ..,~ ,.\
components: one containing the over-voltage unit (protector) and the other containing ~
the terminations of the on-premises inside wiring. Such devices contain the protectors
for, and may be located externally or internally to the premises served.
9.5.1.4 Intentionally Left Blank.
9.5.2 Terms and Conditions
9.5.2.1 CLEC may use the existing CenturyLink NID to terminate its drop if space
permits, otherwise a new NID or other Technically Feasible Interconnection point is
required. If CLEC installs its own NID, CLEC may connect its NID to the CenturyLink
NID by placing a cross connect between the two. When Provisioning a NID-to-NID
connection, CLEC wil isolate the CenturyLink facility in the NID by unplugging the
modular unit. If CLEC requires that a non-modular unit be replaced with a modular NID,
CenturyLink wil perform the replacement for the charge described in Section 9.5.3.1. If
CLEC is a facilities-based provider up to and including its NID, the CenturyLink facility
currently in place, including the NID, will remain in place.
9.5.2.1.1 CenturyLink shall allow CLEC to connect its Loops directly to the
NID field containing the terminations of the on-premises inside wiring not owned
or controlled by CenturyLink, without restriction. Where CenturyLink does not
own or control the on-premises inside wiring, CLEC and the landowner shall
determine procedures for such access.
9.5.2.1.2 CenturyLink shall allow CLEC to use all features and .
functionality of the CenturyLink NID including any protection mechanisms, test .
capabilities, or any other capabilities now existing or as they may exist in the
future.
9.5.2.1.3 Pursuant to generally acceptable work practices, and provided
the inside wire re-termination is required to meet service requirements of either
Parties' End User Customer, either Party may remove the inside wire from the
NID and connect that wire to that Party's own NID. Future installation of
CenturyLink NIDs wil be such that it wil not unnecessarily impede access to the
End User Customets wiring.
9.5.2.1.4 CLEC may enter the subscriber access chamber or End User
Customer side of a dual chamber NID enclosure for the purpose of NID-to-NID
connections.
9.5.2.1.5 Upon CLEC request, CenturyLink wil make other
rearrangements to the inside wire terminations or terminal enclosure. Charges
wil be assessed per Section 9.5.3.4. No such charge shall be applicable if
CenturyLink initiates the rearrangement of such terminations. In all such
instances, rearrangements shall be performed in a non-discriminatory fashion
and timeframe and without an End User Customets perceivable disruption in
service. CenturyLink wil not make any rearrangements of wiring that is provided
by another Carrier that relocates the other Carriets test access point without
notifying the affected Carrier promptly after such rearrangement if CLEC has .
properly labeled its cross connect wires.
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Unbundled Network Elements.9.5.2.2 CenturyLink will retain sole ownership of the CenturyLink NID and its
contents on CenturyLink's side. CenturyLink is not required to proactively conduct NID
change-outs, on a wide scale basis. At CLEC's request, CenturyLink wil change the
NID on an individual request basis by CLEC and charges will be assessed per Section
9.5.3.5 except where Section 9.5.5.1 applies. CenturyLink is not required to inventory
NID locations on behalf of CLEC.
9.5.2.3 When CLEC accesses a CenturyLink NID, it shall employ generally
accepted best engineering practices and comply with industry standards should such
standards exist when it physically connects its NID (or equivalent) to the CenturyLink
NID and makes Cross Connections necessary to provide service. At MTE NIDs, CLEC
shall clearly label the cross connect wires it uses to provide service. CenturyLink shall
label its terminals when a technician is dispatched.
9.5.2.4 All services fed through a protector field in a CenturyLink NID located
inside a building wil interface on an industry standard termination block and then extend,
via a Cross Connection to the End User Customer's in-premises wiring. All services fed
through a protector field in a CenturyLink NID that is attached to a building wil interface
on industry standard lugs or a binding post type of termination and then extend, via a
Cross Connection, to the End User Customets on-premises wiring.
.
9.5.2.5 If so requested by CLEC, CenturyLink shall allow CLEC to connect its
Loops directly to the protector field at CenturyLink NIDs that have unused protectors and
are not used by CenturyLink or any other Telecommunications Carrier to provide service
to the premises. If CLEC accesses the CenturyLink protector field, it shall do so on the
distribution side of the protector field only where spare protector capacity exists. In such
cases, CLEC shall only access a CenturyLink NID protector field in cable increments
appropriate to the NID. If twenty-five (25) or more metallic cable pairs are
simultaneously terminated at the MTE NID, additions must be in increments of twenty-
five (25) additional metallc pairs. In all cases, Telecommunications cables entering a
CenturyLink NID must be terminated in compliance with FCC 88-57, section 315 of the
National Electric Safety Code and section 800.30 of the National Electric Code.
9.5.3 Rate Elements
Exhibit A provides recurring and nonrecurring rates for access or modifications to an existing
NID, and Exhibit A also provides Miscellaneous Charges.
9.5.3.1 If CLEC requests the current simple NID be replaced with a different
simple NID, pursuant to Section 9.5.2.1, additional labor - other Miscellaneous Charges
will be assessed with CLEC paying only for the portion of the change-out that is specific
to and for the functionality that supports CLEC requirements.
9.5.3.2 Recurring rates apply for unbundled access to the protector field in a
CenturyLink NID, pursuant to Section 9.5.2.5. As of the Effective Date of this
Agreement, CenturyLink has not implemented charges for this recurring rate element,
but reserves the right to assess such a charge in the future.
.9.5.3.3 When CLEC requests that CenturyLink perform the work to connect its
NID to the CenturyLink NID, the costs associated with CenturyLink performing such work
wil be charged to CLECas additional labor - other Miscellaneous Charges.
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9.5.3.4 When CenturyLink makes rearrangements to the inside wire terminations
or terminal enclosure pursuant to Section 9.5.2.1.5, charges will be assessed as .
additional labor - other Miscellaneous Charges.
9.5.3.5 CLEC wil be charged for any change-out CenturyLink performs pursuant
to Section 9.5.2.2. CLEC wil be biled only for the portion of the change-out that is
specific to CLEC's request for modified/additional capacity. Charges wil be assessed as
additional labor - other Miscellaneous Charges.
9.5.4 Ordering Process
9.5.4.1 Intentionally Left Blank.
9.5.4.2 CLEC may access a MTE NID after determining that the terminal in
question is a NID, per the process identified in Section 9.3. If the terminal is a NID and
CLEC wishes to access the End User Customer field of the NID, no additional
verification is needed by CenturyLink. CLEC shall tag its jumper wire.
9.5.4.2.1 When CLEC seeks to connect to a cross connect field other than
to the End User Customer field of the NID, CLEC shall submit a LSR for
connection to the NID. CenturyLink shall notify CLEC, within ten (10) business
days, if the connection is not Technically Feasible. In such cases, CenturyLink
shall inform CLEC of the basis for its claim of technical infeasibility and, at the
same time, identify all alternative points of connection that CenturyLink would
support. CLEC shall have the option of employing the alternative terminal or
disputing the claim of technical infeasibilty pursuant to the Dispute Resolution .
provisions of this Agreement. No additional verification is needed by CenturyLink
and CLEC shall tag its jumper wire.
9.5.4.3 Subject to the terms of Section 9.5.4.2, CLEC may perform a NID-to-NID
connection, according to Section 9.5.2.3, and access the End User Customer field of the
NID without notice to CenturyLink. CLEC may access the protector field of the NID by
submitting a LSR.
9.5.5 Maintenance and Repair
9.5.5.1 If CenturyLink is dispatched to an End User Customer's location on a
maintenance issue and finds the NID to be defective, CenturyLink will replace the
defective element or, if beyond repair, the entire device at no cost to CLEC. If the
facilities and lines have been removed from the protector field or damaged by CLEC,
CLEC wil be responsible for all costs associated with returning the facilities and lines
back to their original state. This work is biled to CLEC as additional labor - other
Miscellaneous Charges. Maintenance and Repair processes are contained in the
Access to ass Section of this Agreement.
9.6 Unbundled Dedicated Interoffce Transport (UDIT)
CenturyLink shall provide access to Unbundled Dedicated Interoffce Transport (UDIT) in a non-
discriminatory manner according to the following terms and conditions..
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Unbundled Network Elements.9.6.1 Description
9.6.1.1 Unbundled Dedicated Interoffce Transport (UDIT) provides CLEC with a
Network Element of a single transmission path between CenturyLink Wire Centers in the
same LATA and state. UDIT provides a path between one (1) CLEC's Collocation in one
(1) CenturyLink Wire Center and a different CLEC's Collocation in another CenturyLink
Wire Center. UDIT is a distance-sensitive, flat-rated bandwidth-specific interoffice
transmission path designed to a DSX in each CenturyLink Wire Center. UDIT is
available in DSO through DS3 bandwidths. CLEC can assign channels and transport its
choice of voice or data. Specifications, interfaces and parameters are described in
CenturyLink Technical Publication 77389.
9.6.2 Terms and Conditions
9.6.2.0 Intentionally Left Blank.
9.6.2.0.1 CenturyLink shall unbundle DS1 transport between any pair of
CenturyLink Wire Centers except where, through application of "Tiet'
classifications, as defined in Section 4 of this Agreement, both Wire Centers
defining the Route are Tier 1 Wire Centers. As such, CenturyLink must unbundle
DS1 transport if a Wire Center at either end of a requested Route is not a Tier 1
Wire Center, or if neither is a Tier 1 Wire Center.
.9.6.2.0.1.1 On Routes for which no unbundling obligation for DS3
dedicated transport circuits exists but for which DS1 Dedicated Transport
is available on an unbundled basis, CLEC may obtain a maximum of ten
(10) unbundled DS1 Dedicated Transport circuits.
9.6.2.0.2 CenturyLink shall unbundle DS3 transport between any pair of
CenturyLink Wire Centers except where, through application of "Tiet'
classifications, as defined in Section 4 of this Agreement, both Wire Centers
defining the Route are either Tier 1 or Tier 2 Wire Centers. As such, CenturyLink
must unbundle DS3 transport if a Wire Center on either end of a requested Route
is a Tier 3 Wire Center.
9.6.2.0.2.1 CLEC may obtain a maximum of twelve (12) unbundled
DS3 dedicated transport circuits on each Route where DS3 dedicated
transport is available on an unbundled basis.
9.6.2.0.3 Intentionally Left Blank.
9.6.2.0.4 All services provided in this Section 9.6 are subject to the
Ratcheting criteria as provided in Section 9.1.1.9. of this Agreement.
9.6.2.0.5 All services provided in this Section 9.6, when combined with high
capacity Loops, are subject to the Service Eligibilty Criteria as provided in
Section 9.1.1.10 of this Agreement.
.9.6.2.1 To the extent that CLEC is ordering access to a UNE Combination, and
Cross Connections are necessary to combine UNEs, CenturyLink wil perform requested
and necessary Cross Connections between UNEs in the same manner that it would
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perform such Cross Connections for its End User Customers or for itself. If not ordered
as a combination, CLEC is responsible for performing Cross Connections at its .
Collocation or other mutually determined Demarcation Point between UNEs and
ancilary or Finished Services, and for transmission design work including regeneration
requirements for such connections. Such Cross Connections wil not be required of
CLEC when CLEC orders a continuous UDIT element from one point to another.
9.6.2.2 Intentionally Left Blank.
9.6.2.3 With the exception of combinations provided through the UNE
Combinations Section 9.23, CLEC may utilize any form of Collocation at both ends of the
UDIT. CenturyLink's design wil ensure the cable between the CenturyLink-provided
active elements and the DSX will meet the proper signal level requirements. Channel
regeneration wil not be charged for separately for Interconnection between a Collocation
space and CenturyLink's network. Cable distance limitations are based on ANSI Standard
T1.1 02.1993 "Digital Hierarchy - Electrical Interface; Annex B."
9.6.2.4 Intentionally Left Blank.
9.6.2.5 Intentionally Left Blank.
9.6.2.6 Intentionally Left Blank.
9.6.2.7 Intentionally Left Blank.
9.6.2.8 Intentionally Left Blank..9.6.2.9 Upon CLEC request, CenturyLink wil convert special access or private
line circuits to UDIT, provided the service originates at CLEC's Collocation in the Serving
Wire Center.
9.6.3 Rate Elements
Exhibit A provides recurring and nonrecurring rates for UDIT and also provides Miscellaneous
Charges.
9.6.3.1 DS1 UDIT includes the following rate elements:
a) DS1 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 1.544 Mbps termination at a DSX or DCS. In addition to the
fixed rate element, a per-mile rate element, as described below, also applies.
b) DS1 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides a transmission path of 1.544 Mbps between CenturyLink Wire
Centers. This is a mileage sensitive element based on the V&H coordinates of
the DS1 UDIT. The mileage is calculated between the originating and
terminating CenturyLink Wire Centers.
c) Intentionally Left Blank.
d)DS1 Nonrecurring Charge. One-time charges apply for a specific work .
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.
.
.
9.6.3.2
9.6.3.3
9.6.3.4
9.6.3.5
9.6.3.6
9.6.3.7
9.6.3.8
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Unbundled Network Elements
activity associated with installation of the DS1 service.
e) Intentionally Left Blank.
DS3 UDIT rates include the following rate elements:
a) DS3 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 44.736 Mbps termination. In addition to the fixed rate
element, a per-mile rate element, as described below, also applies.
b) DS3 Transport Facilties (Per Mile) Rate Element. This recurring rate
element provides an interoffice transmission path of 44.736 Mbps between
CenturyLink Wire Centers. This is a mileage sensitive element based on the
V&H coordinates of the DS3 UDIT. The mileage is calculated between the
originating and terminating CenturyLink Wire Centers.
c) Intentionally Left Blank.
d) DS3 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS3 service.
e)Intentionally Left Blank.
DSO UDIT includes the following rate elements:
a) DSO Transport Termination (Fixed). This recurring rate element
provides a 64 Kbps termination. In addition to the fixed rate element, a per-mile
rate element, as described below, also applies.
b) DSO Transport Facilities (Per Mile). This recurring rate element
provides a transmission path of 64 Kbps between CenturyLink Wire Centers.
This is a mileage sensitive element based on the V&H coordinates of the DSO
UDIT. The mileage is calculated between the originating and terminating
CenturyLink Wire Centers.
c) DSO Nonrecurring Charges. One-time charges apply for a specific work
activity associated with installation of the DSO service.
d) Low Side Channelization. Recurring charges apply for low side
multiplexed channel cards and settings at each end of the DSO UDIT.
Intentionally Left Blank.
Intentionally Left Blank.
9.6.3.5.1 Intentionally Left Blank.
Nonrecurring charges apply for rearrangements of UDIT.
Intentionally Left Blank.
Intentionally Left Blank.
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9.6.3.9 The following miscellaneous services, as described in Section 9.1.12, are .
available with UDIT. Miscellaneous Charges apply for miscellaneous services.
a)Additional labor - other
b)Cancellation
c)Design Change
d)Dispatch
e)Expedite
f)Maintenance of Service.
9.6.3.10 A nonrecurring charge is applied to the conversion of an existing private
line/Special Access circuit to UDIT.
9.6.4 Ordering Process
9.6.4.1 Ordering processes and installation intervals are as follows:
9.6.4.1.1 UDIT is ordered via the Access Service Request (ASR) process.
Ordering processes are contained in the Access to ass Section of this
Agreement.
9.6.4.1.2 Intentionally Left Blank..
9.6.4.1.3 The interval wil start when CenturyLink receives a complete and
accurate ASR. This date is considered the start of the installation interval if the
order is received prior to 3:00 p.m. The installation interval wil begin on the next
business day for service requests received after 3:00 p.m. The installation
intervals have been established and are set forth in Exhibit C of this Agreement.
9.6.4.1.4 Intentionally Left Blank.
9.6.4.1.5 An order may be canceled any time up to and including the Due
Date/Service Date. Cancellation Miscellaneous Charges apply for such
cancellations except when:
a) The original Due Date or CLEC-initiated subsequent Due Date
was, or CLEC has been notified by CenturyLink that such Due Date wil
be, delayed ten (10) business days or longer; or
b) The original Due Date has been scheduled later than the
expiration of the standard interval set forth in Exhibit Cand CLEC cancels
its order no later than ten (10) days before such onginal Due Date.
9.6.4.1.6 Definitions of the most common critical dates that occur during
the ordering and installation process are included in the Definitions Section of
this Agreement..
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Unbundled Network Elements.9.6.4.2 UDIT is ordered with basic installation. CenturyLink wil install the UDIT
extending connections to CLEC Demarcation Point and will notify CLEC when the work
activity is complete.
9.6.4.3
9.6.4.4
Intentionally Left Blank.
Intentionally Left Blank.
9.6.4.5 CenturyLink wil perform industry standard tests, set forth in Technical
Publication 77389, when installng UDIT service.
9.6.4.6 To convert an existing private line/special access circuit to UDIT, CLEC
must submit two (2) ASRs to change the circuit identification, Network Channel Interface
Code (NCI) and billing.
9.6.4.7 CLEC will submit an Access Service Request (ASR) for rearrangement
including appropriate termination information (e.g., Connecting Facility Assignment
(CFA) or Network Channel Codes/Network Channel Interface Codes (NC/NCI) codes).
9.6.5 Maintenance and Repair
9.6.5.1 The Parties wil perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections wil be repaired by CLEC
and CenturyLink Cross Connections wil be repaired by CenturyLink. Maintenance and
Repair processes are contained in the Access to ass Section of this Agreement.
. 9.6.6 Rearrangement
9.6.6.1 CLEC can submit requests through the ASR process to move or
rearrange UDIT terminations on CLEC's Demarcation Point or to change UDIT options.
These rearrangements are available through a single Wire Center or dual Wire Center
request. Single Wire Center rearrangements are limited to the change in options or
movement of terminations within a single Wire Center. Dual Wire Center
rearrangements are used to change options or movement of terminations in two (2) Wire
Centers. Rearrangement is only available for in-place and working UDITs.
9.6.6.2 The rearrangement of terminations or option changes are completed as
an "uncoordinated change" (basic request) and will be completed within the normal
intervals outlined in Exhibit C. If CLEC desires a coordinated rearrangement of
terminations or options changes, additional labor installation as identified in Exhibit A
shall apply.
9.6.6.3 CLEC wil submit an ASR with the rearrange usac and appropriate
termination information (e.g., CFA) or NC/NCI codes (Network Channel Codes/Network
Channel Interface Codes).
9.7 Unbundled Dark Fiber
.Dedicated dark fiber shall be made available to CLEC on an unbundled basis as set forth below.
Dark fiber transport consists of unactivated optical interoffce transmission facilities.
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9.7.1 Description
Unbundled Dark Fiber (UDF) is a deployed, unlit strand or strands of fiber that connects two (2)
Wire Centers within CenturyLink's network within the same LATA or state. UDF exists in two (2)
distinct forms: (a) UDF interoffce facility (UDF-IOF), which constitutes a deployed route
between two (2) CenturyLink Wire Centers; and (b) UDF MTE Subloop that begins at or near an
MTE premises to provide access to MTE premises wiring. Deployed Dark Fiber facilities shall
include all local exchange Dark Fiber CenturyLink owns directly or to which it has a right to
access under agreements with any other part affliated or not, that do not prohibit CenturyLink's
ability to provide access to another Person or entity. Deployed Dark Fiber facilities shall not be
limited to facilities owned by CenturyLink, but wil include in place and easily called into service
facilities to which CenturyLink has otherwise obtained a right of access, including but not limited to
capitalized Indefeasible Right to Use (IRUs) or capitalized leases. CenturyLink shall not be
required to extend access in a manner that is inconsistent with the restrictions and other terms
and conditions that apply to CenturyLink's access; however, in the case of access obtained from
an Affliate: (a) the actual practice and custom as between CenturyLink and the Affilate shall
apply, in the event that it provides broader accss than does any documented agreement that
may exist, and (b) any terms restricting access by CLEC that are imposed by the agreement with
the Affiliate (excluding good-faith restrictions imposed by any agreement with a third party from
whom the Affliate has gained rights of access) shall not be applied to restrict CLEC access.
9.7.2 Terms and Conditions
9.7.2.0 CenturyLink shall unbundle dark fiber transport between any pair of
CenturyLink Wire Centers except where, through application of "Tiet' classifications
described in Section 4 of this Agreement, both Wire Centers defining the Route are
either Tier 1 or Tier 2 Wire Centers. As such, CenturyLink must unbundle dark fiber
transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center.
9.7.2.1 CenturyLink wil provide CLEC with non-discriminatory access to UDF in
accordance with Section 9.1. CenturyLink wil provide UDF of substantially the same
quality as the fiber facilities that CenturyLink uses to provide retail service to its own End
User Customers.
9.7.2.2 CenturyLink provides access to unbundled Dark Fiber at:
9.7.2.2.1 Accessible terminations such as fiber distribution panels.
9.7.2.2.2 A point of technically feasible access is any point in
CenturyLink's outside plant at or near an MTE premises where a technician can
access the wire or fiber within the cable without removing a splice case to reach
the wire or fiber within to access the wiring in the MTE premises. Such points
include, but are not limited to, a pole or pedestal, the network interface device,
the minimum point of entry, the single point of interconnection, and the
feeder/distribution interface.
9.7.2.2.3 Intentionally Left Blank.
.
.
9.7.2.3 CenturyLink wil provide CLEC with access to deployed Dark Fiber
facilities. CLEC shall be responsible for obtaining and connecting electronic equipment, .
whether light generating or light terminating equipment, to the Dark Fiber at both ends,
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Unbundled Network Elements.provided that if CLEC requests CenturyLink to obtain and connect the electronic
equipment, CenturyLink will follow the requirements of Section 9.19 in deciding whether
or not to build the facilities for CLEC.
9.7.2.4 CenturyLink wil provide Unbundled Dark Fiber to CLEC in increments of
one (1) or two (2) strands. CLEC may obtain up to twenty-five percent (25%) of
available Dark Fibers or four (4) Dark Fiber strands, whichever is greater, in each fiber
cable segment over a twelve (12) month period. Before CLEC may order additional UDF
on such fiber cable segment, CLEC must demonstrate efficient use of existing fiber in
each cable segment. Efficient use of interoffice cable segments is defined as providing
a minimum of OC-12 termination on each fiber pair. Effcient use of UDF MTE Subloop
fiber is defined as providing a minimum of OG-3 termination on each fiber pair. CLEC
may designate five percent (5%) of its fibers along a fiber cable segment, or two (2)
strands, whichever is greater, for maintenance spare, which fibers or strands are not
subject to the termination requirements in this paragraph.
9.7.2.5 CenturyLink shall not have an obligation to unbundle Dark Fiber in the
following circumstances:
a) CenturyLink wil not unbundle Dark Fiber that CenturyLink utilizes
for maintenance or reserves for maintenance spare for CenturyLink's own use.
CenturyLink shall not reserve more than five percent (5%) of the fibers in a
sheath, or two (2) strands, whichever is greater, for maintenance or maintenance
spare for CenturyLink's own use.-b) CenturyLink wil not be required to unbundle Dark Fiber if
CenturyLink demonstrates to the Commission by a preponderance of the
evidence that such unbundling would create a likely and foreseeable threat to its
ability to meet its Carrier of last resort obligations as established by any
regulatory authority. CenturyLink shall initiate such proceeding within seven (7)
Days of denying CLEC's request (by written notice) to unbundle Dark Fiber
where such fiber is available. In this proceeding, CenturyLink shall not object to
using the most expeditious procedure available under state law, 'rule or
regulation. CenturyLink shall be relieved of its unbundling obligations, related to
the specific Dark Fiber at issue, pending the proceeding before the Commission.
If CenturyLink fails to initiate such pending proceeding within such seven (7) Day
period, CLEC's request to unbundle Dark Fiber shall be reinstated and the
ordering and Provisioning processes of Section 9.7.3 shall continue.
9.7.2.6 Intentionally Left.Blank.
.
9.7.2.7 Specifications, interfaces and parameters for Dark Fiber are described in
CenturyLink's Technical Publication 77383.
9.7.2.8 CLEC is responsible for trouble isolation before reporting trouble to
CenturyLink.
9.7.2.9 Intentionally Left Blank.
9.7.2.10 Upon thirty (30) Days notification to CLEC, CenturyLink may initiate a
proceeding to reclaim Dark Fiber strands from CLEC that were not serving End User
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Customers at the time of CenturyLink's notice to CLEC. In such proceeding,
CenturyLink shall have the burden to prove that CenturyLink needs such fiber strands in .
order to meet its Carrier of last resort obligations as established by any regulatory
authority. In such proceeding, CLEC shall not object to using the most expeditious
procedure available under state law, rule or regulation. CLEC shall be entitled to retain
such strands of UDF for any purpose permitted under this Agreement pending the
proceeding before the Commission; provided, however, that such use shall be at CLEC's
sole risk of any reclamation approved by the Commission, including the risk of
termination of service to End User Customers. CLEC may designate five percent (5%)
of its fibers along a fiber cable segment, or two (2) strands, whichever is greater, for
maintenance spare, which fibers or strands are not subject to the reclamation
requirements in this paragraph.
9.7.2.11 Intentionally Left Blank.
9.7.2.12 CLEC must have established Collocation or other Technically Feasible
means of network demarcation pursuant to Section 9.1.4 of this Agreement at both
terminating points of the UDF-IOF. No Collocation is required in intermediate Wire
Centers within a UDF or at Wire Centers where CLEC's UDFs are cross connected.
CLEC has no access to UDF at those intermediate Wire Centers.
9.7.2.12.1 CLEC-to-CLEC connections with UDF for the mutual exchange
of traffc is permissible pursuant to the provisions in Section 9.7.
9.7.2.13 CLEC is responsible for all work activities at the MTE premises. All
negotiations with the premises End User Customer and or premises owner are solely the.
responsibility of CLEC.
9.7.2.14 Intentionally Left Blank.
9.7.2.15 Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a
non-CenturyLink owned MTE is done through an MTE-POI. Collocation is not required
to access MTE Subloops.
9.7.2.16 CLEC wil incur all costs associated with disconnecting the UDF from its
side of the network Demarcation Point.
9.7.2.17 CenturyLink and CLEC wil jointly participate in continuity testing within
the Provisioning interval established in Exhibit C. CenturyLink and CLEC must
coordinate on the date and time for this continuity testing. As part of their respective
duties regarding this continuity test, CenturyLink shall furnish a light detector at one (1)
termination point of the UDF, and CLEC shall furnish light generating equipment at the
other termination point of the UDF as described below:
9.7.2.17.1 CLEC may identify on its order the Wire Center at which
CenturyLink must provide a light detector and the Wire Center at which CLEC wil
provide light generating equipment. If CLEC does not identify the Wire Center on
its order, CenturyLink and CLEC shall mutually agree on the Wire Center at
which CLEC wil provide the light generating equipment.
9.7.2.17.2 Intentionally Left Blank..
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Unbundled Network Elements.9.7.2.17.3 Intentionally Left Blank.
9.7.2.18 If, within ten (10) Days of the date CenturyLink provisioned an order for
UDF, CLEC demonstrates that the UDF pair(s) provisioned over requested route do not
meet the minimum parameters set forth in Technical Publication 77383, and if the
trouble is in the CenturyLink UDF facility, not due to fault on the part of CLEC, then
CenturyLink wil at no additional cost, attempt to repair the UDF as it relates to
CenturyLink cross connects and jumpers. If CenturyLink cannot repair the UDF to the
minimum parameters set forth in Technical Publication 77383, CenturyLink wil replace
the UDF if suitable UDF pair(s) are available, at no additional nonrecurring charge. If
CenturyLink cannot replace the UDF upon receipt of CLEC's disconnect order,
CenturyLink wil refund the nonrecurring charges associated with the Provisioning
excluding IRI, FVQP and Field Verification and wil discontinue all recurring charges.
9.7.2.19 Intentionally Left Blank.
9.7.2.20 Intentionally Left Blank.
9.7.3 Ordering Processes
Ordering processes and installation intervals are as follows:
9.7.3.1 The first step of the UDF ordering process is the inquiry process. The
UDF inquiry is used to determine the availabilty of UDF..9.7.3.1.1 CLEC must submit a UDF inquiry and CLEC must specify the
two (2) locations and the number of fibers requested.
9.7.3.1.2 CenturyLink wil notify CLEC, within the interval set forth in
Exhibit C of this Agreement, that: (i) UDF is available to satisfy CLEC's request,
(ii) UDF is not available to satisfy CLEC's request; or (iii) CenturyLink, in writing,
denies CLEC's request pursuant to Section 9.7.2.5(b). CenturyLink shall provide
written notice of denials pursuant to (iii) above.
9.7.3.1.3 If there is UDF available, the UDF simple inquiry response and
the complex inquiry response wil contain up to five (5) available UDF routes
between the CLEC-specified end locations. If additional routes are available,
CenturyLink wil notify CLEC that such additional routes exist and negotiate how
that additional information wil be made available.
.
9.7.3.2 CLEC wil establish network Demarcation Points to accommodate UDF
optical terminations via Collocation or other Technically Feasible means or network
demarcation pursuant to Section 9.1.4 of this Agreement. If Collocation and or other
network demarcation arrangements have not been completed, CLEC must have
obtained preliminary APOT address information (CFA - Connecting Facility Assignment)
for its network Demarcation Points in each CenturyLink Wire Center where the UDF
terminates prior to placing an order forUDF. When preliminary APOT has been
established and delivered to CLEC, CenturyLink can begin processing the UDF
Provisioning order upon receipt of the UDF Provisioning request. If the preliminary
APOT address is changed by CLEC, a new Provisioning time line for UDF must be
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established..9.7.3.3 Based on the CLEC request, (UDF-IOF or UDF MTE Subloop), there are
two (2) possible termination scenarios.
9.7.3.3.1 Termination at an MTE. CLEC shall access the UDF MTE
Subloop on the MTE Premises at a Technically Feasible point if possible. If
access is not Technically Feasible on the MTE Premises, then CLEC may
request access to UDF MTE Subloop at a Technically Feasible point near the
MTE Premises. CenturyLink wil prepare and submit to CLEC a quotation along
with the original Field Verification Quote Preparation form (FVOP) within the
interval set forth in Exhibit C. Quotations are on an Individual Case Basis (ICB)
and wil include costs and an interval in accordance with Exhibit C.
9.7.3.3.2 Intentionally Left Blank.
9.7.3.3.3 Termination at CenturyLink Wire Center. If spare fiber is
available, and CLEC chooses to proceed, and the request is for UDF
terminations at a CenturyLink Wire Center, CenturyLink wil begin the
Provisioning process upon notification from CLEC to proceed and the receipt of
fifty percent (50%) of the nonrecurring charges. The notification to proceed is
accomplished by completing, signing and returning the original inquiry request to
the account manager. Provisioning intervals for this type of request are set forth
in Exhibit C. CLEC wil be notified that Provisioning is complete and the
remaining nonrecurring charges and associated recurring charges wil be biled.
9.7.3.4 An order may be canceled any time up to and including the Service Date..
9.7.3.5 CLEC may reserve Dark Fiber for CLEC during Collocation builds. Prior
to reserving space, CLEC must place an inquiry pursuant to Section 9.7.3.1 of this
Agreement and receive a UDF inquiry response that reflects that the route to be
reserved is available. CLEC is also strongly encouraged to request a field verification
that the route to be reserved is available. If CLEC does not obtain a field verification,
CLEC assumes the risk that records upon which the UDF inquiry response is based may
be in error. CLEC may reserve UDF for thirty (30), sixt (60), or ninety (90) Days. CLEC
may extend or renew reservations if there is delay in completion of the Collocation build.
All applicable UDF recurring charges specified in Section 9.7.5.2 will be assessed at the
commencement of the reservation. Nonrecurring charges for Provisioning and cross
connects wil be assessed at the time of installation.
9.7.4 Maintenance and Repair
9.7.4.1 The Parties wil penorm cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections wil be repaired by CLEC
and CenturyLink Cross Connections wil be repaired by CenturyLink. Maintenance and
Repair processes are contained in the Access to OSS Section of this Agreement.
9.7.4.2 If it is determined that the UDF does not meet the minimum parameters of
Technical Publication 77383 without fault of CLEC, and if the trouble is in the
CenturyLink UDF facility, then CenturyLink wil attempt to repair the UDF as it relates to
CenturyLink cross connects and jumper at no additional cost. If CenturyLink cannot .
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Unbundled Network Elements.repair the UDF to the minimum parameters set forth in Technical Publication 77383, then
CenturyLink wil replace the UDF at no additional cost if suitable UDF pair(s) are
available. If CenturyLink cannot replace the UDF with available pairs, then it, upon
receipt of CLEC's disconnect order, wil discontinue the recurring charges effective as of
the date of the commencement of the trouble.
9.7.5 Rate Elements
Exhibit A provides recurring and nonrecurring rates for Dark Fiber and also provides
Miscellaneous Charges.
9.7.5.1 Dark Fiber includes the following rate elements:
.
a) Initial Records Inquiry (IRI). This rate element is a pre-order
work effort that investigates the availability of UDF. This is a one-time charge for
each route check requested by CLEC. A simple IRI determines if UDF is
available between two (2) CenturyLink Wire Centers. A complex IRI is used to
determine if a UDF MTE Subloop is available. CenturyLink wil bil CLEC the IRI
immediately upon receipt of the inquiry. The IRI is a record search and does not
guarantee the availability of UDF.
b) Field Verification and Quote Preparation (FVQP). This rate
element is a pre-order work effort to estimate the cost of providing UDF access to
CLEC at locations other than CenturyLink Wire Centers. CenturyLink wil
prepare a quotation which wil explain what work activities, timeframes, and
additional costs, including recurring and non-recurring costs, are associated with
providing access to this FDP location. This quotation wil be good for thirty (30)
Days. The FVQP is not necessary when the request is between CenturyLink
Wire Centers (Le., simple IRI). If FVQP is applicable pursuant to this section and
CLEC orders UDF that has been reserved after a Field Verification has been
performed, then the charge for FVQP wil be reduced by the amount of the
Engineering Verification charge assessed in the context of the reservation.
c) Engineering Verification. This rate element is an additional records check
for Unbundled Dark Fiber MTE Subloop.
9.7.5.2 The following rate elements are used once the availability of UDF has
been established and CLEC chooses to access UDF.
9.7.5.2.1 Unbundled Dark Fiber - Single Strand- IOF Rate Elements
a) UDF-IOF Termination (Fixed) Rate Element. This rate element
is a recurring rate element and provides a termination at the interoffce
FDP within the CenturyLink Wire Center. Two (2) UDF-IOF terminations
apply per cross connect provided on the facilty. Termination charges
apply for each intermediate offce terminating at an FDP or like cross
connect point.
.b) UDF-IOF Fiber Transport, (Per Strand) Rate Element. This
recurring rate element applies per strand. This rate element provides a
transmission path between CenturyLink Wire Centers. This rate element
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is mileage sensitive based on the route miles of the UDF rounded up tothe next mile. .
c) UDF-IOF Fiber Cross Connect Rate Element. This rate element
has both a recurring. and nonrecurring component and is used to extend
the optical connection from the IOF FOP to CLEC's optical Demarcation
Point (ICDF). A minimum of two (2) UDF-IOF fiber cross connects apply
per strand. Cross connect charges apply for each intermediate office
terminating at an FOP or like cross connect point. The nonrecurring rate
wil not be charged for cross connects already in place prior to CLEC's
order for UDF-IOF.
9.7.5.2.2 Intentionally Left Blank.
9.7.5.2.3 Intentionally Left Blank.
9.7.5.2.4
Order.
Unbundled Dark Fiber - Order Charge, First Strand/Route, Per
9.7.5.2.4.1 This rate element is the nonrecurring component
assessed for installation of Unbundled Dark Fiber, by the strand. The
element applies for the first strand that is requested to terminate at a
single location.
9.7.5.2.5 Unbundled Dark Fiber - Order Charge, Each Additional
Strand/Route, Per Order..
9.7.5.2.5.1 This rate element is the nonrecurring component
assessed for installation of each additional Unbundled Dark Fiber strand.
The element applies to each additional strand ordered to the same
location, on the same request.
9.7.5.2.6 Unbundled Dark Fiber per Pair - IOF Rate Elements
9.7.5.2.6.1 UDF-IOF Termination (Fixed) Rate Element. This
rate element is a recurring rate element and provides a termination at the
interoffice FOP within the CenturyLink Wire Center. Two UDF-IOF
terminations apply per pair at each end of the facility. Termination
charges apply for each intermediate Central Offce terminating at an FOP
or like cross connect point.
9.7.5.2.6.2 UDF-IOF Fiber Transport, (Pair) Rate Element. This
rate element is a recurrng component and applies per pair. This rate
element provides a transmission path between CenturyLink Wire Centers.
The recurring component of this rate element is mileage sensitive based
on the route miles of the UDF rounded up to the next mile.
9.7.5.2.7 UDF-IOF Fiber Cross Connect Rate Element.
9.7.5.2.7.1 This rate element has both a recurring and nonrecurring
component and is used to extend the optical connection from the IOF .
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FDP to CLEC's optical Demarcation Point. A minimum of two (2) UDF-
IOF fiber cross connects apply per pair. Cross connect charges apply for
each intermediate Central Office terminating at an FDP or like cross
connect point. The nonrecurring rate wil not be charged for cross
connects already in place prior to CLEC's order for UDF-IOF.
9.7.5.2.8
Order.
Unbundled Dark Fiber - Order Charge, First Pair/Route, Per
9.7.5.2.8.1 This rate element is the nonrecurring component
assessed for installation of Unbundled Dark Fiber, by the pair. The
element applies for the first pair that is requested to terminate at a single
location.
9.7.5.2.9 Unbundled Dark Fiber- Order Charge, Each Additional
Pair/Route, Per Order, Per Location, Per Request.
9.7.5.2.9.1 This rate element is the nonrecurring component assessed
for installation of each additional Unbundled Dark Fiber pair. The element
applies to each additional pair ordered to the same location, or
subsequent locations for CLEC.
9.7.5.2.10 Unbundled Dark Fiber Splice.
9.7.5.2.10.1 This rate element is the nonrecurring charge assessed for
the splice location, if required, to make the UDF MTE Subloop accessible.
This rate element is for the work performed at the accessible first
manhole or splicing location associated with an UDF MTE Subloop order.
9.7.5.2.11 Unbundled Dark Fiber MTE Subloop.
9.7.5.2.11.1 This rate element includes recurring and nonrecurring
charges assessed for the UDF MTE Subloop and it is ICB (Individual
Case Basis).
9.7.5.2.12 Miscellaneous Services. The following miscellaneous services, as
described in Section 9.1.12, are available with Dark Fiber. Miscellaneous
Charges apply for miscellaneous services.
a) Cancellation
b) Dispatch
c) Maintenance of Service.
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9.8 Intentionally Left Blank
9.9 Intentionally Left Blank
9.10 Intentionally Left Blank
9.11 Intentionally Left Blank
9.12 Intentionally Left Blank
9.13 Intentionally Left Blank
9.14 Intentionally Left Blank
9.15 Intentionally Left Blank
9.16 Intentionally Left Blank
9.17 Intentionally Left Blank
9.18 Additional Unbundled Elements
.
CLEC may request non-discriminatory access to and, where appropriate, development of,
additional UNEs not covered in this Agreement pursuant to the Bona Fide Request Process.
9.19 Construction Charges .
CenturyLink wil assess whether to build for CLEC in the same manner that it assesses whether
to build for itself. CenturyLink will conduct an individual financial assessment of any request
that requires construction of network capacity, facilities, or space for access to or use of UNEs.
When CenturyLink constructs to fulfil CLEC's request for UNEs, CenturyLink wil bid this
construction on a case-by-case basis. CenturyLink wil charge for the construction through
nonrecurring charges as described in this Section 9.19. When CLEC orders the same or
substantially similar service available to CenturyLink End User Customers, nothing in this
Section shall be interpreted to authorize GenturyLink to charge CLEC for special construction
where such charges are not provided for in a Tariff or where such charges would not be applied
to a CenturyLink End User Customer.
9.19.1 CenturyLink reserves the right to determine if CenturyLink wil undertake
requested construction. Some circumstances under which CenturyLink wil reject a construction
request include, but are not limited to, if it is determined that the requested element wil
jeopardize the reliability of CenturyLink's existing network, endanger CenturyLink's employees
or consumers, is not consistent with the National Electrical Code (NEC), or does not meet
Network Equipment Building Standards (NEBS) requirements. If CenturyLink agrees to
construct a network element, the following wil apply.
9.19.2 CLEC may request that CenturyLink construct new facilities for use in providing
services offered as Unbundled Network Elements (UNEs) using the CLEC-Requested
Unbundled Network Elements Construction ("CRUNEC") method. CRUNEC is not required for
requests that can be resolved through facilty work or assignments. CRUNEC is not available .'
for requests for facilities that are not offered as UNEs. CenturyLink's CRUNEC applies to the
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Unbundled Network Elements.following Wholesale products and services:
. Enhanced Extended Loop (EEL)
. Unbundled Subloop
. Unbundled Dark Fiber (UDF)
. Unbundled Dedicated Interoffice Transport (UDIT)
. Unbundled Local Loop
9.19.2.1 To make a request for construction of facilities, CLEC must submit a
CRUNEC request by contacting the CenturyLink service manager.
9.19.3 Rates for CRUNEC
9.19.3.1 A Records Quote Preparation Fee (RQPF) applies, and is a nonrecurring
charge assessed prior to preparation of a Records Quotation, which is a high level
overview and estimate of the cost of construction. This construction estimate is based
on records only and is not binding on CenturyLink. Credit in the amount of the RQPF
wil be applied to the Construction Quote Preparation Fee that is described below.
.
9.19.3.2 The Construction Quote Preparation Fee (CQPF) is a nonrecurring
charge assessed prior to preparation of the CRUNEC quotation. The CRUNEC
quotation provides the amount CLEC will pay should it agree to pursue construction.
Credit in the amount of the CQPF will be applied to the cost of construction if CLEC
accepts the quoted CRUNEC price and agrees to pursue construction.
9.19.3.2.1 CLEC may choose to first receive a Records Quotation, or may
choose to forego the Records Quotation and pay the CQPF for the CRUNEC
quotation, at any time after receiving notification that facilities are not available to
complete a service request.
9.19.3.3 CenturyLink wil retain the CQPF if CLEC chooses not to proceed with the
construction. At any point after remitting payment for construction, if CLEC decides to
begin but then to discontinue construction, CenturyLink wil refund the Construction
payment, excluding expenditures already incurred by CenturyLink for work completed
(including work Engineered, Furnished and/or Installed (EF&I)). CenturyLink wil provide
a brief description of work completed.
9.19.3.3.1 EF&I is defined as:
. Engineering labor to analyze the needs for the requested UNE and
design and issue the required work orders
. Furnished material cost
. Installation labor costs to complete the work order
9.19.3.4 The amount of the CRUNEC quotation is determined using the same
financial analysis criteria, and costs to recover for EF&I, that CenturyLink uses to assess
whether to build the equivalent facilties for itself..9.19.3.5 Rates are included in Exhibit A to this Agreement.
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9.20 Intentionally Left Blank
9.21 Line Splitting .
9.21.1 Description
Line Splitting provides CLECIDLEC with the opportunity to offer advanced data service
simultaneously with voice service when CLEC obtains switching as a Network Element pursuant
to a separate written agreement. Line Splitting uses the frequency range above the voice band
on a single Loop for the advanced data service. The advanced data service may be provided
by the Customer of record or another data service provider chosen by the Customer of record.
A Splitter must be inserted into the Loop to accommodate establishment of the advanced data
service. The Splitter separates the voice and data traffc and allows the copper Loop to be used
for simultaneous DLEC data transmission and CLEC provided voice service to the End User.
"CLEC" wil herein be referred to as the voice service provider while "DLEC" wil be referred to
as the advanced data service provider. CLEC and DLEC may be the same entity.
9.21.2 Terms and Conditions
9.21.2.1 General
9.21.2.1.1 The Customer of record (the voice service provider) will order the
insertion of a Splitter. CenturyLink is not responsible for providing the Splitter,
filter(s) and/or other equipment necessary for the End User to receive separate
voice and data service across a single copper Loop.
9.21.2.1.2 To order Line Splitting, CLEC/DLEC must have a Splitter installed
in the CenturyLink Wire Center that serves the End User. The POTS Splitter
must meet the requirements for Central Offce equipment Collocation set by the
FCC or be compliant with ANSI T1.413.
.
9.21.2.1.3 CLECIDLEC may provide any xDSL services that are compatible
with CLEC's voice service in accordance with ANSI T1.413 or IEEE 820 or other
industry standards.
9.21.2.1.4 There may be only one DLEC at any given time that provides
advanced data service on any given Line Splitting arrangement.
9.21.2.1.5 The Customer of record wil be able to request conditioning on the
Unbundled Loop portion of the Line Splitting arrangement. CenturyLink wil
perform requested conditioning of shared Loops to remove load coils and excess
Bridged Taps. If CLEC requests conditioning and such conditioning significantly
degrades the voice services on the Loop to the point that it is unacceptable to
CLEC, CLEC shall pay the conditioning rate set forth in Exhibit A to recondition
the Loop.
9.21.2.1.6 Splitters may be installed in CenturyLink Wire Centers at the
discretion of CLECIDLEC: via the standard Collocation arrangements set forth in
the Collocation Section; of this Agreement. Under either option, Splitters wil be
appropriately hard-wired or pre-wired so that CenturyLink is not required to .
inventory more than two (2) points of termination. For Line Splitting, CenturyLink .
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shall use the same number of Cross Connections and the same length of the tie
pairs as it uses for other split services under this Agreement.
9.21.2.1.7 Intentionally Left Blank
9.21.2.1.8 Splitter Collocation requirements are covered in the Shared Loop
Section of this Agreement.
9.21.3 Rate Elements
The following Line Splitting rate elements are contained in Exhibit A of this Agreement.
9.21.3.1 Recurring Rates for Line Splitting.
9.21.3.1.1 Interconnection TIE Pairs (ITP). A monthly recurring charge to
recover the costs associated with the use of 2 ITPs, one for voice and one for
voice/data.
9.21.3.1.2 OSS Charge - A monthly recurring charge to recover the cost of
the OSS modifications necessary to provide access to the high frequency portion
of the Loop. See Section 9.4.4 of Exhibit A.
9.21.3.2 Nonrecurring Rates for the Line Splitting
9.21.3.2.1 Basic Installation Charge for Line Splitting - A nonrecurring
charge for each Line Splitting arrangement installed wil apply.
9.21.3.2.2 Charge for conditioning Loop associated with Line Splitting - A
nonrecurring charge for either conditioning the Loop by removing load coils
and/or excess Bridged Taps; or reconditioning the line if necessary to assure the
quality of the voice service on the voice service.
9.21.3.3 Nonrecurring Rates for Maintenance and Repair
9.21.3.3.1 Trouble Isolation Charge - A nonrecurring charge for Trouble
isolation wil be applied in accordance with the Access to OSS- Maintenance and
Repair Section.
9.21.3.3.2 Additional Testing - The Customer of record may request
CenturyLink to perform additional testing, and CenturyLink may decide to
perform the requested testing on a case-by-case basis. A nonrecurring charge
wil apply in accordance with Exhibit A, Section 9.20.4.
9.21.3.4 Rates for Splitter Collocation are included in Section 8.1.20 of Exhibit A of
this Agreement.
9.21.3.5 Exhibit A identifies the rates that have been approved by the
Commission. The other rates are interim and wil be subjectto true-up based on either
mutually agreed permanent rates or permanent rates established in a cost proceeding
conducted by the Commission. In the event interim rates are established by the
Commission before permanent rates are set, the interim rates set forth in Exhibit A wil
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9.21.5
9.21.6
Section 9
Unbundled Network Elements
be changed to reflect the interim rates set by the Commission; however, no true up wil
be performed until mutually agreed to permanent rates are established or permanent .rates are established by the Commission. .
Ordering Process
9.21.4.1 Line Splitting
9.21.4.1.1 As a part of the pre-order process, CLEC/DLEC may access Loop
characteristic information through the Loop Qualification and Raw Loop Data
Tools described in the Support Functions Section. The Customer of record wil
determine, in its sole discretion and at its risk, whether to add data services to
any specific Loop.
9.21.4.1.2 The Customer of record wil provide on the LSR, the appropriate
frame terminations that are dedicated to Splitters. CenturyLink will administer all
cross connects/jumpers on the COSMIC/MDF and IDF.
9.21.4.1.3 Basic Installation "lift and lay" procedure wil be used for all Line
Splitting orders. Under this approach, a CenturyLink technician "lifts" the Loop
from its current termination in a CenturyLink Wire Center and "lays" it on a new
termination connecting to CLEC's/DLEC's collocated equipment in the same
Wire Center.
9.21.4.1.4 The Customer of record shall not place orders for Line Splitting
until all work necessary to provision Line Splitting in a given CenturyLink Wire ..
Center, including, but not limited to, Splitter installation and tie cable .
reclassification or augmentation has been completed.
9.21.4.1.5 If the voice service is disconnected on a Line Splitting
arrangement, the Line Splitting arrangement shall terminate. CLEC may arrange
to provide DSL service to the End User Customer through purchase of another
product.
9.21.4.1.6 The Customer of record (the voice service provider) shall submit
the appropriate LSR's associated with establishing Line Splitting.
Billng
9.21.5.1 Intentionally Left Blank.
9.21.5.2 CenturyLink shall bil the Customer of record for all recurring and
nonrecurring Line Splitting rate elements.
Repair and Maintenance
9.21.6.1 CenturyLink wil allow CLEC/DLEC to access Line Splitting at the point
where the combined voice and data Loop is cross-connected to the Splitter.
9.21.6.2 The Customer of record wil be responsible for reporting to CenturyLink .
voice service troubles provided over Line Splitting. CenturyLink wil be responsible to
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repair troubles on the physical line between Network Interface Devices at the Customer
premises and the demarcation point in CenturyLink Wire Centers. CLECIDLEC wil be
responsible for repairing data services provided on Line Splitting. CenturyLink, CLEC
and DLEC each wil be responsible for maintaining its equipment. The entity that
controls the Splitters wil be responsible for their maintenance.
9.21.6.3 Intentionally Left Blank
9.21.6.4 When Splitters are installed in CenturyLink Wire Centers via Common
Area Splitter Collocation, CLEC/DLEC will order and install additional Splitter cards as
necessary to increase the capacity of the Splitters. CLEC/DLEC wil leave one (1)
unused, spare Splitter card in every shelf to be used for repair and maintenance until
such time as the card must be used to fil the shelf to capacity.
9.21.6.5 When Splitters are installed in CenturyLink Wire Centers via standard
Collocation arrangements, CLEC/DLEC may install test access equipment in its
Collocation areas in those Wire Centers for the purpose of testing Line Splitting. This
equipment must meet the requirements for Central Offce equipment set by the FCC.
9.21.6.6 CenturyLink, CLEC and DLEC wil work together to address End User
initiated repair requests and to prevent adverse impacts to the End User.
Customer of Record and Authorized Agents
9.21.7.1 "Customer of record" is defined for purposes of this section as the CLEC
that is providing the voice service. CenturyLink will bil the Customer of Record for Line
Splitting. The Customer of record may designate an authorized agent pursuant to the
terms of sections 9.21.7.2 and 9.21.7.3 to perform Ordering and/or Maintenance and
Repair functions.
9.21.7.2 In order for the authorized agent of the Customer of record to perform
ordering and/or Maintenance and Repair functions, the Customer of record must provide
its authorized agent the necessary access and security devices, including but not limited
to user identifications, digital certificates and SecurlD cards, that wil allow the authorized
agent to access the records of the Customer of record. Such access wil be managed by
the Customer of Record.
9.21.7.3 The Customer of Record shall hold CenturyLink harmless with regard to
any harm to Customer of Record as a direct and proximate result of the acts or
omissions of the authorized agent of the Customer of Record or any other person who
has obtained from the Customer of Record the necessary access and security devices
through the Customer of Record, including but not limited to user identifications,. digital
certificates and SecurlD cards, that allow such person to access the records of the
Customer of Record unless such access and security devices were wrongfully obtained
by such Person through the wilful or negligent behavior of CenturyLink.
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9.22 Intentionally Left Blank
9.23 Unbundled Network Element Combinations .
9.23.1 General Terms
9.23.1.1 CenturyLink shall provide CLEC with non-discriminatory access to
combinations of Unbundled Network Elements, including but not limited to, Enhanced
Extended Loop (EEL), according to the following terms and conditions.
9.23.1.2 CenturyLink wil offer to CLEC UNE Combinations, on rates, terms and
conditions that are just, reasonable and non-discriminatory in accordance with the terms
and conditions of this Agreement and the requirements of Section 251 and Section 252
of the Act, the applicable FCC rules, and other Applicable Laws. The methods of access
to UNE Combinations described in this section are not exclusive. CenturyLink wil make
available any other form of access requested by CLEC that is consistent with the Act
and the regulations thereunder. CLEC shall be entitled access to all combinations
functionality as provided in FCC rules and other Applicable Laws. CenturyLink shall not
require CLEC to access any UNE Combinations in conjunction with any other service or
element unless specified in this Agreement or as required for Technical Feasibility
reasons. CenturyLink shall not place any use restrictions or other limiting conditions on
UNE Combinations accessed by CLEC, except as specified in this Agreement or
required by Existing Rules.
9.23.1.2.1 Changes in law, regulations or other "Existing Rules" relating to
UNEs and UNE Combinations, including additions and deletions of elements ...
CenfuryLink is required to unbundle and/or provide in a UNE Combination, shall ".
be incorporated into this Agreement pursuant to Section 2.2. CLEC and
CenturyLink agree that the UNEs identified in Section 9 are not exclusive and
that pursuant to changes in FCC rules, or the Bona Fide Request process, CLEC
may identify and request that CenturyLink furnish additional or revised UNEs to
the extent required under Section 251(c)(3) of the Act. Failure to list a UNE
herein shall not constitute a waiver by CLEC to obtain a UNE subsequently
defined by the FCC.
9.23.1.2.2 CLEC may Commingle UNEs and combinations of UNEs with
wholesale services and facilities (e.g., switched and special access services
offered pursuant to Tariff, and request CenturyLink to perform the necessary
functions to provision such Commingling.CLEC will be required to provide the
Connecting Facility Assignment (CFA) of CLEC's network demarcation (e.g.,
Collocation or multiplexing facilities) for each UNE, UNE Combination, or
wholesale service when requesting CenturyLink to perform the Commingling of
such services. CenturyLink shall not deny access to a UNE on the grounds that
the UNE or UNE Combination shares part of CenturyLink's network with access
services. All requests for combinations and Commingling wil be subject to the
terms and conditions in Section 9.1. In addition to the UNE Combinations
provided by CenturyLink to CLEC hereunder, CenturyLink shall permit CLEC to
combine any UNE provided by CenturyLink with another UNE provided by
CenturyLink or with compatible network components provided by CLEC or
provided by third parties to CLEC in order to provide Telecommunications
Services. Notwithstanding the foregoing, CLEC can connect its UNE .
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Combination to CenturyLink's Directory Assistance and operator services
platforms.
9.23.1.3 When ordered as combinations of UNEs, Network Elements that are
currently combined and ordered together wil not be physically disconnected or
separated in any fashion except for technical reasons or if requested by CLEC. Network
Elements to be provisioned together shall be identified and ordered by CLEC as such.
When CLEC orders in combination UNEs that are currently interconnected and
functional, such UNEs shall remain interconnected or combined as a working service
without any disconnection or disruption of functionality.
9.23.1.4 When ordered in combination, CenturyLink wil combine for CLEC UNEs
that are ordinarily combined in CenturyLink's network, provided that facilities are
available.
9.23.1.5 When ordered in combination, CenturyLink wil combine for CLEC UNEs
that are not ordinarily combined in CenturyLink's network, provided that facilities are
available and such combination:
9.23.1.5.1 Is Technically Feasible;
9.23.1.5.2 Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with CenturyLink's network; and
9.23.1.5.3 Would not impair CenturyLink's use of its network.
9.23.1.6 When ordered in combination, CenturyLink wil combine CLEC UNEs with
CenturyLink UNEs, provided that facilities are available and such combination:
9.23.1.6.1 Is Technically Feasible;
9.23.1.6.2 Shall be performed in a manner that provides CenturyLink
access to necessary facilities;
9.23.1.6.3 Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with CenturyLink's network; and
9.23.1.6.4 Would not impair CenturyLink's use of its network.
9.23.2 Description
UNE Combinations are available in, but not limited to, the following standard products: EEL,
subject to the limitations set forth below. If CLEC desires access to a different UNE
Combination, CLEC may request access through the Special Request Process set forth in this
Agreement. CenturyLink wil provision UNE Combinations pursuant to the terms of this
Agreement without requiring an amendment to this Agreement, provided that all of the UNEs
included in the combination request, and their associated Biling rate elements are contained in
this Agreement. If CenturyLink develops additional UNE Combination products, CLEC can
order such products without using the Special Request Process, but CLEC may need to submit
a New Customer Questionnaire and execute an amendment before ordering such products.
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9.23.3 Terms and Conditions
9.23.3.1 CenturyLink shall provide non-discriminatory access to UNE
Combinations on rates, terms and conditions that are non-discriminatory, just and
reasonable. The quality of a UNE Combination CenturyLink provides, as well as the
access provided to that UNE Combination, wil be equal between all Carriers requesting
access to that UNE Combination; and, where Technically Feasible, the access and UNE
Combination provided by CenturyLink wil be provided in "substantially the same time
and manner" to that which CenturyLink provides to itself. In those situations where
CenturyLink does not provide access to UNE Combinations itself, CenturyLink will
provide access in a manner that provides CLEC with a meaningful opportunity to
compete.
9.23.3.2 Intentionally Left Blank.
9.23.3.3 Intentionally Left Blank.
9.23.3.4 Intentionally Left Blank.
9.23.3.5 Intentionally Left Blank.
9.23.3.6 Intentionally Left Blank.
9.23.3.7 Enhanced Extended Loop (EEL) -- EEL is a combination of Loop and
dedicated interoffice transport and may also include multiplexing. EEL transport and
Loop facilities may utilze DSO through DS3 bandwidths. The terms and conditions of
Section 9.6 shall apply to the Unbundled Dedicated Interoffce Transport portion of the
EEL. The terms and conditions of Section 9.2 shall apply to the Loop portion of the EEL.
EEL is offered as a conversion from private line/special access or as new installation
subject to the terms of Section 9.1.1.
9.23.3.7.1 Service Eligibility Criteria in Section 9.1.1.10 apply to
combinations of high capacity (DS1 and DS3) Loops and interoffice transport
(high capacity EELs). This includes new UNE EELs, EEL conversions (including
commingled EEL conversions) or new commingled EELs (e.g., high capacity
loops attached to special access transport). CLEC cannot utilize combinations of
Unbundled Network Elements that include DS1 or DS3 Unbundled Loops and
DS1 or DS3 Unbundled Dedicated Interoffice Transport (UDIT) to create high
capacity EELs unless CLEC certifies to CenturyLink that the EELs meet the
Service Eligibility Cnteria in Section 9.1.1.10.
9.23.3.7.2 Intentionally Left Blank.
9.23.3.7.2.1 Intentionally Left Blank.
9.23.3.7.2.2 Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
9.23.3.7.2.3
9.23.3.7.2.4
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9.23.3.7.2.5 Intentionally Left Blank.
9.23.3.7.2.6 Intentionally Left Blank.
9.23.3.7.2.7 Intentionally Left Blank.
9.23.3.7.2.8 Intentionally Left Blank.
9.23.3.7.2.9 Intentionally Left Blank.
9.23.3.7.2.10 Intentionally Left Blank.
9.23.3.7.2.11 CLEC may request the conversion of an existing
private line/special access service to an EEL. Retail and/or resale private
line circuits (including multiplexing) may be converted to EEL if the
conversion is Technically Feasible and they meet the terms of Section
9.1.1. CenturyLink wil provide CLEC with conversions to EELs according
to the standard intervals set forth in Exhibit C. Work performed by
CenturyLink to provide Commingled EELs at CLEC's request or to
provide services that are not subject to standard provisioning intervals wil
not be subject to performance measures and remedies, if any, contained
in this Agreement or elsewhere, by virtue of that service's inclusion in a
requested Commingled EEL service arrangement. Provisioning intervals
applicable to services included in a requested Commingled service
arrangement wil not begin to run until CLEC provides a complete and
accurate service request, necessary CFAs to CenturyLink, and
CenturyLink completes work required to provide for the Commingling that
is in addition to work required to provision the service as a stand-alone
facility or service.
9.23.3.7.2.11.1 Intentionally Left Blank.
9.23.3.7.2.12 EEL is a combination of Loop and dedicated
interoffce transport used for the purpose of connecting an End User
Customer to CLEC's Collocation. EEL can also be ordered as a new
installation of circuits for the purpose of CLEC providing services to End
User Customers.
9.23.3.7.2.12.1
9.23.3.7.2.12.2
Terms and Conditions
Intentionally Left Blank.
9.23.3.7.2.12.3 One (1) end of the interoffice facility of a
high capacity EEL must originate at CLEC's Collocation in a Wire
Center other than the Serving Wire Center of the Loop.
9.23.3.7.2.12.4 EEL combinations consist of Loops and
interoffice transport of the same bandwidth (Point-to-Point EEL).
High capacity point-to-point EELs must originate from CLEC's
Collocation in a Wire Center other than the Serving Wire Center of
the Loop. When multiplexing is requested, EEL may consist of
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Loops and interoffce transport of different bandwidths(multiplexed EEL). .
9.23.3.7.2.12.5 Intentionally Left Blank.
9.23.3.7.2.12.6 Installation intervals are set forth in Exhibit
C and in the Service Interval Guide (SIG) on the following web site
address: http://ww.centuryink.com/carrier/guides/sig/index.html.
9.23.3.7.2.12.7 Intentionally Left Blank.
9.23.3.7.2.12.8 EEL is available only where existing
facilities are available.
9.23.3.7.2.12.9 Rearrangements may be requested for work
to be performed by CenturyLink on an existing EEL or on some
private line/special access circuits when coupled with a
conversion-as-specified request to convert to EEL.
9.23.3.8 Ordering
9.23.3.8.1
9.23.3.8.2
Intentionally Left Blank.
CLEC wil submit EEL orders using the LSR process.
9.23.3.8.3 CenturyLink wil install the appropriate channel card based on .
the DSO EEL Loop LSR order and apply the charges.
9.23.3.8.4 Intentionally Left Blank.
9.23.3.8.5 One (1) LSR is required when CLEC orders Point-to-Point EEL.
Multiplexed EEL and EEL Loops must be ordered on separate LSRs.
9.23.3.8.6 Out of Hours Project Coordinated Installations: CLEC may
request project coordinated installations outside of CenturyLink's standard
installation hours. This permits CLEC to obtain a coordinated installation for EEL
where CLEC requests work to be performed outside of CenturyLink's standard
installation hours. For purposes of this Section, CenturyLink's standard
installation hours are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday,
excluding holidays. Installations commencing outside of these hours are
considered to be out of hours project coordinated installations.
9.23.3.8.6.1 The date and time for the out of hours project
coordinated installation requires up-front planning and shall be negotiated
between CenturyLink and CLEC. All requests wil be processed on a first
come, first served basis and are subject to CenturyLink's abilty to meet a
reasonable demand. Considerations such as volumes, system down
time, Switch upgrades, Switch maintenance, and the possibility of other
CLECs requesting the same appointment times in the same Switch
(Switch contention) must be reviewed..
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9.23.3.8.6.2 To request out of hours project coordinated
installations, CLEC wil submit an LSR designating the desired
appointment time. CLEC must specify an out of hours project
coordinated Installation in the "remarks" section of the LSR.
9.23.3.9 Rate Elements
Exhibit A provides recurring and nonrecurring rates for EEL and also provides
Miscellaneous Charges.
9.23.3.9.1 EEL Loop. The EEL Loop is the Loop connection between the
End User Customer premises and the Serving Wire Center. EEL Loop is
available in DSO, DS1, and DS3 bandwidths. Recurring and nonrecurring
charges apply.
9.23.3.9.2 EEL Transport. EEL Transport consists of the dedicated
interoffice facilities between CenturyLink Wire Centers. EEL Transport is
available in DSO, DS1, and DS3 bandwidths. Recurring charges apply.
9.23.3.9.3 EEL Multiplexing. EEL multiplexing is offered in DS3 to DS1
and DS1 to DSO configurations. EEL multiplexing is ordered with EEL Transport.
Recurring and nonrecurring charges apply.
9.23.3.9.4 DSO Low Side Channelization and DSO MUX Low Side
Channelization. EEL DSO Channel Cards are required for each DSO EEL Loop.
Channel Cards are available for Analog Loop Start, Ground Start, Reverse
Battery, and No Signaling.
9.23.3.9.5 Intentionally Left Blank.
9.23.3.9.6 Rearrangements. Nonrecurring charges apply for work
performed by CenturyLink on an existing EEL or on private line/special access
circuits when coupled with a conversion-as-specified request to convert to EEL.
9.23.3.9.7 Nonrecurring charges apply for conversions of private
line/Special Access to EEL.
9.23.3.9.8 Miscellaneous Charges. The following miscellaneous services,
as described in Section 9.1.12, are available with EEL. Miscellaneous Charges
apply for miscellaneous services.
a) Additional labor - installation Miscellaneous Charges apply for out-
of-hours project coordinated installations scheduled to commence out of
hours, or rescheduled by CLEC to commence out of hours, in addition to
standard nonrecurring charges for the installation
b) Additional labor - other Miscellaneous Charges apply for Optional
Testing
c) Cancellation
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d)Design change
e)Dispatch
f)Expedite
g)Maintenance of Service.
.
9.23.3.10 CLEC may request access to and, where appropriate, development of,
additional UNE Combinations. For UNEs CenturyLink currently combines in its network,
CLEC can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that
CenturyLink does not currently combine, CLEC must use the Bona Fide Request
Process (BFR). In its BFR or SRP request, CLEC must identify the specific combination
of UNEs, identifying each individual UNE by name as described in this Agreement.
9.23.3.11 Intentionally Left Blank.
9.23.3.12 If CLEC is obtaining services from CenturyLink under an arrangement or
agreement that includes the application of termination liability assessment (TLA) or
minimum period charges, and if CLEC wishes to convert such services to UNEs or a
UNE Combination, the conversion of such services wil not be delayed due to the
applicability of TLA or minimum period charges. The applicability of such charges is
governed by the terms of the original agreement, Tariff or arrangement. Nothing herein
shall be construed as expanding the rights otherwise granted by this Agreement or by
law to elect to make such conversions.
9.23.3.13 For installation of new UNE Combinations, CLEC wil not be assessed .
UNE rates for UNEs ordered in combination until access to all UNEs that make up such
combination have been provisioned to CLEC as a combination.
9.23.3.14
9.23.3.15
Intentionally Left Blank.
Intentionally Left Blank.
9.23.3.16 In the event CenturyLink terminates the Provisioning of any UNE
Combination service to CLEC for any reason, CLEC shall be responsible for providing
any and all necessary notice to its End User Customers of the termination. In no case
shall CenturyLink be responsible for providing such notice to CLEC's End User
Customers. CenturyLink shall only be required to notify CLEC of CenturyLink's
termination of the UNE Combination service on a timely basis consistent with
Commission rules and notice requirements.
9.23.3.17 CLEC, or CLEC's agent, shall act as the single point of contact for its End
User Customers' service needs, including without limitation, sales, service design, order
taking, Provisioning, change orders, training, maintenance, trouble reports, repair, post-
sale servicing, Biling, collection and inquiry. CLEC shall inform its End User Customers
that they are End User Customers of CLEC. CLEC's End User Customers contacting
CenturyLink wil be instructed to contact CLEC, and CenturyLink's End User Customers
contacting CLEC wil be instructed to contact CenturyLink. In responding to calls,
neither Party shall make disparaging remarks about each other. To the extent the
correct provider can be determined, misdirected calls received by either Party wil be .
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referred to the proper provider of local Exchange Service; however, nothing in this
Agreement shall be deemed to prohibit CenturyLink or CLEC from discussing its
products and services with CLEC's or CenturyLink's End User Customers who call the
other Party seeking such information.
9.23.4 Rates and Charges
9.23.4.1 The rates and recurring and nonrecurring charges for the individual
Unbundled Network Elements that comprise UNE Combinations are contained in Exhibit
A, and Exhibit A also provides Miscellaneous Charges.
9.23.4.1.1 Recurring monthly charges for each Unbundled Network
Element that comprise the UNE Combination shall apply when a UNE
Combination is ordered.
9.23.4.1.2 Nonrecurring charges, if any, will apply based upon the cost to
CenturyLink of Provisioning the UNE Combination and providing access to the
UNE Combination.
9.23.4.1.3 Miscellaneous Charges wil apply based upon CenturyLink
providing miscellaneous services, if made available, with UNE combination.
9.23.4.2 If the Commission takes any action to adjust the rates previously ordered,
CenturyLink wil make a compliance filing to incorporate the adjusted rates into Exhibit A.
Upon the compliance filing by CenturyLink, the Parties will abide by the adjusted rates
on a going-forward basis, or as ordered by the Commission.
9.23.4.3 CLEC shall be responsible for Billng its End User Customers served over
UNE Combinations for surcharges required of CLEC by statute, regulation or otherwise
required.
9.23.4.4 Intentionally Left Blank.
Intentionally Left Blank.9.23.4.5
9.23.4.6 CenturyLink shall have a reasonable amount of time to implement system
or other changes necessary to bill CLEC for Commission-ordered rates or charges
associated with UNE Combinations.
9.23.5. Ordering Process
9.23.5.1 UNE Combinations and associated products and services are ordered via
an LSR or ASR, as appropriate. Ordering processes are contained in this Agreement
and in the PCAT. The following is a high-level description of the ordering process:
9.23.5.1.1 Intentionally Left Blank.
Intentionally Left Blank.9.23.5.1.2
9.23.5.1.3 Step 1: Complete product questionnaire with account team
representative.
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9.23.5.1.4 Step 2: Obtain Billng Account Number (BAN) through accountteam representative. .
9.23.5.1.5 Step 3: Allow two (2) to three (3) weeks from CenturyLink's
receipt of a completed questionnaire for accurate loading of UNE Combination
rates to the CenturyLink Biling system.
9.23.5.1.6 Step 4: After accunt team notification, place UNE Combination
orders via an LSR or ASR, as appropriate.
9.23.5.1.7 Additional information regarding the ordering processes is located
in the CenturyLink Product Catalog (PCAT).
9.23.5.2 Prior to placing an order on behalf of each End User Customer, CLEC
shall be responsible for obtaining and have in its possession a Proof of Authorization as
set forth in this Agreement.
9.23.5.3 Standard service intervals for each EEL are set forth in Exhibit C. For
UNE Combinations with appropriate retail analogues, CLEC and CenturyLink wil use the
standard Provisioning interval for the equivalent retail service. CLEC and CenturyLink
can separately agree to Due Dates other than the standard intervaL.
9.23.5.4 Due Date intervals are established when CenturyLink receives a
complete and accurate Local Service Request (LSR) or Access Service Request (ASR)
made through the IMA, EDI or Exact interfaces or through facsimile. For EEL, the date
the LSR or ASR is received is considered the start of the service interval if the order is .
received on a business day prior to 3:00 p.m. For EEL, the service interval wil begin on
the next business day for service requests received on a non-business day or after 3:00
p.m. on a business day. Business days exclude Saturdays, Sundays, New Year's Day,
Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and
Christmas Day.
9.23.5.5
9.23.5.6
Intentionally Left Blank.
Intentionally Left Blank.
9.23.5.7 For EELs, CLEC shall provide CenturyLink and CenturyLink shall provide
CLEC with points of contact for order entry, problem resolution, repair, and in the event
special attention is required on service request.
9.23.6 Intentionally Left Blank.
9.23.7 Maintenance and Repair
9.23.7.1 CenturyLink wil maintain facilities and equipment that comprise the
service provided to CLEC as a UNE Combination. CLEC or its End User Customers
may not rearrange, move, disconnect or attempt to repair CenturyLink facilities or
equipment, other than by connection or disconnection to any interface between
CenturyLink and the End User Customer, without the written consent of CenturyLink..
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Unbundled Network Elements.9.24 Loop Splitting
9.24.1 Description
Loop Splitting provides CLEC/DLEC with the opportunity to offer advanced data service
simultaneously with voice service over an existing Unbundled Loop by using the frequency
range above the voice band on the copper Loop. The advanced data service may be provided
by the Customer of Record (the voice service provider) or another data service provider chosen
by the Customer of Record. The Splitter separates the voice and data traffc and allows the
copper Loop to be used for simultaneous DLEC data transmission and CLEC provided voice
service to the End User Customer. "CLEC" wil herein be referred to as the voice service
provider while "DLEC" will be referred to as the advanced data service provider. CLEC and
DLEC may be the same entity.
9.24.1.1 With regard to CenturyLink's current requirement that Loop Splitting be
offered over an existing Unbundled Loop, CenturyLink acknowledges that there are
ongoing industry discussions regarding the Provisioning of Loop Splitting over a new
Unbundled Loop. If as a result of those discussions, a process is developed for Loop
Splitting over a new Loop, CenturyLink wil amend its Agreement to eliminate the
limitation of Loop Splitting to existing Unbundled Loops.
9.24.2 Terms and Conditions
9.24.2.1 General.9.24.2.1.1 CenturyLink is not responsible for providing the Splitter, filter(s)
and/or other equipment necessary for the End User Customer to receive
separate voice and data service across a single copper Loop.
9.24.2.1.2 To order Loop Splitting, CLEC/DLEC must have a Splitter
installed in the CenturyLink Wire Center that serves the End User Customer.
The Splitter must meet the requirements for Central Offce equipment Collocation
set by the FCC or be compliant with ANSI T1.413.
9.24.2.1.3 There may only be one DLEC at any given time that provides
advanced data service on any given Unbundled Loop.
9.24.2.1.4 If Loop Splitting is requested for an analog Loop, the Loop must
be converted to a 2/4 wire non-loaded Loop.
.
9.24.2.1.4.1 The Customer of Record will be able to request
conditioning of the Unbundled Loop. CenturyLink wil perform requested
conditioning of Unbundled Loops to remove load coils and excess
Bridged Taps under the terms and conditions associated with Loop
conditioning contained in Section 9.2 of this Agreement.
9.24.2.1.4.2 If requested conditioning significantly degrades the
existing service over the Unbundled Loop to the point that it is
unacceptable to CLEC, Customer of Record shall pay to convert back to
an analog Loop.
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9.24.2.1.5 Splitters may be installed in CenturyLink Wire Centers at the
discretion of CLEC/DLEC via the standard or Common Area Splitter Collocation .
arrangements set forth in the Collocation Section of this Agreement. Under
either option, Splitters wil be appropriately hard-wired or pre-wired so that points
of termination are kept to a minimum. For Loop Splitting, CenturyLink shall use
the same length of tie pairs as it uses for other split services provided under this
Agreement, except for the additional CLEC-to-CLEC connection, which is
required for Loop Splitting.
9.24.3 Rate Elements
Recurring and nonrecurring charges for the following Loop Splitting rate elements are contained
in Exhibit A, and Exhibit A also provides Miscellaneous Charges.
9.24.3.1 Recurring Rates
9.24.3.1.1 Interconnection Tie Pairs (ITP) - A monthly recurring charge to
recover the costs associated with the use of ITPs.
9.24.3.1.2 ass Charge - A monthly recurring charge to recover the cost of
the ass modifications necessary to provide access to the high frequency portion
of the Unbundled Loop.
9.24.3.2 Nonrecurring Rates
9.24.3.2.1 Basic Installation Charge - A nonrecurring charge for Loop .
Splitting installed wil apply.
9.24.3.3 Miscellaneous Charges. All miscellaneous services as described in
Section 9.1.12 are available with Subloop. Miscellaneous Charges apply for
miscellaneous services.
9.24.3.4 Rates for Splitter Collocation are included in Exhibit A of this Agreement.
9.24.3.5 All of these rates are interim and wil be subject to true-up based on either
mutually agreed permanent rates or permanent rates established in a cost proceeding
conducted by the Commission. In the event interim rates are established by the
Commission before permanent rates are set, the interim rates set forth in Exhibit A wil
be changed to reflect the interim rates set by the Commission; however, no true up wil
be performed until mutually agreed to permanent rates are established or permanent
rates are established by the Commission.
9.24.4 Ordering Process
9.24.4.1 Loop Splitting
9.24.4.1.1 As a part of the pre-order process, CLEC/DLEC may access
Loop characteristic information through the Loop Information Tool described in
the Access to ass Section. The Customer of Record wil determine, in its sole
discretion and at its risk, whether to add data services to any specific Unbundled
Loop..
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Unbundled Network Elements.9.24.4.1.2 The Customer of Record wil provide on the LSR, the
appropriate frame terminations that are dedicated to Splitters. CenturyLink wil
administer all cross connects/jumpers on the COSMIC/MDF and IDF.
9.24.4.1.3 Basic Installation "lift and lay" procedure wil be used for all Loop
Splitting orders. Under this approach, a CenturyLink technician "lifts" the Loop
from its current termination in a CenturyLink Wire Center and "lays" it on a new
termination connecting to CLEC's/DLEC's collocated equipment in the same Wire
Center.
9.24.4.1.4 The Customer of Record shall not place orders for Loop Splitting
until all work necessary to provision Loop Splitting in a given CenturyLink Wire
Center, including, but not limited to, Splitter installation and tie cable
reclassification or augmentation has been completed.
9.24.4.1.5 The Customer of Record shall submit the appropriate LSRs
associated with establishing Unbundled Loop and Loop Splitting.
9.24.4.1.6 If the voice service is disconnected on a Loop Splitting
arrangement, the Loop Splitting arrangement shall terminate. CLEe may
arrange to provide DSL service to the End User Customer through purchase of
another product.
9.24.5 Intentionally Left Blank.9.24.6 Repair and Maintenance
9.24.6.1 CenturyLink wil allow CLEC/DLEC to access Loop Splitting at the point
where the combined voice and data Loop is cross connected to the Splitter.
9.24.6.2 The Customer of Record wil be responsible for reporting to CenturyLink
service troubles provided over Loop Splitting. CenturyLink wil be responsible to repair
troubles on the physical line between Network Interface Devices at the End User
Customer premises and the point of demarcation in CenturyLink Wire Centers.
CenturyLink, CLEC and DLEC each wil be responsible for maintaining its equipment.
The entity that controls the Splitters will be responsible for their maintenance.
9.24.6.3 CenturyLink, CLEC and DLEC wil continue to develop repair and
maintenance procedures for Loop Splitting and agree to document final agreed to
procedures in a methods and procedures document that wil be made available on
CenturyLink's web site.
9.24. 7 Customer of Record and Authorized Agents
9.24.7.1 "Customer of Record" is defined for the purposes of this section as the
voice service provider. CenturyLink wil bil the Customer of Record for Loop Splitting.
The Customer of Record may designate an authorized agent pursuant to the terms of
sections 9.24.7.2 and 9.24.7.3 to perform ordering and/or Maintenance and Repair
functions..9.24.7.2 In order for the authorized agent of the Customer of Record to perform
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ordering and/or Maintenance and Repair functions, the Customer of Record must
provide its authorized agent the necessary access and security devices, including but .
not limited to user identifications, digital certificates and SecurlD cards, that wil allow the
authorized agent to access the records of the Customer of Record. Such access wil be
managed by the Customer of Record.
9.24.7.3 The Customer of Record shall hold CenturyLink harmless with regard to
any harm Customer of Record receives as a direct and proximate result of the acts or
omissions of the authorized agent of the Customer of Record or any other Person who
has obtained from the Customer of Record the necessary access and security devices,
including but not limited to user identifications, digital certificates and SecurlD cards, that
allow such Person to access the records of the Customer of Record unless such access
and security devices were wrongfully obtained by such Person through the wilful or
negligent behavior of CenturyLink.
9.25 Loop-Mux Combination (LMC)
9.25.1 Description
9.25.1.1 Loop-Mux combination (LMC) is an unbundled Loop as defined in
Section 9.2 of this Agreement (referred to in this Section as an LMC Loop)
Commingled with a private line (PL T), or with a special access (SA), Tariffed DS1
or DS3 multiplexed facility with no interoffice transport. The PL T/SA multiplexed
facility is provided as either an Interconnection Tie Pair (ITP) or Expanded
Interconnection Termination (EICT) from the high side of the multiplexer to
CLEC's Collocation. The multiplexer and the Collocation must be located in the .
same CenturyLink Wire Center.
9.25.1.2 LMC provides CLEC with the ability to accss End User
Customers and aggregate DS1 or DSO unbundled Loops to a higher bandwidth
via a PLT/SA DS1 or DS3 multiplexer. There is no interoffice transport between
the multiplexer and CLEC's Collocation.
9.25.1.3 CenturyLink offers the LMC Loop as a billng conversion or as new
provisioning.
9.25.2 Terms and Conditions
9.25.2.1 An Extended Enhanced Loop (EEL) may be commingled with the
PL T/SA multiplexed facility.
9.25.2.2 LMC Loops wil be provisioned where existing facilities are
available.
9.25.2.3 The PL T/SA DS1 or DS3 multiplexed facility must terminate in a
Collocation.
9.25.2.4 The multiplexed facility is subject to all terms and conditions
(ordering, provisioning, and biling) of the appropriate Tariff..
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Unbundled Network Elements.9.25.2.5 The multiplexer and the Collocation must be located in the same
CenturyLink Wire Center.
9.25.2.6 Rearrangements may be requested for work to be performed by
CenturyLink on an existing LMC Loop, or on some private line/special access
circuits, when coupled with a conversion-as-specified request to convert to LMC
Loop.
9.25.3 Rate Elements
Exhibit A provides recurring and nonrecurring rates for LMC and also provides
Miscellaneous Charges.
9.25.3.1 The LMC Loop is the Loop connection between the End User
Customer Premises and the multiplexer in the serving Wire Center where CLEC
is Collocated. LMC Loop is available in DSO and DS1. Recurring and non-
recurring charges apply.
9.25.3.2 DSO Mux Low Side Channelization. LMC DSO channel cards
are required for each DSO LMC Loop connected to a 1/0 LMC multiplexer.
Channel cards are available for analog loop start, ground start, reverse battery,
and no signaling. See channel performance for recurring charges.
9.25.3.3 Nonrecurring charges apply for billng conversions to LMC Loop..9.25.3.4 Nonrecurring charge apply for rearrangements of an existing
LMC Loop, or on some private line/special access circuits, when coupled with a
conversion-as-specified request to convert to LMC Loop.
9.25.3.5 Nonrecurring charges apply for conversion of private line/special
access to LMC.
9.25.3.6 Miscellaneous Charges. The following miscellaneous services,
as described in Section 9.1.12, are available with LMC. Miscellaneous Charges
apply for miscellaneous services.
a) Additional labor - installation Miscellaneous Charges apply for out-
of-hours project coordinated installations scheduled to commence out of
hours, or rescheduled by CLEC to commence out of hours, in addition to
standard nonrecurring charges for the installation
b) Additional labor - other Miscellaneous Charges apply for Optional
Testing
c)Cancellation
d)Design change
e)Dispatch.f)Expedite
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Unbundled Network Elements
g) Maintenance of Service .9.25.4 Ordering Process
9.25.4.1 Ordering processes for LMC Loop(s) are contained in this
Agreement and in CenturyLink's Product Catalog (PCAT). The following isa
high-level description of the ordering process:
9.25.4.1.1 Step 1: Complete product questionnaire for LMC Loop( s)
with account team representative.
9.25.4.1.2 Step 2: Obtain billng account number (BAN) through
account team representative.
9.25.4.1.3 Step 3: Allow two (2) to three (3) weeks from
CenturyLink's receipt of a completed questionnaire for accurate loading of
LMC rates to the CenturyLink biling system.
9.25.4.1.4 Step 4: After account team notification, place LMC Loop
orders via an LSR.
9.25.4.2 Prior to placing an order on behalf of each End User Customer,
CLEC shall be responsible for obtaining and have in its possession a Proof of
Authorization (POA) as set forth in this Agreement.
9.25.4.3 Standard service intervals for LMC Loops are in the Service .
Interval Guide (SIG) available at ww.centurylink.com/wholesale.
9.25.4.4 Due date intervals are established when CenturyLink receives a
complete and accurate LSR made through the IMA or EDI interfaces or through
facsimile. For LMC Loops, the date the LSR is received is considered the start of
the service interval if the order is received on a business day prior to 3:00 p.m.
For LMC Loops, the service interval wil begin on the next business day for
service requests received on a non-business day or after 3:00 p.m. on a
business day. Business days exclude Saturdays, Sundays, New Year's Day,
Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and
Christmas Day.
9.25.4.5 Out of Hours Project Coordinated Installations: CLEC may
request an out of hours project coordinated Installation. This permits CLEC to
obtain a coordinated installation for LMC Loops with installation work performed
by CenturyLink outside of CenturyLink's standard installation hours. For
purposes of this Section, CenturyLink's standard installation hours are 8:00 a.m.
to 5:00 p.m. (local time), Monday through Friday, except holidays. Installations
commencing outside of these hours are considered to be out of hours project
coordinated installations.
9.25.4.5.1 The date and time for the out of hours project coordinated
installation requires up-front planning and shall be negotiated between
CenturyLink and CLEC. All requests wil be processed on a first come,
first served basis and are subject to CenturyLink's ability to meet a .
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.
.
.
9.25.5
9.25.6
Section 9
Unbundled Network Elements
reasonable demand. Considerations such as volumes, system down
time, Switch upgrades, Switch maintenance, and the possibility of other
CLECs requesting the same appointment times in the same Switch
(Switch contention) must be reviewed.
9.25.4.5.2 To request out of hours project coordinated installations,
CLEC wil submit an LSR designating the desired appointment time.
CLEC must specify an out of hours project coordinated Installation in the
"remarks" section of the LSR.
Intentionally Left Blank
Maintenance and Repair
9.25.6.1 CenturyLink wil maintain facilities and equipment for LMC Loops
provided under this Agreement. CenturyLink wil maintain the multiplexed facility
pursuant to the Tariff. CLEC or its End User Customers may not rearrange,
move, disconnect or attempt to repair CenturyLink facilities or equipment, other
than by connection or disconnection to any interface between CenturyLink and
the End User Customer, without the prior written consent of CenturyLink.
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Section 10
Ancilary Services
Section 10.0 - ANCILLARY SERVICES
10.1 Interim Number Portbilty .
10.1.1 Description
10.1.1.1 Interim Number Portability (INP) service is an arrangement that allows an
End User Customer to retain its dialed telephone number when switching to another
service provider. INP service can be provided by CenturyLink to CLEC or by CLEC to
CenturyLink. For the purposes of this section, the Party porting traffic to the other Party
shall be referred to as the "INP Provider" and the Party receiving INP traffic for
termination shall be referred to as the "INP Requestor."
1 0.1.1.2 INP applies to those situations where an End User Customer elects to
transfer to a New Service Provider and such End User Customer also wishes to retain its
existing telephone number. INP consists of INP Provider's provision to the INP
Requestor the capability to route calls placed to telephone numbers assigned to the INP
Provider's Switches to the INP Requestor's Switches. INP is available only for working
telephone numbers assigned to the INP Provider's End User Customers who request to
transfer to the INP Requestor's service. Local Interconnect Service (LIS) is required for
INP.
10.1.1.3 INP is available as INP-Remote Call Forwarding (INP-RCF), Direct
Inward Dialing (DID), and Directory Number Route Index (DNRI) and NXX Migration.
DNRI is available as either direct to an End Office Switch or through a Tandem Switch,
also referred to as DNRI Tandem (RIPH) or portabilty hub. NXX Migration, or Local
Exchange Routing Guide Reassignment, reassigns the entire Central Office Code (NXX)
to CLEC's Switch if the NXX Code is used solely for one (1) End User Customer.
.
10.1.1.4 Remote Call Forwarding (RCF)
10.1.1.4.1 RCF permits a call to an INP Provider's assigned telephone
number to be translated to the INP Requestor's dialable local telephone number.
With the RCF solution, a permanent RCF is established in CenturyLink's Switch
forwarding any incoming call to the telephone number assigned and maintained
in CLEC's Switch.
10.1.1.4.2 INP via RCF also requires office equipment (OE), on a per
telephone number basis. The INP Requestor wil need to provide a forecast of
deployment sites and estimated quantities of ported telephone numbers to assist
in an assessment of available porting methods. Each request for INP via ReF
wil be analyzed by the Infrastructure Availability Center, lAC, to determine if OE
is available.
10.1.1.5 Direct Inward Dialing (DID)
DID permits incoming calls to be ported to the INP Requestor's Switch via a DID trunk
configuration. Each DID trunk group used for INP is dedicated to carrying DID INP traffc
between CenturyLink's End Offce Switch and CLEC's End Office Switch. The traffic on
these trunks cannot overflow to other trunks. In addition, inter-Switch signaling for DID
is limited to multi-frequency (MF). This precludes passing the Callng Line 10 to CLEC's .
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Ancilary Services.End Office Switch. With DID, because there is no SS? capability, there are CLASS
feature limitations. For DID, the INP Provider wil deliver the dialed telephone number to
the INP Requestor's Central Ofce.
10.1.1.6 Directory Number Route Indexing (DNRI)
DNRI permits incoming calls to be ported to the INP Requestor's End Offce Switch via a
route index. A permanent route index is assigned to the End User Customer's ported
telephone number in the INP Providets End Office Switch. The INP Provider wil deliver
the dialed seven digit telephone number to the INP requestots Central Office. INP
Requestor may terminate the call as desired. Additional capacity for simultaneous call
forwarding is available where Technically Feasible. The INP Requestor wil need to
specify the number of simultaneous calls to be forwarded for each telephone number
ported. DNRI Tandem Switch routing requires an additional thirty (30) Days lead time to
establish technical requirements for routing the ported calls.
10.1.2 Terms and Conditions
10.1.2.1 CenturyLink and CLEC will provide INP service in a non-discriminatory
manner and with as little impairment of functioning, quality, reliability and convenience
as possible.
10.1.2.2 CenturyLink wil coordinate INP with Unbundled Loop cutovers in a
reasonable amount of time and with minimum service disruption..10.1.2.3 The Parties shall provide INP on a reciprocal basis to each other to the
extent Technically Feasible, and in accordance with rules and regulations as, from time
to time, prescribed by the FCC and/or the Commission.
10.1.2.4 Until the long term number portability solution, referred to as Local
Number Portability (LNP), is implemented by the industry pursuant to regulations issued
by the FCC or the Commission, the Parties agree to provide INP to each other through
RCF, DID, DNRI and NXX migration. Local Interconnect Service (LIS) is required for
INP.
10.1.2.5 Once Local Number Portabilty has been implemented within a Wire
Center, INP wil no longer be available for ordering within that Wire Center.
10.1.2.6 Upon LNP implementation, the INP offerings wil be withdrawn subject to
advance notice to the other Party. Both Parties wil conform to the Western Region LNP
Technical and Operations team guidelines and agreements for completion of INP to LNP
conversion activity.
10.1.2.? The INP Requestor's designated INP End Office Switch must return
answer and disconnect supervision to the INP Provider's End Ofce Switch.
.
10.1.2.8 The INP Requestor wil provide to the E911 database provider the
network telephone number that the INP Requestor assigned to the INP Provider-
assigned, ported telephone number. Updates to and maintenance of the INP
information to the E911 database are the responsibilty of the INP Requestor. For
consistency in administration, the INP Requestor shall enter into a separate agreement
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Ancilary Servces
with the E911 database provider.
10.1.2.9 CenturyLink wil update its Line Information Database (LIDS) listings for
ported telephone numbers as directed by CLEC. CenturyLink wil restrict or cancel
calling cards associated with these ported telephone numbers. LIDS updates shall be
completed by the Parties on the same business day each INP arrangement is activated.
.
10.1.2.10 An INP telephone number may be assigned by INP Requestor only to the
INP Requestor's End User Customers located within the INP Provider's Local Callng
Area and toll rating area that is associated with the NXX Code of the ported telephone
number.
10.1.2.11 INP is applicable only if the INP Requestor is engaged in a reciprocal
traffic exchange arrangement with the INP Provider.
10.1.2.12 Only the existing INP Provider assigned End User Customer telephone
number may be used as a ported telephone number for INP.
10.1.2.13 An INP telephone number must be active and assigned to an End User
Customer to accommodate INP.
10.1.2.14 INP services shall not be re-sold, shared or assigned by either Party to
another LEC or CLEC.
10.1.2.15 INP is not offered for NXX Codes 555, 976, 960, and coin telephones,
and Service Access Codes (i.e., 500, 700, 8XX, 900). INP is not available for Feature .
Group A seven-digit telephone numbers, including Foreign Exchange. Furthermore, INP
telephone numbers may not be used for mass callng events.
10.1.2.16 The ported telephone number wil be returned to the End Office Switch
which originally had the ported telephone number when the End User Customer
disconnects service from the INP Requestor. The INP Requestor shall not retain it and
reassign it to another End User Customer. The normal intercept announcement wil be
provided by the INP Provider for the period of time until the telephone number is
reassigned by the INP Provider.
10.1.2.17 Forecasts for INP must be included in the forecasting process detailed in
Section 7 of this Agreement.
10.1.2.18 NXX Migration, or Local Exchange Routing Guide Reassignment,
reassigns the entire Central Offce Code (NXX) to CLEC's End Ofice Switch if the NXX
Code is used solely for one (1) End User Customer. Where one Party has activated an
entire NXX Code for a single End User Customer, or activated a substantial portion of an
NXX Code for a single End User Customer with the remaining telephone numbers in that
NXX Code either reserved for future use or otherwise unused, if such End User
Customer chooses to receive service from the other Part, the first Part shall cooperate
with the second Party to have the entire NXX Code reassigned to an End Office Switch
operated by the second Party through the NANP administrator. In addition, both Parties
agree to cooperate in arranging necessary updates and industry notification in the LERG
(and associated industry databases, routing tables, etc.). Such transfer wil be
accomplished with appropriate coordination between the Parties and subject to .
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Ancilary Services.appropriate industry lead-times (as identified in the LERG guidelines and the Central
Office Code Administration guidelines) for movement of NXX Codes from one End Office
Switch to another. Other applications of NXX Code migration wil be discussed by the
Parties as circumstances arise.
10.1.3 Ordering
10.1.3.1 Both Parties shall comply with ordering standards as developed by the
industry. INP service is ordered via a Local Service Request and associated Number
Portability forms. Specific details regarding the ordering of INP service is contained in
the PCAT.
10.1.3.2 CLEC may order INP service either manually or through an electronic
interface. The electronic gateway solution for ordering service is described in Section 12
of this Agreement.
10.1.3.3 Service intervals for INP are described below. These intervals apply
when facilities and network capacity is available. Where facilities or network capacity is
not available, intervals are on an Individual Case Basis (ICB). Orders received after
3:00 P.M. are considered the next business day. The following service intervals have
been established for Interim Number Portability:
Number of Lines Interval
Simple (1 FR/1 FB).1-49 lines 3 business days
50 or more lines ICB
Complex (PBX Trunks/ISDN)
1-8 lines or trunks 5 business days
9-16 lines or trunks 6 business days
17-24 lines or trunks 7 business days
25 or more lines or trunks ICB
Centrex
1-10 lines 5 business days
11-20 lines 10 business days
21 or more lines ICB
Out of Hours Conversions
Any quantity ICB
10.1.3.4 CenturyLink wil provide FOCs to CLECs within a reasonable time, no
later than 48 hours after receipt of complete and accurate orders for regular POTS or
simple business End User Customers. The FOC interval for all other complex orders wil
be within a reasonable time, no later than 8 business days from receipt of complete and
accurate orders. The FOC for ICB orders wil reflect an ICB FOC date.
.10.1.3.5 For purposes of this Section, CenturyLink's normal business hours are
7:00 a.m. to 7:00 p.m., local time, Monday through Friday. CLEC may also request a
Frame Due Time (FDT) of 5:00 a.m. as a normal business hour, Monday through Friday.
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Requests for Frame Due Times other than the 5:00 a.m. or 7:00 a.m. to 7:00 p.m.
normal business hours shall be considered an out of hours cut. .
10.1.3.6 CLEC shall request service within the normal business hours by
submitting a Local Service Request (LSR) and designating the requested Frame Due
Time. Requests for Frame Due Times within normal business hours will be proactively
managed by CenturyLink to ensure that the Frame Due Time is met.
10.1.3.7 Out of Hours Cut
10.1.3.7.1 Out-of-hours cuts permit CLEC to select either a coordinated or
non-coordinated cut for INP service outside of CenturyLink's normal business
hours. For planning purposes, CLEC shall provide CenturyLink with a forecast of
out-of-hours coordinated cuts at least two weeks prior to CLEC placing an order
in a particular state. Forecasts should include the anticipated Frame Due Times
and volumes to be ported out of hours.
10.1.3.7.2 CLEC shall request out of hours cuts by submitting a Local
Service Request (LSR) and designating the desired FDT outside of the normal
business hours. In the Remarks section of the LSR, CLEC must specify an Out
of Hours cut and the type of cut (coordinated or non-coordinated).
10.1.3.7.3 The date and time for the coordinated cut may need to be
negotiated between CenturyLink and CLEC because of system downtime, Switch
upgrades, Switch maintenance, and the possibilty of other CLECs requesting the
same FDT in the same Switch (Switch contention). Because of this up-front .
coordination and FDT negotiation efforts, Firm Order Confirmation (FOC) of the
FDT wil require additional time. In the event that this situation would occur,
CenturyLink will negotiate with CLEC to provide the FOC within a reasonable
time frame.
10.1.3.7.4 Non-Coordinated Out of Hours Cut
10.1.3.7.4.1 CLEC shall request out of hours non-coordinated
cuts by submitting a LSR and designating a 1:00 a.m. FDT (Due Date)
which is outside of the normal business hours. Non-coordinated cuts
allow CLEC to request a CenturyLink FDT of 1 :00 a.m. where the actual
cut occurs between the hours of 1 :00 a.m. and 7:00 a.m., with the cut
completed by 7:30 a.m. of that Day (if the requested date is a business
day, or by 7:30 a.m. of the next business day).
10.1.3.7.4.2 Conversion desk activities and escalation processes
for non-coordinated out of hour cuts are accmplished during the
business day prior to the cut.
10.1.3.7.4.3 CLEC wil not incur additional charges for non-
coordinated out of hours cuts.
10.1.3.7.5 Coordinated Out of Hours Cut
10.1.3.7.5.1 CLECs shall request a coordinated out of hours cut .
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Ancilary Services.by submitting a LSR and designating the requested FDT.
10.1.3.7.5.2 Out of hours coordinated cuts wil be managed by a
CenturyLink project manager. Coordination of this effort requires an up-
front internal planning session. Any changes to the original FDT wil be
negotiated with CLEC and wil occur prior to issuing an FOC.
10.1.3.7.5.3 CLEC wil incur additional charges for coordinated
out of hours cuts.
10.1.3.8 End User Customer Impacts
.
10.1.3.8.1 The INP Requestor is responsible for all dealings with and on
behalf of its End User Customers, including all End User Customer account
activity (e.g., End User Customer inquiries and complaints).
10.1.3.8.2 Each Party is responsible for obtaining a Proof of Authorization
from its End User Customers who request a transfer of the End User Customer's
telephone number from the other Party.
10.1.3.8.3 The INP Provider wil work cooperatively with the INP Requestor
to ensure a smooth End User Customer transition and to provide for coordination
with other facilities (e.g., Loops).
10.1.3.8.4 If an End User Customer requests transfer of service from the
INP Requestor back to the INP Provider, the INP Provider may rely on that End
User Customer request to institute cancellation of the INP service. The INP
Provider wil provide at least 48 hours notice to the INP Requestor of the
cancellation of INP service, and wil work cooperatively with the INP Requestor to
ensure a smooth End User Customer transition and to provide for coordination
with other facilties (e.g., Loops).
10.1.3.8.5 The INP Requestor will submit to the INP Provider a disconnect
order for each ported telephone number that is relinquished by the INP
Requestor's End User Customers. CenturyLink wil provide an electronic
interface for the purpose of ordering INP service. This interface may be
accomplished by either a GUI (Graphical User Interface) or EDI (Electronic Data
Interchange).
10.1.4 Maintenance and Repair
10.1.4.1 CLEC is responsible for its own End User Customers and wil have the
responsibility for resolution of any service trouble report(s) from its End User Customers.
End User Customers of CLEC wil be instructed to report all cases of trouble to their
Service Provider.
.
10.1.4.2 CLEC and CenturyLink wil provide to their respective End User
Customers the correct telephone numbers to call for access to their respective repair
bureaus. CLEC and CenturyLink wil provide their repair contact telephone numbers to
one another on a reciprocal basis.
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Ancilary Services
10.1.4.3 CenturyLink wil work cooperatively with CLEC to resolve trouble reports
when the trouble condition has been isolated and found to be within a portion of the .
CenturyLink network. CenturyLink wil perform standard tests to isolate and repair the
trouble. For INP trouble reports, CenturyLink wil not be responsible for testing the
Unbundled Loop leased by CLEC.
10.1.4.4 The trouble ticket wil be closed by the functional group that corrected the
trouble. This group wil also contact CLEC to inform them that the ticket has been
closed. Current trouble codes and analysis codes wil be entered to the trouble ticket.
10.1.5 Rate Elements
10.1.5.1 INP Rate Elements
In accordance with Commission requirements, CenturyLink recovers an appropriate
allocation of its INP costs through charges to CLEC for each NXX Code assigned to
CLEC. Per Commission Orders, a true-up will be completed semi-annually. The true-up
is a mechanism for readjusting the monthly charge based on forecasted quantities, to
account for actual quantities during the year. The Parties wil comply with the FCC rules
and Commission decisions on cost recovery for Interim Number Portability. Exhibit A of
this Agreement contains Interim Number Portability rates.
10.1.5.1.1 In accordance with Commission requirements, CenturyLink
recovers an appropriate allocation of its INP costs through charges to CLEC for
each NXX Code assigned to CLEC. Per Commission Orders, a true-up wil be
completed semi-annually. The true-up is a mechanism for readjusting the . .
monthly charge based on forecasted quantities, to account for actual quantities .
during the year.
10.1.5.1.2 Charges for Coordinated Out of Hours Cuts. Charges for
coordinated out of hours cuts shall be based upon actual hours worked at
CenturyLink's overtime rate, time and one-half rates for timeframes outside of
CenturyLink's normal hours except for Sundays and Holidays. Charges for
coordinated out of hours cuts on Sundays and Holidays shall be based upon
CenturyLink's overtime premium rate, which is double time. Overtime rates wil
be multiplied by the number of CenturyLink personnel actively participating in the
cut, multiplied by the number of hours required for the cut. Exhibit A of this
Agreement contains overtime rates for coordinated out of hours cuts.
10.1.5.1.2.1 CenturyLink wil schedule the appropriate number of
employees prior to the cut, based upon information provided by CLEC. If
such information requires modification during the cut and, as a result,
non-scheduled employees are required, CLEC shall be charged a four
hour minimum callout.
10.1.5.2 Switched Access Revenues. CenturyLink wil comply with the FCC and
Commission rules regarding the sharing of terminating Switched Access revenues.
Once the End Offce Switch is converted to long term number portabilty (LNP), CLEC
has the ability to directly bil the Interexchange Carrier, and no sharing of terminating
Switched Access revenues is required..
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Ancilary Services.10.1.5.2.1 The Switched Access rate elements are identified in
CenturyLink's Switched Access Tariff.
10.1.5.2.2 CenturyLink will use ARMIS data to determine the average
Minutes of Use (MOU) by jurisdiction. ARMIS data is updated on a yearly basis.
10.1.5.2.3 The number of lines to be used in determining the amount of
terminating Switched Access wil be extracted from the CenturyLink corporate
data warehouse once each month. This database contains biled information for
posted orders.
10.1.5.2.4 The calculation of the terminating Switched Access charges,
along with the appropriate data for the preceding month wil be provided to CLEC
to support the payment. CenturyLink wil pay the pass through amounts to CLEC
within one month. Disputes wil be processed as though this credited amount
were a billed amount under this Agreement.
10.2 Local Number Portabilty
10.2.1 Description
.
10.2.1.1 Local Number Portability (LNP) is defined by the FCC as the ability of
users of Telecommunications Services to retain, at the same location, existing
Telecommunications numbers without impairment of quality, reliability, or convenience
when switching from one Telecommunications Carrier to another. CenturyLink wil allow
CLEC to port telephone numbers for its End User Customers in the same manner as
CenturyLink ports telephone numbers for CenturyLink End User Customers. CLEC may
port telephone numbers into and out of CenturyLink End Offce Switches on behalf of an
End User Customer using the FCC rules and industry guidelines as described in the
following Sections.
10.2.1.2 CenturyLink uses the Location Routing Number (LRN) architecture.
Under the LRN architecture, each End Office Switch is assigned a unique ten-digit LRN,
the first six digits of which identify the location of that End Office Switch. The LRN
technology is a triggering and addressing method which allows the re-homing of
individual telephone numbers to other End Offce Switches and ensures the proper
routing of calls to ported telephone numbers through the use of a database and the
signaling network. The LRN solution interrupts call processing through the use of an
Advanced Intellgent Network (AIN) trigger, commonly referred to as the LRN trigger.
During this interruption, a query is launched to the LNP database in the signaling
network and the call is re-addressed using the LRN information for the ported telephone
number. The LRN will route the call to the proper End Offce Switch destination. The
actual routing of the call with either the dialed telephone number, for calls to non-ported
telephone numbers, or the LRN, for calls to ported telephone numbers, observes the
rules, protocols and requirements of the existing Public Office Dialing Plan (PODP).
10.2.2 Terms and Conditions
.10.2.2.1 CenturyLink wil provide Local Number Portability (LNP), also known as
long-term number portability, in a non-discriminatory manner in compliance with the
FCC's rules and regulations and the guidelines of the FCC's North American Numbering
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Council's (NANC) Local Number Portability Administration (LNPA) Working Group and
the Industry Numbering Committee (INC) of the Allance for Telecommunications .
Industry Solutions (ATIS). Unless specifically excluded in Section 10.2.2.6, all telephone
numbers assigned to an End User Customer are available to be ported through LNP.
Mass callng events shall be handled in accordance with the industry's non-LRN
recommendation (NANC's High Volume Call-In Networks dated February 18,1998).
10.2.2.2 Each Party shall use reasonable efforts to facilitate the expeditious
deployment of LNP. The Parties shall comply with the processes and implementation
schedules for LNP deployment prescribed by the FCC. In accordance with industry
guidelines, the publications of LNP capable End Offce Switches and the schedule and
status for future deployment wil be identified in the Local Exchange Routing Guide
(LERG).
10.2.2.3 In connection with the provision of LNP, the Parties agree to support and
comply with all relevant requirements or guidelines that are adopted by the FCC, or that
are agreed to by the Telecommunications industry as a national industry standard.
10.2.2.4 CenturyLink wil coordinate LNP with Unbundled Loop cutovers in a
reasonable amount of time and with minimum service disruption, pursuant to Unbundled
Loop provisions identified in Section 9 of this Agreement. CLEC wil coordinate with
CenturyLink for the transfer of the CenturyLink Unbundled Loop coincident with the
transfer of the End User Customer's service to CenturyLink in a reasonable amount of
time and with minimum service disruption. For coordination with Loops not associated
with CenturyLink's Unbundled Loop offering, CLEC may order the LNP managed cut, as
described in Section 10.2.5.4..
10.2.2.4.1 Parties understand that LNP order activity must be coordinated
with facilties cutovers in order to ensure that the End User Customer is provided
with uninterrupted service. If the Part porting the telephone number
experiences problems with its port or provision of its Loop, and needs to delay or
cancel the port and any Loop disconnection, that Party shall notify the other Part
immediately. Parties wil work cooperatively and take prompt action to delay or
cancel the port and any Loop disconnection in accordance with industry (LNPA's
National Number Porting Operations Team), accepted procedures to minimize
End User Customer service disruptions.
10.2.2.4.2 Parties shall transmit a port create subscription or port
concurrence message to the NPAC, in accordance with the FCC's LNPA
Working Group's guidelines. CenturyLink wil routinely send a concurrence
message within the time frames established by the industry.
10.2.2.5 The Parties agree to implement LNP within the guidelines set forth by the
generic technical requirements for LNP as specified in Section 21 of this Agreement.
10.2.2.6 Neither Party shall be required to provide Local Number Portability for
telephone numbers that are excluded by FCC rulings (e.g. 500 and 900 NPAs, 950 and
976 NXX number services).
10.2.2.7 After an End Offce Switch becomes equipped with LNP, all NXXs
assigned to that End Offce Switch wil be defined as portable, to the extent Technically .
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Ancilary Services.Feasible, and translations will be changed in each Party's Switches so that the portable
NXXs are available for LNP database queries. When an NXX is defined as portable, it
wil also be defined as portable in all LNP-capable End Office Switches that have direct
trunks to the End Office Switch associated with the portable NXX.
10.2.2.8 Each Party shall offer Local Number Portability to End User Customers
for any portion of an existing DID block without being required to port the entire block of
DID telephone numbers. Each Party shall permit End User Customers who port a
portion of DID telephone numbers to retain DID service on the remaining portion of the
DID telephone numbers.
10.2.2.9 At the time of porting a telephone number via LNP from CenturyLink,
CenturyLink shall ensure that the L1DB entry for that telephone number is de-provisioned
if the CenturyLink L1DB isnot being used by CLEC.
10.2.2.10 Both Parties agree to follow the LNP End Office Switch request process
established by the Parties and in compliance with industry guidelines.
.
10.2.2.11 NXX Migration, or Local Exchange Routing Guide Reassignment,
reassigns the entire Central Offce Code (NXX) to CLEC's End Office Switch if the code
is used solely for one End User Customer. Where one Party has activated an entire
NXX for a single End User Customer, or activated a substantial portion of an NXX for a
single End User Customer with the remaining telephone numbers in the NXX either
reserved for future use or otherwise unused, if such End User Customer chooses to
receive service from the other Party, the first Party shall cooperate with the second Part
to have the entire NXX reassigned to an End Office Switch operated by the second Party
through the NANP administrator. In addition, both Parties agree to cooperate in
arranging necessary updates and industry notification in the LERG (and associated
industry databases, routing tables, etc.). Such transfer will be accomplished with
appropriate coordination between the Parties and subject to appropriate industry lead-
times (as identified in the LERG and the Central Offce Code Administration guidelines)
for movement of NXXs from one End Office Switch to another. Other applications of
NXX migration wil be discussed by the Parties as circumstances arise.
10.2.2.12 In connection with all LNP requests, the Parties agree to comply with the
National Emergency Number Association (NENA) recommended standards for service
provider Local Number Portability (NENA-02-011), as may be updated from time to time,
regarding unlocking and updating End User Customers' telephone number records in the
911/Automatic Location Information (ALI) database. The Current Service Provider shall
send the 911 unlock record on the completion date of the order to the 911 database
administrator.
10.2.2.13 Porting of Reserved Numbers. The End User Customers of each Part
may port Reserved Numbers from one Party to the other Party via LNP. CenturyLink will
port telephone numbers previously reserved by the End User Customer via the
appropriate retail Tariffs until these reservations expire. CenturyLink wil reserve
telephone numbers in accordance with the FCC's rules.
.10.2.2.14 Limits on Subscriber Relocation. CenturyLink and CLEC agree that an
End User Customer may geographically relocate at the same time as it ports its
telephone number, using LNP, to the New Service Provider; provided, however, that the
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Current Service Provider may require that the End User Customer's relocation at the
time of the port to the New Service Provider be limited to the geographic area .
represented by the NXX of the ported telephone number. The Current Service Provider
may not impose a relocation limitation on the New Service Provider or the New Service
Provider's subscribers that is more restrictive than that which the Current Service
Provider would impose upon its own subscribers with telephone numbers having the
same NXX as the telephone number(s) being ported. In addition, the Current Service
Provider may not impose any restrictions on relocation within the same Rate Center by a
ported End User Customer while that End User Customer is served by the New Service
Provider.
10.2.3 Service Management System
10.2.3.1 Each Party shall sign the appropriate NPAC user agreement(s) and
obtain certification from the appropriate NPAC administrator(s) that the Party or the
Party's Service Order Administration (SOA) and Local Service Management System
(LSMS) vendor(s) has systems and equipment that are compatible with the NPAC'sestablished protocols and that the application of such systems and equipment is
compatible with the NPAC.
10.2.3.2 Each Party shall cooperate to faciltate the administration of the SMS
through the process prescribed in the documents referenced in Section 21.
10.2.4 Database and Query Services
10.2.4.1 The LNP database provides the call routing information used by .
CenturyLink's End Offce Switches and Tandem Switches to route CLEC's End User . _ .
Customer's calls to a ported telephone number or to terminate calls to CLEC's End User
Customers using a ported telephone number. CenturyLink shall perform default LNP
queries where CLEC is unable to perform its own query. CLEC shall perform default
LNP queries where CenturyLink is unable to perform its own query. CenturyLink query
services and charges are defined in FCC Tariff #5, including End Offce and Tandem
Switch Default Query Charges which are contained in Tariff Section 13 (Miscellaneous
Service) and Database Query Charges which are contained in Tariff Section 20 (CCSAC
Service Applications).
10.2.4.2 For local calls to a NXX in which at least one (1) telephone number has
been ported via LNP at the request of CLEC, the Party that owns the originating Switch
shall query an LNP database as soon as the call reaches the first LNP-capable Switch in
the call path. The Party that owns the originating Switch shall query on a local call to a
NXX in which at least one (1) telephone number has been ported via LNP prior to any
attempts to route the call to any other Switch. Prior to the first telephone number in a
NXX being ported via LNP at the request of CLEC, CenturyLink may query all calls
directed to the NXX, subject to the Biling provisions as discussed in Section 10.2.4.1
and provided that CenturyLink queries shall not adversely affect the quality of service to
CLEC's End User Customers as compared to the service CenturyLink provides its own
End User Customers.
10.2.4.3 A Party shall be charged for a LNP query by the other Party only if the
Party to be charged is the N-1 Carrier and it was obligated to perform the LNP query but .
failed to do so. Parties are not obligated to perform the LNP query prior to the first port
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Ancilary Services.requested in a NXX.
10.2.4.4 On calls originating from a Party's network, the Party wil populate, if
Technically Feasible, the Jurisdiction Information Parameter (JIP) with the first six digits
of the originating LRN in the SS? Initial Address Message.
10.2.4.5 Each Party shall cooperate in the process of porting telephone numbers
from one Carrier to another so as to limit service outage for the ported End User
Customer. CenturyLink shall update its LNP database from the NPAC SMS data within
fifteen (15) minutes of receipt of a download from the NPAC SMS.
10.2.5 Ordering
10.2.5.1 Both Parties shall comply with industry ordering standards, NANC LNP
Process Flows, LNPA-WG Best Practices as developed by the industry, and appropriate
Commission and FCC Porting Orders. The Parties wil do so on a reciprocal basis so
that end users of both parties are allowed to port their numbers in accordance with FCC
mandate and Commission rules without undue delay or hardship. LNP service is
ordered via a Local Service Request and associated LNP forms. CLEC may order LNP
either manually or through an electronic interface. The electronic gateway solution for
ordering service is described in Section 12 of this Agreement.
.
10.2.5.2 Standard Due Date Intervals. Service intervals for both Parties for LNP
are located in the CenturyLink Service Interval Guide (SIG). Additional information can
be found in the Product Catalog for LNP. These intervals include the cutoff times for
order receipt and the time for Firm Order Confirmation (FOC).
10.2.5.3 Most LNP order activity is flow-through, meaning that the ten (10) digit
unconditional trigger, or Line Side Attribute (LSA) trigger, can be set automatically.
CLEC may request any Due Date/Frame Due Time (DD/FDT) where the trigger can be
set automatically, although there may be some instances when CenturyLink or the
Number Portability Administration Center/Service Management System (NPAC/SMS)
wil provide prior electronic notice of specific blocks of time which cannot be used as a
DD/FDT due to scheduled maintenance or other circumstances. If the DD/FDT on a
flow-though cut is outside CenturyLink's normal business hours for LNP, CenturyLink wil
have personnel available in the repair center to assist in the event that CLEC
experiences problems during the cut. In addition, CenturyLink allows CLEC to request a
managed cut on a 24 X ? basis in those situations where a cut would otherwise have
been flow-through, but where CLEC has a business need to have CenturyLink personnel
dedicated to the cut. The terms and conditions for managed cuts are described in
10.2.5.4.
.
10.2.5.3.1 CenturyLink wil set the ten (10) digit unconditional trigger for
telephone numbers to be ported, unless technically infeasible, by 11 :59 p.m.
(local time) on the business day preceding the scheduled port date. (A 10-digit
unconditional trigger cannot be set for DID services in AXE10 and DMS10 End
Offce Switches thus managed cuts are required, at no charge.) The ten (10)
digit unconditional trigger and End Offce Switch translations associated with the
End User Customer's telephone number will not be removed, norwill CenturyLink
disconnect the End User Customer's Billng and account information, until 11 :59
p,m. (local time) of the next business day after the Due Date. CLEC is required
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to make timely notifications of Due Date changes or cancellations by 8:00 p.m.
(mountain time) on the Due Date through a supplemental LSR order. In the .
event CLEC does not make a timely notification, CLEC may submit a late
notification to CenturyLink as soon as possible but in no event later than 12:00
p.m. (mountain time) the next business day after the Due Date to CenturyLink's
Interconnect Service Center in the manner set forth below. For a late notification
properly submitted, CenturyLink agrees to use its best efforts to ensure that the
End User Customer's service is not disconnected prior to 11 :59 p.m. of the next
business day following the new Due Date or, in the case of a cancellation, no
disruption of the End User Customer's existing service. Late notifications must
be made by callng CenturyLink's Interconnect Service Center followed by CLEC
submitting a confirming supplemental LSR order.
10.2.5.4 LNP Managed Cut With CLEC-Provided Loop: A managed cut permits
CLEC to select a project managed cut for LNP. Managed cuts are offered on a 24 X 7 ,
basis.
10.2.5.4.1 The date and time for the managed cut requires up-front
planning and may need to be coordinated between CenturyLink and CLEC. All
requests wil be processed on a first come, first served basis and are subject to
CenturyLink's ability to meet a reasonable demand. Considerations such as
system downtime, Switch upgrades, Switch maintenance, and the possibilty of
other CLECs requesting the same FOT in the same End Office Switch (Switch
contention) must be reviewed. In the event that any of these situations would
occur, CenturyLink wil coordinate with CLEC for an agreed upon FOT, prior to
issuing the Firm Order Confirmation (FOC). In special cases where a FOT must .
be agreed upon, the interval to reach agreement wil not exceed two (2) days. In
addition, standard intervals wil apply.
10.2.5.4.2 CLEC shall request a managed cut by submitting a Local
Service Request (LSR) and designating this order as a managed cut in the
remarks section of the LSR form.
10.2.5.4.3 CLEC wil incur additional charges for the managed cut
dependent upon the FOT. The rates are based upon whether the request is
within CenturyLink's normal business hours or out of hours. CenturyLink's
normal business hours are 7:00 a.m. to 7:00 p.m., End User Customer local time,
Monday through Friday. The rate for managed cuts during normal business
hours is the standard rate. The rate for managed cuts out of hours, except for
Sundays and Holidays, is the overtime rate. Sundays and Holidays are at
premium rate.
10.2.5.4.4 Charges for managed cuts shall be based upon actual hours
worked in one-half (%) hour increments. Exhibit A of this Agreement contains the
rates for managed cuts. CLEC understands and agrees that in the event CLEC
does not make payment for managed cuts, unless disputed as permitted under
Section 5.4 of this Agreement, CenturyLink shall not accept any new LSR
requests for managed cuts.
10.2.5.4.5 CenturyLink wil schedule the appropriate number of employees ..
prior to the cut, normally not to exceed three (3) employees, based upon
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Ancilary Services.information provided by CLEC. CLEC wil also have appropriate personnel
scheduled for the negotiated FDT. If CLEC's information is modified during the
cut, and, as a result, non-scheduled employees are required, CLEC shall be
charged a three (3) hour minimum callout charge per each additional non-
scheduled employee. If the cut is either cancelled, or supplemented to change
the Due Date, within twenty-four (24) hours of the negotiated FDT, CLEC wil be
charged a one person three (3) hour minimum charge. If the cut is cancelled due
to a CenturyLink error or a new Due Date is requested by CenturyLink within
twenty-four (24) hours of the negotiated FDT, CenturyLink may be charged by
CLEC one person three (3) hour minimum charge as set forth in Exhibit A.
10.2.5.4.6 In the event that theLNP managed cut conversion is not
successful, CLEC and CenturyLink agree to isolate and fix the problem in a
timeframe acceptable to CLEC or the End User Customer. If the problem cannot
be corrected within an acceptable timeframe to CLEC or the End User Customer,
CLEC may request the restoral of CenturyLink service for the ported End User
Customer. Such restoration shall begin immediately upon request. If CLEC is in
error then a supplemental order shall be provided to CenturyLink. If CenturyLink
is in error, no supplemental order or additional order wil be required of CLEC.
.
10.2.5.4.7 CenturyLink shall ensure that any LNP order activity requested
in conjunction with a managed cut shall be implemented in a manner that avoids
interrupting service to the End User Customer, including, without limitation,
ensuring that the End User Customer's CenturyLink Loop will not be
disconnected prior to confirmation that CLEC's Loop has been successfully
installed.
10.2.6 Maintenance and Repair
10.2.6.1 Each Part is responsible for its own End User Customers and wil have
the responsibilty for resolution of any service trouble report(s) from its End User
Customers. End User Customers wil be instructed to report all cases of trouble to their
Current Service Provider.
10.2.6.2 Each Party wil provide its respective End User Customers the correct
telephone numbers to call for access to its respective repair bureau. Each Party wil
provide its repair contact telephone numbers to one another on a reciprocal basis.
10.2.6.3 CenturyLink will work cooperatively with CLEC to isolate and resolve
trouble reports. When the trouble condition has been isolated and found to be within a
portion of the CenturyLink network, CenturyLink wil perform standard tests and isolate
and repair the trouble within twenty-four (24) hours of receipt of the report.
10.2.6.4 CenturyLink wil proactively test new Switch features and service offerings
to ensure there are no problems with either the porting of telephone numbers or calls
from CenturyLink End User Customers to CLEC End User Customers with ported
telephone numbers or vice versa.
10.2.7 Rate Elements.10.2.7.1 CenturyLink wil comply with FCC and Commission rules on cost recovery
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for Local Number Portability..10.3 911/E911 Service
10.3.1 Description
10.3.1.1 911 and E911 provides an End User Customer access to the applicable
emergency service bureau, where available, by dialing a 3-digit universal telephone
number (911 ).
10.3.1.2 Automatic Location Identification/Data Management System (ALI/DMS).
The ALI/DMS database contains End User Customer information (including name,
address, telephone number, and sometimes special information from the Current
Service Provider or End User Customer) used to determine to which Public Safety
Answering Point (PSAP) to route the calL. The ALI/DMS database is used to provide
more routing flexibility for E911 calls than Basic 911.
10.3.1.3 Basic 911 directly connects to the PSAP all 911 calls from one or more
local exchange End Offce Switches that serve a geographic area. E911 provides
additional Selective Routing flexibility for 911 calls. E911 uses End User Customer data,
contained in the ALI/DMS, to determine to which Public Safety Answering Point (PSAP)
to route the calL.
10.3.2 Terms and Conditions
10.3.2.1 CenturyLink wil provide nondiscriminatory access to the same Basic 911 .'. ,..
or Enhanced 911 features, functions and services that CenturyLink provides to its End ,.
User Customers. E911 functions provided to CLEC shall be at the same level of
accuracy and reliability as for such support and services that CenturyLink provides to its
End User Customers for such similar functionality.
10.3.2.2 In counties where CenturyLink has obligations under existing agreements
as the primary provider of the 911 system to the county, CLEC will participate in the
provision of the 911 System as described in Section 10.3.
10.3.2.3
services.
CenturyLink shall conform to all state regulations concerning emergency
10.3.2.4 CenturyLink shall route E911 calls to the appropriate PSAP.
10.3.2.5 Each Party wil be responsible for those portions of the 911 system for
which it has total control, including any necessary maintenance to each Party's portion of
the 911 system.
10.3.2.6 CenturyLink wil provide CLEC with the identification of the CenturyLink
911 controllng offce that serves each geographic area served by CLEC.
10.3.2.7 CenturyLink will provide CLEC with the ten-digit telephone numbers of
each PSAP agency, for which CenturyLink provides the 911 function, to be used by
CLEC to acquire emergency telephone numbers for operators to handle emergency calls
in those instances where CLEC's End User Customer dials "0" instead of "911". It shall .
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.
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be the responsibility of CLEC to verify or confirm the appropriate use of the contact
information provided by CenturyLink with each PSAP prior to offering 911 calls or
publication of such data.
10.3.2.8 If a third party is the primary service provider to a county, CLEC wil
negotiate separately with such third party with regard to the provision of 911 service to
the county. All relations between such third party and CLEC are separate from this
Agreement and CenturyLink makes no representations on behalf of the third party.
10.3.2.9 If CLEC is the primary service provider to the county, CLEC and
CenturyLink wil negotiate the specific provisions necessary for providing 911 service to
the county and wil include such provisions in an amendment to this Agreement.
10.3.2.10 CLEC wil separately negotiate with each county regarding the collection
and reimbursement to the county of applicable End User Customer taxes for 911
service.
10.3.2.11 CLEC is responsible for network management of its network components
in compliance with the Network Reliability Council Recommendations and meeting the
network standard of CenturyLink for the 911 call delivery.
10.3.2.12 The Parties shall provide a single point of contact to coordinate all
activities under this Agreement.
10.3.2.13 Neither Party wil reimburse the other for any expenses incurred in the
provision of E911 services. All costs incurred by the Parties for 911 /E911 services shall
be biled to the appropriate PSAP.
10.3.2.14 CenturyLink's designated E911 database provider, an independent third
party, wil be responsible for maintaining the E911 database. CLEC shall have non-
discriminatory unbundled access to the E911 database, including the listings of other
LECs for purposes of providing 911 services related to the public health, safety and
welfare.
10.3.3 E911 Database Updates
10.3.3.1 CLEC exchanges to be included in CenturyLink's E911 Database wil be
indicated via written notice to the appropriate 911 authority (state agency or PSAP
administrator or county) and wil not require an amendment to this Agreement.
10.3.3.2 CenturyLink's designated E911 database provider, an independent third
party, wil be responsible for maintaining the E911 database. CenturyLink, or its
designated database provider, will provide to ,ÇLEC an initial copy of the most recent
Master Street Address Guide (MSAG), and subsequent versions on a quarterly basis, at
no charge. MSAGs provided outside the quarterly schedule wil be provided and
charged on an Individual Case Basis. The data wil be provided in computer readable
format. CenturyLink shall provide CLEC access to the Master Street Address Guide at a
level of accuracy and reliability that is equivalent to the access CenturyLink provides to
itself.
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10.3.4 E911 Database Updates for Facilities-Based CLECs
10.3.4.1 CenturyLink wil ensure that the 911 database entries for CLEC wil be
maintained with the same accuracy and reliability that CenturyLink maintains for
CenturyLink's own End User Customers.
.
10.3.4.2 For Selective Routing table updates, facilties-based CLECs wil negotiate
directly with CenturyLink's database provider for the input and validation of End User
Customer data into the CenturyLink Automatic Location Identification (ALI) database.
CLEC wil negotiate directly with the PSAP (or PSAP agency's) DMS/ALI provider for
input of End User Customer data into the ALI database. In most cases the Selective
Routing table updates and the ALI database wil be managed by the same provider.
CLEC assumes all responsibility for the accuracy of the data that CLEC provides for
MSAG preparation and E911 Database operation.
10.3.4.3 If it is facilities-based, CLEC will provide End User Customer data to
CenturyLink's agent for the CenturyLink ALI database utilizing NENA-02-010
Recommended Formats and Protocols For ALI Data Exchange standards. CenturyLink
will furnish CLEC any variations to NENA recommendations required for ALI database
input.
10.3.4.4 If it is facilties-based, CLEC will provide End User Customer data to
CenturyLink's database provider for CenturyLink's ALI database that is MSAG valid and
meets all components of the NENA-02-011 Recommended Data Standards for Local
Exchange Carriers, ALI Service Providers and 9-1-1 Jurisdictions standard format, as
specified by CenturyLink.
10.3.4.5 If it is facilities-based, CLEC wil update its End User Customer records
provided to CenturyLink's database provider for CenturyLink's ALI database to agree
with the 911 MSAG standards for its service areas.
.
10.3.4.6 CenturyLink's E911 database administrator, an independent third party,
shall resolve failed Local Number Portability migrate records in accordance with the
NENA standard, NENA-02-011 Sections 228.1-2, for CenturyLink records where
CenturyLink is the donor company as defined in the NENA standard. The CenturyLink
E911 database administrator wil compare CLEC's (Le., recipient company as defined in
the NENA standard) failed migrate records to the Regional Number Portability
Administration Center's (NPAC) database once each business day to determine if the
migrate record (Le., ported telephone number) has been activated by the recipient
company. If the migrate record has been activated by CLEC in the NPAC, the record
shall be unlocked and the migrate record processed. If, at the end of ten (10) business
days, the NPAC database does not show the migrate record as activated or the record
owner identification does not match, the migrate record wil be rejected. The E911
database administrator wil send reports regarding CLEC's failed migrate records (Le.,
755 error code) and rejected migrate records (Le., 760 error code) to CLEC or CLEC's
designated database administrator. CenturyLink's E911 database administrator wil also
resolve failed migrate records for CLEC, if valid based on the NPAC database.
10.3.5 E911 Database Updates for Resale Based CLECs
10.3.5.1 For resold services, CenturyLink, or its designated database provider, wil .
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Ancilary Services.provide updates to the ALI database in a manner that is at the same level of accuracy
and reliability as such updates are provided for CenturyLink's End User Customers. For
resold accounts, CLEC shall provide CenturyLink with accurate End User Customer
location information to be updated to the ALI/OMS database. CenturyLink shall use its
current process to update and maintain End User Customer information in the ALI/OMS
database.
10.3.6 E911 Database Accuracy
10.3.6.1 E911 Database accuracy shall be measured jointly by the PSAPs and
CenturyLink's database provider in a format supplied by CenturyLink. The reports shall
be forwarded to CLEC by CenturyLink's database provider when relevant and wil
indicate incidents when incorrect or no ALI data is displayed. The reports provided to
CLEC shall contain CLEC-specific information regarding CLEC's accounts.
10.3.6.2 Each discrepancy report wil be jointly researched by CenturyLink and
CLEC. Corrective action wil be taken immediately by the responsible Party.
10.3.6.3 Each Part providing updates to the E911 database wil be responsible
for the accuracy of its End User Customer records. Each Party providing updates
specifically agrees to indemnify and hold harmless the other Party from any claims,
damages, or suits related to the accuracy of End User Customer data provided for
inclusion in the E911 Database.
.10.3.6.4 CenturyLink and its vendor will provide non-discriminatory error correction
for records submitted to the Automatic Location Identification (ALI) database. For resold
accounts, if vendor detects errors, it wil attempt to correct them. If vendor is unable to
correct the error, vendor wil contact CenturyLink for error resolution. For errors referred
to CenturyLink, CenturyLink wil provide the corrections in a non-discriminatory manner.
If CenturyLink is unable to resolve the error, CenturyLink wil contact the Resale-CLEC
for resolution. In the case of facilities-based CLECs, the vendor wil interface directly
with CLEC to resolve record errors.
10.3.7 E911 Interconnection
10.3.7.1 If required by CLEC, CenturyLink shall interconnect direct trunks from
CLEC's network to the Basic 911 PSAP, or the E911 tandem. Such trunks may
alternatively be provided by CLEC. If provided by CenturyLink, such trunks wil be
provided on a non-discriminatory basis. CenturyLink shall provide special protection
identification for CLEC 911 circuits in the same manner as CenturyLink provides for its
911 circuits.
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10.3.7.1.1 The Parties shall establish a minimum of two (2) dedicated trunks
from CLEC's Central Offce to each CenturyLink 911/E911 Selective Router (Le.,
911 Tandem Offce) that serves the areas in which CLEC provides Exchange
Service, for the provision of 911/E911 services and for access to all subtending
PSAPs (911 Interconnection Trunk Groups). CLEC can order diverse routing for
911/E911 circuits, if facilities are available. When CenturyLink facilities are
available, CenturyLink will comply with diversity of facilities and systems as
ordered by CLEC. Where there is alternate routing of 911/E911 calls to a PSAP
in the event of failures, CenturyLink shall make that alternate routing available to
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CLEC.
10.3.7.1.2 911 Interconnection Trunk Groups must be, at a minimum, DSO
level trunks configured as a 2-wire analog interface or as part of a digital (1.544
Mbps) interface. Either configuration must use Centralized Automatic Message
Accounting (CAMA) type signaling with MF tones that will deliver Automatic
Number Identification (ANI) with the voice portion of the call, or Signaling System
7 (SS7) if available (Le., other signaling technology as available). All 911
Interconnection trunk groups must be capable of transmitting and receiving
Baudot code necessary to support the use of Telecommunications Devices for
the Deaf (TTYITODs).
10.3.7.1.3 CenturyLink shall begin restoration of 911/E911 trunking
facilties immediately upon notification of failure or outage. CenturyLink must
provide priority restoration of trunks or network outages on the same terms and
conditions it provides itself. CLEC wil be responsible for the isolation,
coordination, and restoration of all 911 network maintenance problems to CLEC's
demarcation. CenturyLink wil be responsible for the coordination and restoration
of all 911 network maintenance problems beyond the demarcation. CenturyLink
repair service includes testing and diagnostic service from a remote location,
dispatch of or in-person visit(s) of personneL. Where an on-site technician is
determined to be required, a technician wil be dispatched without delay. CLEC
is responsible for advising CenturyLink of the circuit identification when notifying
CenturyLink of a failure or outage. The Parties agree to work cooperatively and
expeditiously to resolve any 911 outage. CenturyLink wil refer network trouble to
CLEC if no defect is found in CenturyLink's network. The Parties agree that 911
network problem resolution wil be managed in an expeditious manner at all
times.
10.3.7.2 For CLEC-identified 911 trunk blockages, CenturyLink agrees to take
corrective action using the same trunking service procedures used for CenturyLink's own
. E911 trunk groups.
10.3.7.3 The Parties will cooperate in the routing of 911 traffc in those instances
where the ALI/ANI information is not available on a particular 911 calL.
10.3.7.4 For facilities-based CLEC using its own switch(es), CenturyLink shall
provide 911 Interconnection, including the provision of dedicated trunks from CLEC End
Office Switch to the 911 control offce, at Parity with what CenturyLink provides itself.
10.3.7.5 For CLEC's resale local exchange lines, CenturyLink shall provide access
to the same 911 trunks used for CenturyLink's retail End User Customers which extend
from the CenturyLink End Offce Switch to the Basic 911 PSAP or the E911 Tandem
Switch. CLEC access to such 911 trunks shall be on a shared, non-discriminatory basis.
10.3.8 E911 and Number Portbilty
10.3.8.1 When a CenturyLink telephone number is ported out, receiving CLEC
shall be responsible to update the ALI/DMS database. When CLEC's telephone number
is ported in, CenturyLink shall be responsible to update the ALI/OMS database.
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10.3.8.2 When Remote Call Forwarding (RCF) is used to provide number
portability to the End User Customer and a remark or other appropriate field information
is available in the database, the shadow or "forwarded-to" number and an indication that
the number is ported shall be added to the End User Customer record by CLEC.
10.4 White Pages Directory Listings Service
10.4.1 Description
White Pages Directory Listings Service consists of CenturyLink placing the names, addresses
and telephone numbers of CLEC's End User Customers in CenturyLink's Listings database,
based on End User Customer information provided to CenturyLink by CLEC. CenturyLink is
authorized to use CLEC End User Customer Listings as noted below.
10.4.2 Terms and Conditions
10.4.2.0 White Pages Directory Listings Service is provided to reseller CLEC with
CLEC's resold local exchange lines, and such Listings include terms and conditions
(except prices) for Listings in CenturyLink's applicable product Tariffs, catalogs, price
lists, or other retail Telecommunications Services offerings. To the extent, however, that
a conflict arises between the terms and conditions of the Tariff, catalog, price list, or
other retail Telecommunications Services offering and this Agreement, this Agreement
shall be controlling. White Pages Directory Listings Service is available to facilities-
based CLEC as described in this Section.
10.4.2.1 Reseller CLEC and facilties-based CLEC using CenturyLink's switching
services to provide local Exchange Service wil provide, and facilities-based CLEC using
its own or a third party's Switch(es) may provide, to CenturyLink, in standard format, by
mechanized or by manual transmission to CenturyLink, its primary, premium and privacy
Listings.
10.4.2.1.1 CenturyLink will accept one (1) primary Listing for each main
telephone number belonging to CLEC's resale and facilties-based End User
Customers at no monthly recurring charge.
10.4.2.1.2 CLEC wil be charged for its resale premium Listings (e.g.,
additional, foreign, cross-reference) and privacy Listings (Le., nonlisted and
nonpublished) at CenturyLink's General Exchange Listing Tariff rates, less the
wholesale discount, if any, as described in Exhibit A. CLEC wil be charged for
its facilities-based premium Listings (e.g., additional, foreign, cross-reference)
and privacy Listings (Le., nonlisted and nonpublished) at market-based prices
contained in Exhibit A. Primary Listings and other types of Listings are defined in
the CenturyLink General Exchange Tariffs.
10.4.2.2 Intentionally Left Blank.
10.4.2.3 Information on submitting and updating Listings is available in "Facility
Based CLECs and Reseller/Unbundled Network CLECs Directory Listings User
Document." CenturyLink wil furnish CLEC Listings format specifications. Directory
publishing schedules and deadlines for CenturyLink's official directory publisher wil be
provided to CLEC.
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10.4.2.4 If CLEC provides its End User Customets Listings to CenturyLink, CLEC
grants CenturyLink access to CLEC's End User Customer Listings information for use in.
its Directory Assistance Service as described in Section 10.5, and in its Directory
Assistance List Service as described in Section 10.6, and for other lawful purposes,
except that CLEC's Listings supplied to CenturyLink by CLEC and marked as
nonpublished or nonlisted Listings shall not be used for marketing purposes subject to
the terms and conditions of this Agreement. CenturyLink wil incorporate CLEC End
User Customer Listings in the Directory Assistance Database. CenturyLink wil
incorporate CLEC's End User Customer Listings information in all existing and future
Directory Assistance applications developed by CenturyLink. Should CenturyLink cease
to be a Telecommunications Carrier, by virtue of a divestiture, merger or other
transaction, this access grant automatically terminates.
10.4.2.5 CLEC End User Customer Listings wil be treated the same as
CenturyLink's End User Customer Listings. Prior written authorization from CLEC, which
authorization may be withheld, shall be required for CenturyLink to sell, make available,
or release CLEC's End User Customer Listings to directory publishers, or other third
parties other than Directory Assistance providers. No prior authorization from CLEC
shall be required for CenturyLink to sell, make available, or release CLEC's End User
Customer Directory Assistance Listings to Directory Assistance providers. Listings shall
not be provided or sold in such a manner as to segregate End User Customers by
Carrier. CenturyLink wil not charge CLEC for updating and maintaining CenturyLink's
Listings databases. CLEC wil not receive compensation from CenturyLink for any sale
of Listings by CenturyLink as provided for under this Agreement.
10.4.2.6 To the extent that state Tariff(s) limit CenturyLink's liability with regard to
Listings, the applicable state Tariff(s) is incorporated herein and supersedes the
Limitation of Liability section of this Agreement with respect to Listings only.
10.4.2.7 CenturyLink is responsible for maintaining Listings, including entering,
changing, correcting, rearranging and removing Listings in accordance with CLEC
orders.
.
10.4.2.8 CenturyLink provides non-discriminatory appearance and integration of
white pages directory Listings for all CLEC's and CenturyLink's End User Customers. All
requests for white pages directory listings, whether for CLEC or CenturyLink End User
Customers, follow the same processes for entry into the Listings database.
10.4.2.9 CenturyLink wil take reasonable steps in accordance with industry
practices to accommodate CLEC's non published and nonlisted Listings provided that
CLEC has supplied CenturyLink the necessary privacy indicators on such Listings.
10.4.2.10 CLEC's white pages directory listings wil be in the same font and size as
Listings for CenturyLink End User Customers, and wil not be separately classified.
10.4.2.11 CenturyLink processes for publication of white pages Directory Listings
wil make no distinction between CLEC's and CenturyLink's subscribers. CLEC's
Listings wil be provided with the same accuracy and reliabilty as CenturyLink's End
User Customer Listings. CenturyLink will ensure CLEC's Listings provided to
CenturyLink are included in the white pages directory published on CenturyLink's behalf e..
using the same methods and procedures, and under the same terms and conditions, as
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'.CenturyLink uses for its own End User Customer Listings.
10.4.2.12 For CLEC's End User Customers whose Listings CLEC provides to
CenturyLink for submission to its official directory publisher, CenturyLink shall ensure its
third party publisher distributes appropriate alphabetical and classified directories (white
and yellow pages) and recycling services to such CLEC End User Customers at Parity
with CenturyLink End User Customers, including providing directories a) upon
establishment of new service; b) during annual mass distribution; and c) upon End User
Customer request.
10.4.2.13 CLEC shall use commercially reasonable efforts to ensure that Listings
provided to CenturyLink are accurate and complete. All third party Listings information is
provided AS IS, WITH ALL FAULTS. CLEC further represents that it shall review all
Listings information provided to CenturyLink, including End User Customer requested
restrictions on use, such as non published and nonlisted restrictions.
10.4.2.14 Intentionally Left Blank.
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10.4.2.15 CLEC shall be solely responsible for knowing and adhering to state laws
or rulings regarding Listings and for supplying CenturyLink with the applicable Listing
information. CenturyLink understands that certain states, including, but not necessarily
limited to, Minnesota, South Dakota, and Washington, have enacted statutes that
impose certain requirements upon the provision of wireless listings, and CLEC
represents and warrants that listings CLEC submits to CenturyLink reflect and are
provided in full compliance with applicable laws and regulations, including but not limited
to, laws and regulations applicable to wireless listings.
10.4.2.16 CLEC agrees to provide to CenturyLink its End User Customer names,
addresses and telephone numbers in a standard mechanized or manual format, as
specified by CenturyLink.
10.4.2.17 CLEC wil supply its ACNAICIC or CLCC/OCN, as appropriate, with each
order to provide CenturyLink the means of identifying Listings ownership.
10.4.2.18 Prior to placing Listings orders on behalf of End User Customers, CLEC
shall be responsible for obtaining, and have in its possession, Proof of Authorization
(POA), as set forth in Section 5.3 of this Agreement.
10.4.2.19 For Listings that CLEC submits to CenturyLink, CenturyLink wil provide
monthly Listing verification proofs that provide the data to be displayed in the published
white pages directory and available on CenturyLink's Directory Assistance Service.
Verification proofs containing non published and non listed Listings are also available
upon request on the same monthly schedule.
10.4.2.20 CenturyLink wil provide CLEC a reasonable opportunity to verify the
accuracy of its Listings to be included in the white pages directory and in CenturyLink's
Directory Assistance Service.
.10.4.2.21 CLEC may review and if necessary edit its white page Listings prior to the
close date for publication in the directory.
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10.4.2.22 CLEC is responsible for all dealings with, and on behalf of, CLEC's EndUser Customers, including: .'
10.4.2.22.1 All End User Customer account activity (e.g., End User
Customer queries and complaints);
10.4.2.22.2 All account maintenance activity (e.g., additions, changes,
issuance of orders for Listings to CenturyLink);
10.4.2.22.3 Determining privacy requirements and accurately coding the
privacy indicators for CLEC's End User Customer information (if End User
Customer information provided by CLEC to CenturyLink does not contain a
privacy indicator, no privacy restrictions wil apply); and
10.4.2.22.4
Customers.
Any additional services requested by CLEC's End User
10.4.2.23 Pursuant to Sections 222 (a), (b), (c), (d), and (e) of the
Telecommunications Act, CenturyLink wil provide subscriber list information gathered in
CenturyLink's capacity as a provider of local Exchange Service on a timely basis, under
non-discriminatory and reasonable rates, terms and conditions to CLEC upon request for
the purpose of publishing directories in any format. Rates may be subject to federal or
state law or rules, as appropriate. Upon request by CLEC, CenturyLink shall enter into
negotiations with CLEC for CLEC's use of subscriber list information for purposes other
than publishing directories, and CenturyLink and CLEC wil enter into a written contract if
agreement is reached for such use..
10.4.2.23.1 CenturyLink shall use commercially reasonable efforts to ensure
that its retail End User Customer Listings provided to CLEC are accurate and
complete. Any third party Listings are provided AS 15, WITH ALL FAULTS.
CenturyLink further represents that it shall review all its retail End User Customer
Listings information provided to CLEC including End User Customer requested
restrictions on use, such as non published and nonlisted restrictions.
10.4.2.24 CenturyLink represents and warrants that any arrangement for the
publication of white pages Directory Listings with an Affiliate or contractor, requires such
Affiliate or contractor to publish the Directory Listings of CLEC contained in
CenturyLink's Listings database so that CLEC's Directory Listings are non-discriminatory
in appearance and integration, and have the same accuracy and reliability that such
Affliate or contractor provides to CenturyLink's End User Customers.
10.4.2.25 CenturyLink further agrees that any arrangements for the publication of
white pages Directory Listings with an Affliate or contractor shall require such Affiliate or
contractor to include in the customer guide pages of the white pages directory, a notice
that End User Customers should contact their Current Service Provider to request any
modifications to their existing Listing or to request a new Listing.
10.4.2.26 CenturyLink agrees that any arrangement with an Affiliate or contractor
for the publication of white pages directory Listings shall require such Affiliate or
contractor to provide .CLEC space in the customer guide pages of the white pages
directory for the purpose of notifying End User Customers how to reach CLEC to: (1) .
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request service; (2) contact repair service; (3) dial Directory Assistance; (4) reach an
account representative; (5) request buried cable locate service; and (6) contact the
special needs center for End User Customers with disabilities.
10.4.2.27 If CLEC submits its End User Customer Listings to CenturyLink through a
service bureau or other type of third party (agent), CLEC and the agent shall execute a
Letter of Authorization (LOA), in a form acceptable to CenturyLink, that shall include, but
not be limited to, the following terms:
10.4.2.27.1 That the agent is authorized by CLEC to submit Listings to
CenturyLink on its behalf and to work with CenturyLink in resolving any issues
surrounding its Listing submissions; and
10.4.2.27.2 That the agent wil comply with all terms and conditions of this
Agreement in submitting CLEC's End User Customers' Listings to CenturyLink.
10.4.2.27.3 CLEC's use of an agent in submitting its End User Customers' Listings to
CenturyLink shall not alter CLEC's obligations under this Agreement and CLEC shall
remain primarily liable for covenants and responsibilities under this Agreement.
10.4.3 Rate Elements
The following rate elements apply to white pages directory Listings and are contained in Exhibit
A of this Agreement.
10.4.3.1 Primary Listings; and
10.4.3.2 Premium and Privacy Listings.
10.4.4 Ordering Process
10.4.4.1 CenturyLink provides training on white pages directory Listings requests
and submission processes. The ordering process is similar to the servce ordering
process.
10.4.4.2 CLEC Listings can be submitted for inclusion in CenturyLink white pages
directories according to the directions in the CenturyLink Listings User Documents for
Facility-Based and Reseller CLECs, which is available on-line through the PCAT
(http://ww.centurylink.com/wholesale/pcat/) or wil be provided in hard copy to CLEC
upon request. Initial information and directions are available in the PCAT.
10.4.4.3 CLEC can submit the OBF forms incorporated in the Local Service
Request via the IMA-EDI, IMA-GUI, or by facsimile.
10.5 Directory Assistance Service
10.5.1 Description
10.5.1.1 Directory Assistance Service is a voice service that CenturyLink provides
to its own End User Customers, reseller and/or facilties-based CLEC, and to other
Telecommunications Carriers. Directory Assistance Service provided to CLEC includes
non-discriminatory access to CenturyLink's Directory Assistance centers, services, and
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Directory Assistance Databases. Directory Assistance Service provides voice callers
published and non listed listing information, which is comprised of name and telephone ..
number, and address if available, as contained in CenturyLink's then-current Directory
Assistance Database and in the national Directory Assistance Database that is accessed
by CenturyLink. Directory Assistance Service is available with CLEC-specific branding,
generic branding and with Directory Assistance Call Completion service options, where
available. If facilities-based CLEC chooses to access CenturyLink's Directory
Assistance Service, it is provided to CLEC under this Agreement pursuant to Section
251(b)(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of the Act
are not applicable.
10.5.1.1.1 Directory Assistance Service.
10.5.1.1.1.1 Local Directory Assistance Service. Provides
CLEC's End User Customers published and non-listed Listing information
within the callets LATA that are included in CenturyLink's then-current
Directory Assistance Database.
10.5.1.1.1.2 National Directory Assistance Service. Provides
CLEC's End User Customers published and nonlisted listing information
from the database of the national Directory Assistance Services vendor
selected and accessed by CenturyLink.
10.5.1.1.1.3 Call Branding Service. Provides CLEC Local and
national Directory Assistance Service that is branded with the brand of
CLEC (CLEC-specific branding), where Technically Feasible, or with a .
generic brand. CLEC-specific Call Branding announces CLEC's name to
CLEC's End User Customer at the start and completion of the calL.
Generic branding does not announce any provider's name. CLEC-
specific Call Branding and generic branding are optional services
available to CLEC.
a) Front End CLEC-specific Call Branding - Announces
CLEC's name to CLEC's End User Customer at the start of the
calL.
b) Back End CLEC-specific Call Branding - Announces
CLEC's name to CLEC's End User Customer at the completion of
the calL.
c) Intentionally Left Blank.
d) CenturyLink wil record CLEC's specific brand message.
10.5.1.1.1.4 Call completion service allows CLEC's End User
Customers' 10cai/intraLA TA calls to be completed, where available.
10.5.1.1.2
10.5.1.1.3
Intentionally Left Blank.
i
Intentionally Left Blank..
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10.5.2.0 Directory Assistance Service accessed over CLEC's resold local
exchange lines includes terms and conditions (except prices) for Directory Assistance
Service in CenturyLink's applicable product Tariffs, catalogs, price lists, or other retail
Telecommunications Services offerings. To the extent, however, that a conflict arises
between the terms and conditions of the Tariff, catalog, price list, or other retail
Telecommunications Services offering and this Agreement, this Agreement shall be
controllng. Directory Assistance Service is available to facilities-based CLEC as
described in this Section unless otherwise noted. If facilities-based CLEC chooses to
access CenturyLink's Directory Assistance Service, it is provided to CLEC under this
Agreement pursuant to Section 251(b)(3) of the Act. As such, the pricing requirements
of Section 252(d)(1) of the Act are not applicable. Directory Assistance Service is
available to CLEC as a facilities-based provider at the market-based prices contained in
Exhibit A.
10.5.2.1 Intentionally Left Blank.
10.5.2.2 CenturyLink's Directory Assistance Database is the database owned and
maintained by CenturyLink which contains only those published and non-listed
telephone number Listings obtained by CenturyLink from its own End User Customers,
other Telecommunications Carriers and Providers.
-10.5.2.3 CenturyLink wil provide access to Directory Assistance Service for
facilities-based CLEC using its own or a third party's Switch(es) via dedicated multi-
frequency (MF) operator service trunks. CLEC may purchase operator service trunks
from CenturyLink or provide them itself. These operator service trunks wil be connected
directly to a CenturyLink Directory Assistance host or remote Switch. CLEC will be
required to order or provide at least one (1) operator services trunk for each NPA
served.
10.5.2.4 CenturyLink will penorm Directory Assistance Services for CLEC in
accordance with operating methods, practices, and standards in effect for all
CenturyLink End User Customers. CenturyLink wil provide the same priority of handling
for CLEC's End User Customer calls to CenturyLink's Directory Assistance Service as it
provides for its own End User Customer calls. Calls to CenturyLink's Directory
Assistance Service are handled on a first come, first served basis, without regard to
whether calls are originated by CLEC or CenturyLink End User Customers.
10.5.2.5 CLEC-specific Call Branding for Directory Assistance requires recording
CLEC's name.
10.5.2.6
10.5.2.7
Intentionally Left Blank.
Intentionally Left Blank.
10.5.2.8 Reseller CLEC's End User Customers wil use the same dialing pattern to
access Directory Assistance Service as used by CenturyLink's End User Customers
(Le., 411,555-1212, or NPA+555-1212)..10.5.2.9 Facilities-based CLEC using its own or a third party's Switch(es) may
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choose to have its End User Customers dial a unique number or use the same dialing
pattern as CenturyLink End User Customers use to access Centurylink Directory .
Assistance Service.
10.5.2.10 Centurylink wil timely enter into its directory assistance database
updates of CLEC's listings that CLEC provides to CenturyLink as described in Section
10.4. Centurylink wil incorporate CLEC End User Customer listings in the Directory
Assistance Database. CenturyLink wil incorporate CLEC's End User Customer Listings
information in all .$xisting and future Directory Assistance applications developed by
CenturyLink. CenturyLink wil implement quality assurance procedures such as random
testing for listing accuracy. CenturyLink wil identify itself to End User Customers callng
its Directory Assistance Service provided for itself either by company name or operating
company name or operating company number so that End User Customers have a
means to identify with whom they are dealing.
10.5.2.10.1 In accordance with Section 18, where CLEC supplies its listings
to CenturyLink, CLEC may request a comprehensive audit of CenturyLink's use
of CLEC's Listings for Directory Assistance Service. In addition to the terms
specified in Section 18, the following also apply: as used herein, "Audit" shall
mean a comprehensive review of the other Party's delivery and use of the
Listings for Directory Assistance Service provided hereunder and such other
Party's performance of its obligations under this Agreement. CLEe may perform
up to two (2) audits per twelve (12) month period commencing with the Effective
Date of this Agreement of CenturyLink's use of CLEC's Listings in CenturyLink's
Directory Assistance Service. CLEC shall be entitled to "seed" or specially code
some or all of the listings for Directory Assistance Service that it provides
hereunder in order to trace such information during an Audit and ensure
compliance with the disclosure and use restrictions set forth in this Agreement.
.
10.5.2.11 CenturyLink shall use CLEC's Listings supplied to CenturyLink by CLEC
under the terms of this Agreement for purposes of providing Directory Assistance
Service and for other lawful purposes, except that CLEC's Listings supplied to
CenturyLink by CLEC and marked as nonpublished or nonlisted Listings shall not be
used for marketing purposes, subject to the terms and conditions of this Agreement.
10.5.3 Rate Elements
The following rate elements apply to Directory Assistance Service. Directory Assistance
Service is provided to CLEC for resale with resold local exchange lines at the CenturyLink retail
price less the wholesale discount contained in Exhibit A, if any. Directory Assistance Service is
provided to CLEC as a facilities-based provider at the market-based prices contained in Exhibit
A.
10.5.3.1 A per-call rate applies for Local Directory Assistance and for national
Directory Assistance Services.
10.5.3.2
10.5.3.3
Intentionally Left Blank
A per-call rate is applicable for call completion service..
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10.5.4 Ordering Process
CLEC will order Directory Assistance Service by completing the questionnaire entitled
"CenturyLink Operator Services/Directory Assistance Questionnaire for Competitive Local
Exchange Carriers." This questionnaire may be obtained from CLEC's CenturyLink account
manager.
10.5.5 Biling
10.5.5.1 CenturyLink will track and bil CLEC for the number of calls placed to
CenturyLink's Directory Assistance Service by CLEC's End User Customers as well as
for the number of requests for call completion service.
10.5.5.2 For purposes of determining when CLEC is obligated to pay the per call
rate, the call shall be deemed made and CLEC shall be obligated to pay when the call is
received by the operator services Switch. An End User Customer may request and
receive no more than two (2) telephone numbers per Directory Assistance calL.
CenturyLink wil not credit, rebate or waive the per call charge due to any failure to
provide a telephone number.
10.5.5.3 Call completion service wil be charged at the per call rate when the End
User Customer completes the required action (Le., "press the number one," "stay on the
line," etc.).
10.6 Directory Assistance List
10.6.1 Description
10.6.1.1 Directory Assistance List (DAL) information consists of name, address
and telephone number information for all End User Customers of CenturyLink and other
LECs and Provider Subscribers that are contained in CenturyLink's Directory Assistance
Database and, where available, related elements required in the provision of Directory
Assistance Service to CLEC's End User Customers. No prior authorization from CLEC
shall be required for CenturyLink to sell, make available, or release CLEC's End User
Customer Directory Assistance Listings to Directory Assistance providers. In the case of
End User Customers and/or Provider Subscribers who have non-published Listings,
CenturyLink shall provide the End User Customer's and/or Provider Subscriber's local
Numbering Plan Area (NPA), address, and an indicator to identify the non-published
status of the Listing; however, CenturyLink will not provide the non-published telephone
number in DAL information. DAL information includes privacy and use restriction
indicators as requested by CenturyLink's retail End User Customers and by Carriers and
Providers. Except for DAL information of Provider Subscribers, DAL information is
provided pursuant to Section 251 (b)(3) of the Act. As such, the pricing requirements of
Section 252(d)(1) of the Act are not applicable. DAL information shall be provided to
CLEC at market-based prices contained in Exhibit A.
10.6.1.2 CenturyLink wil provide DAL information via initial loads and daily
updates by means of Network Data Mover (NOM) or as otherwise mutually agreed upon
by the Parties. CenturyLink wil provide all changes, additions or deletions to the DAL
information overnight on a daily basis after database updates have been processed.
The Parties wil use a mutually agreed upon format for the data loads.
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10.6.1.3 DAL information shall specify whether the CenturyLink End User
Customer is a residential, business, or government subscriber, and the Listings of other .
Carriers and/or Providers wil specify such information where it has been provided on the
Carrier's or Provider's Listing order.
10.6.1.4 In the event CLEC requires a reload of DAL information from
CenturyLink's database in order to validate, synchronize or reconcile its database, a
reload wil be made available according to the rate specifed in Exhibit A.
10.6.1.5 CenturyLink and CLEC wil cooperate in the designation of a location to
which the data wil be provided.
10.6.2 Terms and Conditions
10.6.2.1 If CLEC purchases use of DAL information under this Agreement,
CenturyLink grants to CLEC, as a competing provider of telephone Exchange Service
and telephone toll service, access to DAL information for purposes of providing Directory
Assistance Services and for other lawful purposes subject to the terms and conditions of
this Agreement. CLEC is solely responsible for its lawful use of DAL information
obtained under this Agreement pursuant to Section 251(b)(3) of the Act, including, but
not limited to, use of such information only for purposes permitted, or not prohibited by,
the Act, federal and state laws, rules, and regulations, the FCC's orders, rules and
regulations, and the Commission's orders, rules, and regulations. As it pertains to the
use of DAL information in this Agreement, "Directory Assistance Services" shall mean
the provision by CLEC, via telephone, via a live operator or mechanized system, of
telephone number and address information for an identified name or the name and/or .
address for an identified telephone number. Should CLEC cease to be a
Telecommunications Carrier or a competing provider of telephone Exchange Service or
telephone toll service, or this Agreement is terminated, this access grant automatically
terminates.
10.6.2.1.1 CenturyLink shall make commercially reasonable efforts to
ensure that Listings belonging to CenturyLink retail End User Customers
provided to CLEC in DAL information are accurate and complete. All third party
DAL information is provided AS IS, WITH ALL FAULTS. CenturyLinkshall
review all of its End User Customer Listings information provided to CLEC,
including, but not limited to, End User Customer requested restrictions on use,
such as non-published and non-listed restrictions.
10.6.2.1.2 CLEC must not and wil not (i) use DAL information for purposes
of directory publishing or (ii) sublicense, sell, provide or otherwise transfer DAL
information to directory publishers for purposes of directory publishing.
10.6.2.1.3 Listings included in CenturyLink's DAL information and marked
to indicate a restriction on use, or to indicate a restriction on inclusion of DAL
information in Directory Assistance Services applications, shall be used by CLEC
only in a manner that is consistent with each such restriction and that does not
violate a restriction, including, but not limited to the following;
10.6.2.1.3.1 Restriction indicators on DAL information include:.
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Ancillary Services.. Privacy indicators, including, but not limited to, nonpublished and
nonlisted indicators;
. No solicitation indicators;
. Omit from address directories indicators; and
ti
. Omit from telemarketing, direct mail, and e-mail lists indicators.
10.6.2.1.3.2 Nonpublished Listings information provided in DAL
information shall not be used for any purpose except for providing
Directory Assistance Services. When used in Directory Assistance
Services applications, nonpublished Listings shall not be used for any
purpose other than in matching a search query. The nonpublished
subscriber name and address, while supplied to CLEC in DAL
information, shall not be provided to any person other than the operator
responding to the End User Customer Directory Assistance Services
query.
10.6.2.2 If CLEC purchases use of DAL information under this Agreement, CLEC
wil obtain and timely enter into its directory assistance database daily updates of the
DAL information, will implement quality assurance procedures such as random testing
for directory assistance Listing accuracy, and wil identify itself to End User Customers
callng its Directory Assistance Services either by company name or operating company
number so that End User Customers have a means to identify with whom they are
dealing.
10.6.2.3 Intentionally Left Blank.
10.6.2.4 CenturyLink shall retain all right, title, interest and ownership in and to the
DAL information it provides under this Agreement. CLEC acknowledges and
understands that while it may disclose the names, addresses, and telephone numbers
(or an indication of non-published status) of End User Customers and/or Provider
Subscribers to a third party callng its Directory Assistance Services for such information,
the fact that such End User Customers and/or Provider Subscribers subscribe to
CenturyLink's or another Carrier's Telecommunications Services or to a Provider's
services is Confidential and Proprietary Information and shall not be disclosed to any
third party.
10.6.2.5 Each Party shall take commercially reasonable and prudent measures to
prevent unlawful use of DAL information at least equal to the measures it takes to
protect its own confidential and proprietary information, including but not limited to
implementing adequate computer security measures to prevent unauthorized access to
DAL information when contained in any database.
.
10.6.2.5.1 Unauthorized use of DAL information, or any disclosure to a
third party of the fact that an End User Customer or Provider Subscriber, whose
Listing is furnished in the DAL information, subscribes to CenturyLink's or
another Carrier's Telecommunications Services or to a Providets services, shall
be considered a material breach of this Agreement and shall be resolved under
the Dispute Resolution provisions of this Agreement.
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10.6.2.6 Within five (5) Days after the termination of this Agreement, CLEC shall
(a) return and cease using any and all DAL information which it has in its possession or .
control, (b) extract and expunge any and all copies of such DAL information, any
portions thereof, and any and all information extracted therefrom, from its files and
records, whether in print or electronic form or in any other media whatsoever, and (c)
provide a written certification to CenturyLink from CLEC's officer that all of the foregoing
actions have been completed. A copy of this certification may be provided to third party
Carriers and/or Providers if the certification pertains to such Carriers' and/or Providers'
DAL information contained in CenturyLink's Directory Assistance Database.
10.6.2.7 CLEC is responsible for ensuring that it has proper security measures in
place to protect the privacy of the End User Customer and/or Provider Subscriber
information contained within the DAL information. CLEC must remove from its database
any telephone number for an End User Customer or a Provider Subscriber whose Listing
has become non-published when so notified by CenturyLink or such End User Customer
or Provider Subscriber.
10.6.2.8 Audits -- In accordance with Section 18, CenturyLink may request a
comprehensive audit of CLEC's use of the DAL information. In addition to the terms
specified in Section 18, the following also apply:
10.6.2.8.1 As used herein, "Audit" shall mean a comprehensive review of
the other Party's delivery and use of the DAL information provided under this
Agreement and such other Party's performance of its obligations under this
Agreement. Either Party (the Requesting Part) may perform up to two (2)
Audits per twelve (12) month period commencing with the Effective Date of this .
Agreement. CenturyLink shall be entitled to "seed" or specially code some or all
of the DAL information that it provides under this Agreement in order to trace
such information during an Audit and ensure compliance with the disclosure and
use restrictions set forth in this Section 10.6.
10.6.2.8.2 All paper and electronic records wil be subject to Audit.
10.6.2.9 CLEC recognizes that certain Carriers and/or Providers who have
provided DAL information that is included in CenturyLink's Directory Assistance
Database may be third party beneficiaries of this Agreement for purposes of enforcing
any terms and conditions of the Agreement other than payment terms with respect to
their DAL information.
10.6.2.9.1 CLEC indemnifies CenturyLink for any and all loss, debt, liabilty,
damage, obligation, claim, demand, judgment, or settlement of any nature or
kind, known or unknown, liquidated or unliquidated including, but not limited to,
reasonable costs and expenses (including, but not limited to, attorneys' fees)
raised by these Carrers and/or Providers, whether formal or informal and wil
handle all communications with these Carriers and/or Providers regarding this
matter.
10.6.2.10 CenturyLink wil provide a non-discriminatory process and procedure for
contacting End User Customers and/or Provider Subscribers with non-published
telephone numbers in emergency situations for non-published telephone numbers that
are included in CenturyLink's Directory Assistance Database. Such process and .
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procedure wil be available to CLEC for CLEC's use when CLEC provides its own
Directory Assistance Services and purchases CenturyLink's DAL product.
10.6.2.11 All of the provisions of Section 10.6.2 of this Agreement wil survive
expiration or termination of this Agreement.
10.6.3 Rate Elements
Recurring and nonrecurring rate elements for DAL information are described below and rates
are contained in Exhibit A of this Agreement.
10.6.3.1 Initial Database Load -- A "snapshot" of data in the Directory Assistance
Database or portion of the database at the time the order is received.
10.6.3.2 Reload -- A "snapshot" of the data in the Directory Assistance Database
or portion of the database required in order to refresh the data in CLEC's database.
10.6.3.3 Daily Updates -- Daily change activity affecting DAL information in the
Directory Assistance Database.
10.6.3.4 One-Time Set-Up Fees -- Charges for database loads.
10.6.3.5 Output Charges -- Media charges resulting from the electronic
transmission of the DAL information.
10.6.4 Ordering
10.6.4.1 CLEC may order the initial DAL information load or update files for
CenturyLink's local Exchange Service areas in its 14 state operating territory or, on a
state-specific basis, or, where Technically Feasible, CLEC may order the initial DAL
information load or update files by CenturyLink White Page Directory Code or NPA.
10.6.4.2 Special requests for data at specific geographic levels (such as NPA)
must be negotiated in order to address data integrity issues.
10.6.4.3 CLEe shall use the DAL Order Form found in the PCA T.
10.7 Toll and Assistance Operator Services
10.7.1 Description
10.7.1.1 Toll and assistance operator services (operator services) are a family of
offerings that assist CLEC's resale and facilities-based End User Customers in making
and receiving EAS/local and IntraLA TA toll calls. Operator services provided to CLEC
include non-discriminatory access to CenturyLink operator service centers, services, and
personneL. If facilties-based CLEC using CenturyLink's, its own, or a third part's
Switch(es) chooses to access CenturyLink's operator services, they are provided to
CLEC under this Agreement pursuant to Section 251(b)(3) of the Act. As such, the
pricing requirements of Section 252(d)(1) of the Act are not applicable. Operator
services shall be provided to CLEC as a facilities-based provider at the market-based
rates contained in Exhibit A.
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10.7.1.1.1 EAS/Local and IntraLATA Assistance. Assists CLEC End User
Customers requesting help or information on making and receiving EAS/local .
and IntraLA TA toll calls, connects CLEC End User Customers to CenturyLink's ...
Directory Assistance Service, and provides other information and guidance,
including referral to the business office and repair, as may be consistent with
CenturyLink's customary practice for providing End User Customer assistance.
10.7.1.1.2 Intentionally Left Blank.
10.7.1.1.3 Emergency Assistance. Provides assistance for handling
CLEC's End User Customets EASllocal and IntraLA TA toll calls to emergency
agencies, including but not limited to, police, sheriff, highway patrol and fire.
CLEC is responsible for providing CenturyLink with the appropriate emergency
agency numbers and updates.
10.7.1.1.4 Busy Line Verification (BLV) is performed when CLEC's End
User Customers request assistance from the operator bureau to determine if a
called line is in use. The operator wil not complete the call for the calling party
initiating the BLV inquiry. Only one BLV attempt will be made per call, and a
charge shall apply.
10.7.1.1.5 Busy Line Interrupt (BLI) is performed when CLEC's End User
Customers request assistance from the operator to interrupt a telephone call in
progress. The operator wil interrupt the busy line and inform the called party that
there is a call waiting. The operator wil not connect the callng and called
parties. The operator wil make only one BLI attempt per call and the applicable ~
charge applies whether or not the called party releases the line. ~
10.7.1.1.6 Quote Service - Provides time and charges to hotel/motel and
other CLEC End User Customers for guest/account identification.
10.7.1.1.7 CLEC-Specific Call Branding Service. Provides CLEC's End
User Customers the operator services listed in this Section branded with the
brand of CLEC (CLEC-specific branding), where Technically Feasible, or with a
generic brand. CLEC-specific Call Branding announces CLEC's name to CLEC's
End User Customer at the start and completion of the calL. Generic branding
does not announce any provider's name. CLEC-specific and generic Call
Branding are optional services available to CLEC.
10.7.1.1.7.1 Front End CLEC-specific Call Branding -- Announces
CLEC's name to CLEC's End User Customer at the start of the calL.
10.7.1.1.7.2 Back End CLEe-specific Call Branding -- Announces
CLEe's name to CLEC's End User Customer at the completion of the calL.
10.7.2 Terms and Conditions
10.7.2.0 Operator services accessed over CLEC's resold local exchange lines
include terms and conditions (except prices) for operator services in CenturyLink's
applicable product Tariffs, catalogs, price lists, or other retail Telecommunications
Services offerings. To the extent, however, that a conflict arises between the terms and .
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Ancilary Services.conditions of the Tariff, catalog, price list, or other retail Telecommunications Services
offering and this Agreement, this Agreement shall be controllng. Operator services are .
available to facilities-based CLEC as described in this Section 10.7, unless otherwise
noted.
10.7.2.0.1 CenturyLink does not authorize CLEC to offer CenturyLink the
incumbent Local Exchange Carrier (ILEC) as a Local Primary Interexchange
Carrier (LPIC) to its existing or new End User Customers on CenturyLink's
behalf. If CLEC assigns CenturyLink the ILEC, LPIC 5123, to CLEC's existing or
new End User Customers, CenturyLink will bil reseller CLEC for IntraLATA Toll
services at the CenturyLink retail rate less the wholesale discount contained in
Exhibit A, if any, and will bil facilities-based CLEC at the rates contained or
referenced in Exhibit A, and CenturyLink wil not directly bil CLEC's End User
Customers for such IntraLATA Toll services.
10.7.2.0.2 If CLEC assigns CenturyLink the ILEC, PIC 5123, to CLEC's
existing or new End User Customers, transport beyond CenturyLink's local
interoffice network for IntraLATA Toll services wil be provided over CenturyLink's
IntraLATA Toll network. Routing tables resident in CenturyLink's Switch(es) wil
direct CLEC's traffc over CenturyLink's interoffce message trunk network.
.
10.7.2.0.3 If, during the term of this Agreement, CenturyLink the ILEC offers
IntraLATA Toll services directly to CLEC's End User Customers, CenturyLink wil
establish its own biling relationship with such End User Customers, and
CenturyLink wil not bil CLEC, and CLEC shall have no obligation to pay
CenturyLink, for such IntraLATA Toll services CenturyLink provides to CLEC's
End User Customers.
10.7.2.1 For facilities-based CLEC using its own or a third party's Switch(es),
Interconnection to CenturyLink's operator services Switch is Technically Feasible at two
(2) distinct points on the Trunk Side of the Switch. The first connection point is an
operator services trunk connected directly to the CenturyLink operator services host
Switch. The second connection point is an operator services trunk connected directly to
a remote CenturyLink operator services Switch.
10.7.2.2 Trunk Provisioning and facility ownership must follow CenturyLink
guidelines.
10.7.2.3 In order for CLEC to use CenturyLink's operator services as a facilities-
based CLEC using its own or a third party's Switch(es), CLEC must provide an operator
service trunk between CLEC's End Office Switch and the Interconnection point on the
CenturyLink operator services Switch for each NPA served.
10.7.2.4 The technical requirements of operator service trunk are covered in the
Operator Services Systems Generic Requirement (OSSGR), Telcordia document FR-
NWT-000271, Section 6 (Signaling) and Section 10 (System Interfaces) in general
requirements form.
.10.7.2.5 Each Party'soperator bureau shall accept BLV and BLI inquiries from the
operator bureau of the other Party in order to allow transparent provision of BLV/BLI
traffc between the Parties' networks.
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10.7.2.6 Facilities-based CLEC using its own or a third party's Switch(es) wil
provide separate no-test trunks (not the 10callintraLATA trunks) to the CenturyLink .
BL V/BLI hub or to the CenturyLink operator services Switches. .
10.7.2.7 CenturyLink wil perform operator services in accordance with operating
methods, practices, and standards in effect for all its End User Customers, including
making and receiving EAS/local and IntraLATA Toll calls. CenturyLink will respond to
CLEC's End User Customer calls to CenturyLink's operator services according to the
same priority scheme as it responds to CenturyLink's End User Customer calls. Calls to
CenturyLink's operator services are handled on a first come, first served basis, without
regard to whether calls are originated by CLEC or CenturyLink End User Customers.
10.7.2.8 CenturyLink wil provide operator services to CLEC where Technically
Feasible and facilities are available. CenturyLink may from time-to-time modify and
change the nature, extent, and detail of specific operator services available to its retail
End User Customers, and to the extent it does so, CenturyLink wil provide notice to
CLEC on a timely basis consistent with Commission rules and notice requirements.
10.7.2.9 CenturyLink shall maintain adequate equipment and personnel to
reasonably perform the operator services. Facilties-based CLEC using its own or a third
party's Switch( es) shall provide and maintain the facilities necessary to connect its End
User Customers to the locations where CenturyLink provides the operator services and
to provide all information and data needed or reasonably requested by CenturyLink in
order to perform the operator services.
10.7.2.10 Intentionally Left Blank..
10.7.2.11 CLEC-specific Call Branding for operator services includes recording and
setting up CLEC's brand message and loading the brand message into CenturyLink's
Switch(es). CenturyLink wil record CLEC's brand message.
10.7.2.12 Intentionally Left Blank.
10.7.2.13 Reseller CLEC's End User Customers dial the same number
CenturyLink's own End User Customers dial to access operator services, including "0" or
"0+." Facilities-based CLEC using its own or a third party's Switch(es) may choose to
have its End User Customers access CenturyLink operators by dialing a unique number
or by using the same dialing pattern as used by CenturyLink End User Customers.
10.7.3 Rate Elements
The following rate elements apply to operator services. Operator services are provided to
CLEC for resale with resold local exchange lines at the CenturyLink retail price less the
wholesale discount contained in Exhibit A, if any. Operator services are provided to CLEC as a
facilities-based provider at the market-based prices contained in Exhibit A.
10.7.3.1 Operator services are priced on a per call basis, as follows.
10.7.3.1.1 Operator Servces Calls - Charges apply for each completed
call handled by operator services, including EAS/iocal calls and IntraLATA toll
calls made, or received and accepted, by CLEC's End User Customer. .
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Ancilary Services.10.7.3.1.2 Intentionally Left Blank.
10.7.3.1.3 Intentionally Left Blank.
10.7.3.1.4 Intentionally Left Blank.
10.7.3.1.5 Intentionally Left Blank.
10.7.3.1.6 Busy Line Verify - Charges apply for each call where the
operator determines that conversation exists on a line.
10.7.3.1.7 Busy Line Interrupt - Charges apply for each call where the
operator interrupts conversation on a busy line and requests release of the line.
10.7.3.1.8 Operator Assistance - Charges apply for operator assistance
whether a call is completed or not, that does not otherwise generate an operator
surcharge as described in this Section. These calls include, but are not limited
to: calls given the DDD rate because of transmission problems; calls where the
operator has determined there should be no charge, such as Busy Line Verify
attempts where conversation was not found on the line; calls where CLEC's End
User Customer requests information from the operator and no attempt is made to
complete a call; and calls for quotation service.
.10.7.3.1.9 "Completed call" as used in this Section shall mean that CLEC's
End User Customer makes contact with the location, telephone number, person
or extension designated by the End User Customer.
10.7.3.2 Intentionally Left Blank.
10.7.3.3 CLEC-Specific Call Branding Nonrecurring Charges. CenturyLink will
charge CLEC a nonrecurring set-up and recording fee for establishing CLEC-specific
Call Branding, and for loading CLEC's brand message in CenturyLink's Switch(es).
CLEC must pay such nonrecurring charges prior to commencement of CLEC-specific
branding. The nonrecurring charges apply each time CLEC's brand message is
changed. The nonrecurring charge to load the Switches with CLEC's branded message
wil be assessed each time there is any change to the Switch.
10.7.4 Ordering Process
CLEC wil order operator services by completing the "CenturyLink Operator ServiceslDirectory
Assistance Questionnaire for Competitive Local Exchange Carriers." Copies of this
questionnaire may be obtained from CLEC's designated CenturyLink account manager.
10.7.5 Biling
10.7.5.1 CenturyLink will track usage and bil CLEC for the calls made and
received by CLEC's End User Customers and facilities.
10.7.5.2 CenturyLink wil compute CLEC's invoice based on calls made and
received by CLEC's End User Customers..10.7.5.3 If, due to equipment malfunction or other error, CenturyLink does not
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have available the necessary information to compile an accurate Billng statement,
CenturyLink may render a reasonably estimated bil, but shall notify CLEC of such .
estimate and cooperate in good faith with CLEC to establish a fair, equitable estimate. .
CenturyLink shall render a bill reflecting actual bilable quantities when and if the
information necessary for the Billing statement becomes available.
10.7.5.4 CenturyLink shall provide to CLEC usage information within CenturyLink's
control with respect to calls originated by or terminated to CLEC's End User Customers
in the form of the actual information that is comparable to the information CenturyLink
uses to bil its own End User Customers. Without limiting the generality of the foregoing,
CenturyLink shall provide CLEC with Daily Usage Feed (DUF) biling information.
10.7.5.5 CenturyLink wil provide DUF records for all usage bilable to CLEC's
lines, including Busy Line Verify (BLV), Busy Line Interrupt (BLl), and CenturyLink-ILEC-
provided intraLATA tolL. These records wil be provided as Category 01 or Category 10
EMI records.
10.7.5.6 If CLEC assigns CenturyLink the ILEC to provide IntraLATA Toll services
for its End User Customers, CenturyLink shall bil CLEC and CLEC shall pay
CenturyLink for such services in accordance with Exhibit A.
10.8 Access to Poles, Ducts, Conduits, and Rights of Way
10.8.1 Description
10.8.1.1 Pole Attachments - Where it has ownership or control to do so, .
CenturyLink will provide CLEC with access to available Pole Attachment space for the
placing of facilities for the purpose of transmitting Telecommunications Services.
10.8.1.1.1 The term Pole Attachment means any attachment by CLEC to a
pole owned or controlled by CenturyLink.
10.8.1.2 Ducts and Conduits - Where it has ownership or control to do so,
CenturyLink wil provide CLEC with access to available ducts/conduits for the purpose of
placing facilities for transmitting Telecommunications Services. A spare duct/conduit wil
be leased for copper facilities only, and an innerduct for the purpose of placing fiber.
CLEC may place innerduct in an empty duct/conduit. Control of CLEC-installed spare
innerduct shall vest in CenturyLink immediately upon installation; ownership of such
innerduct shall vest to CenturyLink if and when CLEC abandons such innerduct. Within
a multiple tenant environment (MTE), duct may traverse building Entrance Facilities,
building entrance links, equipment rooms, Remote Terminals, cable vaults, telephone
closets or building riser.
10.8.1.2.1 The terms duct and conduit mean a single enclosed raceway for
conductors, cable and/or wire. Duct and conduit may be in the ground, may
follow streets, bndges, public or private ROW or may be within some portion of a
multiple tenant environment. Within a multiple tenant environment, duct and
conduit may traverse building entrance facilties, building entrance links,
equipment rooms, Remote Terminals, cable vaults, telephone closets or building
riser. The terms duct and conduit include riser conduit..
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10.8.1.2.2 The term innerduct means a duct-like raceway smaller than a
duct/conduit that is inserted into a duct/conduit so that the duct may typically
carry three (3) cables.
10.8.1.2.3 The term microduct means a smaller version of innerduct. Four
(4) microducts can be placed within a 1 'l-inch innerduct.
10.8.1.3 Rights of Way (ROW) - Where it has ownership or control to do so,
CenturyLink wil provide to CLEC, via an Access Agreement in the form of Attachment 4
to Exhibit D, access to available ROW for the purpose of placing Telecommunications
facilities. ROW includes land or other property owned or controlled by CenturyLink and
may run under, on, above, across, along or through public or private property or enter
multiple tenant environments.
10.8.1.3.1 ROW means a real property interest in privately-owned real
property, but expressly excluding any public, governmental, federal or Native
American, or other quasi-public or non-private lands, suffcient to permit
CenturyLink to place Telecommunications facilities on such real property; such
property owner may permit CenturyLink to install and maintain facilities under,
on, above, across, along or through private property or enter multiple tenant
environments. Within a multiple tenant environment, a ROW includes a pathway
that is actually used or has been specifically designated for use by CenturyLink
as part of its transmission and distribution network where the boundaries of the
pathway are clearly defined either by written specifications or unambiguous
physical demarcation.
10.8.1.4 Intentionally Left Blank.
10.8.1.5 The phrase "ownership or control to do so" means the legal right, as a
matter of state law, to (i) convey an interest in real or personal property, or (ii) afford
access to third parties as may be provided by the landowner to CenturyLink through
express or implied agreements, or through Applicable Law as defined in this Agreement.
10.8.1.6 Poles, Ducts and Rights of Way (PDR) Transfer of Responsibility refers to
the transfer of the occupancy of space for either aerial or underground facilities to
assuming CLEC from vacating CLEC.
10.8.1.6.1 A PDR Transfer of Responsibility request received by CenturyLink
is irrevocable upon one hundred percent (100%) payment by assuming CLEC of
the nonrecurring transfer charge.
10.8.2 Terms and Conditions
CenturyLink shall provide CLEC non-discriminatory access to poles, ducts, conduit and Rights
of Way (ROW) on terms and conditions found in the Revised CenturyLink Rights of Way, Pole
Attachment and/or Duct/lnnerduct Occupancy General Information Document, attached hereto
as Exhibit D. CenturyLink wil not favor itself over CLEC when Provisioning access to poles,
ducts, conduits and Rights of Way (ROW). CenturyLink shall not give itself preference when
assigning space.
10.8.2.1 Subject to the provisions of this Agreement, CenturyLink agrees to. issue
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to CLEC authorization for CLEC to attach, operate, maintain, rearrange, transfer and
remove at its sole expense its facilities on poles/ductlinnerduct or ROW owned or .
controlled in whole or in part by CenturyLink, subject to orders placed by CLEC. Any ,
and all rights granted to CLEC shall be subject to and subordinate to any future local,
state and/or federal requirements.
10.8.2.2 CenturyLink will rely on such codes as the National Electrical Safety Code
(NESC) to prescribe standards with respect to capacity, safety, reliability, and general
engineering principles.
10.8.2.3 Federal requirements, such as those imposed by Federal Energy
Regulatory Commission (FERC) and Occupational Safety and Health Administration
(OSHA), wil continue to apply to the extent such requirements affect requests for
attachments or occupancy to CenturyLink facilities under Section 224(f)(1) of the Act.
10.8.2.4 CLEC shall provide access to a map of the requested
poles/ductlinnerductlROW route, including estimated distances between major points,
the identification and location of the poles/ductlinnerduct and ROWand a description of
CLEC's facilities. CenturyLink agrees to provide to CLEC access to relevant plats,
maps, engineering records and other data within ten (10) business days of receiving a
request for such information, except in the case of extensive requests. Extensive
requests involve the gathering of plats from more than one (1) location, span more than
five (5) Wire Centers, or consist of ten (10) or more intra-Wire Center requests submitted
simultaneously. Responses to extensive requests wil be provided within a reasonable
interval, not to exceed forty-five (45) Days.
10.8.2.5 Except as expressly provided herein, or in the Pole Attachment Act of .
1934 as amended and its regulations and rules, or in any applicable state or municipal
laws, nothing herein shall be construed to compel CenturyLink to construct, install,
modify or place any poles/ductlinnerduct or other facility for use by CLEC.
10.8.2.6 CenturyLink retains the right to determine the availability of space on
poles/ductlinnerduct, conduit and ROW consistent with 47 U.S.C. § 224 and FCC
orders, rules and regulations pursuant to 47 U.S.C. § 224. In the event CenturyLink
determines that rearrangement of the existing facilties on poles, ductlinnerductlconduit,
and ROW is required before CLEC's facilities can be accommodated, the actual cost of
such modification wil be included in CLEC's nonrecurring charges for the associated
order (Make-Ready fee). When modifications to a CenturyLink spare ductlconduit
include the placement of innerduct, CenturyLink or CLEC wil install the number of
innerduct required to fil the ductlconduit to its full capacity.
10.8.2.7 CenturyLink shall make manhole ingress and egress for ductlinnerduct
access available to CLEC. CenturyLink wil perform a feasibility study to determine
whether to provide a stub out via the pre-constructed knock out within the manhole, or to
perform a core dril of the manhole.
10.8.2.8 Where such authority does not already exist, CLEC shall be responsible
for obtaining the necessary legal authority to occupy ROW, and/or poles/ductlinnerduct
on governmental, federal, Native American, and private rights of way. CLEC shall obtain
any permits, licenses, bonds, or other necessary legal authority and permission, at
CLEC's sole expense, in order to perform its obligations under this Agreement. CLEC .
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required to perform the work prior to entering the property or starting any work thereon.
See Section 10.8.4. CLEC shall comply with all conditions of rights-of-way and permits.
Once such permission is obtained, all such work may be performed by CenturyLink or
CLEC at the option of CLEC.
.
10.8.2.9 Access to a CenturyLink Central Offce manhole wil be permitted where
Technically Feasible. If space is available, CenturyLink wil allow access through the
Central Office manhole to the POI (Point of Interconnection). There shall be a
presumption that there shall be no fiber splices allowed in the Central Offce manhole.
However, where CLEC can establish the necessity and Technical Feasibility of splicing
in the Central Office manhole, such action shall be permitted.
10.8.2.10 Replacement/Modification/Installation - If CLEC requests CenturyLink to
replace or modify existing poles/duct/innerduct to increase its strength or capacity for the
sole benefit of CLEC, CLEC shall pay CenturyLink the total actual replacement cost,
CenturyLink's actual cost to transfer its attachments to new poles/duct/innerduct, as
necessary, and the actual cost for removal (including actual cost of destruction) of the
replaced poles/ductlinnerduct, if necessary. Ownership of new poles/duct/innerduct
shall vest to CenturyLink.
10.8.2.10.1 Upon request, CenturyLink shall permit CLEC to install
poles/ductlinnerduct. CenturyLink reserves the right to reject any non-
conforming replacement pole/ductlinnerduct installed by CLEC that does not
conform to the NESC, OSHA or local ordinances.
10.8.2.10.2 To the extent that a modification is incurred for the benefit of
multiple parties, CLEC shall pay a proportionate share of the total actual cost
based on the ratio of the amount of new space occupied by the facilities of CLEC
to the total amount of space occupied by all parties including CenturyLink or its
Affliates participating in the modification. Parties who do not initiate, request or
receive additional space from a modification, are not required to share in the cost
of the modification. CLEC, CenturyLink or any other party that uses a
modification as an opportunity to bring its facilities into compliance with
applicable safety or other requirements wil be deemed to be sharing in the
modification and wil be responsible for its share of the modification cost.
Attaching entities wil not be responsible for sharing in the cost of governmentally
mandated pole or other facility modification. CenturyLink does not and wil not
favor itself over other Carriers when Provisioning access to poles, innerduct and
rights-of-way.
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10.8.2.10.3 The modifying party or parties may recover a proportionate
share of the modification costs from parties that later are able to obtain access as
a result of the modification. The proportionate share of the subsequent attacher
wil be reduced to take account of depreciation to the pole or other facilty that
has occurred since the modification. The modifying party or parties seeking to
recover modification costs from parties that later obtain attachments shall be
responsible for maintaining all records regarding modification costs. CenturyLink
shall not be responsible for maintaining records regarding modification costs on
behalf of attaching entities.
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10.8.2.11 Notification of modifications initiated by or on behalf of CenturyLink and at
CenturyLink's expense shall be provided to CLEC at least sixty (60) Days prior to .
beginning modifications. Such notification shall include a brief description of the nature
and scope of the modification. If CLEC does not respond to a requested rearrangement
of its facilities within sixty (60) Days after receipt of written notice from CenturyLink
requesting rearrangement, CenturyLink may penorm or have performed such
rearrangement and CLEC shall pay the actual cost thereof. No such notice shall be
required in emergency situations or for routine maintenance of poles/ductlinnerduct
completed at CenturyLink's expense.
10.8.2.12 CenturyLink reserves the right to make an on-site/final construction
inspection of CLEC's facilities occupying the poles/ductlinnerduct system. CLEC shall
reimburse CenturyLink for the actual cost of such inspections except where specified in
this Section.
10.8.2.13 When final construction inspection by CenturyLink has been completed,
CLEC shall correct such non-complying conditions within the reasonable period of time
specified by CenturyLink in its written notice. If corrections are not completed within the
specified reasonable period, occupancy authorizations for the ROW,
poles/ductlinnerduct system where non-complying conditions remain uncorrected shall
suspend forthwith, regardless of whether CLEC has energized the facilities occupying
said poles/ductlinnerduct or ROW system and CLEC shall remove its facilities from said
poles/ductlinnerduct or ROW in accordance with the provisions of this Section, provided,
however, if the corrections physically cannot be made within such specified time, and
CLEC has been dilgently prosecuting such cure, CLEC shall be granted a reasonable
additional time to complete such cure. CenturyLink may deny further occupancy
authorization to CLEC until such non-complying conditions are corrected or until CLEC's
facilties are removed from the poles/ductlinnerduct system where such non-complying
conditions exist. If agreed between both Parties, CenturyLink shal.1 perform or have
performed such corrections and CLEC shall pay CenturyLink the actual cost of
penorming such work. Subsequent inspections to determine if appropriate corrective
actions have been taken may be made by CenturyLink.
10.8.2.14 Once CLEC's facilities begin occupying the poles/ductlinnerduct or ROW
system, CenturyLink may penorm a reasonable number of inspections. CenturyLink
shall bear the cost of such inspections unless the results of the inspection reveal a
material violation or hazard, or that CLEC has in any other way failed to comply with the
provisions of Section 10.8.2.20; in which case CLEC shall reimburse CenturyLink the
costs of inspections and re-inspections, as required. CLEC's representative may
accompany CenturyLink on such field inspections. The cost of periodic inspection or
any special inspections found necessary due to the existence of sub-standard or
unauthorized occupancies shall be biled separately.
10.8.2.15 The costs of inspections made during construction and/or the final
construction survey and subsequent inspection shall be biled to CLEC upon completion
of the inspections.
10.8.2.16 Final construction, subsequent, and periodic inspections or the failure to
make such inspections, shall not relieve CLEC of any responsibilties, obligations, or
liability assigned under this Agreement.
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10.8.2.17 CLEC may use individual workers of its choice to perform any work
necessary for the attaching of its facilities so long as such workers have the same
qualifications and training as CenturyLink's workers. CLEC may use any contractor
approved by CenturyLink to perform make-ready work.
10.8.2.18 If CenturyLink terminates an order for cause, or if CLEC terminates an
order without cause, subject to 10.8.4.4.4, CLEC shall pay termination charges equal to
the amount of fees and charges remaining on the terminated order(s) and shall remove
its facilities from the poles/ductlinnerduct within sixty (60) Days, or cause CenturyLink to
remove its facilities from the poles/ductlinnerduct at CLEC's expense; provided,
however, that CLEC shall be liable for and pay all fees and charges provided for in this
Agreement to CenturyLink until CLEC's facilities are physically removed. "Cause" as
used herein shall include CLEC's use of its facilities in material violation of any
Applicable Law or in aid of any unlawful act or making an unauthorized modification to
CenturyLink's poles/ductlinnerduct, or, in the case of ROW, any act or omission that
violates the terms and conditions of either (a) the Access Agreement by which
CenturyLink conveys a right of access to the ROW to CLEC, or (b) the instrument
granting the original ROW to CenturyLink or its predecessor.
10.8.2.19 CenturyLink may abandon or sell any poles/ductlinnerductlconduit or ,
ROW at any time by giving written notice to CLEC. Any poles/ductlinnerductlconduit or
ROW that is sold, wil be sold subject to all existing legal rights of CLEC. Upon
abandonment of poles/ductlinnerductlconduit or ROW, and with the concurrence of the
other joint user(s), if necessary, CLEC shall, within sixty (60) Days of such notice, either:
1) continue to occupy the poles/ductlinnerductlconduit or ROW pursuant to its existing
rights under this Agreement if the poles/ductlinnerductlconduit or ROW is purchased by
another party; 2) purchase the poles/ductlinnerductlconduit or ROW from CenturyLink at
the current market value; or 3) remove its facilities therefrom. Failure to explicitly elect
one of the foregoing options within sixty (60) Days shall be deemed an election to
purchase the poles/ductlinnerductlconduit or ROW at the current market value if no
other party purchased the poles/ductlinnerductlconduit or ROW within this sixty (60) Day
period.
10.8.2.20 CLEC's facilities shall be placed and maintained in accordance with the
requirements and specifications of the current applicable standards of Telcordia Manual
of Construction Standards, the National Electrical Code, the National Electrical Safety
Code, and the rules and regulations of the Occupational Safety and Health Act, all of
which are incorporated by reference, and any governing authority having jurisdiction.
Where a difference in specifications exists, the more stringent shall apply.
Notwithstanding the foregoing, CLEC shall only be held to such standard as
CenturyLink, its Affiliates or any other Telecommunications Carrier is held. Failure to
maintain facilities in accordance with the above requirements or failure to correct as
provided in Section 10.8.2.13 shall be cause for termination of the order. CLEC shall in
a timely manner comply with all requests from CenturyLink to bring its facilties into
compliance with these terms and conditions.
.
.
10.8.2.21 Should CenturyLink under the provisions of this Agreement remove
CLEC's facilities from the poles/ductlinnerduct covered by any order, CenturyLink wil
deliver the facilities removed upon payment by CLEC of the cost of removal, storage and
delivery, and all other amounts due CenturyLink. If CLEC removes facilities from
poles/ductlinnerduct for other than repair or maintenance purposes, no replacement on
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the poles/ductlinnerduct shall be made until all outstanding charges due CenturyLink for
previous occupancy have been paid in fulL. CLEC shall advise CenturyLink in writing as
to the date on which the removal of facilties from the poles/ductinnerduct has been
completed.
10.8.2.22 If any facilities are found attached to poles/ductlinnerduct for which no
order is in effect, CenturyLink, without prejudice to its other rights or remedies under this
Agreement, may assess a charge and CLEC agrees to pay the lesser of (a) the annual
fee per pole or per innerduct run between two (2) manholes for the number of years
since the most recent inventory, or (b) five (5) times the annual fee per pole or per
innerduct run between two (2) manholes. In addition, CLEC agrees to pay (a) interest
on these fees at a rate set for the applicable time period by the Internal Revenue Service
for individual underpayments pursuant to Section 6621 of the Internal Revenue Service
Code (25 U.S.C. § 6621, Rev. Rul. 2000-30, 2000-25 IRS 1262), and (b) the cost of any
audit required to identify unauthorized CLEC attachments. CenturyLink shall waive half
the unauthorized attachment fee if the following conditions are met: (1) CLEC cures
such unauthorized attachment (by removing it or submitting a valid order for the
attachment in the form of Attachment 20f Exhibit D, within thirty (30) Days of written
notification from CenturyLink of the unauthorized attachment; and (2) the unauthorized
attachment did not require CenturyLink to take curative measures itself (e.g., pullng
additional innerduct) prior to cure by CLEC, (3) CLEC reimburses CenturyLink for cost of
audit, or portion thereof, which discovered the unauthorized attachment. CenturyLink
shall also waive the unauthorized attachment fee if the unauthorized attachment arose
due to error by CenturyLink rather than CLEC. CLEC is required to submit in writing,
within ten (10) business days after receipt of written notification from CenturyLink of the
unauthorized occupancy, a poles/ductlinnerduct application. If such application is not
received by CenturyLink within the specified time period, CLEC wil be required to
remove its unauthorized facility within thirty (30) Days of the final date for submitting the
required application, or CenturyLink may remove CLEC's facilities without liability, and
the cost of such removal shall be borne by CLEC.
10.8.2.23 No act or failure to act by CenturyLink with regard to an unauthorized
occupancy shall be deemed as the authorization of the occupancy. Any subsequently
issued authorization shall not operate retroactively or constitute a waiver by CenturyLink
of any of its rights or privileges under this Agreement or otherwise. CLEC shall be
subject to all liabilities of the Agreement in regard to said unauthorized occupancy from
its inception.
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10.8.2.24 CenturyLink wil provide CLEC non-discriminatory access to
poles/ducts/innerducts/conduits and ROW pursuant to 47 U.S.C. § 224 and FCC orders,
rules and regulations pursuant to 47 U.S.C. § 224. In the event of a conflct between this
Agreement, on one hand, and 47 U.S.C. § 224 and FCC orders, rules and regulations
pursuant to 47 U.S.C. § 224, on the other, 47 U.S.C. § 224 and FCC orders, rules and
regulations pursuant to 47 U.S.C. § 224 shall govern. Further, in the event of a conflict
between Exhibit D, on one hand, and this Agreement or 47 U.S.C. § 224 and FCC
orders, rules and regulations pursuant to 47 U.S.C. § 224, on the other, this Agreement
or 47 U.S.C. § 224 and FCC orders, rules and regulations pursuant to 47 U.S.C. § 224
shall govern, provided however, that any Access Agreement that has been duly
executed, acknowledged and recorded in the real propert records for the county in
which the ROW is located shall govern in any event pursuant to its terms.
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Ancilary Services.10.8.2.25 Nothing in this Agreement shall require CenturyLink to exercise eminent
domain on behalf of CLEC.
10.8.2.26 CenturyLink will not enter into ROW agreements for the provision of
Telecommunications Services, including agreements relating to ROW within multiple
tenant environments, that preclude CLEC from using ROW over which CenturyLink has
ownership or control. Upon CLEC request, CenturyLink will certify to a landowner with
whom CenturyLink has an ROW agreement, the following:
10.8.2.26.1 that the ROW agreement with CenturyLink does not preclude
the landowner from entering into a separate ROW agreement with CLEC; and
10.8.2.26.2 that there wil be no penalty under the agreement between the
landowner and CenturyLink if the landowner enters into a ROW agreement with
CLEC.
10.8.2.27 For purposes of permitting CLEC to determine whether CenturyLink has
ownership or control over duct/conduit or ROW, including duct/conduit or ROW within a
specific multiple tenant environment, if CLEC requests a copy of an agreement between
CenturyLink and the owner of a duct/conduit or ROW, including duct/conduit or ROW
within a specific multiple tenant environment, that grants CenturyLink access to,
ownership of, or control of duct/conduit or ROW within a specific multiple tenant
environment, CenturyLink wil provide the agreement to CLEC pursuant to the terms of
this Section. CLEC will submit a completed Attachment 1.A from Exhibit D that identifies
a specific multiple tenant environment or route for each agreement..10.8.2.27.1 Upon receipt of a completed Attachment 1.A, CenturyLink wil
prepare and return an MTE matrix or ROW matrix, as applicable, within ten (10)
Days, which wil identify (a) the owner of the duct/conduit or ROW or multiple
tenant environment as reflected in CenturyLink's records, and (b) whether or not
CenturyLink has a copy of an agreement that provides CenturyLink access to
duct/conduit or ROW or multiple tenant environment in its possession.
CenturyLink makes no representations or warranties regarding the accuracy of
its records, and CLEC acknowledges that the original property owner may not be
the current owner of the property.
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10.8.2.27.2 CenturyLink grants a limited waiver of any confidentiality rights it
may have with regards to the content of the agreement, subject to the terms and
conditions in Section 10.8.2.27.3 and the Consent to Disclosure form.
CenturyLink will provide to CLEC a copy of an agreement listed in the MTE
matrix or ROW matrix, as applicable, that has not been publicly recorded after
CLEC obtains authorization for such disclosure from the third party owner( s) of
the real property at issue by presenting to CenturyLink an executed version of
the Consent to Disclosure form that is included in Attachment 4 to Exhibit D of
this Agreement. In lieu of submission of the Consent to Disclosure form, CLEC
must comply with the indemnification requirements in Section 10.8.4.1.3.
10.8.2.27.3 As a condition of its limited waiver of its right to confidentiality in
an agreement that provides CenturyLink access to a multiple tenant environment
that CenturyLink provides to CLEC or that CLEC obtains from the multiple tenant
environment owner or operator, CenturyLinkshall redact all dollar figures from
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copies of agreements that have not been publicly recorded that CenturyLink
provides to CLEC and shall require that the multiple tenant environment owner or .-
operator make similar redaction's prior to disclosure of the agreement.
10.8.2.27.4 In all instances, CLEC wil use agreements only for the following
purposes: (a) to determine whether CenturyLink has ownership or control over
duct, conduits, or rights-of-way within the property described in the agreement;
(b) to determine the ownership of wire within the propert described in the
agreement; or (c) to determine the Demarcation Point between CenturyLink
facilities and the owner's facilities in the property described in the agreement.
CLEC further agrees that CLEC shall not disclose the contents, terms, or
conditions of any agreement provided pursuant to Section 10.8 to any CLEC
agents or employees engaged in sales, marketing, or product management
efforts on behalf of CLEC.
10.8.2.28 In cities where CenturyLink has deployed microduct technology but no
vacant microduct is available on the specified route, CLEC may request CenturyLink to
place microduct along the desired route or CLEC can choose to place microduct that
must meet CenturyLink specifications.
10.8.2.29 In cities where CenturyLink has not deployed microduct and CLEC
wishes to use this technology, CLEC must lease an innerduct. In these locations CLEC
wil be required to furnish and place the microduct. At the conclusion of the lease, CLEC
and CenturyLink wil make a joint decision whether or not CLEC wil be required to
remove CLEC's microduct from the innerduct.
10.8.2.30 If any microduct is found occupying facilities for which no order is in .
effect, CenturyLink, without prejudice to its other rights or remedies, may assess a
charge and CLEC agrees to pay the lesser of (a) the annual fee per microduct run
between two (2) manholes for the number of years since the most recent inventory, or
(b) five (5) times the annual fee per microduct run between two (2) manholes.
10.8.2.30.1 In addition, CLEC agrees to pay (a) interest on these fees at a
rate set for the applicable time period by the Internal Revenue Service for
individual underpayments pursuant to Section 6621 of the Internal Revenue
Service Code (25 U.S.C 6621, Rev. Rul. 2000-30, 2000-25 IRS 1262), and (b)
the cost of any audit required to identify unauthorized CLEC occupancy.
10.8.2.30.2 CenturyLink shall waive half the unauthorized occupancy fee if
the following conditions are met:
10.8.2.30.2.1 CLEC cures such unauthorized occupancy by removing it
or submitting a valid order for the attachment within thirty (30) days of
written notification from CenturyLink.
10.8.2.30.2.2 The unauthorized occupancy did not require CenturyLink
to take curative measures (e.g., pulling additional microduct) prior to cure
byCLEC.
10.8.2.30.2.3 CLEC reimburses CenturyLink for cost of audit, or portion
thereof, which discovered the unauthorized occupancy. CenturyLink shall .
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Ancilary Services.also waive the unauthorized occupancy fee if the unauthorized occupancy
arose due to error by CenturyLink rather than CLEC. CLEC is required to
submit in writing, within ten (10) business days after receipt of written
notification from CenturyLink of the unauthorized occupancy, a
PoleslDuct/lnnerduct/Microduct Application. If such application is not
received by CenturyLink within the specified time period, CLEC wil be
required to remove its unauthorized facility within thirty (30) Days of the
final date for submitting the required application, or CenturyLink may
remove CLEC's facilties without liability, and the cost of such removal
shall be borne by CLEC.
10.8.2.31 To be eligible for PDR Transfer of Responsibility of the occupancy of
space for poles or conduit, vacating CLEC must have a valid Agreement in place for
those facilities specified for transfer.
10.8.2.31.1 The assuming CLEC is required to have an Agreement with
CenturyLink that includes all elements involved in the transfer.
10.8.2.31.2 The Agreement referenced in the PDR Transfer of
Responsibility request will be transferred either in its entirety or portion thereof as
specified in the PDR Transfer of Responsibility Application Form and Transfer
Authorization Agreement.
.10.8.2.31.3 The PDR Transfer of Responsibility includes changing the
following CenturyLink items: Customer name, Access Carrier Name
Abbreviation (ACNA), Master Customer Number (MCN), customer address,
telephone number, biling and contact information, and contact telephone
number. The eight (8) character CLEC CLLl1M code wil remain the same.
10.8.2.31.4 If vacating CLEC has filed for bankruptcy, assuming CLEC must
comply with 11 U.S.C. Section 365.2.61. The negotiation of the terms and
conditions between vacating CLEC and assuming CLEC is the responsibility of
those two parties. CenturyLink does not participate in these discussions.
CenturyLink manages the database and records the transfer.
10.8.2.31.5 CenturyLink is not responsible for the physical condition of
CLEC's facilities.
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10.8.2.31.6 Prior to submission of a PDR Transfer of Responsibility request,
all work in progress must be negotiated between vacating and assuming CLEC.
10.8.2.31.7 Prior to submitting a Transfer of Responsibility request,
assuming CLEC's financial obligations to CenturyLink must be in good standing.
If vacating CLEC is unable to meet its financial obligations, assuming CLEC wil
be required to assume the financial obligations of vacating CLEC.
10.8.2.31.8 Vacating and assuming CLEC must provide CenturyLink a
signed CenturyLink PDR Transfer Authorization Agreement providing the
following information: All CenturyLink Central Office Service Areas that may
apply, PDR Billng Authorization Numbers (BAN), requested completion date (not
binding), and state-specific charge for the transfer as indicated in Exhibit A.
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10.8.2.31.9 Once the transfer request is accepted, CenturyLink wil submit
the signed PDR Transfer of Responsibility Request Consent Form to vacating .
and assuming CLECs and the transfer will be completed.
10.8.3 Rate Elements
CenturyLink recurring and nonrecurring charges for attachments are in accordance with Section
224 of the Act and FCC orders, rules and regulations promulgated there under and with rates
established by the Commission. Charges are included in Exhibit A.
10.8.3.1 Inquiry Fee. A non-refundable pre-paid charge used to recover the costs
associated with performing an internal record review to determine if a requested route
and/or facility is available, or with respect to ROW, to determine the information
necessary to create the MTE matrix or ROW matrix, as applicable, which identifies, for
each ROW, the name of the original grantor and the nature of the ROW (Le., publicly
recorded and non-recorded) and the MTE matrix or ROW matrix, as applicable, which
identifies each requested legal agreement between CenturyLink and a third party who
has a multiple tenant environment in CenturyLink's possession that relates to
Telecommunications Services provided to or through real property owned by the third
party (MTE Agreement) and, for each such MTE Agreement, the name of the third party.
Separate Inquiry Fees apply for ROW, poles and duct/conduit/innerduct.
10.8.3.2 Field Verification Fee/Access Agreement Preparation Fee. In the case of
poles and duct/innerduct, the Field Verification Fee is a non-refundable pre-paid charge
which recovers the estimated actual costs for a field survey verification required for a
route and to determine scope of any required make-ready work. Separate Field
Verification Fees apply for poles and manholes. In the case of ROW, the Access
Agreement Preparation Fee is a non-refundable, pre-paid charge which recovers the
estimated actual costs for preparation of the Access Agreement for each ROW
requested by CLEC. Field Verification and Access Agreement Preparation Fees shall be
biled in advance.
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10.8.3.3 Make-Ready Fee. A pre-paid non-refundable (other than true-up) charge
which recovers the cost of necessary work required to make the requested facility/ROW
available for access. For innerduct, this could include, but is not limited to, the placing of
innerduct in conduit/duct systems or core drillng of manholes. For Pole Attachment
requests, this could include, but is not limited to, the replacement of poles to meet
required clearances over roads or land. For ROW, this make-ready could include, but is
not limited to, personnel time, including attorney time. With respect to ROW, make-
ready work refers to legal or other investigation or analysis arising out of CLEC's failure
to comply with the process described in Exhibit D for ROW, or other circumstances
giving rise to such work beyond the simple preparation of one or more Access
Agreements. The estimated pre-paid fee shall be biled in advance.
10.8.3.4 Pole Attachment Fee. A pre-paid fee which is charged for the occupancy,
including during any make-ready period, of one (1) foot of pole space (except for
antenna attachment which requires two (2) feet). This fee shall be annual unless CLEC
requests that it be semi-annual.
10.8.3.5 Innerduct Occupancy Fee. A pre-paid fee which is charged for the
occupancy, including during any make-ready period, of an innerduct on a per foot basis. .
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Ancilary Services.This fee shall be annual unless CLEC requests that it be semi-annual.
10.8.3.6 Access Agreement Consideration. A pre-paid fee which constitutes
consideration for conveying access to the ROW to CLEC. This fee shall be a one-time
(Le., nonrecurring) fee.
10.8.3.7 Microduct Occupancy Fee. A pre-paid fee which is charged for the
occupancy, including during any make-ready period, and biled annually per microduct,
per foot.
10.8.3.8 PDR Transfer of Responsibility. Vacating CLEC wil not incur charges for
a transfer of responsibility agreement. A PDR Transfer of Responsibility charge for
assuming CLEC wil be a nonrecurring charge associated with the transfer of the
agreement.
10.8.4 Ordering
.
There are two (2) steps required before placing an order for access to ROW, duct/innerduct and
Pole Attachment: Inquiry Review and Field Verification.
10.8.4.1 Inquiry Reviews. Upon receipt of an inquiry regarding ROW access, Pole
Attachment or duct/innerduct occupancy, CenturyLink wil provide CLEC with Exhibit D.
CLEC wil review the documents and provide CenturyLink with maps of the desired area
indicating the routes and entrance points for proposed attachment, proposed occupancy
or proposed CLEC construction on CenturyLink owned or controlled poles,
duct/innerduct and ROW as well as the street addresses of any multiple tenant
environments upon or through which CLEC proposes construction on ROW owned or
controlled by CenturyLink. CLEC wil include the appropriate inquiry fee with a
completed Attachment 1.A from Exhibit D.
10.8.4.1.1 Inquiry Review - Duct/Conduit/lnnerduct. CenturyLink wil
complete the database inquiry and prepare a duct/conduit structure diagram
(referred to as a "Flatline") which shows distances and access points (such as
manholes). Along with the Flatline will be estimated costs for field verification of
available facilities. These materials wil be provided to CLEC within ten (10)
Days or within the time frames of the applicable federal or state law, rule or
regulation.
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10.8.4.1.2 Inquiry Review - Poles. CenturyLink wil provide the name and
contact number for the appropriate local field engineer for joint validation of the
poles and route and estimated costs for field verification on Attachment 1.6 of
Exhibit D within ten (10) Days of the request.
10.8.4.1.3 Inquiry Review - ROW. CenturyLink shall, upon request of
CLEC, provide the ROW matrix, the MTE matrix and a copy of all publicly
recorded agreements listed in those matrices to CLEC within ten (10) Days of the
request. CenturyLink wil provide to CLEC a copy of agreements listed in the
matrices that have not been publicly recorded if CLEC obtains authorization for
such disclosure from the third party owner(s) of the real propert at issue by an
executed version of the Consent to Disclosure form, which is included in Exhibit
D, Attachment 4. CenturyLink may redact all dollar figures from copies of
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agreements listed in the matrices that have not been publicly recorded that
CenturyLink provides to CLEC. Any dispute over whether terms have been
redacted appropriately shall be resolved pursuant to the Dispute Resolution
procedures set forth in this Agreement. Alternatively, in order to secure any
agreement that has not been publicly recorded, CLEC may provide a legally
binding and satisfactory agreement to indemnify CenturyLink in the event of any
legal action arising out of CenturyLink's provision of such agreement to CLEC. In
that event, CLEC shall not be required to provide an executed Consent to
Disclosure form. CenturyLink makes no warranties concerning the accuracy of
the information provided to CLEC; CLEC expressly acknowledges that
CenturyLink's files contain only the original ROW instruments, and that the
current owner(s) of the fee estate may not be the party identified in the document
provided by CenturyLink.
10.8.4.2 Field Verification - Poles Ductllnnerduct and Access Agreement
Preparation (ROW). CLEC wil review the inquiry results and determine whether to
proceed with field verification for poles/ducts or Access Agreement preparation for ROW.
If field verification or Access Agreement preparation is desired, CLEC wil sign and
return Attachment 1.8 of Exhibit D along with a check for the relevant verification fee
(Field Verification Fee or Access Agreement Preparation Fee) plus $10.00 per Access
Agreement as consideration for the Access Agreement. Upon payment of the relevant
fee and Access Agreement consideration, if applicable, CenturyLink wil provide, as
applicable, depending on whether the request is for poles, ductlinnerductlconduit, or
ROW: (a) in the case of ductlinnerductlconduit, a field survey and site investigation of
the ductlinnerductlconduit, including the preparation of distances and drawings, to
determine availability of existing ductlinnerductlconduit; identification of make-ready
costs required to provide space; the schedule in which the make-ready work wil be
completed; and, the annual recurring prices associated with the attachment of facilities;
(b) in the case of ROW, the completed Access Agreement(s), executed and
acknowledged by CenturyLink. Upon completion of the Access Agreement(s) by CLEC,
in accordance with the instructions, terms and conditions set forth in Exhibit D, the
Access Agreement becomes effective to convey the interest identified in the Access
Agreement (if any). Any dispute regarding whether a legal agreement conveys a ROW
shall be resolved between CLEC and the relevant third party or parties, and such
disputes shall not involve CenturyLink; and/or (c) in the case of poles, estimates of
make-ready costs and the annual recurring prices associated with the attachment of
facilties shall be as provided in Exhibit A. The verification of (a), (b), and (c), above,
shall be completed by CenturyLink not later than forty-five (45) Days after CLEC's
submission of the inquiry request. Make-ready time, if any, and CLEC review time is not
part of the forty-five (45) Day intervaL. The Attachment 2 quotation shall be valid for
ninety (90) Days.
10.8.4.2.1 CLEe-Performed Field Verification. At the option of CLEC, it
may perform its own field verification (in lieu of CenturyLink performing seme)
with the following stipulations: 1) Verifications wil be conducted by a
CenturyLink approved contractor; 2) A CenturyLink contractor will monitor the
activity of CLEC contractor and a current labor rate wil be charged to CLEC; 3)
CLEC wil provide CenturyLink with a legible copy of manhole butterfy drawings
that reflect necessary make-ready effort; and 4) CenturyLink wil use CLEC-
provided butterfy drawings and documentation to check against existing jobs and
provide a final field report of available ductlinnerduct. CLEC wil be charged
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10.8.4.3 Order - Poles and Duct/lnnerduct. The review, signing and return of
Attachment 2 of the General Information Document along with payment of the Make-
Ready and prorated recurring access charges for the current relevant period (annual or
semi-annual) shall be accepted as an order for the attachment or occupancy. Upon
receipt of the accepted order from CLEC and applicable payment for the fees identified,
CenturyLink wil assign the requested space and commence any make-ready work
which may be required. CenturyLink wil notify CLEC when poles/duct/innerduct are
ready.
10.8.4.4 Make-Ready - Estimates of Make-Ready are used to cover actual Make-
Ready costs.
10.8.4.4.1 If CenturyLink requests, CLEC wil be responsible for payment
of the actual Make-Ready costs determined if such costs exceed the estimate.
Such payment shall be made within thirty (30) Days of receipt of an invoice for
the costs that exceed the estimate.
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10.8.4.4.2 Within fifteen (15) business days of a request, CenturyLink wil
provide CLEC copies of records reflecting actual cost of Make-Ready work;
provided, however, that, if CenturyLink does not possess all such records at the
time of the request, then CenturyLink wil provide copies of such records within
fifteen (15) business days of receipt of such records. CLEC must request such
records, if at all, within sixty (60) Days after written notification of the completion
of the Make-Ready work.
10.8.4.4.3 If the actual Make-Ready costs are less than the estimate, an
appropriate credit for the difference wil be issued upon request. Such request
must be received within sixty (60) Days following CLEC's receipt of copies of
records if CLEC has requested records under this paragraph, or within sixty (60)
Days after written notification of the completion of Make-Ready work if CLEC has
not requested records under this paragraph. Such credit wil issue within ten (10)
business days of CenturyLink's receipt of either all records related to such actual
costs or CLEC's request for credit, whichever comes last, but in no event later
than ninety (90) Days following the request for credit.
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10.8.4.4.4 If CLEC cancels or if, due to circumstances unforeseen during
inquiry/verification, CenturyLink denies the request for poles, ducts or ROW,
upon CLEC request, CenturyLink wil also refund the difference between the
actual Make-Ready costs incurred and those prepaid by CLEC, if any. Such
request must be made within thirty (30) Days of CLEC's receipt of written denial
or notification of cancellation. Any such refund shall be made within ten (10)
business days of either receipt of CLEC's request or CenturyLink's receipt of all
records relating to the actual costs, whichever comes last, but in no event later
than ninety (90) Days following the deniaL.
10.8.4.5 The PDR Transfer of Responsibility process requires the
submission of the DPR Transfer of Responsibility Application Form containing
information for both the vacating and assuming CLECs, a signed CenturyLink PDR
Transfer Authorization Agreement, and full payment of the quoted PDR Transfer of
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Responsibility charge.
10.8.4.5.1 The PDR Transfer of Responsibility Application Form and
Transfer Authorization Agreement are on CenturyLink's web site at:
http://ww.centurylink.com/wholesale/pcat/poleductrow.html.
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10.8.4.5.2 The PDR Transfer of Responsibility Application Form and an
electronic version of the Transfer Authorization Agreement with "Agreed" entered
in the designated signature blocks (this wil act as your electronic signature) must
be submitted to wsstaicenturylink.com.
10.8.4.5.3 The printed and signed PDR Transfer Authorization Agreement
and full payment is to be mailed to: Resource Allocation, 700 W. Mineral MT-
G28.24, Littleton CO 80120.
10.8.5 Biling
10.8.5.1 CLEC agrees to pay the following fees in advance as specified in Exhibit A:
Inquiry Fee, Field Verification Fee, Access Agreement Preparation Fee, Make-Ready Fee, Pole
Attachment Fee, Duct/lnnerduct Occupancy Fee and Access Agreement Consideration. Make-
Ready Fees will be computed in compliance with applicable local, state and federal guidelines.
Usage fees for poles/duct/innerduct (Le., Pole Attachment Fee and Duct/lnnerduct Occupancy
Fee) wil be assessed on an annual basis (unless CLEC requests a semi-annual basis). Annual
usage fees for poles/ductinnerduct wil be assessed as of January 1 of each year. Semi-annual
usage fees for poles/duct/innerduct wil be assessed as of January 1 and July 1 of each year.
All fees shall be paid within thirty (30) Days following receipt of invoices. All fees are not .
refundable except as expressly provided herein.
10.8.5.2 Vacating CLEC is obligated to pay all recurring charges until CenturyLink
completes the PDR Transfer of Responsibility request. Once the transfer is complete, the
effective date to cease recurring billng wil coincide with the same date recurring billng starts
for assuming CLEC.
10.8.6 Maintenance and Repair
In the event of any service outage affecting both CenturyLink and CLEC, repairs shall be
effectuated on a non-discriminatory basis as established by local, state or federal requirements.
Where such requirements do not exist, repairs shall be made in the following order: electrical,
telephone (EAS/local), telephone (Long Distance), and cable television, or as mutually agreed
to by the users of the affected poles/duct/innerduct.
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Section 11
Network Security
Section 11.0 - NETWORK SECURITY
11.1 Protection of Service and Property. Each Party shall exercise the same degree
of care to prevent harm or damage to the other Party and any third parties, its employees,
agents or End User Customers, or their property as it employs to protect its own personnel, End
User Customers and property, etc.
11.2 Each Party is responsible to provide security and privacy of communications.
This entails protecting the confidential nature of Telecommunications transmissions between
End User Customers during technician work operations and at all times. Specifically, no
employee, agent or representative shall monitor any circuits except as required to repair or
provide service of any End User Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or who participated in such
communications or even that such communication has taken place. Violation of such security
may entail state and federal criminal penalties, as well as civil penalties. CLEC is responsible
for covering its employees on such security requirements and penalties.
11.3 The Parties' Telecommunications networks are part of the national security
network, and as such, are protected by federal law. Deliberate sabotage or disablement of any
portion of the underlying equipment used to provide the network is a violation of federal statutes
with severe penalties, especially in times of national emergency or state of war. The Parties are
responsible for covering their employees on such security requirements and penalties.
11.4 CenturyLink and CLEC share responsibility for security and network protection
for each Collocation arrangement. Each Party's employees, agents or representatives must
secure its own portable test equipment, spares, etc. and shall not use the test equipment or
spares of other parties. Use of such test equipment or spares without written permission
constitutes theft and may be prosecuted. Exceptions are the use of CenturyLink ladders in the
Wire Center, either rollng or track, which CLEC may use in the course of work operations.
CenturyLink assumes no liability to CLEC, its agents, employees or representatives, if CLEC
uses a CenturyLink ladder available in the Wire Center.
11.5 Each Party is responsible for the physical security of its employees, agents or
representatives. Providing safety glasses, gloves, etc. must be done. by the respective
employing Party. Hazards handling and safety procedures relative to the Telecommunications
environment is the training responsibility of the employing Party. Proper use of tools, ladders,
and test gear is the training responsibility of the employing Party.
11.6 In the event that one Party's employees, agents or representatives inadvertently
damage or impair the equipment of the other Party, prompt notification wil be given to the
damaged Party by verbal notification between the Parties' technicians at the site or by
telephone to each Party's 24 x 7 security numbers.
11.7 Each Party shall comply at all times with CenturyLink security and safety
procedures and requirements while performing work activities on CenturyLink's Premises.
11.8 CenturyLink wil allow CLEC to inspect or observe spaces which house or
contain CLEC equipment or equipment enclosures at any time and to furnish CLEC with all
keys, entry codes, lock combinations, or other materials or information which may be needed to
gain entry into any secured CLEC space, in a manner consistent with that used by CenturyLink.
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11.9 CenturyLink will limit the keys used in its keying systems for enclosed collocated
spaces which contain or house CLEC equipment or equipment enclosures to its employees and .
representatives to emergency access only. CLEC shall further have the right to change locks
where deemed necessary for the protection and security of such spaces.
11.10 Keys may entail either metallc keys or combination electronic ID/key cards. It is
solely the responsibilty of CLEC to ensure keys are not shared with unauthorized personnel
and recover keys and electronic ID/keys promptly from discharged personnel, such that office
security is always maintained. CenturyLink has similar responsibility for its employees.
11.11 CLEC wil train its employees, agents and vendors on CenturyLink security
policies and guidelines.
11.12 When working on CenturyLink ICDF Frames or in CenturyLink's common or
CLEC equipment line-ups, CenturyLink and CLEC employees, agents and vendors agree to
adhere to CenturyLink quality and performance standards provided by CenturyLink and as
specified in this Agreement.
11.13 CLEC shall report all material losses to CenturyLink Security. All security
incidents are to be referred directly to local CenturyLink Security -1-888-879-7328. In cases of
emergency, CLEC shall call 911 and 1-888-879-7328.
11.14 CenturyLink and CLEC employees, agents and vendors wil display the
identification/access card above the waist and visible at all times.
11.15 CenturyLink and CLEC shall ensure adherence by their employees, agents and .
vendors to all applicable CenturyLink environmental health and safety regulations. This
includes all fire/life safety matters, OSHA, EPA, Federal, State and local regulations, including
evacuation plans and indoor air quality.
11.16 CenturyLink and CLEC employees, agents and vendors wil secure and lock all
doors and gates.
11.17 CLEC wil report to CenturyLink all property and equipment losses immediately,
any lost cards or keys, vandalism, unsecured conditions, security violations, anyone who is
unauthorized to be in the work area or is not wearing the CenturyLink identification/access card.
11.18 CenturyLink and CLEC's employees, agents and vendors shall comply with
CenturyLink Central Office fire and safety regulations, which include but are not limited to,
wearing safety glasses in designated areas, keeping doors and aisles free and clean of trip
hazards such as wire, checking ladders before moving, not leaving test equipment or tools on
rolling ladders, not blocking doors open, providing safety straps and cones in installation areas,
using electrostatic discharge protection, and exercising good housekeeping.
11.19 Smoking is not allowed in CenturyLink buildings, Wire Centers, or other
CenturyLink facilities. No open flames shall be permitted anywhere within the buildings, Wire
Centers or other facilities. Failure to abide by this restriction may result in denial of access for
that individual and may constitute a violation of the access rules, subjecting CLEC employee,
agent or vendor to denial of unescorted access. CenturyLink shall provide written notice within
five (5) Days of CLEC violation of this provision to CLEC prior to denial of access and such
notice shall include: 1) identification of the violation of this provision and the personnel involved, .
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2) identification of the safety regulation violated, and 3) date and location of such violation.
CLEC wil have five (5) Days to remedy any such violation for which it has received notice from
CenturyLink. In the event thatCLEC fails to remedy any such violation of which it has received
notice within such five (5) Days following receipt of such notice, CLEC shall be denied
unescorted access to the affected Premises. In the event CLEC disputes any action
CenturyLink seeks to take or has taken pursuant to this provision, CLEC may pursue immediate
resolution by expedited Dispute Resolution.
11.20 No flammable or explosive fluids or materials are to be kept or used anywhere
within the CenturyLink buildings or on the grounds.
11.21 No weapons of any type are allowed on CenturyLink Premises. Vehicles on
CenturyLink property are subject to this restriction as welL.
11.22 Except as otherwise provided in this Agreement, CLEC's employees, agents or
vendors may not make any modifications, alterations, additions or repairs to any space within
the building or on the grounds, provided, however, nothing in Section 11 shall prevent CLEC, its
employees or agents from performing modifications, alterations, additions or repairs to its own
equipment or facilties.
11.23 CenturyLink employees may request CLEC's employees, agents or vendors to
stop any work activity that in their reasonable judgment is a jeopardy to personal safety or
poses a potential for damage to the CenturyLink Premises, CenturyLink equipment or
CenturyLink services within the facility until the situation is remedied. CLEC employees may
report any work activity that in their reasonable judgment is a jeopardy to personal safety or
poses a potential for damage to the building, CLEC equipment or CLEC services within the
facility, to CenturyLink Service Assurance (800-713-3666) and the reported work activity wil be
immediately stopped until the situation is remedied. In the event such non-compliant activity
occurs in a CenturyLink Central Offce, notification of the non-compliant activity may be made to
the Central Offce supervisor, and the Central Ofce supervisor shall immediately stop the
reported work activity until the situation is remedied. The compliant Party shall provide
immediate notice of the non-compliant work activity to the non-compliant Party and such notice
shall include: 1) identification of the non-compliant work activity, 2) identification of the safety
regulation violated, and 3) date and location of safety violation. If such non-compliant work
activities pose an immediate threat to the safety of the other Party's employees, interference
with the performance of the other Party's service obligations, or pose an immediate threat to the
physical integrity of the other Party's facilities, the compliant Party may perform such work
and/or take action as is necessary to correct the condition at the non-compliant Party's expense.
In the event the non-compliant Party disputes any action the compliant Party seeks to take or
has taken pursuant to this provision, the non-compliant Party may pursue immediate resolution
by expedited Dispute Resolution.. If the non-compliant Party fails to correct any safety non-
compliance within ten (10) Days of written notice of non-compliance, or if such non-compliance
cannot be corrected within ten (10) Days of written notice of non-compliance, and if the non-
compliant Party fails to take all appropriate steps to correct as soon as reasonably possible, the
compliant Party may pursue immediate resolution by expedited Dispute Resolution.
11.24 CenturyLink is not liable for any damage, theft or personal injury resulting from
CLEC's employees, agents or vendors parking in a CenturyLink parking area.
11.25 CLEC's employees, agents or vendors outside the designated CLEC access
area, or without proper identification may be asked to vacate the Premises and CenturyLink
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security may be notified. Continued violations may result in termination of access privileges.
CenturyLink shall provide immediate notice of the security violation to CLEC and such notice .
shall include: 1) identification of the security violation, 2) identification of the security regulation
violated, and 3) date and location of security violation. CLEC wil have five (5) Days to remedy
any such alleged security violation before any termination of access privileges for such
individuaL. In the event CLEC disputes any action CenturyLink seeks to take or has taken
pursuant to this provision, CLEC may pursue immediate resolution by expedited or other
Dispute Resolution.
11.26
Centers:
Building related problems may be referred to the CenturyLink Work Environment
800-879-3499 (CO, WY, AZ, NM)
800-201-7033 (all other CenturyLink states)
11.27 CLEC wil submit a CenturyLink Collocation Access Application form for
individuals needing to access CenturyLink facilities. CLEC and CenturyLink will meet to review
applications and security requirements.
11.28 CLEC employees, agents and vendors will utilize only corridors, stairways and
elevators that provide direct access to CLEC's space or the nearest restroom facility. Such
access wil be covered in orientation meetings. Access shall not be permitted to any other
portions of the building.
11.29 CLEC wil collect identification/access cards for any employees, agents or .
vendors no longer working on behalf of CLEC and forward them to CenturyLink Security. If
cards or keys cannot be collected, CLEC will immediately notify CenturyLink at 800-210-8169.
11.30 CLEC wil assist CenturyLink in validation and verification of identification of its
employees, agents and vendors by providing a telephone contact available seven (7) Days a
week, twenty-four (24) hours a Day.
11.31 CenturyLink and CLEC employees, agents and vendors wil notify CenturyLink
Service Assurance (800-713-3666) prior to gaining access into a Central Office after hours, for
the purpose of disabling Central Offce alarms for CLEC access. Normal business hours are
7:00 a.m. to 5:00 p.m.
11.32 CLEC wil notify CenturyLink if CLEC has information that its employee, agent or
vendor poses a safety and/or security risk. CenturyLink may deny access to anyone who in the
reasonable judgment of CenturyLink threatens the safety or security of facilities or personneL.
11.33 CLEC wil supply to CenturyLink Secunty, and keep up to date, a list of its
employees, agents and vendors who require access to CLEC's space. The list wil include
names and social security numbers. Names of employees, agents or vendors to be added to
the list wil be provided to CenturyLink Security, who wil provide it to the appropriate
CenturyLink personneL.
11.34 Revenue Protection. CenturyLink shall make available to CLEC all present and
future fraud prevention or revenue protection features. These features include, but are not
limited to, screening codes, information digits '29' and '70' which indicate prison and COCOT .
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pay phone originating line types respectively; call blocking of domestic, international, 800, 888,
900, NPA-976, 700 and 500 numbers. CenturyLink shall additionally provide partitioned access
to fraud prevention, detection and control functionality within pertinent Operations Support
Systems which include but are not limited to LIDS Fraud monitoring systems.
11.34.1 Uncollectable or unbilable revenues resulting from, but not confined to,
Provisioning, maintenance, or signal network routing errors shall be the responsibility of
the Party causing such error or malicious acts, if such malicious acts could have
reasonably been avoided.
11.34.2 Uncollectible or unbilable revenues resulting from the accidental or
malicious alteration of softare underlying Network Elements or their subtending
Operational Support Systems by unauthorized third parties that could have reasonably
been avoided shall be the responsibility of the Party having administrative control of
access to said Network Element or operational support system softare.
11.34.3 CenturyLink shall be responsible for any direct uncollectible or un bilable
revenues resulting from the unauthorized physical attachment to Loop facilities from the
Main Distribution Frame up to and including the Network Interface Device, including clip-
on fraud, if CenturyLink could have reasonably prevented such fraud.
11.34.4 To the extent that incremental costs are directly attributable to a revenue
protection capabilty requested by CLEC, those costs wil be borne by CLEC.
11.34.5 To the extent that either Party is liable to any toll provider for fraud and to
the extent that either Party could have reasonably prevented such fraud, the Party who
could have reasonably prevented such fraud must indemnify the other for any fraud due
to compromise of its network (e.g., clip-on, missing information digits, missing toll
restriction, etc.).
11.34.6 If CenturyLink becomes aware of potential fraud with respect to CLEC's
accounts, CenturyLink wil promptly inform CLEC and, at the direction of CLEC, take
reasonable action to mitigate the fraud where such action is possible.
11.35 Law Enforcement Interface. CenturyLink provides emergency assistance to 911
centers and law enforcement agencies seven (7) Days a week/twenty-four (24) hours a Day.
Assistance includes, but is not limited to, release of 911 trace and subscriber information; in-
progress trace requests; establishing emergency trace equipment, release of information from
an emergency trap/trace or *57 trace; requests for emergency subscriber information;
assistance to law enforcement agencies in hostage/barricade situations, kidnappings, bomb
threats, extortion/scams, runaways and life threats.
11.36 CenturyLink provides trap/trace, pen register and Title II assistance directly to
law enforcement, if such assistance is directed by a court order. This service is provided during
normal business hours, Monday through Friday. Exceptions are addressed in the above
paragraph. The charges for these services wil be billed directly to the law enforcement agency,
without involvement of CLEC, for any lines served from CenturyLink Wire Centers or cross
boxes.
11.37 In all cases involving telephone lines served from CenturyLink Wire Centers or
cross boxes, whether the line is a resold line or Unbundled Loop element,CenturyLink wil
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perform trap/trace Title II and pen register assistance directly with law enforcement. CLEC will
not be involved or notified of such actions, due to non-disclosure court order considerations, as .
well as timely response duties when law enforcement agencies are involved. Exceptions to the
above wil be those cases, as yet undetermined, where CLEC must participate due to technical
reasons wherein its circuitry must be accessed or modified to comply with law enforcement, or
for legal reasons that may evolve over time. CLEC wil provide CenturyLink with a twenty-four
(24) hours a Day, seven (7) Days a week contact for processing such requests, should they
occur.
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Section 12
Access to Operational Support Systems (OSS)
Section 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (055)
12.1 Description
12.1.1 CenturyLink has developed and shall continue to provide Operational Support
System (OSS) interfaces using electronic gateways and manual processes. These gateways
act as a mediation or control point between CLEC's and CenturyLink's OSS. These gateways
provide security for the interfaces, protecting the integrity of the CenturyLink OSS and
databases. CenturyLink's OSS interfaces have been developed to support Pre-ordering,
Ordering and Provisioning, Maintenance and Repair and Billing. This section describes the
interfaces and manual processes that CenturyLink has developed and shall provide to CLEC.
Additional technical information and details shall be provided by CenturyLink in training sessions
and documentation and support, such as the "Interconnect Mediated Access User's Guide."
CenturyLink will continue to make improvements to the electronic interfaces as technology
evolves, CenturyLink's legacy systems improve, or CLEC needs require. CenturyLink shall
provide notification to CLEC consistent with the provisions of the Change Management Process
(CMP) set forth in Section 12.2.6.
12.1.2 Through its electronic gateways and manual processes, CenturyLink shall
provide CLEC non-discriminatory access to CenturyLink's OSS for Pre-ordering, Ordering and
Provisioning, Maintenance and Repair, and Biling functions. For those functions with a retail
analogue, such as pre-ordering and ordering and Provisioning of resold services, CenturyLink
shall provide CLEC access to its OSS in substantially the same time and manner as it provides
to itself. For those functions with no retail analogue, such as pre-ordering and ordering and
Provisioning of Unbundled Elements, CenturyLink shall provide CLEC access to CenturyLink's
OSS sufficient to allow an efficient competitor a meaningful opportunity to compete.
CenturyLink wil comply with the standards for access to OSS set forth in Section 20.
CenturyLink shall deploy the necessary systems and personnel to provide sufficient access to
each of the necessary OSS functions. CenturyLink shall provide assistance for CLEC to
understand how to implement and use all of the available OSS functions. CenturyLink shall
provide CLEC sufficient electronic and manual interfaces to allow CLEC equivalent access to all
of the necessary OSS functions. Through its web site, training, disclosure documentation and
development assistance, CenturyLink shall disclose to CLEC any internal business rules and
other formatting information necessary to ensure that CLEC's requests and orders are
processed efficiently. CenturyLink shall provide training to enable CLEe to devise its own
course work for its own employees. Through its documentation available to CLEC, CenturyLink
wil identify how its interface differs from national guidelines or standards. CenturyLink shall
provide OSS designed to accommodate both current demand and reasonably foreseeable
demand.
12.2 055 Support for Pre-ordering, Ordering and Provisioning
12.2.0 CenturyLink wil establish interface contingency plans and disaster recovery
plans for the interfaces described in this Section. CenturyLink wil work cooperatively with
CLECs through the CMP to consider any suggestions made by CLECs to improve or modify
such plans. CLEC-specific requests for modifications to such plans will be negotiated and
mutually agreed upon between CenturyLink and CLEC.
12.2.0.1 Ordering and Provisioning
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12.2.0.1.1 Ordering and Provisioning - CenturyLink wil provide access to .
ordering and status functions. CLEC wil populate the service request to identify
what features, services, or elements it wishes CenturyLink to provision in
accordance with CenturyLink's published business rules.
12.2.0.1.2 CenturyLink wil provide all Provisioning services to CLEC during
the same business hours that CenturyLink provisions services for its End User
Customers. CenturyLink wil provide out-of-hours Provisioning services to CLEC
on a non-discriminatory basis, as it provides such Provisioning services to itself,
its End User Customers, its Affliates or any other Party. CenturyLink shall
disclose the business rules regarding out-of-hours Provisioning on its wholesale
web site.
12.2.0.1.3 When CLEC places a manual order, CenturyLink wil provide
CLEC with a manual Firm Order Confirmation (FOC) notice. The confirmation
notice wil follow industry-standard formats.
12.2.0.1.4 Business rules regarding rejection of Local Service Requests
(LSR) or Access Service Requests (ASR) are subject to the provisions of Section
12.2.6.
12.2.1
12.2.0.1.5 When CenturyLink provides installation on behalf of CLEC,
CenturyLink wil advise CLEC's End User Customer to notify CLEC immediately
if the End User Customer requests a service change at the time of installation.
Ordering Process .
12.2.1.1 Local Service Requests (LSR)
12.2.1.1.1 CenturyLink shall provide electronic interface gateways for
submission of LSRs, including both an application-to-application interface and a
Graphical User Interface (GUI).
12.2.1.1.2 The interface guidelines for the application-to-application interface
are based upon the Order & Biling Forum (OBF) Local Service Order Guidelines
(LSOG), and the appropriate electronic transmission standards. Exceptions to
the above guidelines/standards shall be specified in the Interconnect Mediated
Access (IMA) disclosure documents.
12.2.1.1.3 The GUI shall provide a single interface for Pre-order and Order
transactions from CLEC to CenturyLink and is browser based. The GUI interface
shall be based on the LSOG and utilizes a WEB standard technology, Hyper Text
Markup Language (HTML), JAVA and the Transmission Control Protocol/Internet
Protocol (TCP/IP) to transmit messages.
12.2.1.1.4 Functions Pre-ordering - CenturyLink wil provide real time,
electronic access to pre-order functions to support CLEC's ordering via the
electronic interfaces described herein. CenturyLink wil make the following real
time pre-order functions available to CLEC:
12.2.1.1.4.1 Features, services and Primary Interexchange Carrier .
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(PIC) options for IntraLA TA toll and InterLA TA toll available at a valid
service address;
12.2.1.1.4.2 Access to Customer Service Records (CSRs) for
CenturyLink retail or resale End User Customers. The information wil
include Billing name, service address, Billng address, service and feature
subscription, Directory Listing information, and Long Distance Carrier
identity;
12.2.1.1.4.3 Telephone number request and selection;
12.2.1.1.4.4 Reservation of appointments for service installations
requiring the dispatch of a CenturyLink technician on a non-discriminatory
basis;
12.2.1.1.4.5 Information regarding whether dispatch is required for
service installation and available installation appointments;
12.2.1.1.4.6 Service address verification;
12.2.1.1.4.7 Facility availability, Loop qualification and Loop make-up
information, including, but not limited to, Loop length, presence of Bridged
Taps, repeaters, and loading coils;
12.2.1.1.4.8 A list of valid available CFAs for Unbundled Loops;
12.2.1.1.4.9 A list of one to five (1-5) individual Meet Points or a range
of Meet Points for shared Loops;
12.2.1.1.4.10 Design Layout Record (DLR) Query which provides the
layout for the local portion of a circuit at a particular location where
applicable;
12.2.1.1.4.11 NC/NCI combinations supported by IMA flow-through can
be addressed;
12.2.1.1.4.12 Raw Loop Data can be validated in IMA and QORA and
retrieved by segments and sub-segments; and
12.2.1.1.4.13 Loop Qualification for ISDN and CenturyLink DSL services
can be performed using IMA Loop Qualification TooL.
12.2.1.1.5 When CLEC places an electronic order, CenturyLink wil provide
CLEC with an electronic FOC. The FOC wil follow industry-standard formats
and contain the CenturyLink Due Date for order completion. Upon completion of
the order, CenturyLink supplies two (2) completion notices: 1) service order
completion (SOC) which notifies CLEC when the service order record was
completed, and 2) Billng completion that notifies CLEC that the service order has
posted to the Billng system.
12.2.1.1.6 When CLEC places an electronic order, CenturyLink wil provide
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notification electronically of any instances when 1) CenturyLink's Committed Due
Date is in jeopardy of not being met by CenturyLink, or 2) an order is rejected. .
The standards for returning such notices are set forth in Section 20.
12.2.1.1.7 When CLEC places a manual order, CenturyLink provide
notification of any instances when 1) CenturyLink's committed Due Date is in
jeopardy of not being met by CenturyLink on any service, or 2) an order is
rejected. The standards for returning such notices are set forth in Section 20.
12.2.1.1.8 Dial-Up Capabilties
12.2.1.1.8.1 Intentionally Left Blank.
12.2.1.1.8.2 Intentionally Left Blank.
12.2.1.1.8.3 When CLEC requests from CenturyLink more than fifty
(50) SecurlDs for use by CLEC Customer service representatives at a
single CLEC location, CLEC shall use a T1 line instead of dial-up access
at that location. If CLEC is obtaining the line from CenturyLink, then
CLEC shall be able to use SecurlDs until such time as CenturyLink
provisions the T1 line and the line permits pre,.order and order information
to be exchanged between CenturyLink and CLEC.
12.2.1.1.9 Application-to-application Facilities-based Listing Process.
CenturyLink shall provide an application-to-application facilities-based listing
interface to enable CLEC's listing data to be translated and passed into the
CenturyLink listing database. This interface is based upon OBF LSOG and the .
appropriate electronic transmission standards. CenturyLink shall supply
exceptions to these guidelines/standards in writing in suffcient time for CLEC to
adjust system requirements.
12.2.1.2 Access Service Request (ASR)
12.2.1.2.1 CenturyLink shall provide a computer-to-computer batch file
interface, an application-to-application interface, and a GUI interface for
submission of ASRs based upon the OBF Access Service Order Guidelines
(ASOG). CenturyLink shall supply exceptions to these guidelines in writing in
sufficient time for CLEC to adjust system requirements.
12.2.1.2.2 Functions Pre-ordering. CenturyLink wil provide real time,
electronic access to pre-order functions to support CLEC's ordering via the
electronic interfaces described in this Section. CenturyLink wil make the
following real time pre-order functions available to CLEC:
12.2.1.2.2.1
12.2.1.2.2.2
12.2.1.2.2.3
12.2.1.2.2.4
Service Address validation;
CFA validation;
NC-NCI validation;
BAN validation; and .
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Access to Operational Support Systems (OSS).12.2.1.2.2.5 CLLI validation.
12.2.1.2.3 When CLEC places an electronic or manual order,
CenturyLink will provide notification of any instances when 1) CenturyLink's
committed Due Date is in jeopardy of not being met by CenturyLink, or 2) an
order is rejected. The standards for returning such notices are set forth in
Section 20.
12.2.1.2.4 When CLEC places an electronic order, CenturyLink wil provide
CLEC with an electronic Firm Order Confirmation notice (FOC). The FOC wil
follow industry-standard formats and contain the CenturyLink Due Date for order
completion.
.
12.2.2 Maintenance and Repair
12.2.2.1 CenturyLink shall provide electronic interface gateways, including an
Electronic Bonding interface and a GUI interface, for reviewing an End User Customer's
trouble history at a specific location, conducting testing of an End User Customer's
service where applicable, and reporting trouble to facilitate the exchange of updated
information and progress reports between CenturyLink and CLEC while the Trouble
Report (TR) is open and a CenturyLink technician is working on the resolution. CLEC
may also report trouble through manual processes. For designed services, the TR wil
not be closed prior to verification by CLEC that trouble is cleared.
12.2.3 Intenace Availabilty
12.2.3.1 CenturyLink shall make its ass interfaces available to CLEC during the
hours listed in the Gateway Availability PIDs in Section 20.
12.2.3.2 CenturyLink shall notify CLEC in a timely manner regarding system
downtime through mass email distribution and pop-up windows as applicable.
12.2.4 Biling
12.2.4.1 For products biled out of the CenturyLink lnterexchange Accss Biling
System (lABS), CenturyLink wil utilize the existing CABS/BaS format and technology
for the transmission of bils.
12.2.4.2 For products biled out of the CenturyLink Customer Record Information
System (CRIS), CenturyLink will utilze the existing EDI standard for the transmission of
monthly local Billng information. EDI is an established standard under the auspices of
the ANSI/ASC X12 Committee. A proper subset of this specification has been adopted
by the Telecommunications Industry Forum (TCIF) as the "811 Guidelines" specifically
for the purposes of Telecommunications Billng. Any deviance from these standards and
guidelines shall be documented and accessible to CLEC.
12.2.5 Outputs
.Output information wil be provided to CLEC in the form of bils, files, and reports. Bils wil
capture all regular monthly and incremental/usage charges and present them in a summarized
format. The files and reports delivered to CLEC come in the following categories:
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Usage Record File Line Usage Information
Loss and Completion Order Information
Category 11 Facility Based Line Usage Information
SAG/FAM Street Address/Facility Availability Information
.
12.2.5.1 Bils
12.2.5.1.1 CRIS Summary Bil - The CRIS Summary Bil represents a
monthly summary of charges for most wholesale products sold by CenturyLink.
This bil includes a total of all charges by entity plus a summary of current
charges and adjustments on each sub-account. Individual sub-accounts are
provided as Billng detail and contain monthly, one-time charges and
incremental/call detail information. The Summary Bil provides one bil and one
payment document for CLEC. These bills are segmented by state and bill cycle.
The number of bills received by CLEC is dictated by the product ordered and the
CenturyLink region in which CLEC is operating.
12.2.5.1.2 lABS Bil - The lABS Bil represents a monthly summary of
charges. This bil includes monthly and one-time charges plus a summary of any
usage charges. These bils are segmented by product, LATA, Billng account
number (BAN) and bil cycle.
12.2.5.2 Files and Reports .
12.2.5.2.1 Daily Usage Record File provides the accumulated set of cali
information for a given Day as captured or recorded by the network Switches.
This fie wil be transmitted Monday through Friday, excluding CenturyLink
holidays. This information is a file of unrated CenturyLink originated usage
messages and rated CLEC originated usage messages. It is provided in ATIS
standard Electronic Message Interface (EMI) format. This EMI format is outlned
in the document SR-320; which can be obtained directly from ATIS. The Daily
Usage Record File contains multi-state data for the Data Processing Center
generating this information. Individual state identification information is contained
with the message detaiL. CenturyLink will provide this data to CLEC with the
same level of precision and accuracy it provides itself. This file wil be provided
for resale products.
12.2.5.2.2 The charge for this Daily Usage Record File is contained in Exhibit
A of this Agreement.
12.2.5.2.3 Routing of in-region IntraLA TA Collect, Callng Card, and Third
Number Biled Messages - CenturyLink wil distribute in-region IntraLA TA collect,
callng card, and third number biled messages to CLEC and exchange with other
CLECs operating in region in a manner consistent with existing inter-company
processing agreements. Whenever the daily usage information is transmitted to
a Carrier, it wil contain these records for these types of calls as well..
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Access to Operational Support Systems (OSS).12.2.5.2.4 Loss Report provides CLEC with a daily report that contains a list
of accounts that have had lines and/or services disconnected. This may indicate
that the End User Customer has changed CLECs or removed services from an
existing account. This report also details the order number, service name and
address, and date this change was made. Individual reports wil be provided for
resale, Unbundled Loop, and Interim Number Portability products.
12.2.5.2.5 Completion Report provides CLEC with a daily report. This
report is used to advise CLEC that the order(s) for the service(s) requested is
complete. It details the order number, service name and address and date this
change was completed. Individual reports wil be provided for resale and
Unbundled Loop products.
12.2.5.2.6 Category 11 Records are Exchange Message Records (EMR)
which provide mechanized record formats that can be used to exchange access
usage information between CenturyLink and CLEC. Category 1101 series
records are used to exchange detailed access usage information.
12.2.5.2.7 Intentionally Left Blank.
.
12.2.5.2.8 SAG/FAM Files. The SAG (Street Address Guide)/FAM (Features
Availability Matrix) files contain the following information:
a) SAG provides Address and Serving Central Offce Information.
b) FAM provides USOCs and descriptions by state (POTS services
only), and USOC availability by NPA-NXX with the exception of Centrex.
InterLATAllntraLATA Carriers by NPA-NXX.
These files are made available via a download process. They can be retrieved
by FTP (File Transfer Protocol), NDM connectivity, or a Web browser.
.
12.2.6 Change Management. CenturyLink agrees to maintain a change management
process, known as (CMP), that is consistent with or exceeds industry guidelines, standards and
practices to address CenturyLink's OSS, products and processes. The CMP shall include, but
not be limited to, utilization of the following: (i) a forum for CLEC and CenturyLink to discuss
CLEC and CenturyLinkchange requests (CR), CMP notifications, systems release life cycles,
and communications; (ii) provide a forum for CLECs and CenturyLink to discuss and prioritize
CRs, where applicable pursuant to the CMP Document; (iii) a mechanism to track and monitor
CRs - and CMP notifications; (iv) established intervals where appropriate in the process; (v)
processes by which CLEC impacts that result from changes to CenturyLink's OSS, products or
processes can be promptly and effectively resolved; (vi) processes that are effective in
maintaining the shortest timeline practicable for the receipt, development and implementation of
all CRs; (vii) sufficient dedicated CenturyLink processes to address and resolve in a timely
manner CRs and other. issues that come before the CMP body; (viii) processes for OSS
Interface testing; (ix) information that is clearly organized and readily accessible to CLECs,
including the availability of web-based tools; (x) documentation provided by CenturyLink that is
effective in enabling CLECs to build an electronic gateway; and (xi) a process for changing CMP
that calls for collaboration among CLECs andCenturyLink and requires agreement by the CMP
participants. Pursuant to the scope and procedures set forth in the CMP Document,
CenturyLink wil submit to CLECs through the CMP, among other things, modifications to
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existing products and technical documentation available to CLECs, introduction of new products
available to CLECs, discontinuance of products available to CLECs, modifications to pre- .
ordering, ordering/provisioning, maintenance/repair or biling processes, introduction of pre-
ordering, ordering/provisioning, maintenance/repair or biling processes, discontinuance of pre-
ordering, ordering/provisioning, maintenance/repair or billng processes, modifications to
existing ass interfaces, introduction of new OSS interfaces, and retirement of existing OSS
interfaces. CenturyLink wil maintain as part of CMP an escalation process so that CMP issues
can be escalated to a CenturyLink representative authorized to make a final decision and a
process for the timely resolution of disputes. The governing document for CMP, known as the
"Change Management Process" Document is the subject of ongoing negotiations between
CenturyLink and CLECs in the ongoing CMP. The CMP Document wil continue to be changed
through those discussions. The CMP Document reflects the commitments CenturyLink has
made regarding maintaining its CMP and CenturyLink commits to implement agreements made
in the CMP process as soon as practicable after they are made. The CMP Document wil be
subject to change through the CMP, as set forth in the CMP Document. CenturyLink wil
maintain the most current version of the CMP Document on its wholesale web site.
12.2.6.1 In the course of establishing operational ready system interfaces between
CenturyLink and CLEC to support local service delivery, CLEC and CenturyLink may
need to define and implement system interface specifications that are supplemental to
existing standards. CLEC and CenturyLink wil submit such specifications to the
appropriate standards committee and wil work towards their acceptance as standards.
12.2.6.2
12.2.6.3
Release updates wil be implemented pursuant to the CMP.
Intentionally Left Blank..
12.2.7 CLEC Responsibilties for Implementation of OSS Interfaces
12.2.7.1 Before CLEC implementation can begin, CLEC must completely and
accurately answer the New Customer Questionnaire as required in Section 3.2.
12.2.7.2 Once CenturyLink receives a complete and accurate New Customer
Questionnaire, CenturyLink and CLEC wil mutually agree upon time frames for
implementation of connectivity between CLEC and the OSS interfaces.
12.2.8 CenturyLink Responsibilties for On-going Support for OSS Interfaces
CenturyLink wil support previous application-to-application releases for six (6) months after the
next subsequent release has been deployed.
12.2.8.1 CenturyLink wil provide written notice to CLEC of the need to migrate to
a new release.
12.2.8.2 CenturyLink wil provide an Implementation Coordinator to work with
CLEC for business scenario re-certification, migration and data conversion strategy
definition.
12.2.8.3 Re-certification is the process by which CLEC demonstrates the ability to
generate correct functional transactions for enhancements not previously certified.
CenturyLink wil provide the suite of tests for re-certification to CLEC with the issuance of .
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.
12.2.8.4 CenturyLink shall provide training mechanisms for CLEC to pursue in
educating its internal personneL. CenturyLink shall provide training necessary for CLEC
to use CenturyLink's ass interfaces and to understand CenturyLink's documentation,
including CenturyLink's business rules.
12.2.9 CLEC Responsibilties for On-going Support for ass Interfaces
12.2.9.1 If using the GUI interface, CLEC wil take reasonable efforts to train CLEC
personnel on the GUI functions that CLEC will be using.
12.2.9.2 An application-to-application exchange protocol wil be used to transport
electronically-formatted content. CLEC must perform certification testing of exchange
protocol prior to using the application-to-application interface.
12.2.9.3 CenturyLink wil provide CLEC with access to a stable testing
environment that mirrors production to certify that its ass will be capable of interacting
smoothly and efficiently with CenturyLink's ass. CenturyLink has established the
following test processes to assure the implementation of a solid interface between
CenturyLink and CLEC:
12.2.9.3.1 Connectivity Testing - CLEC and CenturyLink wil conduct
connectivity testing. This test wil establish the ability of the trading partners to
send and receive electronic messages effectively. This test verifies the
communications between the trading partners. Connectivity is established during
each phase of the implementation cycle. This test is also conducted prior to
controlled production and before going live in the production environment if
CLEC or CenturyLink has implemented environment changes when moving into
production.
12.2.9.3.2 Stand-Alone Testing Environment (SATE) regression testing:
CenturyLink's stand-alone testing environment will take pre-order and order
requests, pass them to the stand-alone database, and return responses to CLEC
during its development and implementation of application-to-application interface.
Regression testing-SATE provides CLEC the opportunity to validate its technical
development efforts built via CenturyLink documentation without the need to
schedule test times. This testing verifies CLEC's ability to send correctly
formatted electronic transactions through the IMA system edits successfully for
both new and existing releases. SATE uses test account data supplied by
CenturyLink. CenturyLink wil make additions to the test beds and test accounts
as it introduces new ass electronic interface capabilities, including support of
new products and services, new interface features, and functionalities. All SATE
pre-order queries and orders are subjected to the same edits as production pre-
order and order transactions. This testing phase is optionaL.
.
12.2.9.3.3 SATE-progression testing: CLEC has the option of participating
with CenturyLink in progression testing to provide CLEC with the opportunity to
validate technical development efforts and to quantify processing results.
Progression testing provides CLEC the opportunity to validate its technical
development efforts built via CenturyLink documentation without the need to
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schedule test times. This testing verifies CLEC's ability to send correctly
formatted electronic transactions through IMA system edits successfully for both .
new and existing releases. SATE uses test account data supplied by
CenturyLink. CenturyLink wil make additions to the test beds and test accounts
as it introduces new ass electronic interface capabilties, including support of
new products and services, new interface features, and functionalities. All SATE
pre-order queries and orders are subjected to the same edits as production pre-
order and order transactions. This testing phase is required.
12.2.9.3.4 Controlled Production - CenturyLink and CLEC wil perform
controlled production. The controlled production process is designed to validate
the ability of CLEC to transmit electronic data that completely meets the
appropriate electronic transmission standards and complies with all CenturyLink
business rules. Controlled production consists of the controlled submission of
actual CLEC production requests to the CenturyLink production environment.
CenturyLink treats these pre-order queries and orders as production pre-order
and order transactions. CenturyLink and CLEC use controlled production results
to determine operational readiness. Controlled production requires the use of
valid account and order data. All certification orders are considered to be live
orders and will be provisioned.
12.2.9.3.5 If CLEC is using the application-to-application interface,
CenturyLink shall provide CLEC with a pre-allotted amount of time to complete
certification of its business scenarios. CenturyLink wil allow CLEC a reasonably
sufficient amount of time during the day and a reasonably sufficient number of
days during the week to complete certification of its business scenarios .
consistent with CLEC's business plan. It is the sole responsibility of CLEC to
schedule an appointment with CenturyLink for certification of its business
scenarios. CLEC must make every effort to comply with the agreed upon dates
and times scheduled for the certification of its business scenarios. If the
certification of business scenarios is delayed due to CLEC, it is the sole
responsibility of CLEC to schedule new appointments for certification of its
business scenarios. CenturyLink wil make reasonable efforts to accommodate
CLEC schedule. Conflicts in the schedule could result in certification being
delayed. If a delay is due to CenturyLink, CenturyLink wil honor CLEC's
schedule through the use of alternative hours.
12.2.9.4 If CLEC is using the application-to-application interface, CLEC must work
with CenturyLink to certify the business scenarios that CLEC wil be using in order to
ensure successful transaction processing. CenturyLink and CLEC shall mutually agree
to the business scenarios for which CLEC requires certification. Certification wil be
granted for the specified release of the interface. If CLEC is certifying multiple products
or services, CLEC has the option of certifyng those products or services serially or in
parallel where Technically Feasible.
12.2.9.4.1 For a new softare release or upgrade, CenturyLink wil provide
CLEC a stable testing environment that mirrors the production environment in
order for CLEC to test the new release. For softare releases and upgrades,
CenturyLink has implemented the testing processes set forth in Sections
12.2.9.3.2, 12.2.9.3.3 and 12.2.9.3.4..
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Access to Operational Support Systems (OSS).12.2.9.5 New releases of the application-to-application interface may require re-
certification of some or all business scenarios. A determination as to the need for re-
certification wil be made by the CenturyLink coordinator in conjunction with the release
manager of each IMA release. Notice of the need for re-certification wil be provided to
CLEC as the new release is implemented. The suite of re-certification test scenarios wil
be provided to CLEC with the disclosure document. If CLEC is certifying multiple
products or services, CLEC has the option of certifying those products or services
serially or in parallel, where Technically Feasible.
12.2.9.6 CLEC wil contact the CenturyLink Implementation Coordinator to initiate
the migration process. CLEC may not need to certify to every new IMA application-to-
application release, however, CLEC must complete the re-certification and migration to
the new release within six (6) months of the deployment of the new release. CLEC wil
use reasonable efforts to provide sufficient support and personnel to ensure that issues
that arise in migrating to the new release are handled in a timely manner.
12.2.9.6.1 The following rules apply to initial development and certification
of IMA application-to-application interface versions and migration to subsequent
application-to-application interface versions:
12.2.9.6.1.1 SATE regression or SATE progression
interoperability testing must begin on the prior release before the next
release is implemented. Otherwise, CLEC wil be required to move its
implementation plan to the next release..12.2.9.6.1.2 New IMA application-to-application users must be
certified and in production with at least one (1) product and one (1) order
activity type on a prior release two (2) months after the implementation of
the next release. Otherwise, CLEC wil be required to move its
implementation plan to the next release.
.
12.2.9.6.1.3 Any IMA application-to-application user that has
been placed into production on the prior release not later than two (2)
months after the next release implementation may continue certifying
additional products and activities until two (2) months prior to the
retirement of the release. To be placed into production, the
products/order activities must have been tested in the SATE environment
before two (2) months after the implementation of the next release.
12.2.9.7 CLEC wil be expected to execute the re-certification test cases in the
stand alone test environment. CLEC wil provide Purchase Order Numbers (PONs) of
the successful test cases to CenturyLink.
12.2.9.8 In addition to the testing set forth in other sections of Section 12.2.9, upon
request by CLEC, CenturyLink shall enter into negotiations for comprehensive
production test procedures. In the event that agreement is not reached, CLEC shall be
entitled to employ, at its choice, the Dispute Resolution procedures of this Agreement or
expedited resolution through request to the state Commission to resolve any differences.
In such cases, CLEC shall be entitled to testing that is reasonably necessary to
accommodate identified business plans or operations needs, accounting for any other
testing relevant to those plans or needs. As part of the resolution of such dispute, there
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shall be considered the issue of assigning responsibility for the costs of such testing.
Absent a finding that the test scope and activities address issues of common interest to ..
the CLEC community, the costs shall be assigned to CLEC requesting the test
procedures.
12.2.10 CLEC Support
12.2.10.1 CenturyLink shall provide documentation and assistance for CLEC to
understand how to implement and use all of the available OSS functions. CenturyLink
shall provide to CLEC in writing any internal business rules and other formatting
information necessary to ensure that CLEC's requests and orders are processed
efficiently. This assistance wil include, but is not limited to, contacts to the CLEC
account team, training, documentation, and CLEC Help Desk. CenturyLink wil also
supply CLEC with an escalation level contact list in the event issues are not resolved via
contacts to the CLEC account team, training, documentation and CLEC Help Desk.
12.2.10.2 CLEC Help Desk
12.2.10.2.1 The CLEC Systems Help Desk wil provide a single point of
entry for CLEC to gain assistance in areas involving connectivity, system
availabilty, and file outputs. The CLEC Systems Help Desk areas are further
described below.
12.2.10.2.1.1 Connectivity covers trouble with CLEC's access to
the CenturyLink system for hardware configuration requirements with
relevance to application-to-application and GUI interfaces; softare .
configuration requirements with relevance to application-to-application
and GUI interfaces; modem configuration requirements, T1 configuration
and dial-in string requirements, firewall access configuration, web-
services configuration, SecurlD configuration, Profile Setup, and
password verification.
12.2.10.2.1.2 System Availability covers system errors generated
during an attempt by CLEC to place orders or open trouble reports
through application-to-application and GUI interfaces. These system
errors are limited to: Resale/POTS; UNE POTS; Design Services and
Repair.
12.2.10.2.1.3 File Outputs covers CLEC's output files and reports
produced from its usage and order activity. File outputs system errors are
limited to: Daily Usage File; Loss / Completion File, lABS Bil, CRIS
Summary Bil, Category 11 Report and SAG/FAM Reports.
12.2.10.3 Additional assistance to CLEC is available through various public web
sites. These web sites provide electronic interface training information and user
documentation and technical specifications and are located on CenturyLink's wholesale
web site. CenturyLink wil provide Interconnect Service Center Help Desks which wil
provide a single point of contact for CLEC to gain assistance in areas involving order
submission and manual processes..
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12.2.11 Compensation/Cost Recovery
Recurring and nonrecurring ass charges, as applicable, wil be biled at rates set forth in
Exhibit A. Any such rates wil be consistent with Existing Rules. CenturyLink shall not impose
any recurring or nonrecurring ass charges unless and until the Commission authorizes
CenturyLink to impose such charges and/or approves applicable rates at the completion of
appropriate cost docket proceedings.
12.3 Maintenance and Repair
12.3.1 Service Levels
12.3.1.1 CenturyLink wil provide repair and maintenance for all services covered
by this Agreement in substantially the same time and manner as that which CenturyLink
provides for itself, its End User Customers, its Affliates, or any other part. CenturyLink
shall provide CLEC repair status information in substantially the same time and manner
as CenturyLink provides for its retail services.
12.3.1.2 During the term of this Agreement, CenturyLink wil provide necessary
maintenance business process support to allow CLEC to provide similar service quality
to that provided by CenturyLink to itself, its End User Customers, its Affliates, or any
other party.
12.3.1.3 CenturyLink wil perform repair service that is substantially the same in
timeliness and quality to that which it provides to itself, its End User Customers, its
Affliates, or any other party. Trouble calls from CLEC shall receive response time
priority that is substantially the same as that provided to CenturyLink, its End User
Customers, its Affiliates, or any other party and shall be handled in a nondiscriminatory
manner.
12.3.2 Branding
12.3.2.1 CenturyLink shall use unbranded Maintenance and Repair forms while
interfacing with CLEC End User Customers. Upon request, CenturyLink shall use CLEC
provided and branded Maintenance and Repair forms. CenturyLink may not
unreasonably interfere with branding by CLEC.
12.3.2.2 Except as specifically permitted by CLEC, in no event shall CenturyLink
provide information to CLEC subscribers about CLEC or CLEC product or services.
12.3.2.3 This section shall confer on CenturyLink no rights to the service marks,
trademarks and trade names owned by or used in connection with services offered by
CLEC or its Affiliates, except as expressly permitted by CLEC.
12.3.3 Service Interruptions
12.3.3.1 The characteristics and methods of operation of any circuits, facilities or
equipment of either Party connected with the services, facilities or equipment of the
other Party pursuant to this Agreement shall not: 1) interfere with or impair service over
any facilities of the other Party, its affiliated companies, or its connecting and concurring
Carriers involved in its services; 2) cause damage to the plant of the other Party, its
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affiliated companies, or its connecting concurring Carriers involved in its services; 3)
violate ~nYt.APPlica~led Law tOhr pregrtUI~tifon 'l~t~gardin4g) the tinvhasiondoft ptrhiVaCy 0if any .
communica ions carne over e a y s acii ies; or crea e azar s 0 e emp oyees
of either Party or to the public. Each of these requirements is hereinafter referred to as
an "Impairment of Service".
12.3.3.2 If it is confirmed that either Party is causing an Impairment of Service, as
set forth in this Section, the Party whose network or service is being impaired (the
"Impaired Party") shall promptly notify the Party causing the Impairment of Service (the
"Impairing Party") of the nature and location of the problem. The Impaired Party shall
advise the Impairing Party that, unless promptly rectified, a temporary discontinuance of
the use of any circuit, facilty or equipment may be required. The Impairing Party and
the Impaired Party agree to work together to attempt to promptly resolve the Impairment
of Service. If the Impairing Party is unable to promptly remedy the Impairment of
Service, the Impaired Party may temporarily discontinue use of the affected circuit,
facility or equipment.
12.3.3.3 To facilitate trouble reporting and to coordinate the repair of the service
provided by each Party to the other under this Agreement, each Part shall designate a
repair center for such service.
12.3.3.4 Each Party shall furnish a trouble reporting telephone number for the
designated repair center. This number shall give access to the location where records
are normally located and where current status reports on any trouble reports are readily
available. If necessary, alternative out-of-hours procedures shall be established to
ensure access to a location that is staffed and has the authority to initiate corrective .
action.
12.3.3.5 Before either Party reports a trouble condition, it shall use its best efforts
to isolate the trouble to the other's facilities.
12.3.3.5.1 In cases where a trouble condition affects a significant portion of
the other's service, the Parties shall assign the same priority provided to CLEC
as itself, its End User Customers, its Affiliates, or any other party.
12.3.3.5.2 The Parties shall cooperate in isolating trouble conditions.
12.3.4 Trouble Isolation
12.3.4.1 CLEC is responsible for its own End User Customer base and wil have
the responsibility for resolution of any service trouble report( s) from its End User
Customers. CLEC wil perform trouble isolation on services it provides to its End User
Customers to the extent the capabilty to perform such trouble isolation is available to
CLEC, prior to reporting trouble to CenturyLink. CLEC shall have access for testing
purposes at the Demarcation Point, NID, or Point of Interface. CenturyLink wil work
cooperatively with CLEC to resolve trouble reports when the trouble condition has been
isolated and found to be within a portion of CenturyLink's network. CenturyLink and
CLEC wil report trouble isolation test results to the other. Each Party shall be
responsible for the costs of performing trouble isolation on its facilities, subject to
Sections 12.3.4.2 and 12.3.4.3..
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Access to Operational Support Systems (OSS).12.3.4.2 When CLEC requests that CenturyLink perform trouble isolation with
CLEC, a Maintenance of Service Miscellaneous Charge or a Trouble Isolation charge
applies if the trouble is found to be on CLEC's side or on the End User Customer's side
of the Demarcation Point. If the trouble is on the End User Customer's side of the
Demarcation Point, CLEC is required to perform its own maintenance.
12.3.4.3 Before submitting a repair request to CenturyLink, CLEC wil isolate
trouble to the CenturyLink network and must submit test results indicating the location of
the trouble when submitting the repair request. If a trouble ticket with test results is
accepted by CenturyLink, and CenturyLink determines that the trouble is on the CLEC or
the End User Customer's side of the Loop Demarcation Point, a Maintenance of Service
Miscellaneous Charge or a Trouble Isolation Charge applies. When CLEC elects not to
perform trouble isolation and CenturyLink performs tests at CLEC request, a
Maintenance of Service Miscellaneous Charge or a Trouble Isolation charge applies if
the trouble is not in CenturyLink's facilities, including CenturyLink's facilities leased by
CLEC. When trouble is found on CenturyLink's side of the Demarcation Point, or Point
of Interface, during the investigation of the initial or repeat trouble report for the same
line or circuit within thirty (30) Days, Maintenance of Service Miscellaneous Charges or
Trouble Isolation Charges shall not apply.
12.3.5 Inside Wire Maintenance
.Except where specifically required by state or federal regulatory mandates, or as may be
provided for under Section 6 of this Agreement, CenturyLink will not perform any maintenance
of inside wire (premises wiring beyond the End User Customets Demarcation Point) for CLEC
or its End User Customers.
12.3.6 TestinglTest Requests/Coordinated Testing/UNEs
12.3.6.1 Where CLEC does not have the ability to diagnose and isolate trouble on
a CenturyLink line, circuit, or service provided in this Agreement that CLEC is utilzing to
serve an End User Customer, CenturyLink wil conduct testing, to the extent testing
capabilities are available to CenturyLink, to diagnose and isolate a trouble in
substantially the same time and manner that CenturyLink provides for itself, its End User
Customers, its Affiliates, or any other party.
.
12.3.6.2 Prior to CenturyLink conducting a test on a line, circuit, or service
provided in this Agreement that CLEC is utilizing to serve an End User Customer,
CenturyLink must receive a trouble report from CLEC.
12.3.6.3 On manually reported trouble for non-designed services, CenturyLink wil
provide readily available test results to CLEC or test results to CLEC in accordance with
any applicable Commission rule for providing test results to End User Customers or
CLECs. On manually reported trouble for designed services provided in this Agreement,
CenturyLink wil provide CLEC test results upon request. For electronically reported
trouble, CenturyLink wil provide CLEC with the ability to obtain basic test results in
substantially the same time and manner that CenturyLink provides for itself, its End User
Customers, its Affiliates, or any other party.
12.3.6.4 CLEC shall isolate the trouble condition to CenturyLink's portion of the
line, circuit, or service provided in this Agreement before CenturyLink accepts a trouble
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report for that line, circuit or service. Once CenturyLink accepts the trouble report from
CLEC, CenturyLink shall process the trouble report in substantially the same time and .
manner as CenturyLink does for itself, its End User Customers, its Affliates, or any other ' .
party.
12.3.6.5 CenturyLink shall test to ensure electrical continuity of all UNEs, including
Central Ofce Demarcation Point, and services it provides to CLEC prior to closing a
trouble report.
12.3.7 Work Center Interfaces
12.3.7.1 CenturyLink and CLEC shall work cooperatively to develop positive, close
working relationships among corresponding work centers involved in the trouble
resolution processes.
12.3.8 Misdirected Repair Calls
12.3.8.1 CLEC and CenturyLink wil employ the following procedures for handling
misdirected repair calls:
12.3.8.1.1 CLEC and CenturyLink wil provide their respective End User
Customers with the correct telephone numbers to call for access to their
respective repair bureaus.
12.3.8.1.2 End User Customers of CLEC shall be instructed to report all
cases of trouble to CLEC. End User Customers of CenturyLink shall be .
instructed to report all cases of trouble to CenturyLink.
12.3.8.1.3 To the extent the correct provider can be determined,
misdirected repair calls wil be referred to the proper provider of Basic Exchange
Telecommunications Service; however, nothing in this Agreement shall be
deemed to prohibit CenturyLink or CLEC from discussing its products and
services with CLEC's or CenturyLink's End User Customers who call the other
Party seeking such information.
12.3.8.1.4 CLEC and CenturyLink will provide their respective repair
contact numbers to one another on a reciprocal basis.
12.3.8.1.5 In responding to repair calls, CLEC's End User Customers
contacting CenturyLink in error wil be instructed to contact CLEC; and
CenturyLink's End User Customers contacting CLEC in error wil be instructed to
contact CenturyLink. In responding to calls, neither Party shall make disparaging
remarks about each other. To the extent the correct provider can be determined,
misdirected calls received by either Party will be referred to the proper provider of
local Exchange Service; however, nothing in this Agreement shall be deemed to
prohibit CenturyLink or CLEC from discussing its products and services with
CLEC's or CenturyLink's End User Customers who call the other Party seeking
such information..
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12.3.9 Major Outages/Restoral/Notification
12.3.9.1 CenturyLink wil notify CLEC of major network outages in substantially the
same time and manner as it provides itself, its End User Customers, its Affiliates, or any
other party. This notification will be via e-mail to CLEC's identified contact. With the
minor exception of certain Proprietary Information such as Customer information,
CenturyLink wil utilize the same thresholds and processes for external notification as it
does for internal purposes. This major outage information wil be sent via e-mail on the
same schedule as is provided internally within CenturyLink. The email notification
schedule shall consist of initial report of abnormal condition and estimated restoration
time/date, abnormal condition updates, and final disposition. Service restoration wil be
non-discriminatory, and wil be accomplished as quickly as possible according to
CenturyLink and/or industry standards.
12.3.9.2 CenturyLink wil meet with associated personnel from CLEC to share
contact information and review CenturyLink's outage restoral processes and notification
processes.
12.3.9.3 CenturyLink's emergency restoration process operates on a 7X24. basis.
12.3.10 Protective Maintenance
12.3.10.1 CenturyLink wil perform scheduled maintenance of substantially the
same type and quality to that which it provides to itself, its End User Customers, its
Affliates, or any other party.
12.3.10.2 CenturyLink wil work cooperatively with CLEC to develop industry-wide
processes to provide as much notice as possible to CLEC of pending maintenance
activity. CenturyLink shall provide notice of potentially CLEC Customer impacting
maintenance activity, to the extent CenturyLink can determine such impact, and
negotiate mutually agreeable dates with CLEC in substantially the same time and
manner as it does for itself, its End User Customers, its Affiliates, or any other party.
12.3.10.3 CenturyLink shall advise CLEC of non-scheduled maintenance, testing,
monitoring, and surveillance activity to be performed by CenturyLink on any services,
including, to the extent CenturyLink can determine, any hardware, equipment, softare,
or system providing service functionality which may potentially impact CLEC and/or
CLEC End User Customers. CenturyLink shall provide the maximum advance notice of
such non-scheduled maintenance and testing activity possible, under the circumstances;
provided, however, that CenturyLink shall provide emergency maintenance as promptly
as possible to maintain or restore service and shall advise CLEC promptly of any such
actions it takes.
12.3.11 Hours of Coverage
12.3.11.1 CenturyLink's repair operation is seven (7) Days a week, twenty-four (24)
hours a day. Not all functions or locations are covered with scheduled employees on a
7X24 basis. Where such 7X24 coverage is not available, CenturyLink's repair
operations center (always available 7X24) can call-out technicians or other personnel
required for the identified situation.
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12.3.12 Escalations
12.3.12.1 CenturyLink wil provide trouble escalation procedures to CLEC. Such
procedures will be substantially the same type and quality as CenturyLink employs for
itself, its End User Customers, its Affiliates, or any other party. CenturyLink escalations
are manual processes.
.
12.3.12.2 CenturyLink repair escalations may be initiated by either calling the
trouble reporting center or through the electronic interfaces. Escalations sequence
through five tiers: tester, duty supervisor, manager, director, vice president. The first
escalation point is the tester. CLEC may request escalation to higher tiers in its sole
discretion. Escalations status is available through telephone and the electronic
interfaces. Electronic escalation is not available for non-designed products.
12.3.12.3 CenturyLink shall handle chronic troubles on non-designed services,
which are those greater than three (3) troubles in a rolling thirty (30) Day period,
pursuant to Section 12.2.2.1.
12.3.13 Dispatch
12.3.13.1 CenturyLink will provide maintenance dispatch personnel in substantially
the same time and manner as it provides for itself, its End User Customers, its Affiliates,
or any other party.
12.3.13.2 Upon the acceptance of a complete and accurate trouble report from
CLEC, CenturyLink wil follow internal processes and industry standards, to resolve the .
repair condition. CenturyLink wil dispatch repair personnel on occasion to repair the
condition. It wil be CenturyLink's decision whether or not to send a technician out on a
dispatch. CenturyLink reserves the right to make this dispatch decision based on the
best information available to it in the trouble resolution process. It is not always
necessary to dispatch to resolve trouble; should CLEC require a dispatch when
CenturyLink believes the dispatch is not necessary, appropriate Miscellaneous Charges
for dispatch wil be biled by CenturyLink to CLEC if CenturyLink can demonstrate that
the dispatch was in fact unnecessary to the clearance of trouble or the trouble is
identified to be caused by CLEC facilities or equipment.
12.3.13.3 For POTS lines and designed service circuits, CenturyLink is responsible
for all Maintenance and Repair of the line or circuit and wil make the determination to
dispatch to locations other than the CLEC Customer premises without prior CLEC
authorization. For dispatch to the CLEC Customer premises CenturyLink shall obtain
prior CLEC authorization with the exception of major outage restoration, cable
rearrangements, and MTE terminal maintenance/replacement.
12.3.14 Trouble Reporting
12.3.14.1 CLEC may submit trouble reports through the Electronic Bonding or GUI
interfaces provided by CenturyLink. Trouble tickets created electronically in CEMR may
be viewed at any time after creation.
12.3.14.2 Manually reported trouble tickets may be accessed by CLEC through
electronic interfaces when the ticket has been closed. CLEC wil only be able to view .
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the history on the account.
12.3.15 Intervals/Parity
12.3.15.1 Similar trouble conditions, whether reported on behalf of CenturyLink End
User Customers or on behalf of CLEC End User Customers, will receive commitment
intervals in substantially the same time and manner as CenturyLink provides for itself, its
End User Customers, its Affliates, or any other party.
12.3.16 Jeopardy Management
12.3.16.1 CenturyLink wil notify CLEC, in substantially the same time and manner
as CenturyLink provides this information to itself, its End User Customers, its Affliates,
or any other party, that a trouble report commitment (appointment or interval) has been
or is likely to be missed. At CLEC option, notification may be sent by email or fax
through the electronic interface. CLEC may telephone CenturyLink repair center or use
the electronic interfaces to obtain jeopardy status. A jeopardy, caused by either CLEC
or CenturyLink, endangers completing provisioning and/or installation processes and
impacts meeting the schedule due date of CLEC's service request. When CLEC's
service request is in jeopardy, CenturyLink notifies CLEC via a status update, email,
jeopardy notification, telephone call, and/or FOC (Firm Order Confirmation). The
purpose of the jeopardy notification is to identify jeopardy conditions to CLEC that impact
meeting the scheduled due date of CLEC's service requests.
12.3.17 Trouble Screening
12.3.17.1 CLEC shall screen and test its End User Customer trouble reports
completely enough to insure, to the extent possible, that it sends to CenturyLink only
trouble reports that involve CenturyLink facilities. For services and facilities where the
capability to test all or portions of the CenturyLink network service or facilty rest with
CenturyLink, CenturyLink will perform test isolation and test the service and facilty on '
behalf of CLEC.
12.3.17.2 Intentionally Left Blank.
12.3.18 Maintenance Standards
12.3.18.1 CenturyLink will cooperate with CLEC to meet the maintenance standards
outlined in this Agreement.
12.3.18.2 On manually reported trouble, CenturyLink wil inform CLEC of repair
completion in substantially the same time and manner as CenturyLink provides to itself,
its End User Customers, its Affliates, or any other party. On electronically reported
trouble reports the electronic system wil automatically update status information,
including trouble completion, across the joint electronic gateway as the status changes.
12.3.19 End User Customer Intenace Responsibilties
12.3.19.1 CLEC will be responsible for all interactions with its End User Customers
including service call handling and notifying its End User Customers of trouble status
and resolution.
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12.3.19.2 All CenturyLink employees who perform repair service for CLEC End
User Customers wil be trained in non-discriminatory behavior. .
12.3.19.3 CenturyLink will recognize the designated CLECIDLEC as the Customer
of Record for all services ordered by CLEC/DLEC and wil send all notices, invoices and
pertinent information directly to CLEC/DLEC. Except as otherwise specifically provided
in this Agreement, Customer of Record shall be CenturyLink's single and sole point of
contact for all CLECIDLEC End User Customers.
12.3.20 Repair Call Handling
12.3.20.1 Manually-reported repair calls by CLEC to CenturyLink wil be answered
with the same quality and speed as CenturyLink answers calls from its own End User
Customers.
12.3.21 Single Point of Contact
12.3.21.1 CenturyLink wil provide a single point of contact for CLEC to report
maintenance issues and trouble reports seven (7) Days a week, twenty-four (24) hours a
day. A single 7X24 trouble reporting telephone number wil be provided to CLEC for
each category of trouble situation being encountered.
12.3.22 Network Information
12.3.22.1 CenturyLink maintains an information database, available to CLEC for the
purpose of allowing CLEC to obtain information about CenturyLink's NPAs, LATAs, .
Access Tandem Switches and Central Offces.
12.3.22.2 This database is known as the ICONN database, available to CLEC via
CenturyLink's web site.
12.3.22.3
database.
CPNI Information and NXX activity reports are also included in this
12.3.22.4 ICONN data is updated in substantially the same time and manner as
CenturyLink updates the same data for itself, its End User Customers, its Affiliates, or
any other party.
12.3.23 Maintenance Windows
12.3.23.1 Generally, CenturyLink performs major Switch maintenance activities off-
hours, during certain "maintenance windows". Major Switch maintenance activities
include Switch conversions, Switch generic upgrades and Switch equipment additions.
12.3.23.2 Generally, the maintenance window is between 10:00 p.m. through 6:00
a.m. Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 a.m.,
Mountain Time. Although CenturyLink normally does major Switch maintenance during
the above maintenance window, there wil be occsions where this wil not be possible.
CenturyLink wil provide notification of any and all maintenance activities that may
impact CLEC ordering practices such as embargoes, moratoriums, and quiet periods in
substantially the same time and manner as CenturyLink provides this information to .
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12.3.23.3 Intentionally Left Blank.
12.3.23.4 Planned generic upgrades to CenturyLink Switches are included in the
ICONN database, available to CLEC via CenturyLink's web site.
12.3.24 Switch and Frame Conversion Service Order Practices
12.3.24.1 Switch Conversions. Switch conversion activity generally consists of the
removal of one Switch and its replacement with another. Generic Switch softare or
hardware upgrades, the addition of Switch line and trunk connection hardware and the
addition of capacity to a Switch do not constitute Switch conversions.
12.3.24.2 Frame Conversions. Frame conversions are generally the removal and
replacement of one or more frames, upon which the Switch Ports terminate.
12.3.24.3 Conversion Date. The "Conversion Date" is a Switch or frame conversion
planned day of cut-over to the replacement frame(s) or Switch. The actual conversion
time typically is set for midnight of the Conversion Date. This may cause the actual
Conversion Date to migrate into the early hours of the day after the planned Conversion
Date.
.12.3.24.4 Conversion Embargoes. A Switch or frame conversion embargo is the
time period that the Switch or frame Trunk Side facility connections are frozen to
facilitate conversion from one Switch or frame to another with minimal disruption to the
End User Customer or CLEC services. During the embargo period, CenturyLink wil
reject orders for Trunk Side facilities (see Section 12.3.24.4.1) other than conversion
orders described in Section 12.3.24.4.3. Notwithstanding the foregoing and to the extent
CenturyLink provisions trunk or trunk facility related service orders for itself, its End User
Customers, its Affiliates, or any other party during embargoes, CenturyLink shall provide
CLEC the same capabilities.
12.3.24.4.1 ASRs for Switch or frame Trunk Side facility augments to
capacity or changes to Switch or frame Trunk Side facilities must be issued by
CLEC with a Due Date prior to or after the appropriate embargo interval as
identified in the ICONN database. CenturyLink shall reject Switch or frame Trunk
Side ASRs to augment capacity or change facilities issued by CLEC or
CenturyLink, its End User Customers, its Affliates or any other part during the
embargo period, regardless of the order's Due Date except for conversion ASRs
described in Section 12.3.24.4.3.
.
12.3.24.4.2 For Switch and Trunk Side frame conversions, CenturyLink shall
provide CLEC with conversion trunk group service requests (TGSR) no less than
ninety (90) Days before the Conversion Date.
12.3.24.4.3 For Switch and Trunk Side frame conversions, CLEC shall issue
facility conversion ASRs to CenturyLink no later than thirty (30) Days before the
Conversion Date for like-for-like, where CLEC mirrors their existing circuit design
from the old Switch or frame to the new Switch or frame, and sixty (60) Days
before the Conversion Date for addition of trunk capacity or modification of circuit
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characteristics (Le., change of AMI to B8ZS)..12.3.24.5 Frame Embargo Period. During frame conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities connected to the
affected frame. For conversion of trunks where CLEC mirrors their existing circuit
design from the old frame to the new frame on a like-for-Iike basis, such embargo period
shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after
the Conversion Date. If CLEC requests the addition of trunk capacity or modification of
circuit characteristics (Le., change of AMI to B8ZS) to the new frame, new facility ASRs
shall be placed, and the embargo period shall extend from sixty (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
embargo period, CenturyLink shall identify the particular dates and locations for frame
conversion embargo periods in its ICONN database in substantially the same time and
manner as CenturyLink notifies itself, its End User Customers, Affiliates, or any other
party.
12.3.24.6 Switch Embargo Period. During Switch conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities associated with
the Trunk Side of the Switch. For conversion of trunks where CLEC mirrors their
existing circuit design from the old Switch to the new Switch on a Iike-for-like basis, such
embargo period shall extend from thirty (30) Days prior to the Conversion Date until five
(5) Days after the Conversion Date. If CLEC requests the addition of trunk capacity or
modification of circuit characteristics to the new Switch, new facility ASRs shall be
placed, and the embargo period shall extend from sixty (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
embargo period, CenturyLink shall identify the particular dates and locations for Switch
conversion embargo periods in its ICONN database in substantially the same time and
manner as CenturyLink notifies itself, its End User Customers, Affiliates, or any other
party.
.
12.3.24.7 Switch and Frame Conversion Quiet Periods for LSRs. Switch and frame
conversion quiet periods are the time period within which LSRs may not contain Due
Dates, with the exception of LSRs that result in disconnect orders, including those
related to LNP orders, record orders, Biling change orders for non-switched products,
and emergency orders.
12.3.24.7.1 LSRs of any kind issued during Switch or frame conversion quiet
periods create the potential for loss of End User Customer service due to manual
operational processes caused by the Switch or frame conversion. LSRs of any
kind issued during the Switch or frame conversion quiet periods will be handled
as set forth below, with the understanding that CenturyLink shall use its best
efforts to avoid the loss of End User Customer service. Such best efforts shall be
substantially the same time and manner as CenturyLink uses for itself, its End
User Customers, its Affliates, or any other part.
12.3.24.7.2 The quiet period for Switch conversions, where no LSRs except
those requesting order activity described in 12.3.24.7 are processed for the
affected location, extends from five (5) Days prior to conversion until two (2)
Days after the conversion and is identified in the ICONN database.
12.3.24.7.3 The quiet period for frame. conversions, where no LSRs except .
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Access to Operational Support Systems (OSS).those requesting order activity described in 12.3.24.7 are processed or the
affected location, extends from five (5) Days prior to conversion until two (2)
Days after the conversion.
12.3.24.7.4 lSRs, except those requesting order activity described in
12.3.24.7, (i) must be issued with a Due Date prior to or after the conversion
quiet period and (ii) may not be issued during the quiet period. lSRs that do not
meet these requirements wil be rejected by CenturyLink.
12.3.24.7.5 lSRs requesting disconnect activity issued during the quiet
period, regardless of requested Due Date, wil be processed after the quiet
period expires.
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12.3.24.7.6 ClEC may request a Due Date change to a lNP related
disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the
Day prior to the scheduled lSR Due Date. Such changes shall be requested by
issuing a supplemental lSR requesting a Due Date change. Such changes shall
be handled as emergency orders by CenturyLink.
12.3.24.7.7 ClEC may request a Due Date change to a lNP related
disconnect order scheduled during quiet periods after 12:00 noon Mountain Time
the Day prior to the scheduled lSR Due Date until 12 noon Mountain Time the
Day after the scheduled lSR Due Date. Such changes shall be requested by
issuing a supplemental lSR requesting a Due Date change and contacting the
Interconnect Service Center. Such changes shall be handled as emergency
orders by CenturyLink.
12.3.24.7.8 In the event that ClEC End User Customer service is
disconnected in error, CenturyLink wil restore service in substantially the same
time and manner as CenturyLink does for itself, its End User Customers, its
Affliates, or any other party. Restoration of ClEC End User Customer service
will be handled through the lNP escalations process.
12.3.24.8 Switch Upgrades. Generic Switch software and hardware upgrades are
not subject to the Switch conversion embargoes or quiet periods described above. If
such generic Switch or softare upgrades require significant activity related to
translations, an abbreviated embargo and/or quiet period may be required. CenturyLink
shall implement service order embargoes and/or quiet periods during Switch upgrades in
substantially the same time and manner as CenturyLink does for itself, its End User
Customers, its Affiliates, and any other part.
12.3.24.9 Switch Line and Trunk Hardware Additions. CenturyLink shall use its
best efforts to minimize ClEC service order impacts due to hardware additions and
modifications to CenturyLink's existing Switches. CenturyLink shall provide ClEC
substantially the same service order processing capabilities as CenturyLink provides
itself, its End User Customers, Affiliates, or any other party during such Switch hardware
additions.
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Section 13
Access to Telephone Numbers
Section 13.0 . ACCESS TO TELEPHONE NUMBERS .13.1 Nothing in this Agreement shall be construed in any manner to limit or otherwise
adversely impact either Party's right to request an assignment of any NANP number resources
including, but not limited to, Central Ofce (NXX) Codes pursuant to the Central Offce Code
Assignment Guidelines published by the Industry Numbering Committee (INC) as INC 95-0407-
008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration
Guidelines INC 99-0127-023, when these Guidelines are implemented by the FCC or
Commission Order. The latest version of the Guidelines wil be considered the current
standard.
13.2 North American Numbering Plan Administration (NANPA) has transitioned to
NeuStar. Both Parties agree to comply with industry guidelines and Commission rules,
including those sections requiring the accurate reporting of data to the NANPA.
13.3 It shall be the responsibility of each Party to program and update its own
Switches and network systems pursuant to the Local Exchange Routing Guide (LERG) to
recognize and route traffc to the other Party's assigned NXX or NXX-X codes. Neither Party
shall impose any fees or charges on the other Party for such activities. The Parties wil
cooperate to establish procedures to ensure the timely activation of NXX assignments in their
respective networks.
13.4 Each Party is responsible for administering numbering resources assigned to it.
Each Party wil cooperate to timely rectify inaccuracies in its LERG data. Each Party wil
maintain/revise the LERG to reflect current homing arrangements, which includes subtending
arrangements for local and access tandems. Each Party is responsible for updating the LERG ..
data for NXX codes assigned to its End Ofce Switches. Each Party shall use the LERG
published by Telcordia or its successor for obtaining routing information and shall provide
through an authorized LERG input agent, all required information regarding its network for
maintaining the LERG in a timely manner.
13.5 Each Party shall be responsible for notifying its End User Customers of any
changes in numbering or dialing arrangements to include changes such as the introduction of
new NPAs.
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Section 14
Local Dialing Parity
Section 14.0 - LOCAL DIALING PARITY
14.1 The Parties shall provide local Dialing Parity to each other as required under
Section 251 (b )(3) of the Act. CenturyLink wil provide local Dialing Parity to competing providers
of Telephone Exchange Service and telephone toll service, and wil permit all such providers to
have non-discriminatory access to telephone numbers, operator services, Directory Assistance,
and Directory Listings, with no unreasonable dialing delays. CLEC may elect to route all of its
End User Customers' calls in the same manner as CenturyLink routes its End User Customers'
calls, for a given call type (e.g., 0, 0+,1+,411).
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Section 15
Qwests Offcial Directory Publisher
Section 15.0 . CENTURYLlNK'S OFFICIAL DIRECTORY PUBLISHER
15.1 CenturyLink and CLEC agree that certain issues outside the provision of basic white
page Directory Listings, such as yellow pages advertising, yellow pages Listings, directory
coverage, access to call guide pages (phone service pages), applicable Listings criteria, white
page enhancements and publication schedules wil be the subject of negotiations between
CLEC and directory publishers, including CenturyLink's Offcial Directory Publisher.
CenturyLink acknowledges that CLEC may request CenturyLink to facilitate discussions
between CLEC and CenturyLink's Ofcial Directory Publisher.
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Section 16
Referral Announcement
Section 16.0 . REFERRAL ANNOUNCEMENT
16.1 When an End User Customer changes from CenturyLink to CLEC, or from CLEC
to CenturyLink, and does not retain its original main/listed telephone number, the Party formerly
providing service to the End User Customer wil provide a transfer of service announcement on
the abandoned telephone number. Each Party wil provide this referral service consistent with
its tariff. This announcement wil provide details on the new number that must be dialed to
reach the End User Customer.
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Section 17
Bona Fide Request Process
Section 17.0. BONA FIDE REQUEST PROCESS .17.1 Any request for Interconnection or access to an Unbundled Network Element or
ancillary service that is not already available as described in other sections of this Agreement,
including but not limited to Exhibit F or any other interconnection agreement, Tariff or otherwise
defined by CenturyLink as a product or service shall be treated as a Bona Fide Request (BFR).
CenturyLink shall use the BFR Process to determine the terms and timetable for providing the
requested Interconnection, access to UNEs or ancillary services, and the technical feasibility of
new/different points of Interconnection. CenturyLink wil administer the BFR Process in a non-
discriminatory manner.
17.2 A BFR shall be submitted in writing and on the appropriate CenturyLink form for
BFRs. CLEC and CenturyLink may work together to prepare the BFR form and either Party
may request that such coordination be handled on an expedited basis. This form shall be
accompanied by the processing fee specified in Exhibit A of this Agreement. CenturyLink wil
refund one-half (1/2) of the processing fee if the BFR is cancelled within ten (10) business days
of the receipt of the BFR form. The form will request, and CLEC wil need to provide, the
following information, and may also provide any additional information that may be reasonably
necessary in describing and analyzing CLEC's request:
17.2.1 a technical description of each requested Network Element or
new/different points of Interconnection or ancillary services;
17.2.2
17.2.3
the desired interface specification;
each requested type of Interconnection or access;.
17.2.4 a statement that the Interconnection or Network Element or ancilary
service wil be used to provide a Telecommunications Service;
17.2.5
17.2.6
the quantity requested; and
the specific location requested.
17.3 Within two (2) business days of its receipt, CenturyLink shall acknowledge receipt
of the BFR and in such acknowledgment advise CLEC of missing information, if any, necessary
to process the BFR. Thereafter, CenturyLink shall promptly advise CLEC of the need for any
additional information required to complete the analysis of the BFR. If requested, either orally or
in writing, CenturyLink wil provide weekly updates on the status of the BFR.
17.4 Within twenty-one (21) Days of its receipt of the BFR and all information
necessary to process it, CenturyLink shall provide to CLEC an analysis of the BFR. The
analysis shall specify CenturyLink'sconclusions as to whether or not the requested
Interconnection or access to an Unbundled Network Element complies with the unbundling
requirements of the Act or state law.
17.5 If CenturyLink determines during the twenty-one (21) Day period that a BFR does
not qualify as an Unbundled Network Element or Interconnection or ancilary service that is
required to be provided under the Act or state law, CenturyLink shall advise CLEC as soon as
reasonably possible of that fact, and CenturyLink shall promptly, but in no case later than the
twenty-one (21) Day period, provide a written report setting forth the basis for its conclusion. .
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Section 17
Bona Fide Request Process
17.6 If GenturyLink determines during such twenty-one (21) Day period that the BFR
qualifies under the Act or state law, it shall notify GLEG in writing of such determination within
ten (10) Days, but in no case later than the end of such twenty-one (21) Day period.
17.7 As soon as feasible, but in any case within forty-five (45) Days after GenturyLink
notifies GLEG that the BFR qualifies under the Act, GenturyLink shall provide to GLEG a BFR
quotation. The BFR quotation wil include, at a minimum, a description of each Interconnection,
Network Element, and ancilary service, the quantity to be provided, any interface specifications,
and the applicable rates (recurring and nonrecurring) including the separately stated
development costs and construction charges of the Interconnection, Unbundled Network
Element or ancilary service and any minimum volume and term commitments required, and the
timeframes the request wil be provisioned.
17.8 GLEG has sixty (60) business days upon receipt of the BFR quotation, to either
agree to purchase under the quoted price, or cancel its BFR.
17.9 If GLEG has agreed to minimum volume and term commitments under the
preceding paragraph, GLEG may cancel the BFR or volume and term commitment at any time,
but may be subject to termination liabilty assessment or minimum period charges.
17.10 If either Party believes that the other Party is not requesting, negotiating or
processing any BFR in good faith, or disputes a determination or quoted price or cost, it may
invoke the Dispute Resolution provision of this Agreement.
17.11 All time intervals within which a response is required from one Party to another
under this Section are maximum time intervals. Each Party agrees that it wil provide all
responses to the other Party as soon as the Part has the information and analysis required to
respond, even if the time interval stated herein for a response is not over.
17.12 In the event GLEG has submitted a request for Interconnection, Unbundled
Network Elements or any combinations thereof, or ancilary services and GenturyLink
determines in accordance with the provisions of this Section 17 that the request is Technically
Feasible, subsequent requests or orders for substantially similar types of Interconnection,
Unbundled Network Elements or combinations thereof or ancillary services by GLEG shall not
be subject to the BFR process. To the extent GenturyLink has deployed or denied a
substantially similar Interconnection, Unbundled Network Elements or combinations thereof or
ancilary services under a previous BFR, a subsequent BFR shall not be required and the BFR
application fee shall be refunded immediately. CenturyLink may only require GLEG to complete
a New Product Questionnaire before ordering such Interconnection, Unbundled Network
Elements or combinations thereof, or ancilary services. 1GB pricing and intervals wil stil apply
for requests that are not yet standard offerings. For purposes of this Section 17.12, a
"substantially similar" request shall be one with substantially similar characteristics to a previous
request with respect to the information provided pursuant to Subsections 17.2.1 through 17.2.8
of Section 17.2 above. The burden of proof is upon GenturyLink to prove the BFR is not
substantially similar to a previous BFR.
17.13 The total cost charged to GLEG shall not exceed the BFR quoted price.
17.14 Upon request, GenturyLink shall provide GLEG with GenturyLink's supporting cost
data and/or studies for the Interconnection, Unbundled Network Element or ancilary service that
GLEG wishes to order within seven (7) business days, except where GenturyLink cannot obtain
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Section 17
Bona Fide Request Process
a release from its vendors within seven (7) business days, in which case CenturyLink wil make
the data available as soon as CenturyLink receives the vendor release. Such cost data shall be .
treated as Confidential Information, if requested by CenturyLink under the non-disclosure -
sections of this Agreement.
17.15 CenturyLink will provide notice to CLECs of all BFRs which have been deployed
or denied, provided, however, that identifying information such as the name of the requesting
CLEC and the location of the request shall be removed. CenturyLink shall make available a
topical list of the BFRs that it has received from CLECs. The description of each item on that
list shall be sufficient to allow CLEC to understand the general nature of the product, service, or
combination thereof that has been requested and a summary of the disposition of the request as
soon as it is made. CenturyLink shall also be required upon the request of CLEC to provide
sufficient details about the terms and conditions of any granted requests to allow CLEC to take
the same offering under substantially identical circumstances. CenturyLink shall not be required
to provide information about the request initially made by CLEC whose BFR was granted, but
must make available the same kinds of information about what it offered in response to the BFR
as it does for other products or services available under this Agreement. CLEC shall be entitled
to the same offering terms and conditions made under any granted BFR, provided that
CenturyLink may require the use of ICB pricing where it makes a demonstration to CLEC of the
need therefore.
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Section 18
Audit Process.Section 18.0 . AUDIT PROCESS
18.1 Nothing in this Section 18 shall limit or expand the Audit provisions in the
Performance Assurance Plan (PAP). Nothing in the PAP shall limit or expand the Audit
provisions in this Section 18. For purposes of this section the following definitions shall apply:
18.1.1 "Audit" shall mean the comprehensive review of the books, records, and
other documents used in providing services under this Agreement. The term "Audit"
also applies to the investigation of company records, back offce systems and databases
pertaining to Loop information.
18.1.2 "Examination" shall mean an inquiry into a specific element or process
related to the above. Commencing on the Effective Date of this Agreement, either Party
may perform Examinations as either Party deems necessary.
18.2 This Audit shall take place under the following conditions:
18.2.1 Either Party may request to perform an Audit or Examination.
18.2.2 The Audit or Examination shall occur upon thirty (30) business days
written notice by the requesting Party to the non-requesting Party.
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18.2.3 The Audit or Examination shall occur during normal business hours.
However, such Audit wil be conducted in a commercially reasonable manner and both
Parties wil work to minimize disruption to the business operations of the Party being
audited.
18.2.4 There shall be no more than two (2) Audits requested by each Party
under this Agreement in any twelve (12) month period. Either Party may audit the other
Party's books, records and documents more frequently than twice in any twelve (12)
month period (but no more than once in each quarter) if the immediately preceding audit
found previously uncorrected net variances, inaccuracies or errors in invoices in the
audited Party's favor with an aggregate value of at least two percent (2%) of the
amounts payable for the affected services during the period covered by the Audit.
18.2.5 The requesting Party may review the non-requesting Party's records,
books and documents, as may reasonably contain information relevant to the operation
of this Agreement.
18.2.6 The location of the Audit or Examination shall be the location where the
requested records, books and documents are retained in the normal course of business.
18.2.7 All transactions under this Agreement which are over twenty-four (24)
months prior to the date of request wil be considered accepted and no longer subject to
Audit. In the event an audit is initiated, the Parties agree to retain records of all
transactions under this Agreement for at least twenty-four (24) months
and all subsequent transactions wil also be subject to audit.
18.2.8 Audit or Examination Expenses.18.2.8.1 Each Party shall bear its own expenses in connection with
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Section 18
Audit Process
conduct of the Audit or Examination. The requesting Party wil pay for the
reasonable cost of special data extractions required by the Part to conduct the e.
Audit or Examination. For purposes of this section, a "Special Data Extraction"
means the creation of an output record or informational report (from existing data
files) that is not created in the normal course of business. If any program is
developed to the requesting Party's specification and at that Party's expense, the
requesting Party wil specify at the time of request whether the program is to be
retained by the other Party for reuse for any subsequent Audit or Examination.
18.2.8.2 Notwithstanding the foregoing, the non-requesting Party shall
pay all of the requesting Parts commercially reasonable expenses in the event
an Audit or Examination identifies a difference between the amount biled and the
amount determined by the Audit that exceeds five percent (5%) of the amount
biled and results in a refund and/or reduction in the Billng to the requesting
Party.
18.2.9 The Party requesting the Audit may request that an Audit be conducted
by a mutually agreed-to independent auditor, which agreement wil not be unreasonably
withheld or delayed by the non-requesting Party. Under this circumstance, the costs of
the independent auditor shall be paid for by the Party requesting the Audit subject to
Section 18.2.8.2.
18.2.10 In the event that the non-requesting Party requests that the Audit be
performed by an independent auditor, the Parties shall mutually agree to the selection of
the independent auditor. Under this circumstance, the costs of the independent auditor
shall be shared equally by the Parties. The portion of this expense borne by the .
requesting Party shall be borne by the non-requesting Party if the terms of Section
18.2.8.2 are satisfied.
18.2.11 Adjustments, credits or payments wil be made and any corrective action
must commence within thirty (30) Days after the Parties' receipt of the final Audit report
to compensate for any errors and omissions which are disclosed by such Audit or
Examination and are agreed to by the Parties. The interest rate payable shall be in
accordance with Commission requirements. In the event that any of the following
circumstances occur within thirt (30) business days after completion of the Audit or
Examination, they may be resolved at either Party's election, pursuant to the Dispute
Resolution Process; (i) errors detected by the Audit or Examination have not been
corrected; (ii) adjustments, credits or payments due as a result of the Audit or
Examination have not been made, or (iii) a dispute has arisen concerning the Audit or
Examination.
18.2.12 Neither the right to examine and Audit nor the right to receive an
adjustment wil be affected by any statement to the contrary appearing on checks or
otherwise.
18.2.13 This Section wil survive expiration or termination of this Agreement for a
period of two (2) years after expiration or termination of the Agreement.
18.3 All information received or reviewed by the requesting Part or the independent
auditor in connection with the Audit is to be considered Proprietary Information as defined by
this Agreement in Section 5.16. The non-requesting Part reserves the right to require any non- .
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Section 18
Audit Process
employee who is involved directly or indirectly in any Audit or the resolution of its findings as
described above to execute a nondisclosure agreement satisfactory to the non-requesting Party.
To the extent an Audit involves access to information of other competitors, CLEC and
CenturyLink wil aggregate such competitors' data before release to the other Party, to insure
the protection of the proprietary nature of information of other competitors. To the extent a
competitor is an Affliate of the Party being audited (including itself and its subsidiaries), the
Parties shall be allowed to examine such Affliate's disaggregated data, as required by
reasonable needs of the Audit. Information provided in an Audit or Examination may only be
reviewed by individuals with a need to know such information for purposes of this Section 18
and who are bound by the nondisclosure obligations set forth in Section 5.16. In no case shall
the Confidential Information be shared with the Parties' retail marketing, sales or strategic
planning.
18.3.1 Either Party may request an Audit of the other's compliance with this
Agreement's measures and requirements applicable to limitations on the distribution,
maintenance, and use of proprietary or other protected information that the requesting
Party has provided to the other. Those Audits shall not take place more frequently than
once in every three (3) years, unless cause is shown to support a specifically requested
Audit that would otherwise violate this frequency restriction. Examinations wil not be
permitted in connection with investigating or testing such compliance. All those other
provisions of this Section 18 that are not inconsistent herewith shall apply, except that in
the case of these Audits, the Party to be audited may also request the use of an
independent auditor.
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Section 19
Construction Charges
Section 19.0 - CONSTRUCTION CHARGES .19.1 All rates, charges and initial service periods specified in this Agreement
contemplate the provision of network Interconnection services and access to Unbundled Loops
or ancilary services to the extent existing facilities are available. Except for modifications to
existing facilities necessary to accommodate Interconnection and access to Unbundled Loops
or ancillary services specifically provided for in this Agreement, CenturyLink wil consider
requests to build additional or further facilities for network Interconnection and access to
Unbundled Loops or ancilary services, as described in the applicable section of this Agreement.
19.2 All necessary construction will be undertaken at the discretion of CenturyLink,
consistent with budgetary responsibilities, consideration for the impact on the general body of
End User Customers and without discrimination among the various Carriers.
19.3 A quotation for CLEC's portion of a specific job wil be provided to CLEC. The
quotation wil be in writing and wil be binding for ninety (90) business days after the issue date.
When accepted, CLEC wil be biled the quoted price and construction wil commence after
receipt of payment. If CLEC chooses not to have CenturyLink construct the facilities,
CenturyLink reserves the right to bil CLEC for the expense incurred for producing the
engineered job design.
19.4 In the event a construction charge is applicable, CLEC's service Application Date
wil become the date upon which CenturyLink receives the required payment.
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Section 20
Service Performance
Section 20.0 . SERVICE PERFORMANCE
20.1 Performance Indicator Definitions (PIDs), in their current form are included in
Exhibit B of this Agreement. Subsequent changes to these PIDs submitted to the Commission
shall be incorporated into Exhibit B as soon as they are effective either by operation of law or
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Section 21
Network Standards
Section 21.0 . NETWORK STANDARDS .21.1 The Parties recognize that CenturyLink services and Network Elements have
been purchased and deployed, over time, to Telcordia and CenturyLink technical standards.
Specification of standards is built into the CenturyLink purchasing process, whereby vendors
incorporate such standards into the equipment CenturyLink purchases. CenturyLink
supplements generally held industry standards with CenturyLink Technical Publications.
21.2 The Parties recognize that equipment vendors may manufacture
Telecommunications equipment that does not fully incorporate and may differ from industry
standards at varying points in time (due to standards development processes and consensus)
and either Party may have such equipment in place within its network. Except where otherwise
explicitly stated within this Agreement, such equipment is acceptable to the Parties, provided
said equipment does not pose a security, service or safety hazard to Persons or property.
21.3 Generally accepted and developed industry standards which the Parties agree to
support include, but are not limited to:
21.3.1 Switching
GR-1428-CORE Common Channel Signaling (CCS) Network Interface
Specification Supporting Toll Free Service
GR-1432-CORE Common Channel Signaling Network Interface Specification
(CCSNIS) Supporting SCCP and TCAP
GR-317-CORE LSSGR: Switching System Generic Requirements for Call .
Control Using the Integrated Services Digital Network User Part (ISDNUP)
GR-905-CORE CCSNIS Supporting Network Interconnection, Message Transfer
Part (MTP), and ISDNUP
GR-1357-CORE Switched Fractional DS1
GR-540-CORE LSSGR Tandem Supplement
GR-305-CORE
GR-1429-CORE CCSNIS Supporting Call Management Services
FR-64 LATA Switching System Generic Requirement (LSSGR)
GR-334-CORE Switched Access Service
TR-NWT -000335 Voice Grade Special Access Services
GR-529-CORE LSSGR Public Safety
GR-505-CORE Call Processing
FR-NWT-000271 Operator Services Systems Generic Requirements (OSSGR).
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Section 21
Network Standards.GR-1156-CORE OSSGR Section 21: Operator Subsystems
SR-1171 Methods and Procedures for System Reliability Analysis
21.3.2 Transport
FR-440 Transport System Generic Requirements (TSGR)
GR-499-CORE Transport Systems Generic Requirements (TSGR): Common
Requirements
GR-820-CORE Generic Transmission Surveilance; DS1 and DS3 Performance
GR-253-CORE Synchronous Optical Network (SONET) Transport Systems:
Common Generic Criteria
GR-507 -CORE LSSGR: Transmission, Section 7
TR-NWT-000776 NID for ISDN Subscriber Access
GR-342-CORE High Capacity Digital Special Access Service Transmission
Perimeter Limits and Interface Combinations
ST-TEC-000051 & 52 Telecommunications Transmission Engineering
Handbooks Volumes 1 & 2
. ANSI T1.1 02-1993 Digital Hierarchy - Electrical Interface, Annex B
21.3.3 Loops
GR-57 -CORE Functional Criteria for Digital Loop Carrier (DLC) Systems
TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital
Subscriber Lines
GR-253-CORE SONET Transport Systems: Common Generic Criteria
GR-303-CORE Integrated Digital Loop Carrier System Generic Requirements
Objectives and Interface
TR-TSY-000008 Digital Interface Between the SLC 96 Digital Loop Carrier
System and a Local Digital Switch
TA-TSY-000120 Subscriber Premises or Network Ground Wire
GR-49-CORE Generic Requirements for Outdoor Telephone Network Interface
Devices
.TR-NWT-000937 Generic Requirements for Outdoor and Indoor Building
EntranceTerminals (BETs)
TR-NWT-000133 Generic Requirements for Network Inside Wiring
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Section 21
Network Standards
ANSI T1.417, Spectrum Management for Loop Transmission Systems
21.3.4 Local Number Portabilty .
Number Portability Generic Switching and Signaling Requirements for Number
Portability, Issue 1.00, February 12,1996 (Editor- Lucent Technologies, Inc.);
Generic Requirements for SCP Application and GTT Function for Number
Portability, Issue 0.95, Final Draft, September 4,1996 (Editor - Ameritech Inc.);
Generic Operator Services Switching Requirements for Number Portability, Issue
1.00, Final Draft, April 12, 1996 (Editor - Nortel);
ATIS, TRQ No.1, Technical Requirements for Number Portability Operator
Services Switching Systems, April 1999;
ATIS, TRQ No.2, Technical Requirements for Number Portabilty Switching
Systems, April 1999;
ATIS, TRQ NO.3, Technical Requirements for Number Portability Database and
Global Title Translation, April 1999;
FCC First Report and Order and Further Notice of Proposed Rulemaking; FCC
96-286; CC Docket 95-116, RM 8535; Released July 2, 1996;
FCC First Memorandum Opinion and Order on Reconsideration; FCC 97-74; CC .
Docket 95-116, RM 8535; Released March 11, 1997.
FCC Second Report and Order, FCC 97-298; CC Docket 95-116, RM 8535;
Released August 18, 1997.
21.4 The Parties will cooperate in the development of national standards for
Interconnection elements as the competitive environment evolves. Recognizing that there are
no current national standards for Interconnection Network Elements, CenturyLink has
developed its own standards for some Network Elements. Details of these standards are
documented in the CenturyLink Technical Publications. CenturyLink Technical Publications
have been developed to support service offerings,. inform End User Customers and suppliers,
and promote engineering consistency and deployment of developing technologies. CenturyLinkprovides all of its Technical Publications at no charge via web site:
http://ww.centurylink.com/techpub/.
.
September 6, 2011/mmsllnfiniti SecurityIlD/CDS-11 0902-0001
CenturyLink Fourteen State Negotiations Template - (v8-8-11)317
OocuSign Envelope 10: 7AA3BFB6-1B2C-48AF-ACB7-F26C30344E52
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.
.
Section 22.0. SIGNATURE PAGE
Section 22
Signature Page
By signing below, and in consideration of the mutual promises set forth herein, and other good
and valuable consideration, the Parties agree to abide by the terms and conditions set forth in
this Interconnection Agreement.
Infiniti Security
Signature
~Docuned byfx~fI~k
3F88513BEA51481
Brandon Clyde
Name PrintedlTyped
Owner
Title
9/14/2011
Date
September 6, 2011/mms/lnfiniti Security/ID/CDS-110902-0001
CenturyLink Fourteen State Negotiations Template - (v8-8-11)
Qwest Corporation dba CenturyLink QC
L2....'ClBD0.....1::~~:;Rf'Ø..~J
Signature
L. T. Christensen
Name PnntedlTyped
Director - Wholesale Contracts
Title
9/19/2011
Date
318
.
.
.
.
.
.
.
.
.
Exhibit A
Idaho
EAS I Local Traffc
Reciproal Compensation
Elecion
Ii Notes
6.0 Resale Wholesale Wholesale
Discount Discount
Percentage Percentge
Recurrng Nonrecurrng
Charoes Charaes
6.1 Wholesale Discount Rates
6.1.1 Soutem Idaho
6.1.1.1 Basic Exchan'le Residential Line Service 18.25%18.25%B B
6.1.1.2 Basic Exchanae Business Line Service 18.25%18.25%B B
6.1.1.3 IntraLATA Toll 18.25%18.25%B B
6.1.1.4 Package I Special Services (e.g., Centrex, Discounted Line/Feature Packages, ISDN,18.25%18.25%B B
PBX-Trunks, DSS & UAS, Frame Relay Service, LAN, MegaBit and other ACS)
6.1.1.5 Listnas CO Features & Infnnation Services 18.25%18.25%B B
6.1.1.6 Private Line 18.25%18.25%B B
6.1.1.7 Ooerator Services I Directorv Assistnc (OS/DA)18.25%18.25%B B
6.1.1.8 Volume Packa'led Servces - Hi'lh Volume Customers 6.65%6.65%B B
6.1.1.9 Public Access Line PAL Service 0.00%0.00%B B
6.1.2 Northern Idaho
6.1.2.1 Basic Exchanae Residential Line Servce 19.37%19.37%B B
6.1.2.2 . Basic Exchanae Business Line Service I PBX 19.37%19.37%B B
6.1.2.3 IntraLATA Toll 19.37%19.37%B B
6.1.2.4 Package I Special Services (e.g., Centrex, Discounted LinelFeature Packages, ISDN,19.37%19.37%B B
PBX-Trunks, DSS & UAS, Frame Relay Servce, LAN, MegaBit and other ACS)
6.1.2.5 Listin'ls CO Features & Infonnation Services 19.37%19.37%B B
6.1.2.6 Private Line 19.37%19.37%B B
6.1.2.7 Operator Servces I Directorv Assistnce (OSIDA)19.37%19.37%B B
6.1.2.8 Volume Packaaed Services - Hiah Volume Customers 6.87%6.87%B B
6.1.2.9 Public Access Line (PAL Service 0.00%0.00%B B
6.2 Customer Transfer Charae (CTCI
6.2.1 CTC for POTS Servce
6.2.1.1 Manual
6.2.1.1.1 IFirst Line 516.22 B
6.2.1.1.2 i Each Additional Line $2.27 B
6.2.1.2 Mechanized
6.2.1.2.1 I Firs Line $0.63 B
6.2.1.2.2 i Each Additional Line 50.12 B
6.2.2 CTC for Private Line Transoort Services
6.2.2.1 Firs Circuit $38.84 B
6.2.2.2 Additional Circuit. per Circuit same CSR $33.50 B
6.2.3 CTC for Advanced Communications Services oar Circuit $46.81 B
7.0llnterconnection
7.1 Entrance Facilties
7.1.1 IIntentionallv Lef Blank
7.1.2 IDS1 5103.61 $208.34 B B
7.1.3 IDS3 $524.42 527773 B B
7.21LIS EICT
I 17.2.1 PerDS1 !&.OO $0.00 B B
17.2.2 PerDS3 $0.00 !&.OO B B
7.3 Direct Trunked Transport
7.3.1 Intentionallv Left Blank
7.3.2 DS1 Recurrn'l Fixed & per Mile)
7.3.2.1 Over 0 to 8 Miles 537.35 1.25 B B
7.3.2.2 Over 8 to 25 Miles $37.35 1.82 B B
7.3.2.3 Over 25 to 50 Miles $37.35 1.89 B B
7.3.2.4 Over 50 Miles 537.35 1.90 B B
7.3.3 DS3 (Recurrn'l Fixed & per Mile)
7.3.3.1 Over 0 to 8 Miles 257.18 519.48 B B
7.3.3.2 Over 8 to 25 Miles 260.49 $24.24 B B
7.3.3.3 Over 25 to 50 Miles 260.77 $26.43 B B
7.3.3.4 Over 50 Miles 259.32 $26.35 B B
.:7.41 MultiDlexino
17.4.1 IDS1 to DSO 5263.86 $193.30 B B
17.4.2 DS3to DS1 $304.22 $193.30 B B
I
I I 7.5lTrunk Nonrecurrna Charaes
Page 1 of 12
Exhibit A
Idaho
7.5.1 Intentionallv Left Blank
7.5.2 DS 1 Interfce
7.5.2.1 I Firs Trunk $229.40 B
7.5.2.2 I Each Additional Trunk $5.46 B
7.5.3 DS3 Interface
7.5.3.1 I First Trunk $235.71 B
7.5.3.2 Each Additional Trunk $11.78 B
7.6 Exchanoe Service IEAS/Locall Traffc
7.6.1 End Ofce Call Termination oer Minute of Use $0.001343 ##
7.6.2 Tandem Switched Transoort ner Minute of Use $/.000690 #
7.6.3 Tandem Transmission. oer Minute of Use (Recurroo Fixed & oar Mile
7.6.3.1 Ovr 0 to 8 Miles 0.000456 0.0000367 B B
7.6.3.2 Ovr 8 to 25 Miles 0.000456 .0000367 B B
7.6.3.3 Over 25 to 50 Miles $0.00045 0.000367 B B
7.6.3.4 Over 50 Miles 0.000426 0.0000144 B B
1 7.7 Local Traffc. FCC .ISP Rate Cans
I 17.7.1 I Minute Of Use as of June 14 2003 rate in effct untl furtr FCC action $0.0007 5
7.8 Miscellaneous Charnes
7.8.1 Expedite Charge (LIS Trunks)Qwests
Idaho Access
Servce
Cataloa
7.8.2 Cancellation Charge (LIS Trunks)Qwest's
Idaho Access
Service
Catloa
7.8.3 Additional Testng (LIS Trunks)Qwest's
Idaho Access
Service
Cataloo
7.9 Transit Traffc
7.9.1 Local & IntraLATA Toll Transi . ner Minute of Use $/.0045 2 13
7.9.2 Intentionallv Left Blank .7.9.3 Intentonallv Left Blank
7.9.4 CateaonJ 11 Mechanized Recrd Chame nAr Record
7.9.4.1 I Mechanize Transit Records $0.0025 2 13
I 7.10lJolntlv Provided Switched Access Services
17.10.1 Mechanized Access Records $/.0014877 B
7.11 IntraLATA Toll Traffc Qwest's Idaho Qwests Idaho
Access Access
Servce Service
Catalna Cataloa
8.0 Collocation ..
8.1 All Collocation
8.1.1 Plannioo and Enaineerioo
8.1.1.1 Intentionallv Left Blank
8.1.1.2 ICable Auament Quote Pre""raionFee !l1284.3O B
8.1.2 Entrance Faciltv
8.1.2.1 Standard Shared nAr Fiber !l5.44 $616.32 B B
8.1.2.2 ICross Connect oer Fiber $5.56 $722.65 B B
8.1.2.3 Exoress oer Cable $88.19 $9009.73 B B
8.1.3 Cable Snlicinn
8.1.3.1 I Fiber. oer Set-Uo $399.93 B
8.1.3.2 Per Fiber Solice $37.15 B
8.1.4 Power
8.1.4.1 Power Plant .
8.1.4.1.1 I Less Than 60 Am"" oar Amo Ordere !l10.64 B
8.1.4.1.2 1 EQual To or Greater Than 60 Amos. oar Amo Ordere $8.42 B
8.1.4.2 PowerUsaiie
8.1.4.2.1 I Less Than or Enual To 60 Amos oar Amo Ordered !l2.47 B
8.1.4.2.2 IGreater Than 60 AmDs oar AmD Ordere or Use $4.93 B
8.1.5 AC Power Feed
8.1.5.1 AC Power Fee oer Amo. oer Month
8.1.5.1.1 120V 16.09 B
8.1.5.1.2 208 V Sinale Phase 27.89 B
8.1.5.1.3 208 V Three Phase 48.25 B
8.1.5.1.4 240 V Sinnle Phase 32.19 B .8.1.5.1.5 240 V Thre Phase 55.68 B
8.1.5.1.6 48 V Thre Phase 111.35 B
8.1.5.2 AC Power Feed ner Foot ner Month
8.1.5.2.1 120 Amo.Siriale Phase $0.0084 $7.43 B B I
8.1.5.2.2 120 Amn Thre Phase !l0.0105 $9.22 B B
Page 2 of12
Exhibit A
Idaho
8.1.5.2.4 30 Amo. Three Phase $0.0125 $11.01 B B
8.1.5.2.5 40 Amo. Sinale Phase 0.0107 $9.43 B B
8.1.5.2.6 40 Arno. Three Phase 0.0147 $12.97 B B
8.1.5.2.7 50 Amo. Sinale Phase 0.0127 $11.18 B B
8.1.5.2.8 50 Amo. Thre Phase 0.0177 15.61 B B
8.1.5.2.9 60 Amo. Sinale Phase 0.0144 12.64 B B
8.1.5.2.10 60 Amo. Thre Phase 0.0204 17.97 B B
8.1.5.2.11 100 Amo Sinnle Phase .0178 15.66 B B
8.1.5.2.12 100 Amo. Three Phase 0.0277 24.44 B B
8.1.6 Insoector Labor. oer Half Hour
8.1.6.1 I Reaular Hours Rate .$28.25 B
8.1.6.2 i After Hours Rate minimum 3 Hours !l37.88 B
8.1.7 Channel Reaeneration
8.1.7.1 IDS1 !t .00 SO.OO 6 6
8.1.7.2 IDS3 SO.OO SO.OO 6 6
8.1.8 Collocation Terminations
8.1.8.1 Shared Accss
8.1.8.1.1 DSO
8.1.8.1.1.1 Cable Placement. oer 100 Pair Block 0.2262 !l208.61 B B
8.1.8.1.1.2 Cable Placement. oer Termination 0.0090 $4.12 B B
8.1.8.1.1.3 Cable. oer 100 Pair Block .3304 !l304.71 B B
8.1.8.1.1.4 Cable ner Termination 0:0066 $4.50 B B
8.1.8.1.1.5 Blocks. oer 100 Pair Block .5730 $.1;28.42 B B
8.1.8.1.1.6 Blocks. ner Termination 0.0115 $8.62 B B
8.1.8.1.1.7 Block Placement ner 100 Pair Block 0.2381 $219.55 B B
8.1.8.1.1.8 Block Placement. oer Terminaion 0.0048 S3.69 B B
8.1.8.1.2 DS1
8.1.8.1.2.1 Cable Placement oer 28 DS1 s .4111 $362.14 B B
8.1.8.1.2.2 Cable Placement' oer Termination 0.0442 $38.94 B B
8.1.8.1.2.3 Cable ner 28 DS1 s 0.3993 351.74 B B
8.1.8.1.2.4 Cable.oerTermination 0.0429 37.82 B B
8.1.8.1.2.5 Panel ner 28 DS1 s 0.2742 241.59 B B
8.1.8.1.2.6 Panel oerTermination 0.0330 29.04 B B
8.1.8.1.2.7 Panel Placement OAr 28 DS1 s 0.0847 74.58 B B
8.1.8.1.2.8 Panel Placement ner Termination .0091 $8.02 B B
8.1.8.1.3 DS3
8.1.8.1.3.1 Cable Placement nerTermination 0.1521 134.00 B B
8.1.8.1.3.2 Cable. oer Termination 0.2578 227.14 B B
8.1.8.1.3.3 Panel! Connector oer Termination 0.2625 231.21 B B
8.1.8.1.3.4 Panel! Connector Placement ner Termination 0.0204 18.01 B B
8.1.8.1.4 Fiber
8.1.8.1.4.1 Terminations ner 12 Fibers $26.24 !l1513.88 B B
8.1.8.1.4.2 Additional Connector if Aoolicable 0.47 $411.65 B B
8.1.8.1.4.3 Cable Rackina. Shared oer 12 Fibers 26.47 B
8.1.8.1.4.4 Cable Rackinn Dedicated $1.63 S1433.96 B B
8.1.9 Security Charaes
8.1.9.1 I Per Emolovee. oer Card $0.86 B
8.1.9.2 I Card Access ner Emnlovee OAr Centl Offce !l7.00 B
8.1.10 Comoosite Clock! Central Ofce Svnchronization
8.1.10.1 I Svnchronization - Comoosite Clock. oer Port S7.44 B
8.1.11 Intentionallv Left Blank
8.1.12 Soace Availabilit Reoort Chame !l313.63 B
8.1.13 Collocation Space Reservation Fee Charge will
be 25% of
Nonreurrng
Fee
8.1.14 Collocation Soace Ootion Administration Fee !l1107.35 B
8.1.15 Collocation Snace Ootion Fee. oer Sauare Foot $2.00 B
8.1.16 Joint Inventorv Visit Fee. oer Visit !l1610.12 12
8.1.17 Intentionallv Left Blank
8.1.18 Intentonallv Left Blank
8.1.19 Intentonallv Left Blank
8.1.20 Solitter Collocation
8.1.20.1 TIE Cable Reclassification ICB 3
8.1.20.2 Solitter Shelf Chame S'4.15 $503.72 1 1
8.1.20.3 Enoineerino !l1079.85 B
8.1.20.4 Solitter TIE Cable Connections
8.1.20.4.1 Soliter in the Common Area - Dat to 410 Block !l3.05 $2689.07 B B
8.1.20.4.2 Soliter in the Common Area - Dat Dire to CLEC $3.24 S285.97 B B
8.1.20.4.3 Soliter on the IDF - Data to 410 Block !I.95 $834.92 B B
8.1.20.4.4 Soliter on the IDF - Data Dire to CLEC $1.84 !l1623.47 B B
8.1.20.4.5 Snliter on the MDF - Dat to 410 Block S'0.98 $861.91 B B
8.1.20.4.6 Solitter on the MDF - Dat Dire to CLEC !l2.18 !l1922.42 B B.8.1.20.5 Solitter Chame ICB 3
8.1.21 Miscellaneous Charaes
8.1.21.1 Maintenance Labor. oer Half Hour (see rates in 8.2.2
8.1.21.1.1 I Renular Hours Rate $29.01 15
I 8.1.21.1.2 IAfter Hours Rate !l~9.00 15
I 8.1.21.2 Enaineerina Labor. oer Half Hour (see rates in 8.2.5\.
Page 3 of 12
Exhibit A
Idaho
8.1.21.2.2 I After Hours Rate $43.31
8.1.21.3 Instllation Labor Der Half Hour (see rates in 8.2.6)
8.1.21.3.1 I Renular Hours Rate $31.77 15
8.1.21.3.2 IAfter Hours Rate $41.32 15
8.2 Virtual Collocation
8.2.1 Planninn and Enaineerinn
8.2.1.1 Quote Preoaration Fee !l3146.41 B 7
8.2.2 Maintenance Labor Der Half Hour
8.2.2.1 RAnular Hours Rate $29.01 B
8.2.2.2 After Hours Rate $39.00 B
8.2.3 Traininn Labor Der Half Hour
8.2.3.1 I Reoular Hours Rate $29.01 B
8.2.4 BavSoace
8.2.4.1 Enuinment Bav ner Shelf 4.17 B
8.2.4.2 Virtual Soace Consction Initial Bav Provided $20.15 $17749.07 B B
8.2.4.3 Each Additional Bav Snace 3.24 ~2 854.33 B B
8.2.4.4 Virtual Cable Racklna. oar Shelf $0.44 $384.59 B B
8.2.5 Enaineerin Labor. oer Half Hour
8.2.5.1 Renular Hours Rate $32.94 B
8.2.5.2 After Hours Rate $43.31 B
8.2.6 Installation Labor ner Half Hour
8.2.6.1 I Reoular Hours Rate $31.77 B
8.2.6.2 IAfter Hours Rate $41.32 B
8.2.7 Rent
8.2.7.1 I Floor Soace Lease. oer Sauare Foot $2.70 B
8.2.7.2 I Rent ner Shelf !t.05 B
8.2.8 Intentionallv Left Blank
8.2.9 -4 Volt DC Power Cable -.r Cable
8.2.9.1 20 Amn Power Feed 4.52 3985.41 B B
8.2.9.2 30 Amo Power Feed $5.15 4537.67 B B
8.2.9.3 40 Amo Power Feed 6.22 5480.42 B B
8.2.9.4 60 Amn Power Feed 11.02 9706.03 B B
8.2.9.5 100 Amo Power Feed 18.58 16370.51 B B
8.2.9.6 200 Amo Power Feed 34.59 30473.53 B B
8.2.9.7 300 Amo Power Feed 54.39 47917.87 B .8.2.9.8 400 Amo Power Feed 7723 68037.02 B
8.3 Caaeless Phvsical Collocation
8.3.1 Plannina and Ennineerinn
8.3.1.1 IQuote Preoaration Fee $3146.41 B 7
8.3.2 Soace Construion and Site Prenaration
8.3.2.1 Site Preoaration Fee ICB 3
8.3.2.2 Soace Construction for 2 Bii ~23.39 $20603.40 B B
8.3.2.3 Intentionallv Left Blank
8.3.2.4 Intentionallv Left Blank
8.3.2.5 Each Additional Bav ~3.24 ~2 854.33 B B
8.3.2.6 Adustent to use a Sinnle Bav - Chanae to Standard Desian ($3.24 (!l2854.33 B B
8.3.2.7 -4 Volt DC Power Cable-o Feed
8.3.2.7.1 20 Amn Power Feed 4.52 3985.41 B B
8.3.2.7.2 30 Amo Power Fee 5.15 4537.67 B B
8.3.2.7.3 40 Amn Power Fee 6.22 548Q.2 B B
8.3.2.7.4 60 Amn Power Feed 11.02 9706.3 B B
8.3.2.7.5 100 Ama Power Fee 18.58 16370.51 B B
8.3.2.7.6 200 Amn Power Feed 34.59 30473.53 B B
8.3.2.7.7 300 Amn Power Feed 54.39 $47917.87 B B
8.3.2.7.8 400 AniaPower Feed 77.23 $68037.02 B B
8.3.2.8 Intentionallv Left Blank
8.3.2.9 Caoeless Bav Fees
8.3.2.9.1 TBav Bav $2042.23 1
8.3.2.9.2 12.5 Inch Snacer Fee oar Soacer $269.64 1
8.3.2.9.3 15 Inch Srcer Fee NOr Soacer $283.32 1
8.3.3 Floor Snace Lease ner Snuare Foot !l2.70 B
8.4 Caaed Ph ..ical Collocation
8.4.1 Plannina and Enaineerina
8.4.1.1 Quote Preoaration Fee ~::185.58 B 7
8.4.2 Soace Constion and Site Prenaration
8.4.2.1 Site Preoaraion Fee ICB 3
8.4.2.2 Intentionallv Left Blank
8.4.2.3 Intentionallv Left Blank
8.4.2.4 Soace Construion
8.4.2.4.1 Cane: Un to 100 Sn. Ft.38.51 33927.76 B B
8.4.2.4.2 Caoe: 101 to 200 Sn. Ft.34.18 30113.98 B --8.4.2.4.3 Cane: 201 to 300 Sn. Ft.42.18 37154.11 B
8.4.2.4.4 Caae: 301 to 400 Sn. Ft.44.18 38922.82 B
8.4.2.5 Intentonallv Left Blank
8.4.2.6 -4 Volt DC Power Cable ner Feed I
8..2..1 120 Anin-Power Feed $5.62 !l4954.85 B B I
Page 40f12
Exhibit A
Idaho
8.4.2.6.3 40 Amo Power Feed $7.41 6526.00 B B
8.4.2.6.4 60 Amo Power Feed $12.23 10772.79 B B
8.4.2.6.5 100 Amo Power Feed 19.90 17531.29 B B
8.4.2.6.6 200 Amo Power Feed 37.04 32634.30 B B
8.4.2.6.7 300 Amo Power Feed 58.25 51315.56 B B
8.4.2.6.8 400 Amo Power Feed 82.71 72861.29 B B
8.4.3 Soace Construction - Fencl Credit
8.4.3.1 Caoe: Uo to 100 Sa. Ft.10.07 5723.12 B B
8.4.3.2 Caae: 101 to 200 Sa. Ft 12.70 7135.89 B B
8.4.3.3 Caoe: 201 to 300 Sa. Ft 14.47 8015.26 B B
8.4.3.4 Caae: 301 to 400 Sa. Ft.16.15 8851.38 B B
8.4.4 Floor Soace Lease oer Souare Foot $2.70 B
8.45 IntentonallY Left Blank
8.4.6 Intentonallv Left Blank
8.4.7 Intentonally Left Blank
8.4.8 Groundina
8.4.8.1 2/0 AWG oer Foot 0.0097 $8.52 B B
8.4.8.2 1/0 AWG oer Foot 0.170 14.99 B B
8.4.8.3 4/0 AWG oer Foot 0.0200 17.64 B B
8.4.8.4 350 kcmil, oer Foot 0.0258 22.77 B B
8.4.8.5 500 kcmil, oer Foot 0.0299 26.35 B B
8.4.8.6 750 kcmil oer Foot 0.0456 40.17 B B
8.5lAdacent Collocation ICB 3
8.6 Remote Collocation
8.6.1 Phvslcal &Vlrtual Remote Collocation
8.6.1.1 Soace oer Standard Mountino Unit $0.57 $66.47 B B
8.6.1.2 FDI Terminations oer 25 Pair $0.35 $4.90 B B
8.6.1.3 Power Usaoe see rates in 8.1.4.2
8.6.1.3.1 Less Than or Eaual To 60 Amos oer Amo Ordered $2.47 15
8.6.1.3.2 Greater Than 60 Amos oer Amo Ordere or Used $4.93 15
8.6.1.4 Quote Preoaratlon Fee $1064.52 B
8.6.2 Adiacent Remote Collocation ICB 3
8.6.3 Additional Virtual Remote Terminal Features.8.6.3.1 Flat Charoe oar Job 36.16 B
8.6.3.2 Enaineenna. oer Half Hour 35.65 B
8.6.3.3 Maintenance oer Half Hour 29.40 B
8.6.3.4 Instllation oer Half Hour 29.40 B
I 8.6.3.5 Tralnlno. oer Half Hour 29.40 B
8.7 CLEC.to-LEC
8.7.1 Desion Enoineenna & Instllation - No Cables
8.7.1.1 I Fiber Flat Charoe $1229.81 B
8.7.1.2 IFlatCharoe $634.76 B
8.7.2 Cable Rackina
8.7.2.1 DSO oer Foot. oar Cable 0.11848 B
8.7.2.2 DS1 oar Foot oar Cable 0.13075 B
8.7.2.3 DS3 oer Foot oer Cable 0.10234 B
8.7.2.4 Fiber, oer Foot oer Fiber 0.93313 B
8.7.3 Virtual Connectons (if Aoolicable - Connections OnlY: No Cables
8.7.3.1 DSO oer 100 Connectons $194.39 B
8.7.3.2 DS 1 oar 28 Connections $91.54 B
8.7.3.3 DS3 oer 1 Connection .$5.90 B
8.7.3.4 Fiber Connections, oer Fiber Soliced (see rates frm 8.1.3.2)$37.15 15
8.7.4 Cable Hole If Aoolicable $386.89 B
8.7.5 CLEC-to-CLEC Cross-Connection $201.36 B
8.8 Interconnection Distribution Frame /ICDF) Collocation
8.8.1 Quote Preoaration Fee (see rate in 8.1.1.2 $1284.30 15
8.8.2 DSO Circuit oer 200 Leas $17.80 $2171.94 12 12
8.8.3 DS1 Circuit oer Two Leas $0.91 $71.59 12 12
8.8.4 DS3 Circuit oer Two Leas $8.91 $1182.27 12 12
8.8.5 Fiber Circuit. oer Two Leos $2.25 $236.98 12 12
8.9 Collocation Cancellation QPF,
Prorated Job
Cost
8.9.1 Additional Labot Other. oar Half Hour or frction thereof (see rates in 9.201
8.9.1.1 IAdditlonal Labor - Basic 27.70 15
8.9.1.2 IAdditional Labor - Overtme 36.98 15
8.9.1.3 IAddltional Labor - Premium 48.29 15
8.9.2 Additional Disoatch. oer Reouest se rate in 9.20 87.98 15
.:8.10lMicroaye Entrance Facilitv ICB ICB 3 3
8.11 IIntentionally Left Blank .
I
I I 8.121 Faciltv Connected IFC) Collocation
Page 5 of12
Exhibit A
Idaho
8.12.2 Enoineerina Fee oer Job ICB
8.12.3 Conner Entrance Faciltv ner 100 Pair ICB ICB 3 3
8.12.4 Fiber Entnce Faciltv. oer 12 Strands (see rates in 8.1.2.1 $5.44 $616.32 15 15
8.12.5 Termination Block with Gas Proectors ner 100 Pairs ICB ICB 3 3
8.12.6 Termination Panel ner 12 Strands ICB ICB 3 3
8.12.7 DS1 Voltaae Isolation. aer DS1 ICB ICB 3 3
8.13 DC Power Reduction and Restoration
8.13.1 Power Reducon
8.13.1.1 Quote Preoaraion Feeiir Ofce $703.70 B
8.13.1.2 Power Reduction wit or without Resrvon aer Fee se
8.13.1.2.1 Less Than 60 Am""494.45 B
8.13.1.2.2 TEnual To 60 Amos 706.91 B
8.13.1.2.3 Greater Than 60 Amos 895.31 B
8.13.1.3 Power Off oer Feed Set aer Secondarv Feed 621.09 B
8.13.1.4 Power Maintenance Chame Reservation Charae\. oer Fuse Set 1£64.59 B
8.13.1.5 Location Chanae from Power Board to BDFB ICB 3
8.13.2 Power Restoration
8.13.2.1 Quote Preoaration Fee ner Offce $703.70 B
8.13.2.2 Power Restoration amies to Primaiv & Secondarv Feed
8.13.2.2.1 Power Restoration with Reservation
8.13.2.2.1.1 I Less Than 60 Amos $494.45 12
8.13.2.2.1.2 ì Enual To 60 AmDs 1£706.91 12
8.13.2.2.1.3 Greater Than 60 Amos $895.31 12
8.13.2.2.2 Power Restoration without Reservion ICB 12
8.13.2.3 Location Chanae frm Power Board to BDFB ICB 3
8.14 Collocation Transfer of Resnonslbl¡¡
8.14.1 Intentionallv Left Blank
8.14.2 Assessment Fee. oer Reauest '11036.00 B
8.14.3 Netork Svstem Administtion Fee ner Renuest $1586.00 B
8.14.4 Transfer of Responsibilit applies to Wireline & Wireless Local Interconnection Trunks, UDIT,$32.80 12
Unbundled Dark Fiber, per Circuit
8.14.5 Transfer of Responsibilty applies to Unbundled Loop, Subloop, Loop Splitting, Loop Mux Combo,$32.80 12
EEL, per Circuit .8.15 Collocation Available Inventorv .
8.15.1 Standard Sites
8.15.1.1 Removal of Terminations
8.15.1.1.1 DSO oer 100 Terminations ICB 3
8.15.1.1.2 DS1 ner Termination ICB 3
8.15.1.1.3 DS3 aer Termination ICB 3
8.15.1.1.4 OCN ner 12 Fibers ICB 3
8.15.2 SnAcial Sites
8.15.2.1 ISoecial Site Assessment Fee $1051.23 12
8.15.2.2 Netork Svstems Assessment Fee $1652.38 12
8.15.2.3 Site Survev Fee $163.65 12
8.15.3 Re-usable Elements ICB 3
8.15.4 Quote Prenaration Fee (QPF
8.15.4.1 ICaneless (se rate in 8.3.1.1\1£3146.41 14
8.15.4.2 ICaaed (se rate in 8.4.1.1T '13185.58 14
8.16 Collocation Decommlsslonlna Isee rate In 9.201
8.16.1 Additional Labor other ner Half Hour or frction thereof
8.16.1.1 Additional Labor Other - Basic $27.70 15
8.16.1.2 Additional Labor Oter - Overtime 1£36.98 15
8.16.1.3 Additional Labor Other. Premium $46.29 15
8.16.2 Additional Disnatch ner Order $87.98 15
8.17 JolntTestlna
I 8.17.1 ISet-Uo Fee (see rae in 8.2.2.1 with a one hour minimuml $58.2 15
8.17.2 Test Time Fee aer Half HourlSee ra in 8.2.2.1\1£29.01 15
9.0lUnbundled Network Elements IUNEsI
9.1 Interconnection Tie Pairs IITPI . Per Termination
9.1.1 IDSO $0.38 B
9.1.2 DS1 1£1.24 B
9.1.3 IDS3 '114.76 B
9.2 Unbundled LOODS
9.2.1 Analoa Loo s See 9.2.4
9.2.1.1 2-Wire Voice Grade Loon .9.2.1.1.1 TZone1 1£15.65 ##
9.2.1.1.2 Zone 2 !l23.76 ##
9.2.1.1.3 I Zone 3 $40.50 ##
9,2.1.2 Intentionallv Left Blank I
9.2.1.3 4-Wire Voice Grade Loon I
Pag 6of12
Exhibit A
Idaho
19.2.1.3.2 IZone 2 $46.63 ##
9.2.1.3.3 Zone 3 $79.47 ##
9.2.2 Nonloaded Loops See 9.2.4
9.2.2.1 2-Wire Nonloaded Loop
9.2.2.1.1 IZone 1 $15.65 ##
9.2.2.1.2 I Zone 2 $23.76 ##
9.2.2.1.3 Zone 3 $40.50 ##
9.2.2.2 I nlenlionallv Left Blank
9.2.2.3 4-Wire Nonloaded Looo
9.2.2.3.1 Zone 1 30.70 ##
9.2.2.3.2 Zone 2 $46.63 ##
9.2.2.3.3 Zone 3 79.47 ##
9.2.2.4 Loop Unloadin $9.00 A
9.2.2.5 Loop Conditionina 22.00 A
9.2.3 Diaital Capable Loops
9.2.3.1 Basic Rate ISDN I xDSL-1 Caoable See 9.2.4
9.2.3.1.1 IZone 1 $15.65 ##
9.2.3.1.2 IZone2 $23.76 ##
9.2.3.1.3 Zone 3 $40.50 ##
9.2.3.2 Inlenlionallv Left Blank
9.2.3.3 DS1 Capable Loop See 9.2.5
9.2.3.3.1 Zone 1 $86.48 ##
9.2.3.3.2 Zone 2 $86.46 ##
9.2.3.3.3 Zone 3 $99.96 ##
9.2.3.4 DS3 Capable Loop See 9.2.6
9.2.3.4.1 Zone 1 $941.95 ##
9.2.3.4.2 Zone 2 $955.04 ##
9.2.3.4.3 Zone 3 $1264.56 ##
9.2.3.5 Inlenlionallv Left Blank
9.2.3.6 2-Wire Extension Technoloav $22.00 A
9.2.4 Loop Instllation Charges for 2 & 4-Wire Analog I Nonloaded, ISDN BRI Capable and xDSL - i See 9.2.1 &
Capable Loops where conditioning is no required.9.2.2
9.2.4.1 Basic Installation
9.2.4.1.1 I Firs $11.03 A
9.2.4.1.2 I Each Additional $6.07 A.9.2.4.2 Basic Installation with Perfnnance Testina
9.2.4.2.1 I Firs $17.72 A
9.2.4.2.2 I Each Additional $8.99 A
9.2.4.3 Coordinated Instllation with Cooperative Testing I Project Coordinated Installation
9.2.4.3.1 I First $171.87 #
9.2.4.3.2 I Each Additional $94.09 #
9.2.4.4 Coordinated Instllation without Cooperative Testing I Project Coordinated Installation
9.2.4.4.1 I First $59.81 #
9.2.4.4.2 I Each Additional $53.32 #
9.2.4.5 Basic Instllation with Cooperative Teslna
9.2.4.5.1 I Firs $142.10 #
9.2.4.5.2 I Each Additional $94.09 #
9.2.5 DS1 Loop Instllation Charaes See 9.2.3.3
9.2.5.1 Basic Instllation
9.2.5.1.1 I Firs $128.71 B
9.2.5.1.2 I Each Additional $99.73 B
9.2.5.2 Basic Instllation with Perfnnance Teslna
9.2.5.2.1 I First $279.37 B
9.2.5.2.2 I Each Additional $212.57 B
9.2.5.3 Coordinated Instllation with Cooperative Testing I Project Cordinated Instllation
.9.2.5.3.1 lFirs $316.94 B
9.2.5.3.2 I Each Additional .$222.40 B
9.2.5.4 Coordinaed Instllation witfjout Coperative Testing I Projec Coordinaed Instllation
9.2.5.4.1 I Firs $135.78 B
9.2.5.4.2 I Each Additional $106.79 B
9.2.5.5 Basic Instllation with Cooperative Testina
9.2.5.5.1 I Firs $272.24 B
9.2.5.5.2 I Each Additional $195.68 B
9.2.6 DS3 Loop Instllation Charaes 5e9.2.3.4
9.2.6.1 Basic Instllation
9.2.6.1.1 I Firs $128.71 B
9.2.6.1.2 I Each Additional $99.73 B
9.2.6.2 Basic Instllation with Perfnnance Teslna.9.2.6.2.1 I Firs $279.37 B
9.2.6.2.2 I Each Additional $212.57 B
9.2.6.3 Coordinated Instllation with Cooperative Testing I Projec Coordinated Instllation
.
I 9.2.6.3.1 I Firs $316.94 B
i 9.2.6.3.2 lEach Additional $222.40 B
Page 7 of12
Exhibit A
Idaho
9.2.6.4 Coordinated Installation without Cooperative Testing I Projec Coordinated Installation
9.2.6.4.1 I Firs $135.78 B
9.2.6.4.2 I Each Additional $106.79 B
9.2.6.5 Basic Instllation with Coonrative Testna
9.2.6.5.1 I Firs $272.24 B
9.2.6.5.2 I Each Additonal $195.68 B
9.2.7 Intentionallv Left Blank
9.2.8 Private Line I Snecial Access to Unbundled Loon Convrsion as is $34.50 B
9.3 SubioOD
9.3.1 2-Wire Analoa and Nonloaded Distbuton Loon
9.3.1.1 Firs $107.92 1
9.3.1.2 Each Additional $29.62 1
9.3.1.3 Firs & Each Additional 2-Wire Distribution LooD
9.3.1.3.1 IZone 1 $11.00 ##
9.3.1.3.2 IZone 2 9:16.70 ##
9.3.1.3.3 IZone 3 $27.57 1
9.3.2 Intentionall Left Blank
9.3.3 Int-Build in Cable Loon ner Pair 9:0.70 1
9.3.3.1 No Disoatch Firs 51.97 1
9.3.3.2 No Disnatch Each Additional 21.32 1
9.3.3.3 Disoatch Firs 98.14 1
9.3.3.4 Disnatch Each Additional 31.62 1
9.3.4 Intentionallv Left Blank
9.3.5 MTE Tenninal Sublooo Access
9.3.5.1 ISubloon MTE - POI Site Inventor ""r Reauest $110.46 1
9.3.5.2 I MTE - POI Rearrnnement of Facilties ICB 3
9.3.5.3 IMTE - POI Constn.on of New SPOI ICB 3
9.3.6 Intentonallv Left Blank
9.3.7 Field Connection Point IFCPI
9.3.7.1 Feasibiltv Fee I Quoe Prenaration Fee $1197.07 1
9.3.7.2 FCP Set-Un ner Renuest 9:3291.11 12
9.3.7.3 FCP Solicina.ner 25 Pairs $13.88 12
9.3.7.4 FCP Reclassification $463.26 1
9.4 Shared Services
9.4.1 Intentonallv Left Blank
9.4.2 Line Snlittina
9.4.2.1 I Basic Instllation Chame for Line Snlittina $33.79 1
9.4.3 Looo Snlitino
9.4.3.1 Basic Installation Chame for Loon Snlitina $33.79 1
9.4.4 OSS oer Line oer Month !t3.23 1
I 9.51 Network Interface Device INIDI $0.51 $52.76 A,10 B
9.6 Unbundled Dedicated Interoffce TransDort IUDITI
9.6.1 DSOUDIT Recurrni Fixed & ner Mile $241.74 B
.9.6.1.1 Over 0 to 8 Miles ..,. ,,.24.67 ,0.29 B B
9.6.1.2 Over 8 to 25 Miles 24.69 0.23 B B
9.6.1.3 Over 25 to 50 Miles 24.86 0.15 B B
9.6.1.4 Over 50 Miles 24.69 .05 B B
9.6.2 DS1 UDIT Recurrna Fixed & ner Miiei $284.52 B
9.6.2.1 Over 0 to 8 Miles 36.43 3.20 B B
9.6.2.2 Over 8 to 25 Miles 37.26 3.19 B B
9.6.2.3 Over 25 to 50 Miles 39.12 1.81 B B
9.6.2.4 Over 50 Miles 37.77 0.78 B B
9.6.3 DS3UDIT Recurrna Fixed & ner Mile)$284.52 B
9.6.3.1 Over 0 to 8 Miles !t238.61 T54.07 B B
9.6.3.2 Over 8 to 25 Miles $242.03 !t16.78 B B
9.6.3.3 Over 25 to 50 Miles 9:223.90 $21.34 B B
9.6.3.4 Ovr 50 Miles !t235.64 $14.83 B B
9.6.4 Intentionallv Left Blank
9.6.5 Intentonallv Left Blank
9.6.6 Intentionallv Left Blank
9.6.7 UDIT DSO Channel Perfnnnce
9.6.7.1 DSO UDIT Low Side Channelization !t13.10 B
9.6.8 Intentionallv Left Blank
9.6.9 Intentionallv Left Blank
9.6.10 Intentionallv Left Blank
9.6.11 UDIT Rearrniement
9.6.11.1 DSO Sinnle Ofce 164.40 B
9.6.11.2 DSO Dual Ofce 206.79 B
9.6.11.3 Hiah Canacitv Sinnle Ofce 221.94 B
9.6.11.4 Hiah caoacitv. Dual Ofce 249.30 .9.6.12 Private Line I Snecial Access to UDIT Conversion las is)131.19
.
I 9.71 Unbundled Dark Fiber IUDFI
I 9.7.1 Initial Recrds Innuini IIRI\.
I I 19.7.1.1 ISimole $196.2 B
Page 8of12
Exhibit A
Idaho
9.7.2 Field Verification and Quote Preoaration (FVQP) $907.28 B9.7.3 EnGineerino Verification ~297.03 B
9.7.4 UDF - Sinole Strand
9.7.4.1 UDF -Interoffce Faciltv (UDF-IOF) - SinGle Strand
9.7.4.1.1 Order Chame. oer Firs Strand I Route I Order
9.7.4.1.2 Order Charne Each Additional Strand I Route I Order
9.7.4.1.3 FiberTransoort. oer Strnd I Mile
9.7.4.1.4 Tennination Fixed, oer Strand I Ofce I Tennination
9.7.4.1.5 Fiber Cross-Connect (Minimum of 2 Cross-Connecs apply), per
Strand
!l492.60
$255.66
B
B
$50.87
$4.80
$2.39 $19.38
9
B
B B
9.7.5 UDF - oer Pair
9.7.5.1 UDF -Interoffce Faciltv (UDF-IOF) - oer Pair
9.7.5.1.1 Order Chame. OAr Firs Pair I Route I Order
9.7.5.1.2 Order Charne Each Additional Pair I Route I Order
9.7.5.1.3 FiberTransoort. oerPairl Mile
9.7.5.1.4 Tennination Fixed. oer Pair I Ofce I Tennination
9.7.5.1.5 Fiber Cross-Connect (Minimum of 2 Cross-Connect apply), per Pair
$492.60 B
$255.66 B
~66.15 B
$7.31 B
$4.43 $19.38 B B
$62.60 B
ICB ICB 3 3
9.7.6 Dark Fiber SoUce
9.7.7 UDF MTE Sublooo
I 9.SlIntentionallv Left Blank
.I 9.9l1ntentlonallv Left Blank
I 9.101lntentlonallv Left Blank
I 9.11 IntentionallY Lef Blank
I 9.12l1ntentlonallv Left Blank
I 9.13l1ntentionallv Left Blank
I 9.14l1ntentlonallv Left Blank
9.15l1ntentionallv Left Blank
I 9.16l1ntentionalhì Left Blank
I 9.17l1ntentlonallv Left Blank
I 9.1SlIntentlonallv Left Blank
9.19 Construction Charoes
9.19.1 CLEC Requested UNE Constction (CRUNEC) - applies to Unbundled Dark Fiber, Unbundled
Loop, Loop Mux Combo, EEL, UDIT & Subloop
9.19.1.1 ¡Records Quote Preoaration Fee
9.19.1.2 IConstruction Quoe Preiiration Fee
9.19.2 Construction of Network Caoacitv Facilties or Soace for Access to or use of UNEs
9.20 Miscellaneous Charces
9.20.1 Additional Enoineerino. oer Half Hour or frction thereof
9.20.1.1 Additional Emineerim - Basic
9.20.1.2 Additional EnGineerina - Overtime
9.20.2 Additional Labor Instllation. OAr Half Hour or frction thereof
9.20.2.1 IAdditional Labor Instllation - Overtime
9.20.2.2 IAdditional Labor Instllation - Premium
9.20.3 Additi.onal Labor Other. oar Half Hour or fraction thereof
9.20.3.1 IAdditional Labor Other - (ODtional Testino) Basic
9.20.3.2 IAdditional Labor Other - (ODtional TestnG) Overtime
9.20.3.3 IAdditional Labor Oter - (ODtional Testino) Premium
Intentionallv Left Blank
Intentionallv Left Blank
Additional Coooerative AcceDtance Testi . oer Half Hour or frction theref
9.20.6.1 IAdditional Coooerative Acc nce Testinn - Basic
9.20.6.2 IAdditional Coooerative Accc tance Testino - Overtme
9.20.6.3 IAdditional Coooerative Acc ance Testim - Premium
9.20.7 Nonscheduled Cooarative TestinG. oer Half Hour or frction thereof
9.20.7.1 INonscheduled Coooerative TestinG - Basic
9.20.7.2 INonscheduled Coooerative TestinG - Overtme
9.20.7.3 INonscheduled Coooerative TestinG' Premium
9.20.8 Nonsheduled Manual Testim. oer Half Hour or fraction thereof
9.20.8.1 Nonscheduled Manual TestnG - Basic
9.20.8.2 Nonscheduled Manual Testna - Overtime
9.20.8.3 Nonscheduled Manual TestinG - Premium
9.20.9 Intentionall Left Blank
9.20.10 Intentionallv Left Blank
9.20.4
9.20.5
9.20.6
!l~47.46 12
!l863.43 12
ICB ICB 3 3
$31.74 B
$39.61 B
$9.02 B
!l18.05 B
!l27.70 B
$36.98 B
$4.29 B
$29.40 B
$39.28 B
!l49.16 B
!l29.4O B
!l~9.28 B
$.9.09 B
$29.40 B
!l39.28 B
$49.16 B.
I
Page 90f12
Exhibit A
Idaho
9.20.11 Additional Disoatch oer Order $87.98
9.20.12 Intentionallv Left Blank
9.20.13 Desian Chanae. oer Order $73.99 B
9.20.14 Exoeite Chame. ner Dav Advanced see rates in Qwest s Tanff FCC NO.1 Section 5)$200.00 11
9.20.15 Cancellation Charae ICB 3
9.20.16 Maintenance of Service. oer Half Hour or frction thereof
9.20.16.1 Maintenance of Service - Basic $28.86 B
9.20.16.2 I Maintenance of Service - Overtme $36.98 B
9.20.16.3 Maintenance of Service - Premium $46.29 B
9.20.17 Intentionallv Left Blank
I 9.21lChannel Reaeneration
I 19.21.1 IDS1 $0.00 $0.00 6 6
I 19.21.2 IDS3 $0.00 $0.00 6 6
I 9.22l1ntentionallv Left Blank
9.23 UNE Combinations
9.23.1 Intentionallv Left Blank
9.23.2 Enhanced Exended Looo (EEL)
9.23.2.1 EEL Loon. DSO 2-Wire Analon
9.23.2.1.1 EEL 2-Wire Looo Installation
9.23.2.1.1.1 ÎFirs $245.11 1
9.23.2.1.1.2 Each Additional $182.97 1
9.23.2.1.2 2-Wire Analoo Loon (see rates in 9.2.1.1
9.23.2.1.2.1 Zone 1 $15.65 15
9.23.2.1.2.2 Zone 2 $23.76 15
9.23.2.1.2.3 Zone 3 $40.50 15
9.23.2.2 EEL Loon. DSO 4-Wire Analnn .
9.23.2.2.1 EEL 4-Wire Looo Instllation
9.23.2.2.1.1 lFirs $245.11 1
9.23.2.2.1.2 I Each Additional $182.97 1
9.23.2.2.2 4-Wire Analoa Looo (see rates in 9.2.1.3)
9.23.2.2.2.1 lZone 1 $30.70 15
9.23.2.2.2.2 I Zone 2 $46.63 15
9.23.2.2.2.3 lZone3 $79.47 15
9.23.2.3 EEL Loon. DS1 .9.23.2.3.1 EEL DS1 Looo Installation
9.23.2.3.1.1 I Firs $300.49
9.23.2.3.1.2 I Each Additional $225.39
9.23.2.3.2 DS1 Canble Loon see rates in 9.2.3.3)
9.23.2.3.2.1 IZone 1 $M.48 15
9.23.2.3.2.2 IZone2 $86.46 15
9.23.2.3.2.3 'IZone 3 $99.96 15
9.23.2.4 EEL Loon. DS3
9.23.2.4.1 EEL DS3 Looo Insllation
9.23.2.4.1.1 lFirs $.~23.61 1
9.23.2.4.1.2 I Each Additional $246.51 1
9.23.2.4.2 DS3 Canable Loon (se rates in 9.2.3.4
9.23.2.4.2.1 IZone 1 $941.95 15
9.23.2.4.2.2 IZone 2 $955.04 15
9.23.2.4.2.3 IZone 3 $1264.56 15
9.23.2.5 Pnvate Line I S cial Access to EEL Conversion (as is)$34.50 B
9.23.2.6 EEL Rearrnaement
9.23.2.6.1 TDSO $130.83 12
9.23.2.6.2 I Hinh Canacitv $148.50 12
9.23.2.7 EEL Transoort
9.23.2.7.1 DSO Recurrnn Fixed & Der Mile) (se rates in 9.6.1)
9.23.2.7.1.1 Over 0 to 8 Miles $24.67 $0.29 15 15
9.23.2.7.1.2 Over 8 to 25 Miles $24.69 !f0.23 15 15
9.23.2.7.1.3 Over 25 to 50 Miles $24.86 $0.15 15 15
9.23.2.7.1.4 Over 50 Miles $24.69 $0.05 15 15
9.23.2.7.2 DS11Recurrnn Fixed & oer Mile\ (se raes in 9.6.2\
9.23.2.7.2.1 Ovr 0 to 8 Miles 36.43 .20 15 15
9.23.2.7.2;2 Ovr 8 to 25 Miles 37.26 3.19 15 15
9.23.2.7.2.3 Over 25 to 50 Miles 39.12 1.81 15 15
9.23.2.7.2.4 Ovr 50 Miles 37.77 0.78 15 15
9.23.2.7.3 DS3 TRecurrm Fixed & oer Mile) (se rates in 9.6.3\
9.23.2.7.3.1 Over 0 to 8 Miles $238.61 54.07 15 15
9.23.2.7.3.2 Over 8 to 25 Miles $242.03 16.78 15 15
9.23.2.7.3.3 Over 25 to 50 Miles $223.90 21.34 15 15
9.23.2.7.3.4 Over 50 Miles $235.64 14.83 15 15
9.23.:1.8 EEL Multnlexin
9.23.2.8.1 DS1 toDSO $263.86 $246.92 B 1
9.23.2.8.:1 DS3to DS1 $304.22 $246.92 B .9.23.2.9 EEL DSO Channel Perfnnance
9.23.2.9.1 I DSO Low Side Channelization $13.10 B
9.23.2.9.2 DS11 DSO Low Side Channelization $7.47 B
I
I 9.241lntentionallv Left Blank I
Page 10 of12
Exhibit A
Idaho
9.25 LooD Mux Combination (LMCI
9.25.1 LOOD Mux 2-Wire Analoa
9.25.1.1 LMC 2.Wire Installation
9.25.1.1.1 I First $225.67 1
9.25.1.1.2 lEach Additional $148.96 1
9.25.1.2 2-Wire Analoa Loon (se raes inm 9.2.1.11
9.25.1.2.1 IZone 1 !l15.65 15
9.25.1.2.2 Zone 2 $23.76 15
9.25.1.2.3 IZone3 $40.50 15
9.25.2 LooD Mux 4-Wire Analoa
9.25.2.1 LMC 4-Wire Instllation
9.25.2.1.1 IFirs -$225.67 1
9.25.2.1.2 Each Additional !l148.96 1
9.25.2.2 4-Wire Analoa LooD (see raes fin 9.2.1.3)
9.25.2.2.1 Zone 1 !l30.70 15
9.25.2.2.2 IZone2 --46.63 15
9.25.2.2.3 IZone3 !l79.47 15
9.25.3 LooDMux DS1
9.25.3.1 LMC DS1 LooD Insllation
9.25.3.1.1 IFirs !l285.08 1
9.25.3.1.2 i Each Additional $209.98 1
9.25.3.2 DS1 Canable Loon (see rates in 9.2.3.3)
9.25.3.2.1 IZone 1 S86.8 15
9.25.3.2.2 IZone2 !I6.46 15
9.25.3.2.3 IZone3 $99.96 15
9.25.4 Private Line / SDecial Accss to LMC Conversion (as is)$34.50 B
9.25.5 DSO Channel Perfnnance
9.25.5.1 Intentionallv Left Blank
9.25.5.2 IDS1 / DSO Low Side Channelization !l7.47 B
9.25.6 LMC Rearrnaement
9.25.6.1 IDSO "130.83 12
9.25.6.2 I H iah CaDacitv $148.50 12
10.0lAncllarv Services.10.1 Local Number Portbllitv
10.1.1 LNPQueries SeéFCC See FCC
Tariff #1 Tariff #1
Section 13 &Secton 13 &
20 20
10.1.2 LNPMana ed Cuts
10.1.2.1 Standard Manaaed Cut Der Persn, Der Half Hour $26.57 B
10.1.2.2 Overtime Manaaed Cuts Der Person Der Half Hour !l34.38 B
10.1.2.3 Premium Manaaed Cuts oar Persn, Der Half Hour !l2.21 B
i 10.21911/ E911
I 10.2.1 1911/ E911 - Callna NoChame NoCharae
10.3 White Pa es Directorv Listinas Facilitv Based Providers
10.3.1 Primary Listina NoChame NoCharoe
10.3.2 Premium / Privacy Listings General General
Exchange Exchange
Tari Rate, Tariff Rate,
Less Less
Wholesale Wholesale
Discunt Discount
10.4 Direon Assistance Faciltv Based Providers
10.4.1 Local Directorv Assistnce. Der Call $ò.34 2
10.4.2 National Directorv Assistance. oer Call !l0.34 2
10.4.3 Intentionallv Left Blank
10.4.4 Intentionallv Left Blank
10.4.5 Call Comnletion. ner Call $0.04 2
10.5 Directo", Assistance List Information
10.5.1 Initial Database Load. Der Listina !l0.025 B
10.5.2 Reload of Database. oer Listna $0.020 B
10.5.3 Dailv UDdates, oar Listina $ò.25 B
10.5.4 One-Time Set-UD Fee !l73.29 B
10.5.5 Media Charoes for File DeliveN
10.5.5.1 I Elecnic Transmission !l0.0020 B
10.6 Toll and Assistance ODerator Servces Faciltv Based Providers.10.6.1 ODerator Assistanc, oar Call ~50 2
10.6.2 Busv Line Verifv. Der Call !l0.72 2
10.6.3 Busv Linelnterrnt -$0.87 2
I 10.6.4 Call Brandina. Set-UD & Recordina -$10500.00 2
10.6.5 Loadina Brand. ner Switch !IOO.OO 2
Page 11 of12
Exhibit A
Idaho
10.7.1 Pole Inauirv Fee. oer Inauirv $341.63
10.7.2 Innerduct lnauirv Fee. oer Inouirv $233.51 1
10.7.3 ROW Inauirv Fee. oer Inauirv $378.87 1
10.7.4 ROW Document Preoaration Fee 9122.91 1
10.7.5 Field Verification Fee nAr Pole 20.48 1
10.7.6 Field Verification Fee. oer Manhole 9190.89 1
10.7.7 Planner Verification oer Manhole $16.2 1
10.7.8 Manhole Verification Insoeor, oer Manhole 92.18 1
10.7.9 Manhole Make-Readv Insoector. oer Manhole 9245.82 1
10.7.10 Transfer of Resoonsibiltv 106.86 1
10.7.11 Pole Attchment Fee. oar Foot. oer Year !r2.77 B 4
10.7.12 Innerduc
10.7.12.1 IMicroductOccuoancvFee. oerMicroduct. oerFoot. oerYear !r0.1861 12
10.7.12.2 Innerduct Occuoanc Fee oer Foot. nAr Year !r0.31 B 4
10.7.13 Access Aoreement Consideration $10.00 B
10.7.14 Make Readv ICB 3
12.010oeratlonal SUDDort Svstems
I 12.1 I Develooment and Enhancements, oer Order $5.00 B
I 12.210niioinli Maintenance. oer Order $1.40 B
I 12.31Dally Usaiie Record File, oer Recrd $0.000419 B
I 12.4lTrouble Isolation Charae See 9.20
17.0180na Fide Reauest Process
I 17.1lProcesslna Fee $1,851.86 B
I I I i
NOTES:.Unless otherwise indicated all rates are oursuant to Idaho Public Uti lites Commission Docket:
A AT&T Arbitration Docket USW-T-96-15 Order No 27738, effctive Seotember 17 1998
B Cost Docket QWE-T-oi-ii Order No. 2948 Januarv 5,2004 rates efctve Januarv 5,2004.
#Voluntrv Rate Reducion Docket USW- T -00-3 efctve 6/10/02. Reducons refleced in the 5/24102 Exhibit A..##Second Voluntrv Rate Reduction Docket USW- T -0-3 effctve 61/02. Reducions reflecd in the 7/10/02 Exhibit A.
##Third Voluntrv Rate Reduction Docket USW- T -00-3 effecive 12116/02 Reductions refleced in the 10/16/02 Exhibit A.
1 TELRIC rates proposed in Cost Docket QWE-l-oi-ii testimony filed on November 12,2003. The case was bifurcated and the raes using this fonote are
proposed in Phase 2 of the cost docket.
2 Market-based rates.
3 ICB, Individual Case Basis oricino.
4 The State of Idaho .has reained the oversiaht on these rates. These rates are not under th 'urisdiction of the FCC.
5 FCC ordered rates pursuant to the FCCDS Order on Remand and Report and Order (Intercarrer Compensation for ISP-Bound Traffc) CC Docket 01.131 (FCC ISP
Order), effive June 14, 2001.
6 Effctive August 1, 2003, Qwest wil no longer bil the recurrng and nonrecurrng charges for Channel Regeneration. Owest reserves the right to revert back to the
contracutl rate only after appropriate notice is given.
7 The preliminary Quote Preparation Fees (QPF) are included in the space constructon charges. Upon completion of the collocation constcton, the QPF wil be
credited to the final space construion charge for the virtual, caged or cageless collocation job. These engineering and planning charges are also included in th
Virtual, Caged and Cageless Quote Preparation Fees.
8 Intentionallv Left Blank
9 Owest is voluntrilv reucino this rae in order to keeo rate relationshin with th Fiber Transoort "oer Pair" rae element.
10 Qwest has not imolemented this UNE rate or chara in its billina svstem but reservs the riaht to assss such a chame in the fuure.
11 Market-based prices, All charges and increment shall be the same as th comparable charges and increment provided in Qwest FCC, Retil Tariff, Catalogs, or
Price Lists.
12 Rates not addresse in Cost Docket (estmated TELRIC\
13 The provision of trnsiting services is no reuired pursuant to Secon 251 of th Telecommunications Act. Owes has chosen to offer this service as part of it
interconnecion agrement, but this servce is not reuire to be priced according to a TELRIC meology.
14 Rae was ordere for a similar element and is beina use beuse th co for this element are th same.
15 Rate was oreviouslv ordered for this element in a different secton of Exhibit A.
ltã Owest Element Added or Rate Chancd oer Amendment
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Page 12 of12
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Qwest:
Spirit of S,rvic8
Service Performance Indicator Definitions (PID).
14-State 271 PIC Version 9.0
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QWEST'S SERVICE PERFORMANCE INDICATOR DEFINITIONS (PID)
14-State 271 PID Version 9.0
Introduction
Qwest wil report performance results for the service performance indicators defined herein. Qwest will report
separate performance results associated with the services it provides to Competitive Local Exchange Carriers
(CLECs) in aggregate (except as noted herein), to CLECs individually and, as applicable, to Qwests retail
customers in aggregate. Within these categories, performance results related to service provisioning and
repair wil be reported for the products listed in each definition. Reports for CLECs individually will be subject
to agreements of confidentiality and/or nondisclosure.
The definitions in this version of the PID apply in the 14 states of Qwests local service region: Arizona,
Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota,
Utah, Washington and Wyoming. Individual state Performance Assurance Plans may specify and apply state
specific variations from the Performance Measure definitions and/or standards contained herein.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Pagei
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Qwests Service Penormance Indicator Definitions
Table of Contents
ELECTRONIC GATEWAY AVAILABILITY...........................................................................1
GA-1 - Gateway Availabilty -IMA-GUI.............................................................................. 1
GA-2 - Gateway Availability - IMA-EDI..............................................................................2
GA-3 - Gateway Availabilty - EB- TA ................................................................................. 3
GA-4 - System Availabilty - EXACT ..................................................................................4
GA-6 - Gateway Availabilty - GUI -- Repair ......................................................................5
GA-7 - Timely Outage Resolution following Softare Releases........................................ 6
PRE-ORDER/ORDER ............................................................................................................ 7
PO-1 - Pre-Order/Order Response Times..........................................................................7
PO-2 - Electronic Flow-through........................................................................................ 10
PO-3 - LSR Rejection Notice Interval...............................................................................12
PO-4 - LSRs Rejected......................................................................................................13
PO-5 - Firm Order Confirmations (FOCs) On Time..........................................................14
PO-6 - Work Completion Notification Timeliness .................~........................................... 17
PO-7 - Billng Completion Notification Timeliness............................................................ 18
PO-8 - Jeopardy Notice Interval. ............... ................... .................... .......... ................ ......20
PO-9 - Timely Jeopardy Notices ... ............. ..... ..... ............................ .......................... ......21
PO-15 - Number of Due Date Changes per Order ...........................................................22
PO-16 - Timely Release Notifications........................................................................... 23
PO-19 - Stand-Alone Test Environment (SATE) Accuracy ..............................................25
PO-20 (Expanded) - Manual Service Order Accuracy........... .......... ........ ...... .............. .....28
ORDERING AND PROVISIONING .....................................................................................34
OP-2 - Calls Answered within Twenty Seconds - Interconnect Provisioning Center .......34
OP-3 - Installation Commitments Met.... .................... ...... ........... ........................... ..........35
OP-4 -Installation Interval................................................................................................38
OP-5 - New Service Quality............................................................................................. 41
OP-6 - Delayed Days....................................................................................................... 46
OP-7 - Coordinated "Hot Cut" Interval - Unbundled Loop............. ... .................... .... .... ....49
OP-8 - Number Portabilty Timeliness.............................................................................. 50
OP-13 - Coordinated Cuts On Time - Unbundled Loop................................................... 51
OP-15 - Interval for Pending Orders Delayed Past Due Date ........,.................................53
OP-17 - Timeliness of Disconnects associated with LNP Orders..................................... 56
MAINTENANCE AND REPAIR ...........................................................................................58
MR-2 - Calls Answered within 20 Seconds - Interconnect Repair Center ............ ..... ......58
MR-3 - Out of Service Cleared within 24 Hours.................................... ............. .... .... ......59
MR-4 - All Troubles Cleared within 48 hours........................................... ............... .... ......61
MR-5 - All Troubles Cleared within 4 hours..................................... ....................... .... ...... 63
MR-6 - Mean Time to Restore..........................................................................................65
MR-7 - Repair Repeat Report Rate..................................................................................68
MR-8 - Trouble Rate ................................ ....................................... ............. .................... 71
MR-9 - Repair Appointments Met..................................................................................... 74
MR-10 - Customer and Non-Qwest Related Trouble Reports.......................................... 75
MR-11 - LNP Trouble Reports Cleared within Specified Timeframes ........ ..................... 77
BilliNG ....................................................................................,......................................-.... '79
BI-1 - Time to Provide Recorded Usage Records ............................................................ 79
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Pageii
Table of Contents (continued)
BI-2 - Invoices Delivered within 10 Days ................ ........ ... ........... ............ ...... ......... .... ..... 80
BI-3 - Biling Accuracy - Adjustments for Errrs ..............................................................81 .
BI-4 - Biling Completeness............... ..... ... .... .... ... .... ..... ............ ............ ..... ......... ....... ......82
DATABASE UPDATES........................................................................................................83
DB-1 - Time to Update Databases ...................................................................................83
DB-2 - Accurate Database Updates................................................................................. 85
DIRECTORY ASSISTANCE ................................................................................................86
DA-1 - Speed of Answer - Directory Assistance.............................................................. 86
OPERATOR SERVICES .....................................................................................................87
OS-1 - Speed of Answer- Operator Services .................................................................87
NETWORK PERFORMANCE .............................................................................................88
NI-1 - Trunk Blocking .......................................................................................................88
NP-1 - NXX Code Activation ..... .... ... ........ .... ... ........ ................. ...... ..... ........... ....... .... .......90
COLLOCATION ....................................................................................................................92
CP-1 - Collocation Completion Interval.. ..... ... ....... ...... ... ............ ..... ....... ..... ... ......... .........92
CP-2 - Collocations Completed within Scheduled Intervals............................................. 95
CP-3 - Collocation Feasibilty Study Interval............................ ........... .............. ........ ... ....98
CP-4 - Collocation Feasibilty Study Commitments Met................................................... 99
DEFINITION OF TERMS ...................................................................................................100
GLOSSARY OF ACRONYMS ........................................................................................... 104
APPENDIX A................................................................................................ii.....................106
Feature Detail.................................................................................................................106 .
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Qwest Idaho SGATThird Revision, Eighth Amended Exhibit B June 26,2007 Page iii
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Electronic Gateway Availabilty
GA-1 - Gateway Availabilty - IMA-GUI
Purpose:
Evaluates the quality of CLEC access to the IMA-GUI electronic gateway and one associated system,
focusing on the extent they are actually available to CLECs.
Description:
GA,;1A: Measures the availability of the IMA-GUI (Interconnect Mediated Access- Graphical User
Interface), and reports the percentage of Scheduled Availabilty Time the IMA-GUI interface is
available for view and/or input..Scheduled Up Time hours for preorder, order, and provisioning transactions are based on the
currently published hours of availability found on the following website:
http://ww.qwest.com/wholesale/cmp/ossHours.html.
GA-1 D: Measures the availabilty of the SIA system, which faciltates access for the IMA-GUI interface
and the IMA-EDI interface (see GA-2), and reports the percentage of scheduled time the SIA
system is available. Scheduled availabilty times wil be no less than the same hours as listed for
IMA-GUI and IMA-EDI..Time Gateway is Available to CLECs is equal to Scheduled Availability Time minus Outage Time..Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the interface is not available due to
maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance
and/or upgrade work wil be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or
component (Le., IMA-GUI, SIA), affecting Owests abilty to serve its customers. An outage is
determined by Owest technicians through the use of verifiable data, collected from the affected
customer(s) and/or from mechanized event management systems.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Region-wide leveL.
results Results wil be reported as follows:
GA-1A IMA Graphical User Interface Gateway
GA-1D SIA system
Formula:
((Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period) + (Number of
Hours and Minutes of Scheduled Availability Time During Reporting Period)) x 100
Exclusions: None
Product Reporting: None Standard:99.25 percent
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Availabilty:Notes:
Available
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 1
GA-2 - Gateway Availabilty - IMA-EDI
Purpose:
Evaluates the quality of CLEC access to the IMA-EDI electronic gateway, focusing on the extent the
gateway is actually available to CLECs.
Description:
Measures the availabilty of IMA-EDI (Interconnect Mediated Accss - Electronic Data Interchange)
interface and reports the percentage of scheduled availabilty time the IMA-EDI Interface is available
for view and/or input. All times during which the interface is scheduled to be operating during the
reporting period are measured..Scheduled Up Time hours for IMA-EDI based on the currently published hours of availability found
on the following website: http://ww.qwest.com/wholesale/cmp/ossHours.html. Time Gateway is
Available to CLECs is equal to Scheduled Availabilty Time minus Outage Time..Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the interface is not available due
to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine
maintenance and/or upgrade work wil be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or
component (Le., IMA-EDI), affecting Owests abilty to serve its customers. An outage is
determined by Owest technicians through the use of verifiable data, collected from the affected
customer(s) and/or from mechanized event management systems.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC Disaggregation Reporting: Region-wide leveL.
aaareaate results (See GA-1D for reoortina of SIA svstem availabiltv.)
Formula:
((Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period) + (Number
of Hours and Minutes of Scheduled Availability Time During Reporting Period) ) x 100
Exclusions: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:
Available
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 2
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. GA-3 - Gateway Availabilty- EB-TA
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Purpose:
Evaluates the quality of CLEC access to the EB- T A interface, focusing on the extent the gateway is
actually available to CLECs.
Description:
Measures the availability of EB-TA (Electronic Bonding - Trouble Administration) interface and reports
the percentage of scheduled availabilty time the EB-TA Interface is available..Scheduled Up Time hours are based on the currently published hours of availability found on the
following website: http://ww.qwest.com/wholesale/cmp/ossHours.html..Time Gateway is Available to CLECs is equal to Scheduled Availability Time minus Outage Time..Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the interface is not available due
to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine
maintenance and/or upgrade work wil be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or
component (Le., EB-TA), affecting Qwests abilty to serve its customers. An outage is determined
by Qwest technicians through the use of verifiable data, collected from the affected customer(s)
and/or from mechanized event management systems.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate results Disaggregation Reporting: Region-wide leveL.
Formula:
((Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period) + (Number
of Hours and Minutes of Scheduled Availabilty During Reporting Period)) x 100
Exclusions: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 3
GA.4 - System Availabilty - EXACT
Purpose:
Evaluates the quality of CLEC batch access to the EXACT electronic access service request system,
focusinQ on the extent the system is actuallv available to CLECs.
Description:
Measures the availabilty of EXACT system and reports the percentage of scheduled availability time
the EXACT system is available..Scheduled Up Time hours are based on the currently published hours of availability found on the
following website: http://ww.gwest.com/wholesale/cmp/ossHours.html..Time System is Available to CLECs is equal to Scheduled Availability Time minus Outage Time..Scheduled Availabilty Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the system is not available due to
maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance
and/or upgrade work will be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or
component (Le., EXACT), affecting Qwests abilty to serve its customers. An outage is
determined by Qwest technicians through the use of verifable data, collected from the affected
customer(s) and/or from mechanized event manaaement systems.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate results Disaggregation Reporting: Region-wide leveL.
Formula:
((Number of Hours and Minutes EXACT is Available to CLECs During Reporting Period) + (Number of
Hours and Minutes of Scheduled Availabilty During Reporting Period)) x 100
Exclusions: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 4
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GA.6 - Gateway Availabilty - GUI - Repair
Purpose:
Evaluates the quality of CLEC access to the GUI Repair electronic gateway, focusing on the extent the
gateway is actually available to CLECs.
Description:
Measures the availability of the GUI (Graphical User Interface) repair electronic interface and reports
the percentage of scheduled availabilty time the interface is available for view and/or input. All times
during which the interface is scheduled to be operating during the reporting period are measured..Scheduled Up Time" hours are based on the currently published hours of availabilty found on the
following website: http://ww.qwest.com/wholesale/cmp/ossHours.html..Time Gateway is Available to CLECs is equal to Scheduled Availability Time minus Outage Time..Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the interface is not available due
to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine
maintenance and/or upgrade work will be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or
component (Le., GUI-Repair), affecting Qwests abiliy to serve its customers. An outage is
determined by Qwest technicians through the use of verifiable data, collected from the affected
customer(s) and/or from mechanized event management systems.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC Disaggregation Reporting: Region-wide leveL.
aggregate results
Formula:
(Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period + Number of
Hours and Minutes of Scheduled Availabilty Time During Reporting Period) x 100
Exclusions: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 PageS
GA.7 - Timely Outage Resolution following Softare Releases
Purpose:
Measures the timeliness of resolution of gateway or system outages attributable to sofare releases for
specified OSS interfaces, focusing on CLEC-affecting softare releases involving the specified gateways
or systems.
Description:
. Measures the percentage of gateway or system outages, which are attributable to OSS system
softare releases and which occur within two weeks after the implementation of the OSS system
softare releases, that are resolved NOTE 1 within 48 hours of detection by the Owest monitoring group
or reporting by a CLEC/co-provider.
. Includes softare releases associated with the following OSS interfaces in Owest: IMA-GUI, IMA-
EDI, and CEMR, Exchan~e Access, Control, & Tracking (EXACT)NOTE 2, Electronic Bonding- Trouble
Administration (EB -TA) aTE 3
. An outage for this measurement is a critical or serious loss of functionality, attributable to the
specified gateway or component, affecting Owest's ability to serve its customers or data loss NOTE 4 on
the Owest side of the interface. An outage is determined by Owest technicians through the use of
verifiable data, collected from the affected customer(s) and/or from mechanized event management
systems.
. The outage resolution time interval considered in this measurement starts at the time Owest's
monitoring group detects a failure, or at the date/time of the first transaction sent to Owest that cannot
be processed (Le. lost data), and ends with the time functionality is restored or the lost data is
recovered.
Reporting Period: Monthly
Reporting Comparisons: CLEC Aggregate
Unit of Measure: Percent
Disaggregation Reporting: Region-wide leveL.
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Formula: .
((Total outages detected within two weeks of a Softare Release that are resolved within 48 hours of the
time Owest detects the outage) + (Total number of outages detected within two weeks of Softare
Releases resolved in the Reporting Period)) x 100
Exclusions:
. Outages in releases prior to any CLEC migrating to the release.
. Duplicate reports attributable to the same softare defect.
.
Product Reporting: None Standards:
Volume = 1-20: 1 miss
Volume :- 20: 95%
Availabilty:Notes:
1. "Resolved" means that service is restored to the reporting CLEC, as
experienced by the CLEC.
2. EXCT is a Telecordia system. Only releases for changes initiated by
Owest for hardware or connectivity will be included in this measurement.
3. Outages reported under EB-TA are the same as outages in MEDIACC.
4. For data loss to be considered for GA-7, a functional acknowledgement
must have been provided for the data in question (e.g., EDI 997, LSR 10
or trouble ticket number).
Available
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 6
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Pre-Order/Order
PO-1 - Pre-Order/Order Response Times
Purpose:
Evaluates the timeliness of responses to specific preordering/ordering queries for CLECs through the use of
Qwests Operational Support Systems (055). Qwests 055 are accessed through the specified gateway
interface.
Description:
PO-1A & PO-1B:
Measures the time interval between query and response for specified pre-order/order transactions through the
electronic interface.
. Measurements are made using a system that simulates the transactions of requesting pre-
ordering/ordering information from the underlying existing 055. These simulated transactions are made
through the operational production interfaces and existing systems in a manner that reflects, in a
statistically-valid manner, the transaction response times experienced by CLEC service representatives in
the reporting period.
. The time interval between query and response consists of the period from the time the transaction request
was "sent" to the time it is "received" via the gateway interface.
· A query is an individual request for the specified type of information.
PO-1C:
. Measures the percentage of all IRTM Queries measured by PO-1A & 1B transmitted in the reporting
period that timeout before receiving a response.
PO-1D:
. Measures the average response time for a sampling of rejected queries across preorder transaction types.
The response time measured is the time between the issuance of a pre-ordering transaction and the
receipt of an error message associated with a "rejected query." A rejected query is a transaction that
cannot be successfully processed due to the provision of incomplete or invalid information by the sender,
which results in an error messaQe back to the sender. NOTE 1Reporting Period: One month Unit of Measure:
PO-1A, PO-1 B, & PO-1 0: Seconds
PO-1 C: Percent
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 7
PO-1- Pre-Order/Order Response Times (continued)
Reporting
Comparisons:
CLEC aggregate.
Disaggregation Reporting: Region-wide leveL. Results are reported as follows:
PO-1A Pre-Order/Order Response Time for IMA-GUI
PO-1 B Pre-Order/Order Response Time for IMA-EDI
Results are reported separately for each of the following transaction types: NOTE 2
1. Appointment Scheduling (Due Date Reservation, where appointment is required)
2. Service Availabilty Information
3. Facility Availabilty
4. Street Address Validation
5. Customer Service Records
6. Telephone Number
7. Loop Qualification Tools NOTE 3
8. Left intentionally blank to preserve numbering
9. Connecting Facilty Assignment NOTE 4
10. Meet Point Inquiry NOTE
5
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For PO-1A (transactions via IMA-GUI), in addition to reporting total response time,
response times for each of the above transactions wil be reported in two parts: (a) time
to access the request screen, and (b) time to receive the response for the specified
transaction. For PO-1A 6, Telephone Number, a third part (c) accept screen, wil be
reported.
For PO-1 B (transactions via IMA-EDI), requesUresponse will be reported as a combined
number.
PO-1C Results for PO-1C wil be reported accrding to the gateway interface used:
1. Percent of Preorder Transactions that Timeout IMA-GUI
2. Percent of Preorder Transactions that Timeout IMA-EDI
PO-1 D Results for PO-1 D will be reported according to the gateway interface used:1. Rejected Response Times for IMA-GUI .
2. Reiected ResDonse Times for IMA-EDI
Formula:
PO-1A & PO-1B = 1:((Query Response Date & Time) - (Query Submission Date & Time)) + (Number of
Queries Submitted in Reporting Period)
- PO-1C
PO-1D
= ((Number of IRTM Queries measured by PO-1A & 1 B that Timeout before receiving
response) + (Number of IRTM Queries Transmitted in Reporting Period)) x 100
= 1:((Rejected Query Response Date & Time) - (Query Submission Date & Time)) +
(Number of Rejected Query Transactions Simulated by IRTM)
Exclusions:
PO-1A & PO-1B:
. Rejected requests/errors, and timed out transactions
PO-1C:
. Rejected requests and errors
PO-1D:
. Timed out transactions
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 8
PO-1 - Pre-Order/Order Response Times (continued)
Product Reporting: None Standards:IMA-GUI IMA-EDI
Total Response Time:.1.Appointment Scheduling -:10 seconds -:10 seconds
2.Service Availability -:25 seconds -:25 seconds
Information
3.Facility Availabilty -:25 seconds6 -:25 seconds6
4.Street Address Validation -:10 seconds -:10 seconds
5.Customer Service Records -:12.5 seconds6 -:12.5 seconds6
6.Telephone Number -:10 seconds -:10 seconds
7.L00iR Qualification Tools :s 20 seconds7 :s 20 secondsNOT 3
8.Left intentionally blank to
preserve numbering
9.Connecting Facilty :s 25 seconds :s 25 seconds
Assignment
10. Meet Point Inquiry :s 30 seconds :s 30 seconds
PO-1C-1
PO-1C-2
PO-1D-1 & 2
Notes:
1. Rejected query types used in PO-1 D are those developed for internal
Qwest diagnostic purposes.
2. As additional transactions, currently done manually, are mechanized,
they wil be measured and added to or included in the above list of
transactions, as applicable.
3. Results based on a weighted combination of ADSL Loop Qualification
and Raw Loop Data TooL.
4. Results based on Connecting Facilty Assignment by Unit Query.
5. Results based on meet Point Query, POTS Splitter option for Shared
loops.
6. Times reflect non-complex services, including residential, simple
business, or POTS account. Does not include ADSL or accounts::25
lines.
7. Benchmark applies to response time only. Request time and Total
time will also bereported.
0.5%
0.5%
Diagnostic
Availabilty:
Available
.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 9
PO-2 - Electronic Flow-through
Purpose:
Monitors the extent Owests processing of CLEC Local Service Requests (LSRs) is completely
electronic, focusing on the degree that electronically-transmitted LSRs flow directly to the service
order processor without human intervention or without manual retvoina.
Description:
PO-2A - Measures the percentage of all electronic LSRs that flow from the specified electronic
gateway interface to the Service Order Procssor (SOP) without any human intervention.
. Includes all LSRs that are submitted eleconically through the specified interface during the
reporting period, subject to exclusions specified below.
PO-2B - Measures the percentage of all f1ow-through-eligible LSRs NOTE 1 that flow from the specified
electronic gateway interface to the SOP without any human intervention.
. Includes all flow-through-eligible LSRs that are submitted electronically through the specified
interface durina the reoortina oeriod, subject to exclusions soecified below.
Reporting Period: One month I Unit of Measure: Percent
Reporting Comparisons: CLEC Disaggregation Reporting: Statewide level (per multi-
aggregate, individual CLEC state system serving the state).
Results for PO-2A and PO-2B wil be reported
according to the gateway interface* used to submit the
LSR:
1 LSRs received via IMA-GUI
2 LSRs received via IMA-EDI
.
*CO also reports an aggregate of IMA-GUI and IMA-EDI
results.
Formula:
PO-2A = ((Number of Electronic LSRs that pass from the Gateway Interface to the SOP without
human intervention) + (Total Number of Electronic LSRs that pass through the Gateway
Interface)) x 100
.
PO-2B = ((Number of f1ow-through-eligible Electronic LSRs that actually pass from the Gateway
Interface to the SOP without human intervention) + (Number of f1ow-through-eligible
Electronic LSRs received through the Gateway Interface)) x 100
Exclusions:
. Rejected LSRs and LSRs containing CLEC-caused non-fatal errors.
. Non-electronic LSRs (e.g., via fax or courier).
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the PID.
. Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.)
. Invalid startstop dates/times.
.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 10
.
.
.
PO-2 - Electronic Flow-through (continued)
Product Reporting:Standards:.Resale PO.2A:.Unbundled Loops (with or Diagnostic
without Local Number
Portabilty)PO.2B:
.Local Number Portability.UNE-P (POTS) and UNE-P Resale:95%
(Centrex 21)Unbundled Loops:85%.Line Sharing LNP:95%
UNE-P (POTS & Centrex 21):95%
Line Sharing:Diagnostic iw I i: L
Availabilty:Notes:
Available 1.The list of LSR types classified as eligible for flow through is contained in
the "LSRs Eligible for Flow Through" matrix. This matrix also includes
availabilty for enhancements to flow through. Matrix wil be distributed
through the CMP process.
2.The standard and future disaggregated reporting of the Line Sharing
product is TBD, pending resolution of TRO issues.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 11
PO.3 - LSR Rejection Notice Interval .Purpose:
Monitors the timeliness with which Qwest notifies CLECs that electronic and manual LSRs were
reiected.
Description:
Measures the interval between the receipt of a Local Service Request (LSR) and the rejection of the
LSR for standard categories of errors/reasons.
. Includes all LSRs submitted through the specifed interface that are rejected during the reporting
period.
. Standard reasons for rejections are: missinglincomplete/mismatchinglunintellgible information,
duplicate request or LSRlPON (purchase order number), no separate LSR for each account
telephone number affected, no valid contract, no valid end user verification, accunt not working in
Qwest territory, service-affecting order pending, request is outside established parameters for
service, and lack of CLEC response to Qwest question for clarification about the LSR.
. Included in the interval is time required for efforts by Qwest to work with the CLEC to avoid the
necessity of rejecting the LSR.
. With hours: minutes reporting, hours counted are (1) business hours for manual rejects (involving
human intervention) and (2) published Gateway Availabilty hours for auto-rejects (involving no
human intervention). Business hours are defined as time during normal business hours of the
Wholesale Delivery Service Centers, except for PO-3C in which hours counted are workweek
clock hours. Gateway Availabilty hours are based on the currently published hours of availability
found on the followina website: htto:/Iww.awest.com/wholesale/cmp/ossHours.html.Reporting Period: One month Unit of Measure:
PO-3A-1, PO-3B-1 & PO-3C - Hrs: Mins.
PO-3A-2 & PO-3B-2 - Mins: Secs.
Disaggregation Reporting:
Results for this indicator are reported according to the gateway interface
used to submit the LSR:
. PO-3A-1, LSRs received via IMA-GUI and rejected manually:
Statewide
. PO-3A -2, LSRs received via IMA-GUI and auto-rejected: Region
wide
. PO-3B-1, LSRs received via IMA-EDI and rejected manually:
Statewide
. PO-3B -2, LSRs received via IMA-EDI and auto-rejected: Region
wide
. PO-3C, LSRs received via facsimile: Statewide
Reporting Comparisons:
CLEC aggregate and
individual CLEC results .
Formula:
i: ((Date and time of Rejection Notice transmittal) - (Date and time of LSR receipt)) + (Total number of
LSR Rejection Notifications)
Exclusions:
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the PID.
. Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.)
. Invalid starUstoo dates/times.
Product Reporting: Not applicable (reported by
ordering interface).
Standards:
. PO-3A-1 and -3B-1: ~ 12 business hours
. PO-3A -2 and -3B -2: ~ 18 seconds
. PO-3C: ~ 24 work week clock
hours
Availabilty:Notes:.Available
Qwestldaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 12
.
.
.
PO-4 - LSRs Rejected
Purpose:
Monitors the extent LSRs are rejected as a percentage of all LSRs to provide information to help
address potential issues that might be raised by the indicator of LSR rejection notice intervals.
Description:
Measures the percentage of LSRs rejected (returned to the CLEC) for standard categories of
errors/reasons.
. Includes all LSRs submitted through the specified interface that are rejected or FOC'd during the
reporting period.
. Standard reasons for rejections are: missing/incomplete/mismatching/unintellgible information;
duplicate request or LSRlPON (purchase order number); no separate LSR for each account
telephone number affected; no valid contract; no valid end user verification; account not working in
Qwest territory; service-affecting order pending; request is outside established parameters for
service; and lack of CLEC response to Qwest uestion for clarification about the LSR.
Reporting Period: One month Unit of Measure: Percent of LSRs
Reporting Comparisons: CLEC aggregate and
individual CLEC results
Disaggregation Reporting:
Results for this indicator are reported according to
the gateway interface used to submit the LSR:
PO-4A-1 LSRs received via IMA-GUI and
rejected manually - Region wide
PO-4A -2 LSRs received via IMA-GUI and
auto-rejected - Region wide
P0-4B-1 LSRs received via IMA-EDI and
rejected manually - Region wide
PO-4B -2 LSRs received via IMA-EDI and
auto-rejected - Region wide
PO-4C LSRs received via facsimile-
Statewide
Formula:
((Total number of LSRs rejected via the specified method in the reporting period) + (Total of all LSRs
that are received via the specified interface that were rejected or FOC'd in the reporting period)) x 100
Exclusions:
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the PID.
. Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to
disallow duplicate LSR #'s.)
. Invalid startstop dates/times.
Product Reporting: Not applicable (reported by Standard: Diagnostic
ordering interface).Availabilty: Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 13
PO.5 - Firm Order Confirmations (FOCs) On Time
Purpose:
Monitors the timeliness with which Qwest returns Firm Order Confirmations (FOCs) to CLECs in
response to LSRs/ASRs received from CLECs, focusing on the degree to which FOCs are provided
within soecified intervals.
Description:
Measures the percentage of Firm Order Confirmations (FOCs) that are provided to CLECs within the
intervals specified under "Standards. below for FOC notifcations.
. Includes all LSRs/ASRs that are submitted through the specifed interface or in the specified
manner (Le., facsimile) that receive an FOC during the reporting period, subject to exclusions
specified below. (Acknowledgments sent separately from an FOC (e.g., EOI 997 transactions are
not included.)
. For PO-5A, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwest' response with a FOC notification (notification date and time).
. For PO-5B, 5C, and 50, the interval measured is the period between the application date and time,
as defined herein, and Qwests response with a FOC notifcation (notification date and time).
. "Fully electronic. LSRs are those (1) that are received via IMA-GUI or IMA-EOI, (2) that involve no
manual intervention, and (3) for which FOCs are provided mechanically to the CLEC. NOTE 2
. "Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EOI and involve manual
processing.
. "Manual" LSRs are received manually (via facsimile) and processed manually.
. ASRs are measured only in business days.
. LSRs wil be evaluated according to the FOC interval categories shown in the .Standards" section
below, based on the number of lines/services requested on the LSR or, where multiple LSRs from
the same CLEC are related, based on the combined number of lines/services requested on the
related LSRs.
Reporting Period: One month I Unit of Measure: Percent
Reporting Disaggregation Reporting: Statewide level (per multi-state system
Comparisons: CLEC serving the state).
aggregate and individual Results for this indicator are reported as follows:
CLEC results . PO-5A:* FOCs provided for fully electronic LSRs received via:
- PO-5A-1 IMA-GUI
- PO-5A-2 IMA-EOI
. PO-5B:* FOCs provided for electronic/manual LSRs received via:
- PO-5B-1 IMA-GUI
- PO-5B-2 IMA-EOI
. PO-5C:* FOCs provided for manual LSRs received via Facsimile.
. PO-50: FOCs provided for ASRs requesting LIS Trunks.
* Each of the PO-5A, PO-5B and PO-5C measurements listed above
will be further disaggregated as follows:
- (a) FOCs provided for Resale services and UNE-P
- (b) FOCs provided for Unbundled Loops and specified
Unbundled Network Elements
- (c) FOCs orovided for LNP
Formula:
PO-5A = HCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR received
date/time (based on scheduled up time))" is within 20 minutes) + (Total Number of original
FOC Notifications transmitted for the service category in the reporting period)) x 100
.
.
PO-5B, 5C, & 50 = HCount of LSRs/ASRs for which the original FOC's "(FOC Notification Date & Time)
- (Application Date & Time)" is within the intervals specified for the service category involved) .
+ (Total Number of original FOC Notifcations transmitted for the service category in the
reoortina oeriodll x 100
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 14
.
.
.
PO.5 - Firm Order Confirmations (FOCs) On Time (continued)
Exclusions:.LSRs/ASRs involving individual case basis (ICB) handling based on quantities of lines, as specified
in the "Standards" section below, or service/request types, deemed to be projects..Hours on Weekends and holidays. (Except for PO-SA which only excludes hours outside the
scheduled up time)..LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.).Invalid startstop dates/times.
Additional PO-50 exclusion:.Records with invalid a iplication or confirmation dates.
Product Reporting:Standards:
.For PO-SA (all):95% within 20 minutes NUTE2
.For PO-SA, -5B and .For PO-5B (all):90% within standard FOC intervals
-5C:(specified below)
(a) Resale services .For PO-5C (manual):90% within standard FOC intervalsUNE-P (POTS)soecified below PLUS 24 hours NOTE 3and UNE-P Centrex .For PO-50 (LIS Trunks):85% within eight business days(b) Unbundled Loops
and specified Standard FOC Intervals for PO-58 and PO-5CUnbundled Network
Elements.Product Group NOTE 1 FOC Interval
(c) LNP Resale
For PO-50: LIS Residence and Business POTS 1-39 lines .ISDN-Basic 1-10 linesTrunks.Conversion As Is 24 hours--Adding/Changing features-Add primary directory listing to established loop-Add call appearance
Centrex Non-Design 1-19 lines
with no Common Block Configuration
Centrex line feature changes/adds/removals (all)
LNP 1-24 lines
Unbundled Loops 1-24 loops
2/4 Wire analog
DS3 CapableSub-loop 1-24 sub-loops
nncluded in Product Reoorting group (b)l
Line Sharing/Line SplittinglLoop Splitting
1-24 shared loops
(included in Product ReportinQ Qroup (b)l
Unbundled Network Element-Platorm (UNE-P POTS)
1 - 39 lines
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 15
PO-5 - Firm Order Confirmations (FOCs) On Time (continued)
1-10 lines
1-3
1-24 trunks
1-24
1-24
1-3
25-49 lines
.
48 hours
Resale
Centrex (including Centrex 21, Non-design,
Centrex 21 Basic ISDN, Centrex-Plus,
Centron, Centrex Primes) 1-10 lines
- With Common Block Configuration required
- Initial establishment of Centrex CMS services
- Tie lines or NARs activity
- Subsequent to initial Common Block
- Station lines
- Automatic Route Selection
- Uniform Call Distribution
- Additional numbersUNE-P Centrex 1-10 linesUNE-P Centrex 21 1-10 lines
Unbundled Loops with Facilty Check(NOTE
2. 3) 1 - 24 loops
2/4 wire Non-loaded
ADSL compatible
ISDN capable
XDSL-I capable
DS1 caoable
Resale
ISDN-PRI (Trunks)
ForPO-5D:
LIS Trunks
Notes:
1. LSRs with quantities above the highest number specified for
each product type are considered ICB.
2. Unbundled Loop with Facility Check can be processed
electonically; however, beause this category always carries a
72-hour FOC interval the FOC results for this product will
appear in PO-5B if recived electronically or PO-5C if received
manually.
3. Unbundled Loop with Facilty Check wil not add an additional
24 hours to the 72-hour interval if the LSR is submitted
manually.
.
Availabilty:
Available
1-12 trunks
1-240 trunk circuits
72 hours .
96 hours
8 business
days
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007
.
Page 16
.
.
.
PO.6 - Work Completion Notification Timeliness
Purpose:
To evaluate the timeliness of Owest issuing electronic notification at an LSR level to CLECs that
provisioning work on all service orders that comprise the CLEC LSR have been completed in the
Service Order Processor and the service is available to the customer.
Description:
PO-6A&68:.Includes all orders completed in the Owest Service Order Processor that generate completion
notifications in the reporting period, subject to exclusions shown below. .The start time is the date/time when the last of the service orders that comprise the CLEC LSR is
posted as completed in the Service Order Processor..The end time is when the electronic order completion notice is made available (IMA-GUI) NOTE 1 or
transmitted (IMA-EDI) to the CLEC via the ordering interface used to place the local service
request. The notification is transmitted at an LSR level when all service orders that comprise the
CLEC LSR are complete..With hours: minutes reporting, hours counted are during the published Gateway Availabilty hours.
Gateway Availability hours are based on the currently published hours of availabilty found on the
following website: http://ww.Qwest.com/wholesale/cmp/ossHours.html.
Reporting Period:
I Unit of Measure:One month PO-6A- 68:Hrs:Mins
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: CLEC
aggregate and individual .PO-6A Notices transmitted via IMA-GUI
CLEC results..PO-68 Notices transmitted via IMA-EDI
Formula:
For completion notifications generated from LSRs received via IMA-GUI:
P0-A = l:((Date and Time Completion Notification made available to CLEC) - (Date and Time the
last of the service orders that comprise the CLEC LSR is completed in the Service Order Processor)) +
(Number of completion notifications made available in reporting period)
For completion notifications generated from LSRs received via IMA-EDI:
P0-68 = l:((Date and Time Completion Notification transmitted to CLEC) - (Date and Time the last of
the service orders that comprise the CLEC LSR is completed in the Service Order Processor.)) +
(Number of completion notifications transmitted in reporting period)
Exclusions:
PO-6A&68:.Records with invalid completion dates..LSRs submitted manually (e.g., via facsimile)..ASRs submitted via EXACT.
Product Reporting:Standard:
PO - 6A & 68 Aggregate reporting for all products ordered through 6 hours
IMA-GUI and, separatelv, IMA-EDI (see disaggregation reportina).
Availabilty:Notes:
Available 1.The time a notice is "made available" via the IMA-GUI is the time Owest stores
a status update related to the completion notice in the IMA Status Updates
database. When this occurs, the notice can be immediately viewed by the
CLEC using the Status Updates window or by using the LSR Notice Inquiry
function.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit 8 June 26, 2007 Page 17
PO-7 - Biling Completion Notification Timeliness .Purpose:
To evaluate the timeliness with which electronic biling completion notifications are made available or
transmitted to CLECs, focusing on the percentage of notifications that are made available or
transmitted (for CLECs) or DOsted in the bilino system (for Owest retail) within five business davs.
Description:
PO-7A& 7B:
. This measurement includes all orders posted in the CRIS billng system for which billng completion
notices are made available or transmitted in the reporting period, subject to exclusions shown
below.
. Intervals used in this measurement are from the time a service order is completed in the SOP to
the time billing completion for the order is made available or transmitted to the CLEC.
- The time a notice is "made available" via the IMA-GUI consists of the time Owest stores the
completion notice in the IMA Status Updates database. When this occurs, the notice can be
immediately viewed by the CLEC using the Status Updates window.
- The time a notice is "transmitted" via IMA-EDI consists of the time Owest actually transmits the
completion notice via IMA-EDI. Applicable only to those CLECs who are certified and setup to
receive the notices via IMA-EDI.
. The start time is when the completion of the service order is posted in the Owest SOP. The end
time is when, confirming that the order has been posted in the CRIS billng system, the electronic
billing completion notice is made available to the CLEC via the same ordering interface (IMA-GUI
or IMA-EDI) as used to submit the LSR.
. Intervals counted in the numerator of these measurements are those that are five business days or
less.
PO-7C:
. This measurement includes all retail orders posted in the CRIS Biling system in the reporting
period, subject to exclusions shown below.
. Intervals used in this measurement are from the time an order is completed in the SOP to the time
it is posted in the CRIS billng system.
. The start time is when the completion of the order is posted in the SOP. The end time is when the
order is posted in the CRIS biling system.
. Intervals counted in the numerator of this measurement are those that are five business days or
less.
Reporting Period: One month
.
Reporting Comparisons:
PO-7A and -7B: CLEC
aggregate and individual CLEC
results.
PO-7C: Owest retail results.
Formula:
For wholesale service orders Owest generates for LSRs received via IMA:
PO-7A = (Number of electronic billing completion notices in the reporting period made available
within five business days of posting complete in the SOP) + (Total Number of electronic
biling completion notices made available during the reporting period)
(Number of electronic billng completion notices in the reporting period transmitted
within five business days of posting complete in the SOP) + (Total Number of electronic
billng completion notices transmitted during the reporting period)
I Unit of Measure: Percent
Disaggregation Reporting: Statewide leveL.
. PO-7A Notices made available via IMA-GUI
. PO-7B Notices transmitted via IMA-EDI
. PO-7C Biling system posting completions for Owest Retail
PO-7B =
For service orders Owest generates for retail customers (Le.. the retail analogue for PO-7A & -7B):
PO-7C = (Total number of retail service orders posted in the CRIS biling system in the reporting
period that were posted within 5 business days) + (Total number of retail service orders
Dosted in the CRIS bilino system in the reportino period).
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 18
.
.
.
PO.7 - Biling Completion Notification Timeliness (continued)
Exclusions:
PO-7A, 78 & 7C.Services that are not biled through CRIS, e.g. Resale Frame Relay..Records with invalid completion dates.
PO-7A& 78.LSRs submitted manually..ASRs submitted via EXACT.
Product Reporting:Standard:
Aggregate reporting for all products ordered through IMA-PO-7A and -78: Parity with PO-7C
GUI and, separately, IMA-EDI (see disaggregation
reporting).
Availabilty:Notes:
Available
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit 8 June 26,2007 Page 19
PO-8 - Jeopardy Notice Interval
Purpose:
Evaluates the timeliness of jeopardy notifications, focusing on how far in advance of original due dates
jeopardy notifications are provided to CLECs (regardless of whether the due date was actually
missed),
Description:
Measures the average time lapsed between the date the customer is first notified of an order jeopardy
event and the original due date of the order..Includes all orders completed in the reoortina oeriod that received jeooardv notifications.
Reporting Period: One month Unit of Measure: Average Business days NUll:
Reporting Comparisons: CLEC Disaggregation Reporting: Statewide level.
aggregate, individual CLEC and Owest (This measure is reported by jeopardy notification process
Retail results as used for the categories shown under Product
Reoortina.)
Formula:
(l:(Date of the original due date of orders completed in the reporting period that received jeopardy
notification - Date of the first jeopardy notification) + Total orders completed in the reporting period
that received jeopardy notification)
Exclusions:.Jeopardies done after the original due date is past..Records involving official company services..Records with invalid due dates or application dates..Records with invalid completion dates..Records with invalid product codes..Records missina data essential to the calculation of the measurement per the PID.
Product Reporting:Standards:
A Non-Designed Services A Parity with Retail POTS
B Unbundled Loops (with or without B Parity with Retail POTS
Number Portabilty)
C LIS Trunks C Parity with Feature Group 0 (FGD) services
0 UNE-P (POTS)o Parity with Retail POTS
Availabilty:Notes:
Available 1. For PO-8A and -0, Saturday is counted as a
business day for all non-dispatched orders for
Resale Residence, Resale Business, and UNE-P
(POTS), as well as for the retail analogues
specified above as standards. For dispatched
orders for Resale Residence, Resale Business,
and UNE-P (POTS) and for all other products
reported under PO-8B and -8C, Saturday is
counted as a business day when the service order
is due on Saturday.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 20
.
.
.
.
.
.
PO-9 - Timely Jeopardy Notices
Purpose:
When original due dates are missed, measures the extent to which Qwest notifies customers in
advance of ieopardized due dates.
Description:
Measures the percentage of late orders for which advance jeopardy notification is provided..Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed in the reporting period that missed the original due date.
Change order types included in this measurement consist of all C orders representing inward
activity..Missed due date orders with jeopardy notifications provided on or after the original due date is
past wil be counted in the denominator of the formula but wil not be counted in the numerator.
Reporting Period: One month
I Unit of Measure: Percent
Reporting Comparisons: CLEC Disaggregation Reporting: Statewide leveL.
aggregate, individual CLEC and (This measure is reported by jeopardy notification process as
Qwest Retail results used for the categories shown under Product Reporting.)
Formula:
((Total missed due date orders completed in the reporting period that received jeopardy notification in
advance of original due date) + (Total number of missed due date orders completed in the reporting
period)) x 100
Exclusions:.Orders missed for customer reasons..Records with invalid product codes..Records involving offcial company services..Records with invalid due dates or application dates..Records with invalid completion dates..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID.
Product Reporting:Standards:
A Non-Designed Services A Parity with Retail POTS
B Unbundled Loops (with or without Number B Parity with Retail POTS
Portabilty)
C LIS Trunks C Parity with Feature Group D (FGD) Services
D UNE-P (POTS)D Parity with Retail POTS
Availabilty:.Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 21
PO-15 - Number of Due Date Changes per Order
Purpose:
To evaluate the extent to which Qwest changes due dates on orders.
Description:
Measures the average number of Qwest due date changes per order..Includes all inward orders (Change, New, and Transfer order types) that have been assigned a
due date in the reporting period subject to the exclusions below. Change order types for
additional lines consist of all "C. orders representing inward activity..Counts all due date changes made for Qwest reasons following assignment of the original due
date.
Reporting Period: One month
I Unit of Measure: Average Number of Due Date Changes
Reporting Comparisons:Disaggregation Reporting: Statewide leveL.
CLEC aggregate, individual CLEC, and Qwest
retail results.
Formula:
1:(Count of Qwest due date changes on all orders) + (Total orders in reporting period)
Exclusions:.Customer requested due date changes..Records involving official company services..Records with invalid due dates or application dates..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID.
Product Reporting:Standard:
None Diagnostic
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 22
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PO-16- Timely Release Notifications
Purpose:
Measures the percent of release notifications for changes to specified OSS interfaces sent by Qwest to
CLECs within the intervals and scope specified within the change management plan found on Qwests
Change Management Process, (CMP) website at http://ww.Qwest.com/wholesale/cmo/whatiscmo.html.
Description:
. Measures the percent of release notices that are sent by Qwest within the intervals/timeframes
prescribed by the release notification procedure on Qwests CMP website. NOTE 1
- Release notices measured are:
- Draft Technical Specifications (for App to App interfaces only);
- Final Technical Specifications (for App to App interfaces only);
- Draft Release Notices (for IMA-GUI interfaces only);
- Final Release Notices (for IMA-GUI interfaces only); and
- OSS Interface Retirement Notices. NOTE 2
- For the following OSS interfaces:
- IMA-GUI, IMA-EDI;
- CEMR;
- Exchange Access, Control, & Tracking (EXACT); NOTE 3
- Electronic Bonding - Trouble Administration (EB -TA); NOTE
4
- lABS and CRIS Summary Bil Ou~uts; NOTE 5
_ Loss and Completion Records; NO E 5
- New OSS interfaces (for introduction notices only.) NOTE 6
- Also included are notifications for connectivity or system function changes to Resale Product
Database.
- Includes OSS interface release notifications by Qwest relating to the following products and
service categories: LIS/Interconnection, Collocation, Unbundled Network Elements (UNE),
Ancillary, and Resale Products and Services.
- Includes OSS interface release notifications by Qwest to CLECs for the following OSS
functions: Pre-Ordering, Ordering, Provisioning, Repair and Maintenance, and Biling.
- Includes Types of Changes as specified in the "Qwest Wholesale Change Management
Process Document" (Section 4 - Types of Changes).
- Includes all OSS interface release notifications pertaining to the above OSS systems, subject to
the exclusions specified below.
· Release Notifications sent on or before the date required by the CMP are considered timely. A
release notification "sent date" is determined by the date of the e-mail sent by Qwest that provides the
Release Notification. NOTE 7
· Release Notifications sent after the date required by the (CMP) are considered untimely. Release
Notifications required but not sent are considered untimely.
Reporting Period: One month
Reporting Comparisons: CLEC Aggregate
Unit of Measure: Percent
Disaggregation Reporting: Region-wide leveL.
Formula:
((Number of required release notifications for specified OSS interface changes made within the reporting
period that are sent on or before the date required by the change management plan (CMP) + Total
number of required release notifications for specified OSS interface changes within reporting period)lx100
Exclusions:
· Changes to be implemented on an expedited basis (exception to OSS notification intervals) as
mutually agreed upon by CLECs and Qwest through the CMP.
· Chanaes where Qwest and CLECs agree, through the CMP, that notification is unnecessarv.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 23
PO.16 Timely Release Notifications (continued)
Product Reporting:None Standards:
Vol. 1-10: No more than one
untimely notification
Vol. ~ 10: 92.5% timelv notifications
.
Availabilty:
Available
Notes:
1. The Qwest Wholesale Change Management Process Document specifies the
intervals for release notifications by type of notification. These intervals are
documented in the change management plan.
2. The documents described in section "9.0 - Retirement of Existing ass
Interfaces" of the "Qwest Wholesale Change Management Process Document"
as "Initial Retirement Notice" and "Final Retirement Notice."
3. EXACT is a Telecordia system. Only release notifications for changes initiated
by Qwest for hardware or connectivity wil be included in this measurement.
4. EB- TA is the same system as MEDIACC.
5. CRIS, lABS, and Loss and Completions wil adhere to the notification intervals
documented in section 8.1 - Changes to Existing Application to Application
Interface.
6. The documents described in section "7.0 -Introduction of New ass Interface" of
the "Qwest Wholesale Change Management Process Document" as "Initial
Release Announcement and Preliminary Implementation Plan" (new App to App
only), "Initial Interface Technical Specification" (new App to App only), "Final
Interface Technical Specifications (new App to App only), "Release Notification"
(new GUI only). CMP notices for "Introduction of a New aSS" are to be included
in this measurement even though the new system is not explicitly listed in the
"Description" section of this PID. However, once implemented, the system wil
not be added to the measurement for purposes of measuring release, change
and retirement notifications unless specifically incorporated as an authorizedchange to the PID. .
7. The intervals used to determine timeliness are based on CMP guidelines.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 24
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PO-19 - Stand-Alone Test Environment (SATE) Accuracy
Purpose:
Evaluates Qwests abilty to provide accurate production-like tests to CLECs for testing new releases in
the SATE and production environments and testinQ between releases in the SATE environment.
Description:
PO-19A
· Measures the percentage of test transactions that conform to the test scenarios published in the IMA
EDI Data Document - for the Stand Alone Test Environment (SA TE) that are successfully executed
in SATE at the time a new IMA Release is deployed to SATE. In months where no release activity
occurs, measures the percentage of test transactions that conform to the test scenarios published in
the current IMA EDI Data Document-for the Stand Alone Test Environment (SATE) that are
successfully executed in SATE during the between-releases monthly performance test.
· Includes one test transaction for each test scenario published in the IMA EDI Data Document - for
the Stand Alone Test Environment (SATE).
· Test transactions wil be executed for each of the IMA releases supported in SATE utilzing all test
scenarios for each of the current versions of the IMA EDI Data Document - for the Stand Alone Test
Environment (SATE).
· The successful execution of a transaction is determined by the Qwest Test Engineer according to:
- The expected results of the test scenario as described in the IMA EDI Data Document - for the
Stand Alone Test Environment (SA TE) and the EDI disclosure document.
- The transactions strict adherence to business rules published in Qwests most current IMA EDI
Disclosure Documentation for each release and the associated Addenda. NOTE 1
· For this measurement, Qwest wil execute the test transactions in the Stand-Alone Test Environment.
- Release related test transactions will be executed when a full or point release of IMA is installed
in SATE. These transactions will be executed within five business days of the numbered release
being originally installed in SATE. This five-business day period wil be referred to as the "Testing
Window."
- Mid-release monthly performance test transactions will be executed in the months when no
Testing Window for a release is completed. These transactions wil be executed on the 15th, or
the nearest working day to the 15th of the month, in the months when no release related test
transactions are executed.
· Test transaction results wil be reported by release and included in the Reporting Period during which
the release transactions or mid-release test transactions are completed.
PO-19B
· Validates the extent that SATE mirrors production by measuring the percentage of IMA EDI test
transactions that produce comparable results in SATE and in production.
- Transactions counted as producing comparable results are those that return correctly formatted
data and fields as specified in the release's EDI disclosure document and developer worksheets
related to the IMA release being tested.
- Comparability wil be determined by evaluating the data and fields in each EDI message for the
test transactions against the same data and fields for Preorder queries, LSRs, and
Supplementals, and returned as Query Responses, Acknowledgements, Firm Order
Confirmations (FOCs) for flow-through eligible products, and rejects.
· Test transactions are executed one time for each new major IMA release within 7 days after the IMA
release.
- Test transactions consist of a defined suite of Product/Activity combinations. Qwests three
regions wil be represented. NOTE 2
- Pre-order, Order, and Post-order transactions (FOCs for flow-through products) are included.
· With respect to the comparabilty of the structure and content of results from SATE and production
environments, this measurement focuses only on the validity of the structure and the validity of the
content, per developer worksheets and EID mapping examples distributed as part of release
notifications. NOTE 3
Reporting Period:
PO-19A -- One month
PO-19B: -- One month (for those months in
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007
Unit of Measure:Percent
Page 25
PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued)
which release-related test transactions are
completed)
Reporting Comparisons: None Disaggregation Reporting:
PO-19A - Reported separately for each release tested
in the reporting period
PO-19B -- None
.
Formula:
PO-19A
((Total number of successfully completed SATE test transactions executed for a Softare Release or
between-releases performance test completed in the Reporting Period) + (Total number of SATE test
transactions executed for each Softare Release or between-releases performance test completed in
the Reporting Period)) x 100
PO-19B
((Total number of completed IMA EDI test transactions executed in SATE and production that
produce comparable results for each new major IMA Softare Release completed in the Reporting
Period) + (Total number of completed IMA EDI test transactions executed in SATE and production for
each new major IMA Softare Release completed in the Reporting Period)) x 100
Exclusions:
For PO-19B:
. Transactions that fail due to the unavailability of a content item (e.g., TN exhaustion in SATE or the
production environment) or a function in the SATE or production environments (e.g., address
validation query or CSR query) that is unsuccessful due to an outage in systems that interface with
IMA-EDI (e.g., PREMIS or SIA).
. Transactions that fail because of differences between the production and SATE results caused when
an IMA candidate is implemented into IMA and not SATE (Le., where CMP decides not to implement
an IMA candidate in a SATE release: e.g., the Reject Duplicate LSR candidate in IMA 12.0). This .
exclusion does not apply during reporting periods in which there are no differences between
oroduction IMA and SATE caused bv SATE releases oackaQed oursuant to CMP decisions.Product Reporting: None Standard:
PO-19A - 95% for each release tested
PO-t9B-95%Availabilty: Notes:Available 1. Transactions that are executed and found to
have inconsistencies with the data and format
rules wil be corrected and rerun. Rerun
volumes wil not be counted in the denominator
for PO-19. Such corrections and re-executions
are intended to enforce strict adherence to
business rules published in Qwests most
current IMA EDI Data and Disclosure
Documents.
2. The product and activity combinations that
make up the test decks for PO-19B wil be
updated after each major IMA softare release
and provided to CLECs with the publication of
IMA EDI Draft Interface Technical
Specifcations for the next major IMA softare
release as defined in the CMP process. All
combinations with EDI transaction volumes::
100 in the previous 12-month period wil be
included in the test deck. 75 days prior to the
execution of the test, Qwest wil run a query
against IMA to determine which combinations .
meet the criteria for inclusion (Le., volumes::
100).
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit BJune 26,2007 Page 26
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PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued)
3. The intent of this provision is to avoid including
the effects of circumstances beyond the SATE
environment that could cause differences in
SATE and production results that are not due
to problems in mirroring production. For
example, because of real-time data
manipulation in production, an appointment
availabilty query transaction in SATE wil not
return the same list of available appointments
as in production. Available appointments in
production are fully dependent on real-time
activities that occur there, whereas available
appointments in SATE are based on a pre-
defined list that is representative of production.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 27
PO.20 (Expanded) - Manual Service Order Accuracy
Purpose:
Evaluates the degree to which Qwest accurately processes CLECs' Local Service Requests (LSRs), which
are electronically-submitted and manually processed by Qwest, into Qwest Service Orders, based on
mechanized comparisons of specified LSR-Service Order fields and focusing on the percentage of manually-
processed Service Orders that are accurate/error-free.
Description:
Measures the percentage of manually-procssed Qwest Service Orders that are populated correctly, in
specified data fields, with information obtained from CLEC LSRs.
. Includes only Service Orders created from CLEC LSRs that Qwest recives NOTE 1 electronically (via IMA-
GUI or IMA-EDI) and manually processes in the creation of Service Orders, regardless of flow through
eligibilty, subject to exclusions specified below.
. Includes only Service Orders, from the product reporting categories specified below, that request inward
line or feature activity (Change, New, and Transfer order types), are assigned a due date by Qwest, and
are completed/closed inthe reporting period. Change Service Order types included in this measurement
consist of all C orders with "i" and "T" action-coded line or feature USOCs.
. All Service Orders satisfying the above criteria are evaluated in this measurement.NOTE2
. An inward line Service Order will be classified as "accurate" and thus counted in the numerator in the
formula below when the mechanized comparisons of this measurement determine that the fields
specified in the Service Order Fields Evaluated section below (when the source fields have been properly
populated on the LSR) are all accurate on the Service Order. An inward feature Service Order wil be
classified as "accurate" if the fields specified in the Service Order Fields Evaluated section below (when
the source fields have been properly populated on the LSR) are all accurate on the Service Order and if
no CLEC notifications to the call center have generated call center tickets coded to LSRlSO mismatch for
that order.
- Service Orders wil be counted as being accurate if the contents of the relevant fields, as recorded in
the completed Service Orders involved in provisioning the service, properly match or correspond to
the information from the specified fields as provided in the latest version of associated LSRs.
- Service orders generated from LSRs receiving a PIA (Provider Initiated Activity value wil be counted
as being accurate if each and every mismatch has a correct and corresponding PIA value.
- Service Orders, including those otherwise considered accurate under the above-described
mechanized field comparison, will not be counted as accurate if Qwest corrects errors in its Service
Order(s) as a result of contacts received from CLECs no earlier than one business day prior to the
original due date.
Reporting Period: One month, reported in Unit of Measure:
arrears (Le., results first appear in reports one
month later than results for measurements that are
not reported in arrears), in order to exclude Service
Orders that are the subject of call center tickets
counted in OP-5B and OP-5T, as having new
service problems attributed to Service Order errors.
Percent
Reporting Comparisons:
CLEC Aggregate and individual CLEC
Disaggregation Reporting:
Statewide Level
Formula:
((Number of accurate, evaluated Service Orders) + (Number of evaluated Service Orders completed in
the reporting period)) x 100
Exclusions:
. Service Orders that are the subject of call center tickets counted in OP-5B and OP-5T as having new
service problems attributed to Service Order errors.
. Cancelled Service Orders.
. Service Orders that cannot be matched to a corresponding LSR
. Records missinQ data essential to the calculation of the measurement per the PID.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 28
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PO-20 (Expanded) - Manual Service Order Accuracy (continued)
Product Reporting:
. Resale and UNE-P (POTS and Centrex 21 )
Standard:
95%
. Unbundled Loops (Analog and Non-Loaded 2/4-wire, DS1
Capable, DS3 and higher Capable, ADSL Compatible,
XDSL-I Capable, ISDN-BRI Capable)
Availabilty:
Available
Notes:
1. To be included in the measurement, Service
Orders created from CLEC LSRs must be
received and completed in the same version of
IMA-GUI or IMA-EDI.
2. Consists of all manually-processed, qualifying
Service Orders per product reporting category
specified above, from throughout Qwests 14-
state local service region.
LSR-Service Order Fields Evaluated
Mechanized comparison of the fields from the Service Order to the LSR:
LSR Field
Form Code LSR Field Name Remarks/Service Order Field:
CCNA Customer Carrier CCNA field of LSR form compared to the RSID/ZCID field
Name identifier in the Extended 10 section of the Service Order.
Abbreviation
PON Purchase Order PON field of LSR form compared to the PON field in Bil
Number Section of the Service Order.
DITSENT Date and time The DITSENT field of LSR form from the Firm Order
sent Manager, using applied business day cut-off rules and
business typing rules, and compare to the APP (Application
Date) used on the Service Order.
CHC Coordinated Hot Applies only to Unbundled Loop.
Cut Requested Validate that the installation USOC used on the Service
LSR Order matches the Coordinated Cut request. (Evaluated in
coniunction with the TEST field to determine correct USOC.)
TEST Testing required Applies only to Unbundled Loop.
Validate that the installation USOC used on the Service
Order matches the TEST request. (Evaluated in conjunction
with the CHC field to determine correct USOC.)
NC Network Channel Applies only to Unbundled Loop. NC field on the LSR form
Code compared to provisioning USOC for CKL 1 on the Service
Order.
NCI Network Channel Applies only to Unbundled Loop NCI field on the LSR form
Interface Code compared to provisioning USOC for CKL 1 on the Service
Order.
Qwest Idaho SGATThird Revision, Eighth Amended Exhibit B June 26,2007 Page 29
PO-20 (Expanded) - Manual Service Order Accuracy (continued)
LSR-Service Order Fields Evaluated
Mechanized comDarison of the fields from the Service Order to the LSR:
LSRField
Form Code LSR Field Name Remarks/Service Order Field:
SECNCI Secondary Applies only to Unbundled Loop orders.
Network Channel SECNCI field on the LSR form compared to the provisioning
Interface Code USOC for CKL2 on the Service Order.
PIC InterLATA Pre-PIC field on Resale or Centrex form compared to PIC
subscription populated on the "i" or "T" action lines in the Service and
Indicator Code Equipment section of the Service Order.
Note:
LSR PIC = None; S.O. PIC = None
Resale or LPIC IntraLATA Pre-LPIC field on Resale or Centrex form compared to LPIC
Centrex subscription populated on the "I" or liT" action lines in the Service and
Indicator Code Equipment section of the Service Order.
Note:
LSR LPIC = None; S.O. LPIC = 9199
LSR LPIC = DFLT; S.O. LPIC = 5123
TNS Telephone Validate that all telephone numbers in the TNS fields in the
Numbers Service Details section on the Resale or Centrex form
reauirina inward activitv are addressed on the Service Order.
FA!Feature When the FA = N, T, V
FEATURE Activity/Feature Validate line and feature USOCs provided in the FEATURE
Codes field on the Resale or Centrex form are addressed with "I"
Resale and/or "T" action lines on the Service Order.
or Note: Comparison wil be based on the USOCs associated
Centrex with line and feature activity listed in the PO-20 USOC List
posted on Qwests public website, on the web page
containing the current PID
ww.qwest.comlwholesale/results). Qwest may add USOCs
to the list, delete grand-fathered/ discontinued or obsolete
USOCs, or update USOCs assigned to listed descriptions by
providing notice in the monthly Summary of Notes and
updatinQ the list.
LS ECCKT Exchange Applies to LSRs with ACT = C (only when NC code has not
Company Circuit changed, M, or T.
ID
ECCKT field on the LS form compared to the CLS field in the
Service and Equipment section of the Service Order.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 30
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PO-20 (Expanded) - Manual Service Order Accuracy (continued)
LSR-Service Order Fields Evaluated
Mechanized comoarison of the fields from the Service Order to the LSR:
LSR Field
Form Code LSR Field Name Remarks/Service Order Field:
LSI CFA Connecting CFA field on the LS or LSNP forms compared to the CFA
LSNP Facility field used in CKL 1 of the Service Order. (Verbal acceptance
Assignment of CFA changes wil be FOC'd and PIA'd, which will account
for the mismatch and eliminate it as an error in the PO-20
calculation.
LTY Listing Type L TY = 1 (Listed - appears in DA and the directory.) Validate
that there is a LN in the List section of the Service Order.
L TY = 2 (Non Listed - appears only in DA.) Validate that
there is non listing instructions in the LN field in the List
section of the Service Order.
CentrallWestern Region: Validate that the left handed field
is NLST and (NON-LIST) is contained in the NLST data field
in the List section of the Service order.
Eastern Region: Validate that the left handed field is NL
and (NON LIST) is contained in the NL data field in the List
section of the Service Order.
L TY = 3 (Non Pub - does not appear in the directory and
telephone number does not appear in DA.) Validate that
there is non published instructions in the LN field in the List-section of the Service Order.IIm CentrallWestern Regions: Validate that the left handedc:¡field is NP and (NON-PUB) is contained in the NP data field
E .!a in the List section of the Service Order... ...e c Eastern Region: Validate that the left handed field is NPII .-m CI and (NP LODA) or (NP NODA) is contained in the NP datac ::field in the List section of the Service Order.:¡ ¡¡.!a u TOA Type of Account Validate TOA entries (only reviewed when BRO field on DL.. 0
~-:form is not populated):
.s .e .TOA valid entries are B or RPu ~Validate that there is a semi colon (;) within the LN in theCD _.!: c List section of the Service Order.COI i:.TOA valid entries are R or BP
.. .!Validate that there is a comma (,) within the LN in the Listc CI:J section of the Service Order.¡¡;:Exception: When LSR-TOS = 3, TOA review is NotwApplicable. Handled by Complex Listing Group. Requires-
seoarate Service Order.
DML Direct Mail List DML field = 0 on DL form; Service Order LN contains
(OCLS).
NOSL No Solicitation Arizona Only
Indicator NOSL field = Y on DL form; Service Order LN contains
(NSOL) (OCLS).
TMKT Telemarketing Colorado Only
TMKT field = 0 on DL form; Service Order LN contains
(OATD).
When both the DML and the TMKT fields are populated, DML
validation aoolies.
LNLN and Listed Name LNLN and LNFN fields on DL form compared to the LN field
LNFN in the List section of the Service Order.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 31
PO-20 (Expanded) - Manual Service Order Accuracy (continued)
LSR-Service Order Fields Evaluated
Mechanized comparison of the fields from the Service Order to the LSR:
LSR Field
Form Code LSR Field Name Remarks/Service Order Field:
ADI Address Indicator ADI = 0 on DL form; Service Order LA contains (OAD).
LAPR Listed Address LAPR field of the Listing form compared to LA in the List
Number Prefix section of the Service Order.
LANO Listed Address LANO field of the Listing form compared to LA in the List
Number section of the Service Order.
LASF Listed Address LASF field of the Listing form compared to LA in the List
Number Suffix .section of the Service Order.
LASD Listed Address LASD field of the Listing form compared to LA in the List
Street Directional section of the Service Order.
LASN Listed Address LASN field of the Listing form compared to LA in the List
Street Name section of the Service Order.
LATH Listed Address LATH field of the Listing form compared to LA in the List
Street Type section of the Service Order.
LASS Listed Address LASS field of the Listing form compared to LA in the List
Street Directional section of the Service Order.
Suffix
LALOC Listed Address LALOC field of the Listing form compared to LA in the List
Localitv section of the Service Order.
LSR DSPTCH Dispatch Limited to Unbundled Loops where ACT = Z or V only.
If DSPTCH field on the LSR form = Y, validate dispatch
USOC in the Service and Equipment section of the Service
Order.
LTC Line Treatment Applies only to Centrex 21
Code LTC field numeric value on the Centrex form compared to the
data following the CAT field for the Line USOC on the
Centrex Service Order.
COS Class of Service Applies only to Centrex 21 .
- Qwest Specific COS field of the Centrex form compared to the CS field in the
ID section of the Service Order.
Resale FEATURE Feature Details As specified in Appendix A of the 14 State Working PID.
or DETAILS Comparison would be based on the fields associated with the
Centrex USOC list referenced under Feature Activitv above.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 32
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PO-20 (Expanded) - Manual Service Order Accuracy (continued)
LSR-Service Order Fields Evaluated
Mechanized comoarison of the fields from the Service Order to the LSR:
LSR Field
Form Code LSR Field Name Remarks/Service Order Field:
Resale BLOCK Blocking Type For each LNUM provided in the Service Detail section of the
or (Stage 1)Resale or Centrex form when BA = E:
Centrex Note: The BLOCK field may have one or more alpha and/or
numeric values per LNUM. This review wil only validate
based on BA/BLOCK fields and wil not address blocking
information provided in the "Remark" section on the LSR or
the Feature Detail section of the LSR. The values listed
below will be considered as follows:
If BLOCK contains A, validate FID TBE A is present on the
service order floated behind line USOC associated with the
TNS for that LNUM.
If BLOCK contains B, validate FID TBE B is present on the
service order floated behind line USOC associated with the
TNS for that LNUM.
If BLOCK contains C, validate FID TBE C is present on the
service order floated behind line USOC associated with the
TNS for that LNUM.
If BLOCK contains H, validate FID BLKD is present on the
service order floated behind line USOC associated with the
TNS for that LNUM.
DFDT Desired Frame Applicable only to orders for Resale and UNE-P (POTS and
Due Time Centrex 21)
DFDT field on the LSR form compared to the FDT field in the
Extended ID section of the Service Order.
LSR DDD Desired Due DDD field from the last FOC'd LSR compared to the original
Date or last subsequent due date in the Extended ID section on
the Service Order when no CFLAG/PIA is present on the
FOC. (Le. Evaluation includes recognition of valid differences
between DDD and Service Order based on population of the
CFLAG/PIA field on the LSRC (FOC))
LTN Listed Telephone For Resale and UNE-P (POTS and Centrex 21):
In0).. Ui Number L TN field on the Listing form compared to the Main Accountc
.2 0)Number of the Service Order.¡;:.5::--C In~ o::For Unbundled Loop: L TN field on the Listing form comparedoE"Cc- 0 CD .-to the TN floated after the LN in the Listing section of the(,hi_ 1â ca! ~::Service Order.e L eãiW g LNPL Letter Name LNPL field on the Listing form = L, validate that LN on the.J -.J Placement Service Order follows letter placement versus wordcplacement.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 33
Ordering and Provisioning
OP-2 - Calls Answered within Twenty Seconds - Interconnect Provisioning Center .
Purpose:
Evaluates the timeliness of CLEC access to Qwests interconnection provisioning center(s) and retail
customer access to the Business Office, focusina on the extent calls are answered within 20 seconds.
Description:
Measures the percentage of (Interconnection Provisioning Center or Retail Business Ofice) calls that
are answered by an agent within 20 seconds of the first ring..Includes all calls to the Interconnect Provisioning Center/Retail Business Ofce during the
reporting period, subject to exclusions specified below..Abandoned calls and busy calls are counted as calls which are not answered within 20 seconds..First ring is defined as when the customer's call is first placed in queue by the ACD (Automatic
Call Distributor)..Answer is defined as when the call is first oicked uo bv the Qwest aaent.
Reporting Period: One month Unit of Meaure: Percent
Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Region-wide leveL.
Qwest Retail results
Formula:
((Total Calls Answered by Center within 20 seconds) + (Total Calls received by Center)) x 100
Exclusions: Time spent in the VRU Voice Response Unit is not counted.
Product Reporting: Not applicable Standard: Parity
Availabilty:Notes:
Available .
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 34
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.
.
OP-3 - Installation Commitments Met
Purpose:
Evaluates the extent to which Qwest installs services for Customers by the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
. All inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order types included in this measurement consist of all C orders
representing inward activity. Also included are orders with customer-requested due dates longer
than the standard intervaL.
. Completion date on or before the Applicable Due Date recorded by Qwest is counted as a met due
date. The Applicable Due Date is the original due date or, if changed or delayed by the customer,
the most recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsequent to
the oriainal due date and (b) prior to a Qwest-initiated, chanaed due date, if any.
Reporting Period: One month I Unit of Measure: Percent
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for producUservices listed in Product Reporting under "MSA-Type
CLEC aggregate, Disaggregation" wil be reported according to orders involving:
individual CLEC OP-3A Dispatches within MSAs;
and Qwest Retail OP-3B Dispatches outside MSAs; and
results OP-3C No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be disaggregated according to installations:
OP-3D In Interval Zone 1 areas; and
OP-3E In Interval Zone 2 areas.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date) + (Total Orders
Completed in the Reporting Period)) x 100
Exclusions:
· Disconnect, From (another form of disconnect) and Record order types.
. Due dates missed for standard categories of customer and non-Qwest reasons. Standard
categories of customer reasons are: previous service at the location did not have a customer-
requested disconnect order issued, no access to customer premises, and customer hold for
payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage.
· Records involving official company services.
· Records with invalid due dates or application dates.
. Records with invalid completion dates.
· Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the PID.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 35
OP - 3 Installation Commitments Met (continued)
Product ReDortina:Standards:
MSA- TVDe Disacicireciation -.Resale
Residential sinale line service Parity with retail service
Business sinale line service Parity with retail service
Centrex Parity with retail service
Centrex 21 Parity with retail service
DSO (non-desiQned provisionina)Parity with retail service
PBX Trunks (non-desianed provisioning)Parity with retail service
Primary ISDN (non-desiQned provisioninQ)Parity with retail service
Basic ISDN (non-desianed orovisioninQ)Parity with retail service
.Unbundled Network Element - Platform Parity with like retail service
(UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex
(UNE-P) (Centrex).Line Splitting 95%
.Loop Splitting NOTE 1 Diagnostic
.Line Sharing 95%
.Sub-Loop Unbundling CO: 90%
All Other States: Diaanostic
Zone- TVDe Disacicireciation -.Resale
Primary ISDN (desiQned provisioning)Parity with retail service
Basic ISDN (desianed orovisioninQ)Parity with retail service
DSO (desiQned provisionina)Parity with retail service
DS1 Parity with retail service
PBX Trunks (desiQned provisioning)Parity with retail service
DS3 and higher bit-rate services Parity with retail service
(aaareaate)
Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group D (aggregate)
.Unbundled Dedicated Interofce Transport (UDIT)
UDIT - DS1 level Parity with retail DS1 Private Line
UDIT - Above DS1 level Parity with retail Private Lines above DS1 level
Dark Fiber - IOF DiaQnostic.Unbundled Loops:
Analoa Looo 90%
Non-loaded Loop (2-wire)90%
Non-loaded Looo (4-wire)Parity with retail DS1 Private Line
DS 1-capable Loop Paritv with retail DS1 Private Line
xDSL-1 caoable Looo 90%
ISDN-capable Loop Paritv with retail ISDN BRI (desianed)
ADSL-aualified Looo 90%
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private
(aQQreQate)Line services (aaareQate)
Dark Fiber - Looo DiaQnostic
Loops with Conditionina 90%
.E911/911 Trunks Parity with retail E911/911 Trunks
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 36
.
.
.
.
.
.
OP - 3 Installation Commitments Met (continued)
.Enhanced Extended Loops (EELs) - (050 WA:90%
level)All Other States: Diagnostic.Enhanced Extended Loops (EELs) - (051 90%
level).Enhanced Extended Loops (EELs) - (053 WA:90%
level)All Other States: Diagnostic
Availabilty:Notes:
Available 1.Reporting wil begin at the time CLECs order the product, in any quantity, for
three consecutive months.
Qwest Idaho 5GAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 37
OP.4 - Installation Interval~~~ .
Evaluates the timeliness of Qwests installation of services for customers, focusing on the average
time to install service.
Description:
Measures the average interval (in business days) NOTE 1 between the application date and the
completion date for service orders accpted and implemented.
. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
. Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
. The Applicable Due Date is the original due date or, if changed or delayed by the customer, the
most recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (a~ subsequent
to the original due date and (b) prior to a Qwest-initiated, changed due date, if any. N TE 2
. Time intervals associated with customer-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest
Qwest-initiated due date, if any, followin~ the Applicable Due Date, from the subsequent
customer-initiated due date, if any. NOTE
Reporting Period: One month .1 Unit of Measure: Average Business Days
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for producUservices listed in Product Reporting under "MSA- Type
CLEC Disaggregation" wil be reported according to orders involving:
aggregate, OP-4A Dispatches within MSAs;
individual CLEC OP-4B Dispatches outside MSAs; andand Qwest OP-4C No dispatches. .
Retail results . Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be disaggregated according to installations:
OP-4D In Interval Zone 1 areas; and
OP-4E In Interval Zone 2 areas.
Formula:
L((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date
and the Applicable Date) - (Time intervals associated with customer-initiated due date changes or
delays occurring after the Applicable Due Date)) + Total Number of Orders Completed in the reporting
period
Explanation: The average installation interval is derived by dividing the sum of installation intervals for
all orders (in business days) NOTE 1 by total number of service orders comoleted in the reoortinQ oeriod.
Exclusions:
. Orders with customer requested due dates greater than the current standard interval.
. Disconnect, From (another form of disconnect) and Record order types.
. Records involving official company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Recrds with invalid product codes.
. Records missinQ data essential to the calculation of the measurement oer the PID.
.
Qwest IdahoSGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 38
.
.
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OP.4 -Installation Interval (continued)
Product Reportina:Standards:
MSA- TVDe Disaaareaation -.Resale
Residential sinQle line service Parity with retail service
Business sinale line service Paritv with retail service
Centrex Parity with retail service
Centrex 21 Parity with retail service
DSO (non-desiQned provisioninQ)Parity with retail service
PBX Trunks (non-designed provisioninQ)Parity with retail service
Primary ISDN (non-designed Parity with retail service
provisionina)
Basic ISDN (non-desiQned provisioninQ)Parity with retail service.Unbundled Network Element - Platform Parity with like retail service
(UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex
(UNE-P) (Centrex).Line SplittinQ 3.3 days.Loop Splittina NU I i: ;,Diagnostic
.Line Sharina 3.3 days
.Sub-Loop Unbundling CO: 6 days
All Other States: DiaQnostic
Zone- TVDe Disaaareaation -.Resale
Primary ISDN (designed provisioning)Parity with retail service
Basic ISDN(desiQned provisionina)Parity with retail service
DSO (designed provisioning)Parity with retail service
DS1 Parity with retail service
PBX Trunks (designed provisioning)Parity with retail service
DS3 and higher bit-rate services Parity with retail service
(aaareaate)
Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group 0 (aggregate)
.Unbundled Dedicated Interoffice Transport (UDIT)
UDIT - DS1 level Parity with DS1 Private Line Service
UDIT - Above DS1 level Parity with Private Lines above DS1 level
Dark Fiber - IOF DiaQnostic.Unbundled Loops:
Analog Loop 6 days
Non-loaded Loop (2-wire)6 days
Non-loaded Loop (4-wire)Parity with retail DS1 Private Line
OS 1-capable Loop Idaho, Iowa, Montana, Nebraska, North
Dakota, Oregon, Wyoming: Parity with retail
DS1 Private Line
Arizona, Colorado, Minnesota, New Mexico,
South Dakota, Utah, Washinaton: 5.5 days
xDSL-1 capable Loop 6 days
ISDN-capable Loop Parity with retail ISDN BRI (desiQned)
ADSL-ciualified Loop 6 days
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services
(aggreQate)(aQQreQate)
Dark Fiber - Loop Diagnostic
Loops with ConditioninQ 15 days
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 39
OP-4 -Installation Interval (continued)
.E911/911 Trunks Parity with retail E911/911 Trunks
.Enhanced Extended Loops (EELs) - (DSO Diagnostic
level).Enhanced Extended Loops (EELs) - (DS1 6 days
level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic
level)
Availabilty:Notes:
Available 1.For OP-4C, Saturday is counted as a business day for all orders for
Resale Residence, Resale Business, and UNE-P (POTS), as well
as for the retail analogues speifed above as standards. For all
other products under OP-4C and for all products under OP-4A, -4B,
-40, and -4E. Saturday is counted as a business day when the
service order is due or completed on Saturday.
2.According to this definition, the Applicable Due Date can change,
per successive customer-initiated due date changes or delays, up
to the point when a Qwest-initiated due date change occurs. At
that point, the Applicable Due Date becomes fixed (Le., with no
further changes) as the date on which it was set prior to the first
Qwest-initiated due date change, if any. Following the first Qwest-
initiated due date change, any further customer-initiated due date
changes or delays are measured as time intervals that are
subtracted as indicated in the formula. These delay time intervals
are calculated as stated in the description. (Though infrequent, in
cases where multiple Qwest-initiated due date changes occur, the
stated method for calculating delay intervals is applied to each pair
of Qwest-initiated due date change and subsequent customer-
initiated due date change or delay. The intervals thus calculated
from each pairing of Qwest and customer-initiated due dates are
summed and then subtracted as indicated in the formula.) The
result of this approach is that Qwest-initiated impacts on intervals
are counted in the reported interval, and customer-initiated impacts
on intervals are not counted in the reported intervaL.
3.Reporting wil begin at the time CLECs order the product, in any
quantity, for three consecutive months.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 40
.
.
.
.
.
.
OP.5 - New Service Quality
Purpose:
Evaluates the quality of ordering and installng new services (inward line service orders), focusing on the
percentage of newly-installed service orders that are free of CLEC/customer-initiated trouble reports during
the provisioning process and within 30 calendar days following installation completion, and focusing on the
Qualitv of Qwests resolution of such conditions with respect to multiple reports.
Description:
Measures two components of new service provisioning quality (OP-5A and -5B) and also reports a combined
result (OP-5T), as described below, each as a percentage of all inward line service orders completed in the
reporting period that are free of CLEC/customer-reported provisioning and repair trouble reports, as
described below. Also measures the percentage of all provisioning and repair trouble reports that constitute
multiple trouble reports for the affected service orders. (OP-5R)
. Orders for new services considered in calculating all components of this performance indicator are all
inward line service orders completed in the reporting period, including Change (C-type) orders for
additional lines/circuits, subject to exclusions shown below. Chan~e order types considered in these
measurements consist of all C orders representing inward activity. OTE 1
. Orders for new service installations include conversions (Retail to CLEC, CLEC to CLEC, and same
CLEC converting between products).
. Provisioning or repair trouble reports include both out of service and other service affecting conditions,
such as features on a line that are missing or do not function properly upon conversion, subject to
exclusions shown below.
OP-5A: New Service Installation Quality Reported to Repair
. Measures the percentage of inward line service orders that are free of repair trouble reports NOTE 2
within 30 calendar days of installation completion, subject to exclusions below.
. Repair trouble reports are defined as CLEC/customer notifications to Qwest of out-of-service and
other service affecting conditions for which Qwest opens repair tickets in its maintenance and repair
management and tracking systems NOTE 3 that are closed in the reporting period or the following
month, NOTE 4 subject to exclusions shown below. NOTE 5
. Qwest is able to open repair tickets for repair trouble reports received from CLECs/customers once
the service order is completed in Qwests systems.
OP-5B: New Service Provisioning Quality
. Measures the percentage of inward line service orders that are free of provisioning trouble reports
during the provisioning process and within 30 calendar days of installation completion, subject to
exclusions shown below.
. Provisioning trouble reports are defined as CLEC notifications to Qwest of out of service or other
service affecting conditions that are attributable to provisioning activities, including but not limited to
LSRlservice order mismatches and conversion outages. For provisioning trouble reports, Qwest
creates call center tickets in its call center database. Subject to exclusions shown below, call center
tickets closed in the reporting period or the following month NOTE 4 are captured in this measurement.
Call center tickets closed to Network reasons wil not be counted in OP-5B when a repair trouble
report for that order is captured in OP-5A. NOTE 5, 6
OP-5T: New Service Installation Quality Total
. Measures the percentage of inward line service orders that are free of repair or provisioning trouble
reports during the provisioning process and within 30 calendar days of installation completion, subject
to exclusion shown below.
OP-5R: New Service Quality Multiple Report Rate
. Evaluates the quality of Qwests responses to repair and provisioning trouble reports for inward line
service orders completed in the reporting period. This measurement reports, for those service orders
that were not free of repair or provisioning trouble reports in OP-5A or OP-5B, the percentage of
trouble reports affecting the same service orders that were followed by additional repair and
provisioning trouble reports, as specified below.
. Measures the percentage of all repair and provisioning trouble reports considered in OP-5A and
OP-5B that are additional repair or provisioning trouble reports received by Qwest for the same
service order durina the provisioning process or within 30 calendar davsfollowina installation
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 41
op- 5 - New Service Quality (continued)
completion.
. Additional repair or provisioning trouble reports are defined as all such reports that are received
following the first report (whether the first report is represented by a call center ticket or a repair .
ticket) relating to the same service order during the provisioning process or within 30 calendar days
following installation completion. In all cases, the trouble reports counted are those that are defined
for OP-5A and OP-5B above. NOTE 7
Reporting Period: One month, reported in arrears (Le., results first appear
in reports one month later than results for measurements that are not
reported in arrears), in order to cover the 30-dav Dl riod followina installation.
Reporting Comparisons: CLEC aggregate, Disaggregation Reporting: Statewide level
individual CLEC and Qwest Retail results
Formulas:
OP.5A = (Number inward line service orders completed in the reporting period - Number of inward line
service orders with any repair trouble reports as specified above) + (Number of inward line service
orders completed in the reporting period) x 100
Unit of Measure:
Percent
OP.5B = (Number of inward line service orders completed in the reporting period - Number of inward line
service orders with any provisioning trouble report as specified above) + (Number of inward line
service orders completed in the reporting period) x 100
OP.5T = ((Number of inward line service orders completed in the reporting period) - Number of inward line
service orders with repair or provisioning trouble reports as defined above under OP-5A or OP-5B,
as applicable) + (Number of inward line service orders completed in the reporting period) x 100
OP.5R = (Number of all repair and provisioning trouble reports, relating to inward line service orders closed in
the reporting period as defined above under OP-5A or OP-5B, that constitute additional repair and
provisioning trouble reports, within 30 calendar days following the installation date + Number of all
repair and provisioning trouble reports relating to inward line service orders closed In the reporting .
period, as defined above under OP-5A or OP-5B) x 100
Exclusions:
Applicable to OP-5A. OP-5T and OP-5R:
. Repair trouble reports attributable to CLEC or coded to non-Qwest reasons as follows:
- For products measured from MTAS data, repair trouble reports coded to disposition codes for:
- Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous-
Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider); and
Reports from other than the CLEC/customer that result in a charge if dispatched.
- For products measured from WFA (Workforce Administration) data, repair reports coded to codes for:
- Carrier Action (IEC); Customer Provided Equipment (CPE); Commercial power failure; Customer
requested service order activity; and Other non-Qwest.
- Repair reports coded to disposition codes for referral to another department (Le., for non-repair ticket
resolutions of non-installation-related problems, except cable cuts, which are not excluded).
Applicable to OP-5B. OP-5T and OP-5R only:
. Provisioning trouble reports attributable to CLEC or non-Qwest causes.
. Call center tickets relating to activities that occur as part of the normal process of conversion (Le., while
Qwest is actively and properly engaged in procss of converting or installng the service). Provisioning
trouble reports involving service orders that, at the time of the calls, have fallen out for manual handling
and been disassociated from the related service order, as applicable, will be considered as not in the
normal process of conversion and will not be excluded.
Applicable to OP-5A. OP-5B. OP-5T and OP-5R:
. Repair or provisioning trouble reports related to service orders captured as misses under measurements
OP-13 (Coordinated Cuts Timeliness) or OP-17 (LNP Timeliness).
. Subsequent repair or provisioning trouble reports of any trouble on the installed service before theoriginal repair or provisioning trouble report is closed. .
. Service orders closed in the reportina period with App Dates earlier than eiaht months Drior to the
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 42
.
.
.
op. 5 - New Service Quality (continued)
beginning of the reporting period.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Disconnect, From (another form of disconnect) and Record order types. When out of service or service
affecting problems are reported to the call center on conversion and move requests, the resulting call
center ticket will be included in the calculation of the numerator in association with the related inward
order type even when the call center ticket reflects the problem was caused by the Disconnect or From
order.
· Records involving official Qwest company services.
Records missina data essential to the calculation of the measurement as defined herein.
Product Reporting Categories: Standards:
. As specified below - one OP-5A:
percentage result reported for OP-5B:
each bulleted category under OP-5T:
the sub-measurements shown. OP-5R:
Parity with retail service
96.5%
Diagnostic
Diagnostic for six months following first reporting.
Possible standard (T8D)
(Where parity comparisons involve multiple service varieties in a
product category, weighting based on the retail analogue volumes may
be used if necessary to create a comparison that is not affected by
different proportions of wholesale and retail analogue volumes in the
same reportina cateaorv.)
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit 8 June 26,2007 Page 43
op- 5 - New Service Quality (continued)
Product ReDortina:Standards:
Renorted under OP-5A OP-5B OP-5T and OP-5R:
OP-5A OP-5B OP-5T &
OP-5R
Resale
Residential single line Parity with retail service 96.5%Diagnostic
service
Business single line Parity with retail service 96.5%Diagnostic
service
Centrex Parity with retail service 96.5%Diagnostic
Centrex 21 Parity with retail service 96.5%Diagnostic
PBX Trunks Parity with retail service 96.5%Diagnostic
Basic ISDN Parity with retail service 96.5%Diagnostic
Primary ISDN Paritv with retail service 96.5%Diagnostic
DSO Parity with retail service 96.5%Diagnostic
DS1 Parity with retail service 96.5%Diagnostic
DS3 and higher bit-Parity with retail service 96.5%Diagnostic
rate services
(aaareaate)
Frame Relay Parity with retail service Diagnostic Diagnostic
.Unbundled Network Parity with like retail 96.5%Diagnostic
Element - Platform service
(UNE-P) (POTS).Unbundled Network Parity with retail Centrex 96.5%Diagnostic
Element - Platform 21
(UNE-P) (Centrex 21 ).Unbundled Network Parity with retail Centrex 96.5%Diagnostic
Element - Platform
(UNE-P) (Centrex)
Line Splitting Parity with retail RES &96.5%Diagnostic
BUS POTS
LOOD SDlittina NUI~O Diaanostic Diagnostic Diaanostic
Line Sharing Parity with retail RES &96.5%Diagnostic
BUS POTS
Sub-LoOD Unbundlina Diaanostic Diagnostic Diagnostic
Unbundled LOODS:
Analog Loop Parity with retail Res &96.5%Diagnostic
Bus POTS with disDatch
Non-loaded Loop (2-Parity with retail ISDN 96.5%Diagnostic
wire)BRI (designed)
Non-loaded Loop (4-Parity with retail DS1 96.5%Diagnostic
wire)
DS1-caDable LOOD Parity with retail OS 1 96.5%Diagnostic
xDSL-1 capable Loop Parity with retail OS 1 96.5%Diagnostic
Private Line
ISDN-capable Loop Parity with retail ISDN 96.5%Diagnostic
BRI (designed)
ADSL-qualified Loop Parity with retail ISDN 96.5%Diagnostic
BRI (designed)
Loop types of DS3 and Parity with retail DS3 96.5%Diagnostic
higher bit-rates and higher bit-rate
(aggregate)services (aggregate)
Dark Fiber - LOOD Diaanostic Diagnostic Diagnostic
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 44
.
.
.
.
.
.
op- 5 - New Service Quality (continued).Enhanced Extended Loops Diagnostic until volume 96.5%Diagnostic
(EELs) - (DSO level)criteria are met
.Enhanced Extended Loops Parity with retail DS1 96.5%Diagnostic
(EELs) - (DS1 level)Private Line
.Enhanced Extended Loops Diagnostic until volume 96.5%Diagnostic
(EELs) - (above DS1 criteria are met
level)
ReDorted under OP-5A and under OP-5R Iner OP-5A snecifications\:
OP-5A OP-5R.LIS Trunks Parity with Feature Diagnostic
Group D (aooreoate)
Unbundled Dedicated Interoffice TransDort (UDIT)
UDIT (DS1 Level)Parity with Retail Private Diagnostic
Lines (DS1)
UDIT (Above DS1 Level)Parity with Retail Private Diagnostic
Lines (Above DS1 level)
Dark Fiber - IOF Diaonostic Diaonostic.E911/911 Trunks Parity with Retail Diagnostic
E911/911 Trunks
Availabilty:Notes:
1.The specified Change order types representing inward activity exclude Change
Available orders that do not involve installation of lines (in both wholesale and retail results).
Specifically this measurement does not include changes to existing lines, such as
number changes and PIC changes.
2.Including consideration of repeat repair trouble reports (Le., additional reports of
trouble related to the same newly-installed line/circuit that are received after the
preceding repair report is closed and within 30 days following installation
completion) to complete the determination of whether the newly-installed line/circuit
was trouble free within 30 days of installation.
3.Qwests repair management and tracking systems consist of WFA (Work Force
Administration), MTAS (Maintenance Tracking and Administration System), and
successor repair systems, if any, as applicable to obtain the repair report data for
this measurement. Not included are Call Center Database systems supporting call
centers in logging calls from customers regarding problems or other inquiries (see
OP-5B and OP-5T).
4.The "following month" includes also the period of a few business days (typically four
or five) afterward, up to the time when Qwest pulls the repair data to begin
processing results for this measurement.
5.Includes repair and provisioning trouble reports generated by new processes that
supersede or supplement existing processes for submitting repair and provisioning
trouble reports as specified in Qwests documented or agreed upon procedures.
6.For purposes of calculating OP-5B, a call center ticket for multiple orders with
provisioning trouble reports wil result in all orders reporting trouble counting as a
miss in OP-5B. If a repair trouble report(s) is received for the same orders, the
number of orders counted as a miss in OP-5B for Network reasons wil be reduced
by the number of orders with repair troubles counted as a miss in OP-5A.
7.OP-5R will be counted on a per ticket basis.
8.Reporting wil begin at the time CLECs order the product, in any quantity, for three
consecutive months.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 45
OP.6 - Delayed Days
Purpose:
Evaluates the extent Qwest is late in installing services for customers, focusing on the average number of
days that late orders are comoleted bevond the committed due date.
Description:
OP-6A - Measures the average number of business days NOTE 1 that service is delayed beyond the
Applicable Due Date for non-facility reasons attibuted to Qwest.
. Includes all inward orders (Change, New, and Transfer order types) that are
completed/closed during the reporting period, later, due to non-facility reasons, than the
Applicable Due Date recorded by Qwest, subject to exclusions specified below.
OP-6B - Measures the average number of business days NOTE 1 that service is delayed beyond the
Applicable Due Date for facilty reasons attributed to Qwest.
. Includes all inward orders (Change, New, and Transfer order types) that are
completed/closed during the reporting period later due to facility reasons than the original
due date recorded by Qwest, subject to exclusions specified below.
.
.
For both OP-6A and OP-6B:
. Change order types for additional lines consist of "CO orders representing inward activity.
. The Applicable Due Date is the original due date or, if changed or delayed by the customer, the most
recently revised due date, subject to the following: If Qwest changes a due date for Qwest reasons,
the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsequent to the
original due date and (b) prior to a Qwest-initiated, changed due date, if any. NOTE 2
. Time intervals associated with customer-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest Qwest-
initiated due date, if any, following the Applicable Due Date, from the subsequent customer-initiated
due date, if anv. NOTE 2
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for products/services listed under Product Reporting under "MSA-type
CLEC aggregate, Disaggregation" wil be reported for OP-6A and OP-6B according to orders
individual CLEC involving:
and Qwest Retail 1. Dispatches within MSAs;
results 2. Dispatches outside MSAs; and
3. No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be disaggregated accrding to installations:
4. In Interval Zone 1 areas; and
5. In Interval Zone 2 areas.
.
Formula:
OP-6A = ¿((Actual Completion Date of late order for non-facilty reasons) - (Applicable Due Date of late
order) - (Time intervals associated with customer-initiated due date changes or delays
occurring after the Applicable Due Date)) + (Total Number of Late Orders for non-faciliy
reasons completed in the reporting period)
OP-6B = ¿((Actual Completion Date of late order for facility reasons) - (Applicable Due Date of late
order)) - (Time intervals associated with customer-initiated due date changes or delays
occurring after the Applicable Due Date) + (Total Number of Late Orders for facility reasons
completed in the reporting period).
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 46
.
.
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OP. 6 - Delayed Days (continued)
Exclusions:.Orders affected only by delays that are solely for customer and/or CLEC reasons..Disconnect, From (another form of disconnect) and Record order types..Records involving official company services..Records with invalid due dates or application dates..Records with invalid completion dates..Records with invalid product codes..Records missinQ data essential to the calculation of the measurement oer the PID.
Product Reportina:Standards:
MSA- Tvpe Disaaareaation -
.Resale
Residential sinQle line service Paritv with retail service
Business sinale line service Paritv with retail service
Centrex Paritv with retail service
Centrex 21 Parity with retail service
DSO (non-desiQned provisioninQ)Parity with retail service
PBX Trunks (non-desianed orovisionina)Paritv with retail service
Primary ISDN (non-desiQned provisionina)Parity with retail service
Basic ISDN (non-desiQned provisioninQ)Parity with retail service
.Unbundled Network Element - Platform Parity with I ike retail service
(UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element- Platform Parity with retail Centrex
(UNE-P) (Centrex).Line Splittina Parity with retail Res and Bus POTS
.Loop SplittinQ NOTE 3 Diagnostic
.Line SharinQ Parity with retail Res and Bus POTS
.Sub-Loop UnbundlinQ Diagnostic
Zone-tvoe Disacicireciation -.Resale
Primary ISDN (designed provisioninQ)Paritv with retail service
Basic ISDN (desiQned provisioninQ)Parity with retail service
DSO (desiQned proyisioninQ)Parity with retail service
DS1 Parity with retail service
PBX Trunks (desiQned provisioninQ)Paritv with retail service
DS3 and higher bit-rate services Parity with retail service
(aQQreQate)-
Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group 0 (aggregate)
.Unbundled Dedicated Interoffce Transport (UDIT)
UDIT - DS1 level Parity with retail DS1 Private Line- Service
UDIT - Above DS1 level Parity with retail Private Line- Services above DS1
level
Dark Fiber - IOF DiaQnostic.Unbundled Loops:
AnaloQ Loop Paritv with retail Res and Bus POTS with dispatch
Non-loaded Loop (2-wire)Parity with retail ISDN BRI ldesianed
Non-loaded Loop (4-wire)Parity with retail DS1 Private Line
DS1-capable Loop Parity with retail DS1 Private Line
xDSL-1 capable Loop Parity with retail ISDN BRI desianed
ISDN-capable Looo Paritv with retail ISDN BRI desianed
ADSL-aualified Loop Parity with retail ISDN BRI desianed
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private
(aggreQate)Line services laaareaate)
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 47
op. 6 - Delayed Days (continued)Dark Fiber - Loop Diaanostic. E911/911 Trunks Parity with retail E911/911 Trunks e.
. Enhanced Extended Loops (EELs) - (DSO Diagnostic .
level)
. Enhanced Extended Loops (EELs) - (DS1 OP-6A: Parity with retail DS1 Private Linelevel) OP-6B: Diagnostic
. Enhanced Extended Loops (EELs) - (DS3 Diagnostic
level)
Availabilty: Notes:
Available 1. For OP-6A-3 and OP-6B-3, Saturday is counted as a business day for
all orders for Resale Residence, Resale Business, and UNE-P
(POTS), as well as for the retail analogues specified above as
standards. For all other products under OP-6A-3 and OP-6B-3, and
for all products under OP-6A-1, -6A-2, -6A-4, -6A-5, -6B-1, -6B-2, -
6B-4, and -6B-5, Saturday is counted as a business day when the
service order is due or completed on Saturday.
2. According to this definition, the Applicable Due Date can change, per
successive customer-initiated due date changes or delays, up to the
point when a Qwest-initiated due date change occurs. At that point,
the Applicable Due Date becomes fixed (Le., with no further changes)
as the date on which it was set prior to the first Qwest-initiated due
date change, if any. Following the first Qwest-initiated due date
change, any further customer-initiated due date changes or delays are
measured as time intervals that are subtracted as indicated in the
formula. These delay time intervals are calculated as stated in the
description. (Though infrequent, in cases where multiple Qwest-
initiated due date changes occur, the stated method for calculating
delay intervals is applied to each pair of Qwest-initiated due date
change and subsequent customer-initiated due date change or delay. e
The intervals thus calculated from each pairing of Qwest and
customer-initiated due dates are summed and then subtracted as
indicated in the formula.) The result of this approach is that Qwest-
initiated impacts on intervals are counted in the reported interval, and
customer-initiated impacts on intervals are not counted in the reported
intervaL.
3. Reporting wil begin at the time CLECs order the product, in any
Quantity, for three consecutive months. .
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 48
.
.
.
OP.7 - Coordinated "Hot Cut" Interval- Unbundled Loop
Purpose:
Evaluates the duration of completing coordinated "hot cuts" of unbundled loops, focusing on the time
actuallv involved in disconnectina the loop from the Qwest network and connectina/testina the loop.
Description:
Measures the average time to complete coordinated "hot cuts" for unbundled loops, based on intervals
beginning with the "lift" time and ending with the completion time of Qwests applicable tests for the
loop..Includes all coordinated hot cuts of unbundled loops that are completed/closed during the
reporting period, subject to exclusions specified below.."Hot cut" refers to moving the service of existing customers from Qwests switch/frames to the
CLEC's equipment, via unbundled loops, that will serve the customers.."Lift" time is defined as when Qwest disconnects the existing loop.."Completion time" is defined as when Qwest completes the applicable tests after connecting the
loop to the CLEC.
Reporting Period: One month
I Unit of Measure: Hours and Minutes
Reporting Comparisons: CLEC Disaggregation Reporting: Statewide leveL.
aggregate and individual CLEC
results
Formula:
¿(Completion time - Lift time) + (Total Number of unbundled loops with coordinated cutovers
completed in the reporting period)
Exclusions:.Time intervals associated with CLEC-caused delays..Records missing data essential to the calculation of the measurement per the PID..Invalid startstop dates/times or invalid scheduled date/times.
Product Reporting: Coordinated Unbundled Standard:
Loops - Reported separately for:CO: 1 hour.Analog Loops All Other States: Diagnostic in light of OP-13.All other Loop Types (Coordinated Cuts On Time)
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 49
OP-8 - Number Portabilty Timeliness
Purpose:
Evaluates the timeliness of cutovers of local number portabilty (LNP).
Description:
OP-8B - LNP Timeliness with Loop Coordination (percentl: Measures the percentage of coordinated
LNP triggers set prior to the scheduled start time for the loop.
. All orders for LNP coordinated with unbundled loops that are completed/closed during
the reporting period are measured, subject to exclusions specified below.
OP-8C - LNP Timeliness without Loop Coordination (percent): Measures the percentage of LNP
triggers set prior to the Frame Due Time or scheduled start time for the LNP cutover as
applicable.
. All orders for LNP for which cordination with a loop was not requested that are
completed/closed during the reporting period are measured (including standalone LNP
coordinated with other than Qwest-provided Unbundled Loops and non-coordinated,
standalone LNP), subject to exclusions specified below.
. For purposes ofthese measurements (OP-8B and -8C), "trigger" refers to the "10-digit
unconditional trigger" or Line Side Attribute (LSA) that is set or translated by Qwest.
. "Scheduled start time" is defined as the confirmed appointmenttime (as stated on the FOC), or a
newly negotiated time. In the case of LNP cutovers coordinated with loops, the scheduled time
used in this measurement wil be no later than the "lay" time for the loop.
.
Reporting Period: One month Unit of Measure: Percent of triggers set on time
Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Statewide leveL.
individual CLEC results
Formula:
OP-8B = ((Number of LNP triggers set before the scheduled time for the coordinated loop cutover) +
(Total Number of LNP activations coordinated with unbundled loops completed)) x 100 .
OP-8C = ((Number of LNP triggers set before the Frame Due Time or Scheduled Start Time) + (Total
Number of LNP activations without loop cutovers completed))x 100
Exclusions:
. CLEC-caused delays in trigger setting.
. LNP requests that do not involve automatic triggers (e.g., DID lines without separate, unique
telephone numbers and Centrex 21).
. LNP requests for which the records used as sources of data for these measurements have the
following types of errors:
- Records with no PON (purchase order number) or STATE.
- Records where triggers cannot be set due to switch capabilties.
- Records with invalid due dates, application dates, or start dates.
- Records with invalid completion dates.
- Records missing data essential to the calculation of the measurement per the PID.
- Invalid startstop dates/times or invalid frame due or scheduled date/times.
Product Reporting: None Standard:95%
Availabilty:Notes:
Available
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 50
.
.
.
Op.13 - Coordinated Cuts On Time - Unbundled Loop
Purpose:
Evaluates the percentage of coordinated cuts of unbundled loops that are completed on time, focusing
on cuts completed within one hour of the committed order due time and the percent that were started
without CLEC aooroval.
Description:
. Includes all LSRs for coordinated cuts of unbundled loops that are completed/closed during the
reporting period, subject to exclusions specified below.
. OP-13A - Measures the percentage of LSRs (CLEC orders) for all coordinated cuts of unbundled
loops that are started and completed on time. For coordinated loop cuts to be counted as "on
time" in this measurement, the CLEC must agree to the start time, and Qwest must (1) receive
verbal CLEC approval before starting the cut or lifting the loop, (2) complete the physical work and
appropriate tests, (3) complete the Qwest portion of any associated LNP orders and (4) call the
CLEC with completion information, all within one hour of the time interval defined by the
committed order due time.
. OP-13B - Measures the percentage of all LSRs for coordinated cuts of unbundled loops that are
actually started without CLEC approval.
. "Scheduled start time" is defined as the confirmed appointment time (as stated on the FOC), or a
newly negotiated appointment time.
. The "committed order due time" is based on the number and type of loops involved in the cut and
is calculated by adding the applicable time interval from the following list to the scheduled start
time:
- Analog unbundled loops:1 to 16 lines: 1 Hour17 to 24 lines: 2 Hours
25+ lines: Project*
- All other unbundled loops:1 to 5 lines: 1 Hour
6 to 8 lines: 2 Hours
9 to 11 lines: 3 Hours12 to 24 lines: 4 Hours
25+ lines: Project*
*For Projects scheduled due dates and scheduled start times wil be negotiated between CLEC
and Qwest, but no committed order due time is established. Therefore, projects are not included
in OP-13A (see exclusion below).
. "Stop" time is defined as when Qwest notifies the CLEC that the Qwest physical work and the
appropriate tests have been successfully accomplished, including the Qwest portion of any
coordinated LNP orders.
. Time intervals following the scheduled start time or during the cutover process associated with
customer-caused delays are subtracted from the actual cutover duration.
. Where Qwests records of completed coordinated cut transactions are missing evidence of CLEC
approval of the cutover, the cut wil be counted as a miss under both OP-13A and OP-13B.
Reporting Period: One month I Unit of Measure: Percent
Reporting Comparisons: CLEC Disaggregation Reporting: Statewide leveL.
aggregate and individual CLEC Results for this measurement wil be reported according to:
results OP-13A Cuts Completed On Time
OP-13B Cuts Started Without CLEC Aooroval
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 51
OP-13 - Coordinated Cuts On Time - Unbundled Loop (continued)
Formula:
OP-13A = ((Count of LSRs for Coordinated Unbundled Loop cuts completed "On Time") + (Total
Number of LSRs for Coordinated Unbundled Loop Cuts completed in the reporting period))
x 100
OP-13B = ((Count of LSRs for Coordinated Unbundled Loo cuts whose actual start time occurs
without CLEC approval) + (Total Number of LSRs for Coordinated Unbundled Loop Cuts
completed in the reporting period)) x 100
Exclusions:
Applicable to OP-13A:
. Loop cuts that involve CLEC-requested non-standard methodologies, processes, or timelines.
OP-13A & OP-13B:
. Records with invalid completion dates.
. Records missing data essential to the calculation of the measurement per the PID which are not
otherwise designated to be "counted as a miss".
. Invalid startstop dates/times or invalid scheduled date/times.
. Projects involving 25 or more lines.
Product Reporting: Coordinated Unbundled
Loops - Reported separately for:
. Analog Loops
. All Other Loops
Standards:
OP-13A:
AZ: 90 Percent or more
All Other States: 95 Percent or more
Availabilty:
OP-13B: Diaanostic
Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 52
.
.
.
.
.
.
Op.15 - Interval for Pending Orders Delayed Past Due Date
Purpose:
Evaluates the extent to which Owests pending orders are late, focusing on the average number of days the
pend ina orders are delaved past the Applicable Due Date, as of the end of the reportina period.
Description:
OP-15A - Measures the average number of business days that pending orders are delayed beyond the
Applicable Due Date for reasons attributed to Owest.
· Includes all pending inward orders (Change, New, and Transfer order types) for which the Applicable
Due Date recorded by Owest has been missed, subject to exclusions specified below. Change order
types included in this measurement consist of all "C" orders representing inward activity.
· The Applicable Due Date is the original due date or, if changed or delayed by the customer, the most
recently revised due date, subject to the following: If Owest changes a due date for Owest reasons, the
Applicable Due Date is the customer-initiated due date, if any, that is ~a) subsequent to the original due
date and (b) prior to a Owest-initiated, changed due date, if any. NOTE
· Time intervals associated with customer-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest Owest-
initiated due date, if any, following the Applicable Due Date, from the subsequent customer-initiated due
date, if any. NOTE 1
OP-15B - Reports the number of pending orders measured in the numerator of OP-15A that were delayed
for Owest facility reasons.
Reporting Period: One month Unit of Measure:
OP-15A - Average Business Days NOTE
2
OP-15B - Number of orders oendina facilities
Disaggregation Reporting:
Statewide
Reporting Comparisons:
CLEC aggregate, individual CLEC, Owest retail
Formula:
OP-15A = ¿((Last Day of Reporting Period) - (Applicable Due Date of Late Pending Order) - (Time
intervals associated with customer-initiated due date changes or delays ocurring after the
Applicable Due Date)) + (Total Number of Pending Orders Delayed for Owest reasons as of the
last day of Reporting Period)
OP-15B = Count of pending orders measured in numerator of OP-15A that were delayed for Owest facility
reasons
Exclusions:
. Disconnect, From (another form of disconnect) and Record order types.
. Records involving official company services.
. Records with invalid due dates or application dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement per the PID.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 53
OP-15 -Interval for Pending Orders Delayed Past Due Date (continued)
Product Reporting:Standards: OP-15B = diagnostic only
For OP-15A:.Resale
Residential sinale line service Diaanostic Expectation: Paritv with retail service
Business sinale line service Diaanostic Expectation: Parity with retail service
Centrex Diaanostic Expectation: Paritv with retail service
Centex 21 Diaanostic Expectation: Parity with retail service
PBX Trunk Diaanostic Expectation: Parity with retail service)
Basic ISDN Diaanostic Expectation: Paritv with retail service
Primarv ISDN Diaanostic Expectation: Parity with retail service)
DSO Diaanostic (Expectation: Paritv with retail service)
DS1 Diai:nostic (Expectation: Parity with retail service)
DS3 and higher bit-rate services Diagnostic (Expectation: Parity with retail service)
(ai:i:rei:ate)
Frame Relay Diai:nostic (Expectation: Parity with retail service).Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail service)
(UNE-P) (POTS).Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail Centrex 21)
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail Centrex)
(UNE-P) (Centrex).Line Splitting Diagnostic (Expectation: Parity with retail Res and
Bus POTS).Loop Splittini: NOTE 3 Diagnostic
.Line Sharing Diagnostic (Expectation: Parity with retail Res and
Bus POTS).Sub-Loop Unbundlina Diagnostic
.LIS Trunks Diagnostic (Expectation: Parity with Feature Group 0
(aaareaate)) (separately reported).Unbundled Dedicated Interoffice Transport (UDIT)
UDIT - DS1 level Diagnostic (Expectation: Parity with DS1 Private
Line- Service)
UDIT - Above DS1 level Diagnostic (Expectation: Parity with Private Line-
Services above OS 1 level)
Dark Fiber - IOF Diaanostic.Unbundled Loops:
Analog Loop Diagnostic (Expectation: Parity with retail Res and
Bus POTS with disoatch)
Non-loaded Loop (2-wire)Diagnostic (Expectation: Parity with retail ISDN SRI
( desianed))
Non-loaded Loop T4-wireT Diai:nostic Expectation: Paritv with retail DS1)
DS1-capable Loop Diaanostic Expectation: Parity with retail DS1)
ISDN-capable Loop Diagnostic (Expectation: Parity with ISDN BRI
(desii:ned))
ADSL-qualified Loop Diagnostic (Expectation: Parity with retail ISDN BRI
(desianed))-
Loop types of DS3 or higher bit rate Diagnostic (Expectation: Parity with retail DS3 and
(aaareaate)hii:her bit-rate services (aaareaate)
Dark Fiber - Loop Diaanostic
.E911/911 Trunks Diagnostic (Expectation: Parity with retail E911/911
Trunks).Enhanced Extended Loops (EELs)Diagnostic
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 54
.
.
.
.
.
.
OP.15 -Interval for Pending Orders Delayed Past Due Date (continued)
Availabilty:
Available
Notes:
1. According to this definition, the Applicable Due Date can change, per
successive customer-initiated due date changes or delays, up to the point
when a Qwest-initiated due date change occurs. At that point, the Applicable
Due Date becomes fixed (i.e., with no further changes) as the date on which it
was set prior to the first Qwest-initiated due date change, if any. Following
the first Qwest-initiated due date change, any further customer-initiated due
date changes or delays are measured as time intervals that are subtracted as
indicated in the formula. These delay time intervals are calculated as stated
in the description. (Though infrequent, in cases where multiple Qwest-
initiated due date changes occur, the stated method for calculating delay
intervals is applied to each pair of Qwest-initiated due date change and
subsequent customer-initiated due date change or delay. The intervals thus
calculated from each pairing of Qwest and customer-initiated due dates are
summed and then subtracted as indicated in the formula.) The result of this
approach is that Qwest-initiated impacts on intervals are counted in the
reported interval, and customer-initiated impacts on intervals are not counted
in the reported intervaL.
2. For OP-15A, Saturday is counted as a business day for all non-dispatched
orders for Resale Residence, Resale Business, and UNE-P (POTS), as well
as for non-dispatched orders in the retail analogues specified above as
standards. For all other non-dispatched products and for all dispatched
products under OP-15A, Saturday is not counted as a business day.
3. Reporting wil begin at the time CLECs order the product, in any quantity, for
three consecutive months.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 55
OP-17 - Timeliness of Disconnects associated with LNP Orders~~~ .
Evaluates the quality of Qwest completing LNP telephone number porting, focusing on the degree to
which portinr¡ occurs without implementing associated disconnects before the scheduled time/date.
Description:
OP-17A
. Measures the percentage of all LNP telephone numbers (TNs), both stand alone and associated with
loops, that are ported without the incidence of disconnects being made by Qwest before the
scheduled time/date, as identified by associated qualifing trouble reports.
- Focuses on disconnects associated with timely CLEC requests for delaying the disconnects or no
requests for delays.
- The scheduled time/date is defined as 11 :59 p.m. on (1) the due date of the LNP order recorded
by Qwest or (2) the delayed disconnect date requested by the CLEC, where the CLEC submits a
timely request for delay of disconnection.
- A CLEC request for delay of disconnection is considered timely if received by Qwest before 8:00
p.m. MT on the current due date of the LNP order recorded by Qwest.
OP-17B
. Measures the percentage of all LNP telephone numbers (TNs), both stand alone and associated
with loops, that are ported without the incidence of disconnects being made by Qwest before the
scheduled time/date, as identified by associated qualifying trouble reports.
- Includes only disconnects associated with untimely CLEC requests for delaying the
disconnects.
- A CLEC request for delay of disconnection is considered "untimely" if received by Qwest
after 8:00 p.m. MT on the current due date of the LNP order recorded by Qwest and before
12:00 p.m. MT (noon) on the day after the current due date.
. Disconnects are defined as the removal of switch translations, including the 1 O-digit trigger.
. Disconnects that are implemented early, and thus counted as a "miss" under this measurement, are
those that the CLEC identifies as such to Qwest via trouble reports, within four calendar days of the .
actual disconnect date, that are confirmed to be caused by disconnects being made before the
scheduled time.
. Includes all CLEC orders for LNP TNs completed in the reporting period, subject to exclusions
soecified below.Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC Aggregate Disaggregation Reporting: Statewide
and Individual CLEC
Formula:
((Total number of LNP TNs ported pursuant to orders completed in the reporting period - Number of TNs
with qualifying trouble reports notifying Qwest that disconnection before the scheduled time has occurred)
+ Total Number of LNP TNs ported pursuant to orders completed in the reporting period) x 100
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 56
.
.
.
OP-17 - Timeliness of Disconnects associated with LNP Orders (continued)
Exclusions:
OP.17A only
. Trouble reports notifying awest of early disconnects associated with situations for which the CLEC
has failed to submit timely requests to have disconnects held for later implementation.
OP.17A& B
. Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects.
. LNP requests that do not involve automatic triggers (e.g., DID lines without separate, unique TNs,
and Centrex 21 ).
· Records with invalid trouble receipt dates.
· Records with invalid cleared, closed or due dates.
· Records withinvalid product codes.
· Records missing data essential to the calculation of the measurement per the PID.
OP.17B only
. Trouble reports notifying awest of early disconnects associated with situations for which the CLEC
did not submit its untimely requests by 12:00 p.m. MT(noon) on the day after the LNP due date to
have disconnects held for later implementation.
Product Reporting: LNP Standards:
OP-17 A - 98.25%
OP-17B - Diagnostic only, in light of its measuring
only requests for delay of disconnect
that are defined as untimelv.
Availabilty:Notes:
Available
awest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 57
Maintenance and Repair .
MR-2 - Calls Answered within 20 Seconds - Interconnect Repair Center
Purpose:
Evaluates Customer access to Qwests Interconnection and/or Retail Repair Center(s), focusing on
the number of calls answered within 20 seconds.
Description:
Measures the percentage of Interconnection and/or Retail Repair Center calls answered within 20
seconds of the first ring..Includes all calls to the Interconnect Repair Center during the reporting period, subject to
exclusions specified below..First ring is defined as when the customer's call is first placed in queue by the ACD (Automatic
Call Distributor)..Answer is defined as when the call is first picked up by the Qwest agent..Abandoned calls and busv calls are counted as calls which are not answered within 20 seconds.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Region-wide leveL.
Qwest Retail levels.
Formula:
((Total Calls Answered by Center within 20 seconds) + (Total Calls received by Center)) x 100
Exclusions: Time spent'iri the VRU (Voice Response Unit) is not counted.
Product Reporting: None Standard: Parity
Availabilty:Notes:
Available
.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 58
.
.
.
MR.3 - Out of Service Cleared within 24 Hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of-
service trouble reports were cleared within the standard estimate for specified services (Le., 24 hours
for out-of-service conditions).
Description:
Measures the percentage of out of service trouble reports, involving specified services, that are
cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers.
. Includes all trouble reports, closed during the reporting period, which involve a specified service
that is out-of-service (Le., unable to place or receive calls), subject to exclusions specified below.
. Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date
and time trouble is cleared.Reporting Period: One month I Unit of Measure: Percent
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type
CLEC aggregate, Disaggregation" wil be disaggregated and reported according to trouble
individual CLEC reports involving:
and Qwest Retail MR-3A Dispatches within MSAs;
results MR-3B Dispatches outside MSAs; and
MR-3C No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be disaggregated according to trouble reports involving:
MR-3D In Interval Zone 1 areas; and
MR-3E In Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24
hours) + (Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100
Exclusions:
. Trouble reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type disaggregation),
trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE,
Customer Instruction, Carrier, Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and
Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
· Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type Disaggregation".
· For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
· Records involving offcial company services.
. Records with invalid trouble receipt dates.
· Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement Der the PID.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 59
MR.3 - Out of Service Cleared within 24 Hours (Continued)
Product Reporting:Standards:
MSA- TYDe Disaaareaation -.Resale
Residential sinole line service Parity with retail service
Business sinale line service Parity with retail service
Centrex Parity with retail service
Centrex 21 Parity with retail service
PBX Trunks Parity with retail service
Basic ISDN Parity with retail service.Unbundled Network Element - Platform Parity with appropriate retail service
(UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex
(UNE-P) (Centrex).Line Solittina Parity with retail RES and BUS POTS
.Loop Splittina NOTE 1 Diagnostic
.Line Sharing Parity with retail RES and BUS POTS
.Sub-Loop Unbundling CO: Parity with retail ISDN-BRI
All Other States: Diaonostic
Zone-tYDe Disaaareaation-.Unbundled Looos
Analoo Loop Parity with retail Res and Bus POTS
Non-loaded Looo l2 wire)Parity with retailISDN-BRI (desianed)
xDSL-1 caoable Looo Paritv with retail DS1 Private Line
ISDN-caoable Looo Parity with ISDN-BRI (desianed)
ADSL-Qualified Looo Paritv with retaillSDN-BRI (desioned)
Availabilty:Notes:
Available 1.Reporting wil begin at the time CLECs order
the product, in any quantity, for three
consecutive months.
Owest Idaho SGAT Third Revision. Eighth Amended Exhibit B June 26,2007 Page 60
.
.
.
.
.
.
MR.4 - All Troubles Cleared within 48 hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on trouble reports of all types (both out
of service and service affecting) and on the number of such trouble reports cleared within the standard
estimate for specified services (Le., 48 hours for service-affectina conditions).
Description:
Measures the percentage of trouble reports, for specified services, that are cleared within 48 hours of
receipt of trouble reports from CLECs or from retail customers.
. Includes all trouble reports, closed during the reporting period, which involve a specified service,
subject to exclusions specified below.
. Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date
and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Percent
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for producUservices listed in Product Reporting under "MSA-Type
CLEC aggregate, Disaggregation" wil be disaggregated and reported according to trouble
individual CLEC reports involving:
and Qwest Retail MR-4A Dispatches within MSAs;
results MR-4B Dispatches outside MSAs; and
MR-4C No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be disaggregated according to trouble reports involving:
MR-4D In Interval Zone 1 areas; and
MR-4E In Interval Zone 2 areas
Formula:
((Total Trouble Reports closed in the reporting period that are cleared within 48 hours) + (Total Trouble
Reports closed in the reporting period)) x 100
Exclusions:
· Trouble reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type disaggregation),
trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE,
Customer Instruction, Carrier, Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and
Customer Provided Equipment (CPE).
· Subsequent trouble reports of any trouble before the original trouble report is closed.
· Information tickets generated for internal Qwest system/network monitoring purposes.
· Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
· Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
· Records involving official company services.
· Records with invalid trouble receipt dates.
· Records with invalid cleared or closed dates.
· Recordswith invalid product codes.
· Records missina data essential to the calculation of the measurement per the PID.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 61
MR.4 - All Troubles Cleared within 48 Hours (Continued)
Product ReDortina:Standards:
MSA- Tvne Disaooreoation -.Resale
Residential sinale line service Parity with retail service
Business sinale line service Parity with retail service
Centrex Parity with retail service
Centrex 21 Parity with retail service
PBX Trunks Parity with retail service
Basic ISDN Parity with retail service
.Unbundled Network Element - Platform Parity with appropriate retail service
(UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex
(UNE-P) (Centrex).Line Splittina Parity with retail RES and BUS POTS
.Loop Splittina NUTE 1 Diagnostic
.Line Sharina Parity with retail RES and BUS POTS
.Sub-Loop Unbundlina Diagnostic
Zone- Tvne Disaooreoation -
.Unbundled Looos:
Analoa Loop Parity with retail Res and Bus POTS
Non-loaded Looo (2 wire)Parity with retaillSDN-BRI (desianed)
xDSL-1 capable Loop Paritv with retail DS1 Private Line
ISDN-caoable Looo Parity with retail ISDN-BRI (desianed)
ADSL-aualified Loop Paritv with retailISDN-BRI (desianed)
Availabilty:Notes:
Available 1.Reporting wil begin at the time CLECs order
the product, in any quantity, for three
consecutive months.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 62
.
.
.
.
.
.
MR-5 - All Troubles Cleared within 4 hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on all trouble reports of all types
(including out of service and service affecting troubles) and on the number of such trouble reports
cleared within the standard estimate for specified services (i.e., 4 hours).
Description:
Measures the percentage of trouble reports for specified services that are cleared within 4 hours of
receipt of trouble reports from CLECs or from retail customers.
. Includes all trouble reports, closed during the reporting period, which involve a specified service,
subject to exclusions specified below.
. Time measured is from date and time that awest is first notified of the trouble by CLEC to date and
time trouble is cleared.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons:
CLEC aggregate, individual
CLEC and awest Retail results
Disaggregation Reporting: Statewide leveL.
Results for listed products will be disaggregated according to trouble
reports:
MR-5A In Interval Zone 1 areas; and
MR-5B In Interval Zone 2 areas.
Formula:
((Number of Trouble Reports closed in the reporting period that are cleared within 4 hours) + (Total
Trouble Reports closed in the reporting period)) x 100
Exclusions:
. Trouble reports coded as follows:
- For products measured using WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and
Customer Provided Equipment (CPE).
· Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal awest system/network monitoring purposes.
· Time delays due to "no access" are excluded from repair time.
· Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving official company services.
· Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the PID.
awest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 63
MR-5 - All Troubles Cleared within 4 hours (continued)
Product Reporting:Standards:
Zone-Type Disaggregation -.Resale
Primary ISDN Parity with retail service
DSO Parity with retail service
DS1 Parity with retail service
DS3 and higher bit-rate services Parity with retail service
(aaareaate)-
Frame Relay Parity with retail service
.LIS Trunks Parity with Feature Group D (aggregate)
.Unbundled Dedicated Interoffice Transport (UDIT)
UDIT - DS1 level Paritv with DS 1 Private Line Service
UDIT - Above DS1 level I Parity with Private Line Services above DS1 level.Unbundled Loops:
Non-loaded LOOD 14-wirJ Parity with retail DS 1
DS1-capable LOOD Paritv with retail DS 1
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate .services
(aaareaate)(aggreaate).E911/911 Trunks Parity with retail E911/911 Trunks
.Enhanced Extended Loops (EELs) - (DSO Diagnostic
level).Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line
level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic
level)
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 64
.
.
.
.
.
.
MR-6 - Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusing how long it takes to restore services to proper operation.
Description:
Measures the time actually taken to clear trouble reports.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified below.
. Includes customer direct reports, customer-relayed reports, and test assist reports that result in a
trouble report.
. Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and
time trouble is cleared.
Reporting Period: One month I Unit of Measure: Hours and Minutes
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type
CLEC aggregate, Disaggregation" wil be reported according to trouble reports involving:
individual CLEC MR-6A Dispatches within MSAs;
and Qwest Retail MR-6B Dispatches outside MSAs; and
results MR-6C No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be disaggregated according to trouble reports involving:
MR-6D In Interval Zone 1 areas; and
MR-6E In Interval Zone 2 areas.
Formula:
L((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) + (Total number of
Trouble Reports closed in the reporting period)
Exclusions:
· Trouble reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the
Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer
Instruction, Carrier, Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and
Customer Provided Equipment (CPE).
· Subsequent trouble reports of any trouble before the original trouble report is closed.
. Trouble reports from MTAS or WFA that are coded as No Trouble Found or Test Okay and with
durations of less than or equal to 1 hour.
· Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
· Records involving offcial company services.
· Records with invalid trouble receipt dates.
· Records with invalid cleared or closed dates.
. Records with invalid product codes.
· Records missinQ data essential to the calculation of the measurement per the PID.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 65
MR.6 - Mean Time to Restore (Continued)
Product Reøorting:Standards:
MSA. Tvne Disaaareaation ..Resale
Residential sinale line service Parity with retail service
Business sinale line service Parity with retail service
Centrex Parity with retail service
Centrex 21 Parity with retail service
PBX Trunks Parity with retail service
Basic ISDN Paritv with retail service.Unbundled Network Element - Platform Parity with like retail service
(UNE-P) (POTS).Unbundled Network. Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex
(UNE-P) (Centrex).Line Splittina Parity with retail RES and BUS POTS
.Loop Splittina NOTE 1 Diagnostic
.Line Sharing Parity with retail RES and BUS POTS
.Sub-Loop Unbundling CO: Parity with retail ISDN-BRI
All Other States: Diaanostic
Zone. TVDe Disaaareaation ..Resale
Primary ISDN Parity with retail service
DSO Parity with retail service
DS1 Parity with retail service
DS3 and higher bit-rate services Parity with retail service
(aaareaate f
Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group D (aggregate)
.Unbundled Dedicated Interoffice Transport (UDIT)
UDIT - DS1 level Parity with retail DS1 Private Line
UDIT -Above DS1 level Parity with retail Private Lines above DS1 level
Dark Fiber "- IOF Diaanostic.Unbundled LOODS:
Analoa Loop Parity with retail Res and Bus POTS
Non-loaded LOOD l2-wire)Parity with retail ISDN BRI ldesianedT
Non-loaded Loop (4-wire)Parity with retail DS1 Private Line
DS1-capable Loop Paritv with retail DS1 Private Line
xDSL-1 capable LOOD Parity with retail DS1 Private Line
ISDN-capable Loop Parity with retail ISDN BRI (desianed)
ADSL-aualified LOOD Parity with retail ISDN BRI (desianed)
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private
(aaareaate)Line services (aaareaate)
Dark Fiber - Loop Diaanostic
.E911/911 Trunks Parity with retail E911/911 Trunks
.Enhanced Extended Loops (EELs) - (DSO Diagnostic
level)
.Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line
level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic
level)
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 66
.
.
.
.
.
.
MR.6 - Mean Time to Restore (Continued)Availabilty: Notes:
Available 1. Reporting wil begin at the time CLECs order
the product, in any quantity, for three
consecutive months.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 67
MR-7 - Repair Repeat Report Rate
Purpose:
Evaluates the accuracy of repair actions, focusing on the number of repeated trouble reports received
for the same line/circuit within a specified period (30 calendar davst
Description:
Measures the percentage of trouble reports that are repeated within 30 days on end user lines and
circuits.
. Includes all trouble reports closed during the reporting period that have a repeated trouble report
received within thirty (30) days of the initial trouble report for the same service (regardless of
whether the report is about the same type of trouble for that service), subject to exclusions
specified below.
. In determining same service Owest wil compare the end user telephone number or circuit access
code of the initial trouble reports closed during the reporting period with reports received within 30
days of when the initial trouble report closed.
. Includes reports due to Owest network or system causes, customer-direct and customer-relayed
reports.
. The 30-day period applied in the numerator of the formula below is from the date and time that the
initial trouble report is closed to the date and time that the next, or "repeat" trouble report is
received (Le., opened).
.
.
Reporting Period: One month, reported in Unit of Measure: Percent
arrears (Le., results first appear in reports one
month later than results for measurements that
are not reported in arrears), in order to cover the
30-day period following the initial trouble report.
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for producVservices listed in Product Reporting under "MSA-Type
CLEC Disaggregation" will be reported accrding to trouble reports involving:
aggregate, MR-7A Dispatches within MSAs;
individual MR-7B Dispatches outside MSAs; andCLEC and MR-7C No dispatches.
Owest Retail . Results for products/services listed in Product Reporting under "Zone-type
results Disaggregation" will be disaggregated according to trouble reports involving:
MR-7D In Interval Zone 1 areas; and
MR-7E In Interval Zone 2 areas.
.
Formula:
((Total trouble reports closed within the reporting period that had a repeated trouble report received
within 30 calendar days of when the initial trouble report closed) + (Total number of Trouble Reports
Closed in the reporting period)) x 100
Exclusions:
. Trouble reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type disaggregation),
trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Owest (includes CPE,
Customer Instruction, Carrier, Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed forZone-
type disaggregation) trouble reports coded to trouble codes for Carrier Action (lEG) and
Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Owest system/network monitoring purposes.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.. Records involving official company services. .
. Records with invalid trouble receipt dates.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 68
.
.
.
MR.7 - Repair Repeat Report Rate (Continued)
.Records with invalid cleared or closed dates..Records with invalid product codes..Records missina data essential to the calculation of the measurement per the PID.
Product Reporting:Standards:
MSA- TVDe Disaaareaation -.Resale
Residential sinale line service Parity with retail service
Business sinQle line service Parity with retail service
Centrex Parity with retail service
Centrex 21 Parity with retail service
PBX Trunks Parity with retail service
Basic ISDN Paritv with retail service.Unbundled Network Element - Platform Parity with like retail service
(UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).
.Unbundled Network Element - Platform (UNE-Parity with retail Centrex
P) (Centrex).Line Splitting Parity with retail Res and Bus POTS
.Loop Splitting NUll: 1 Diagnostic
.Line Sharing AZ & CO: Parity with retail Res and Bus POTS
All Other States: Diagnostic Comparison with
retail Res and Bus POTS.Sub-Loop Unbundling CO: Parity with Retail ISDN-BRI
All Other States: DiaQnostic
Zone- TVDe Disaaareaation -.Resale
Primary ISDN Parity with retail service
DSO Parity with retail service
DS1 Parity with retail service
DS3 and higher bit-rate services Parity with retail service
(aQQreQate f
Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group D (aggregate).Unbundled Dedicated Interoffice Transport (UDIT)
UDIT - DS1 level Parity with retail DS1 Private Line
UDIT -Above DS11evei Paritv with retail Private Lines above DS 1 level
Dark Fiber - IOF DiaQnostic.Unbundled Loops:
Analoa Loop Parity with retail Res and Bus POTS
Non-loaded Loop (2-wire)Parity with retail ISDN BRI (desiQned)
Non-loaded Loop (4-wire)Parity with retail DS1 Private Line
DS 1-capable Loop Parity with retail DS1 Private Line
xDSL-1 capable Loop Parity with retail DS1 Private Line
ISDN-capable Loop Parity with retail ISDN BRI (desianed)
ADSL-Qualified Loop Parity with retail ISDN BRI (designed)
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private
(aaareaate)Line services (aaareaate)
Dark Fiber - Loop DiaQnostic.E911/911 Trunks Parity with retail E911/911 Trunks
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 69
MR.7 - Repair Repeat Report Rate (Continued)
.Enhanced Extended Loops (EELs) - (DSO Diagnostic
level).Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line
level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic
level)
Availabilty:Notes:
Targeted availabilty with July 2004 1.Reporting wil begin at the time CLECs order
results reported in September 2004 the product, in any quantity, for three
consecutive months.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 70
.
.
.
.
.
.
MR.8 - Trouble Rate
Purpose:
Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or
element.
Description:
Measures trouble reports by product and compares them to the number of lines in service..Includes all trouble reports closed during the reporting period, subject to exclusions specified
below..Includes all applicable trouble reports, including those that are out of service and those that are
only service-affecting.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: Statewide leveL.
individual CLEC and Qwest Retail results
Formula:
((Total number of trouble reports closed in the reporting period involving the specified service
grouping) + (Total number of the specified services that are in service in the reporting period)) x 100
Exclusions:.Trouble reports coded as follows:-For products measured from MTAS data, trouble reports coded to disposition codes for:
Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous
- Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider).-For products measured from WFA data trouble reports coded to trouble codes for Carrier
Action (IEC) and Customer Provided Equipment (CPE)..Subsequent trouble reports of any trouble before the original trouble report is closed..Information tickets generated for internal Qwest system/network monitoring purposes..Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete..Records involving official company services..Records with invalid trouble receipt dates..Records with invalid cleared or closed dates..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 71
MR-8 - Trouble Rate (continued)
Product Reporting:Standards:
.Resale
Residential single line service Parity with retail service
Business single line service Parity with retail service
Centrex Parity with retail service
Centrex 21 Parity with retail service
PBX Trunks Parity with retail service
Basic ISDN Parity with retail service
Primarv ISDN Parity with retail service
DSO Parity with retail service
DS1 Parity with retail service
DS3and higher bit-rate services Parity with retail service
(aggregate f
Frame Relav Parity with retail service.Unbundled Network Element - Platform Parity with like retail service
(UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element -Parity with retail Centrex
Platform(UNE-P) (Centrex)
.Line Splitting Parity with retail RES and BUS POTS
.Loop Splittina NOTE 1 Diagnostic
.Line Sharing Parity with retail RES and BUS POTS
.Sub-Loop Unbundling CO: Parity with retail ISDN-BRI
All Other States: Diagnostic.LIS Trunks Parity with Feature Group 0 (aggregate)
.Unbundled Dedicated Interoffice Transport (UDIT)
UDIT - DS1 level Parity with retail DS1 Private Line Service
UDIT -Above DS1 level Parity with retail Private Lines above DS1 level
Dark Fiber - IOF Diaanostic.Unbundled Loops:
Analog Loop Parity with retail Res and Bus POTS
Non-loaded Loop (2-wire) Parity with retail ISDN BRI (desianed)
Non-loaded LOOD (4-wire)Paritv with retail DS1 Private Line
OS 1-capable LOOD Parity with retail DS1 Private Line
xDSL-1 caDable LOOD Paritv with retail DS1 Private Line
ISDN-capable LOOD Paritv with retail ISDN BRI (designed)
ADSL-aualified LOOD Parity with retail ISDN BRI (desianed)
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services
(aggregate)(aggreaate)
Dark Fiber - LOOD Diagnostic.E911/911 Trunks Parity with retail E911/911 Trunks
.Enhanced Extended Loops (EELs) - (DSO Diagnostic
level).Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line
level)
.Enhanced Extended Loops (EELs) - (DS3 Diagnostic
level)
Qwest IdahoSGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 72
.
.
.
.
.
.
MR.8 - Trouble Rate (continued)
Availabilty:
Available
Notes:
1. Reporting wil begin at the time CLECs order
the product, in any quantity, for three
consecutive months.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 73
MR.9 - Repair Appointments Met~~~ .
Evaluates the extent to which Qwest reoairs services for Customers bv the aooointment date and time.
Description:
Measures the percentage of trouble reports for which the appointment date and time is met.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified
below.
. Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date
and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Percent
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: CLEC Results for listed services wil be disaggregated and reported
aggregate, individual according to trouble reports involving:
CLEC and Qwest Retail MR-9A Dispatches within MSAs;
results MR-9B Dispatches outside MSAs; and
MR-9C No dispatches.
Formula:
((Total Trouble Reports Cleared by appointment date and time) + (Total Trouble Reports Closed in the
Reporting Period)) x 100
Exclusions:
. Trouble reports coded as follows:
- For products measured from MTAS data, trouble reports coded to disposition codes for:
Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous
- Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes. .
. Time delays due to "no access" are excluded from repair time by using the rescheduled
appointment time to determine if the repair appointment is met.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement oer the PID.Product Reporting: Standard: Parity
Resale:
Residential single line service
Business single line service
Centrex
Centrex 21
PBX Trunks
Basic ISDN
Unbundled Elements - Platform (UNE-P)
(POTS)Availabilty: Notes:
Available
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 74
.
.
.
MR-10 - Customer and Non-Qwest Related Trouble Report
Purpose:
Evaluates the extent that trouble reports were customer related, and provides diagnostic information
to help address potential issues that might be raised by the core maintenance and repair performance
indicators.
Description:
Measures the percentage of all trouble reports that are attributed to the customer as a percentage of
all trouble reports resolved during the reporting period, subject to exclusions specified below.
Includes trouble reports closed during the reporting period coded as follows:.For products measured from MTASdata, trouble reports coded to disposition codes for: Customer
Action; Non-Telco Plant, Trouble Beyond the Network Interface; and Miscellaneous - Non-
Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider) and trouble
reports involving a "no access" delay for MSA type disaggregated products..For products measured from WFA (Workforce Administration) data trouble reports coded to
trouble codes for Carrier Action (IEC) and Customer Provided Eauipment (CPE).
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: Statewide leveL.
individual CLEC and Qwest Retail results
Formula:
((Number of Trouble Reports coded to disposition codes specified above) + (Total Number of Trouble
Reports Closed in the Reporting Period)) x 100
Exclusions:.Subsequent trouble reports of any trouble before the original trouble report is closed.Information tickets generated for internal Qwest system/network monitoring purposes..Records involving official company services..Records with invalid trouble receipt dates..Records with invalid cleared or closed dates..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID..Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 75
MR.10 Customer and Non.Qwest Related Trouble Report (continued)
Product Reoortina:Standards:.Resale
Residential sinQle line service Diaanostic
Business sinale line service Diaanostic
Centrex Diaanostic
Centrex 21 Diaanostic
PBX Trunks Diaanostic
Basic ISDN Diaanostic.Unbundled Network Element - Platform Diagnostic
(UNE-P) (POTS).Unbundled Network Element - Platform Diagnostic
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Diagnostic
(UNE-P) (Centrex).Resale
Primary ISDN Diaanostic
DSO Diaanostic
DS1 Diaanostic
DS3 and higher bit-rate services Diagnostic
(aggreQate)
Frame Relav DiaQnostic.LIS Trunks Diagnostic
.Unbundled Dedicated Interoffice TransDort (UDln .
UDIT - DS1 level DiaQnostic
UDIT - Above DS1 level Diaanostic.Unbundled Loops:
Analoa Looo Diaanostic
Non-loaded Loop (2-wire)Diaanostic
Non-loaded Looo (4-wire)Diaanostic
OS 1-caoable Looo Diaanostic
xDSL-1 caoable Looo Diaanostic
ISDN-capable Loop Diaanostic
ADSL-aualified Looo DiaQnostic
Loop types of DS3 and higher bit-rates Diagnostic
(aQQreQate).E911/911 Trunks Diagnostic
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 76
.
.
.
.
.
.
MR.11 - LNP Trouble Reports Cleared within Specified Timeframes
Purpose:
Evaluates timeliness of clearing LNP trouble reports, focusing on the degree to which residence and
business, disconnect-related, out-of-service trouble reports are cleared within four business hours and all
LNP-related trouble reports are cleared within 48 hours.
Description:
MR-11A: Measures the percentage of specified LNP-only (Le., not unbundled-loop), residence and
business, out-of-service trouble reports that are cleared within four business hours of Qwest
receiving these trouble reports from CLECs.
. Includes only trouble reports that are received on or before the currently-scheduled due date
of the actual LNP-related disconnect time/date, or the next business day, that are confirmed
to be caused by disconnects being made before the scheduled time, and that are closed
during the reporting period, subject to exclusions specified below.
MR-11 B: Measures the percentage of specified LNP-only trouble reports that are cleared within 48 hours
of Qwest receiving these trouble reports from CLECs.
. Includes all LNP-only trouble reports, received within four calendar days of the actual LNP-
related disconnect date and closed during the reporting period.
. The "currently-scheduled due date/time" is the original due date/time established by Qwest in
response to CLEC/customer request for disconnection of service ported via LNP or, if CLEC submits
to Qwest a timely or untimely request for delay of disconnection, it is the CLEC/customer-requested
later date/time.
. A request for delay of disconnection is considered timely if received by Qwest before 8:00 p.m. MT
on the due date that Qwest has on record at the time of the request.
. A request for delay of disconnection is considered untimely if received by Qwest after 8:00 p.m. MT
on the due date and before 12:00 p.m. MT (noon) on the day after the due date
. Time measured is from the date and time Qwest receives the trouble report to the date and time
trouble is cleared.Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC Aggregate and
Individual CLEC
Disaggregation Reporting: Statewide level (all are
"non-dispatched").
Formula:
MR-11A = ((Number of specified out-of-service LNP-only Trouble Reports, for LNP-related troubles
confirmed to be caused by disconnects, that Qwest executed before the currently-scheduled
due date/time, that were closed in the reporting period and cleared within four business
hours) + (Total Number of specified out of service LNP-only Trouble Reports for LNP-related
troubles confirmed to be caused by disconnects that Qwest executed before the currently-
scheduled due date/time, that were closed in the reporting period)) x 100
MR-11 B = ((Number of specified LNP-only Trouble Reports closed in the reporting period that were
cleared within 48 hours) + (Total Number of specified LNP-only Trouble Reports closed in the
reporting period)) x 100
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 77
MR-11 - LNP Trouble Reports Cleared within Specified Timeframes (Continued)
Exclusions:. Trouble reports attributed to customer or non-Qwest reasons .
. Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects.
. Subsequent trouble reports of LNP trouble before the original trouble report is closed.
. For MR-11 B only: Trouble reports involving a "no access" delay.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Records involving official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement-oer the PID.
Product Reporting: LNP Standards:
MR-11A:
. If OP-17 result meets its standard, the MR-11A standard is Diagnostic.
. If OP-17 result does not meet its standard, the MR-11A standard is as
follows:
- For 0-20 trouble reports*: No more than 1 ticket cleared in :: four
business hours
- For:: 20 trouble reports*: The lesser of 95% or Parity with MR-3C
results for Retail Residence and Business
MR-11B:
. For 0-20 trouble reports**: No more than 1 ticket cleared :: 48 hours
. For :: 20 trouble reports**: The lesser of 95% or Parity with MR-4C
results for Retail Residence and Business
* Based on MR-11A denominator.
**Based on MR-11B denominator..
Availabilty:
Available
Notes:~
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 78
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Biling
81.1 - Time to Provide Recorded Usage Records
Purpose:
Evaluates the timeliness with which Qwest provides recorded daily usage records to CLECs.
Description:
Measures the average time interval from date of recorded daily usage to date usage records are
transmitted or made available to CLECs as applicable.
BI-1A - Measures recorded daily usage for UNEs and Resale and includes indust~ standard
electronically transmitted usage recrds for feature group switched access,N TE 1 local
measured usage, local message usage, toll usage, and local exchange service components
priced on a per-use basis, subject to exclusions specified below.
BI-1 B - Measures the percent of recorded daily usage for Jointly provided switched access provided
within four days. This includes usage created by the CLEC and Qwest or IXC providing
access, usually via 2-way Feature Group X trunk groups for Feature Group A, Feature Group
B, Feature Group D, Phone to Phone IP Telephony, axx access, and 900 access and their
successors or similar Switched Access services.
BI-1C - Provides separate reporting for two elements captured in BI-1A above, as follows:
. BI-1C-1 - Measures recorded daily usage for UNEs and Resale and includes industry
standard electronically transmitted usage records for feature group switched access, NOTE 1
subject to exclusions specified below.
. BI-1C-2 - Measures recorded daily usage for UNEs and Resale and includes industry
standard electronically transmitted usage records for local measured usage, local
message usage, toll usage, and local exchange service components priced on a per-use
basis, subject to exclusions specified below.Reporting Period: One month Unit of Measure:
BI-1A, BI-1C-1, BI-1C-2: Average Business DaysBI-1B: Percent
Reporting Comparisons: CLEC aggregate, Disaggregation Reporting: State leveL.
individual CLECs, and Qwest Retail results
Formula:
BI-1A, BI-1C-1, BI-1C-2 (for specified products & records) = L(Date Record Transmitted or made
available - Date Usage Recorded) + (Total number of records)
BI-1 B = ((# of daily usage records for Jointly provided switched access sent within four days) + (Total
daily usage records for Jointly provided switched access in the report period)) x 100
Exclusions:
. Instances where the CLEC requests other than daily usage transmission or availabilty.
. Duplicate records.
Product Reporting:
. UNEs and Resale
. Jointly-provided Switched Access
Standards:
BI-1A: Parity with Qwest retaiL.
BI-1 B: 95% within 4 business days
BI-1 C-1, BI-1 C-2: Diagnostic Comparison with the
Qwest Retail results used in standard for
BI-1A
Availabilty:
Available
Notes:
1. "Feature group switched access" includes all
type 11 OXX detail records for Feature
Groups A, B, C, and D.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 79
81-2 - Invoices Delivered within 10 Days
Purpose:
Evaluates the timeliness with which Qwest delivers industry standard electronically transmitted bills to
CLECs, focus ina on the oercent delivered within ten calendar days.
Description:
Measures the percentage of invoices that are delivered within ten days, based on the number of days
between the bil date and bil delivery..Includes all industry standard electronically transmitted invoices for local exchange services and
toll, subject to exclusions soecified below.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: Combined Qwest Disaggregation Reporting: State level
Retail/CLEC results (Parity by design)
Formula:
((Count of Invoices for which Bill Transmission Date to Bil Date is ten calendar days or less) + (Total
Number of Invoices)) x 100
Exclusions:.Bils transmitted via paper, magnetic tape, CD-ROM, diskette..Records with missing data essential to the calculation of the measurement per the PID.
Product Reporting:Standard:.UNEs and Resale Parity by design.
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 80
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. BI-3 - Biling Accuracy - Adjustments for Errors
.
.
Purpose:
Evaluates the accuracy with which Qwest bills CLECs, focusing on the percentage of biled revenue
adjusted due to errors.
Description:
Measures the billed revenue minus amounts adjusted off bils due to errors, as a percentage of total
biled revenue..Both the biled revenue and amounts adjusted off bils due to error are calculated from bils
rendered in the reporting period.."Amounts adjusted off bills due to errors" is the sum of all bil adjustments made in the reporting
period that involve, either in part or in total, adjustment codes related to biling errors. (Each
adjustment thus Qualifvino is added to the sum in its entiretv.)
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: State leveL.
individual CLECs, and Qwest Retail results
Formula:
(¿(Total Billed Revenue Billed in Reporting Period - Amounts Adjusted Off Bils Due to Errors) + (Total
Biled Revenue biled in Reporting Period)) x 100
Exclusions:
. BI-3A - UNEs and Resale - None
· BI-3B - Reciprocal Compensation Minutes of Use - Biling adjustments as a result of CLEC-caused
errors in return of minutes of use
Product Reporting:Standards:.BI-3A - UNEs and Resale .BI-3A - UNEs and Resale: 98%.BI-3B - Reciprocal Compensation Minutes of .BI-3B - Reciprocal Compensation (MOU) -
Use (MOU)95%
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 81
BI.4 - Billng Completeness .
Purpose:.UNEs and Resale - Evaluates the completeness with which Qwest reflects non-recurring and
recurring charges associated with completed service orders on the bils..Reciprocal Compensation Minutes of Use (MOU) - Evaluates the completeness with which Qwest
reflects the revenue for Local Minutes of Use associated with CLEC local traffic over Qwests
network on the bils.
Description:
BI-4A - UNEs and Resale: Measures the percentage of non-recurring and recurring charges
associated with completed service orders appear on the correct bil.*
BI-4B - Reciprocal Compensation (MOU): Measures the percentage of revenue associated with local
minutes of use appearing on the correct (current) bill.*
* Correct bil :: next available bil
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: Statewide leveL.
individual CLECs, and Qwest Retail results
Formula:
BI-4A - UNEs and Resale:: (L(Count of service orders with non-recurring and recurring charges
associated with completed service orders on the bils that are biled on the correct bil + total
count of service orders with non-recurring and recurring charges associated with completed
service orders biled on the bill)) x 100
BI-4B - Reciprocal Compensation MOU :: (I(Revenue for Local Minutes of Use billed on the correct*
bill + Total revenue for Local Minutes of Use collected during the month)) x 100
.
Exclusions: None
Product Reporting:Standards:.UNEs and Resale 81-4A - UNEs and Resale: Parity with Qwest
.Reciprocal Compensation (MOU)Retail bils.
81-48 - Reciprocal Compensation (MOU): 95%
Availabilty:Notes:
Available
.
.
Qwestldaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 82
.
.
.
Database Updates
08.1 - Time to Update Databases
Purpose:
Evaluates the time required for updates to the databases of E911, L1DB, and Directory Builder.
Description:
. Measures the average time required to update the databases of E911, L1DB, and Directory
Builder.
· Includes all database updates as specified under Disaggregation Reporting completed during
the reporting period.
. For DB-1A the time to update the E911 database is provided by the third party vendor that
performs the update. The elapsed time is captured automatically by the database system. There
are no "individual E911 database update records' provided with which to measure the database
update process.
· The numerator of DB-1A is calculated by multiplying the vendor-calculated results (Average
Minutes in Process Time) by the denominator (Count of records Processed). This method
produces a result from the vendor data that is the same as that which would be produced by
totallng the uodate times from individual E911 database update records.Reporting Period: One month Unit of Measure:
E911 - Hrs: Mins.
L1DB & Directory Listings - Seconds
Disaggregation Reporting:
DB-1A: E911 for Qwest Retail and Reseller
CLEC-State level
DB-1 B: L1DB for Qwest Retail, Reseller CLEC
and Facilities Based CLEC - Multi
state region-wide level
DB-1C-1: Listings for all Provider types including
Qwest Retail, Reseller CLEC, and
Facilties Based CLEC, ILEC and
Unknown Provider, Electronically
Submitted, Electronically Processed-
Sub-region applicable to state
Reporting Comparisons:
DB-1A - E911: Combined results for Qwest Retail
and Reseller CLEC Aggregate;
DB-1 B - L1DB: Combined results for all Qwest
Retail, Reseller CLEC and Facilities Based CLEC
updates;
DB-1C-1 - Listings: Combined results for all
Provider types including Qwest Retail, Reseller
CLEC, and Facilties Based CLEC, ILEC and
Unknown Provider, Electronically Submitted,
Electronically Processed updates. NOTE 1
Formula:
l:((Date and Time of database update for each database update as specified under Disaggregation
Reporting in the reporting period) - (Date and Time of submissions of data for entry into the database
for each database update as specified under Disaggregation Reporting in the reporting period)) + Total
database updates as specified under Disaggregation Reporting completed in the reporting period
Exclusion:
. Invalid startstop dates/times.
Qwest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 83
08.1 - Time to Update Databases (continued)
Product Reporting:Standards:
Not applicable (Reported by database type)OB-1A-E911: Parity by design
OB-1 B-L10B: Parity by design
OB-1C-1 - Listings: Parity by design
Availabilty:Notes:
Available 1.Becuse they cannot be separated, results for Qwest Retail, Reseller
CLEC, Facilties-based CLECs, ILEC and Unknown Provider updates
are reported combined within these disaggregations.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 84
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.
.
. 08-2 - Accurate Database Updates
.
.
Purpose:
Evaluates the accuracy of database uodates comoleted without errors in the reoorting oeriod.
Description:.Measures the percentage of database updates completed without errors in the reporting period..Includes all database updates as specified under Disaggregation Reporting completed during the
reoorting oeriod.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons:Disaggregation Reporting:
DB-2C-1 Listings - Combined results for all DB-2C-1, Listings for Qwest Retail, Reseller
Qwest Retail, Reseller CLEC and Facilties-CLEC, and Facilities-Based CLEC Electronically
Based CLEC Electronically Submitted,Submitted, Electronically Processed updates:
Electronically Processed updates Statewide
Formula:
(Total database updates as specified under Disaggregation Reporting completed without errors in the
reporting period + Total database updates as specified under Disaggregation Reporting completed in
the reporting period) x 100
Exclusions:
Invalid startstop dates/times.
Product Reporting:Standards:
Not applicable (Reported by database type)DB-2C-1 - Listings: Parity by design NOTE 1
Availabilty:Notes:
Available 1.Qwest retail and Reseller CLECs are parity by design. Because
Facilities-based CLEC Electronically Submitted, Electronically
Processed cannot be separated out from Reseller CLECs they are
reoorted combined within this disaaareaation.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 85
Directory Assistance .
DA.1 - Speed of Answer - Directory Assistance
Purpose:
Evaluates timeliness of customer accss to Qwests Directory Assistance operators, focusing on how
long it takes for calls to be answered.
Description:
Measures the average time following first ring until a call is first picked up by the Qwest agenVsystem
to answer Directory Assistance calls..Includes all calls to Qwest directory assistance during the reporting period..Because a system (electronic voice) prompts for city, state, and listing requested before the actual
operator comes on the line, the first ring is defined as when the voice response unit places the call
into queue..Measurements are taken by sampling calls from the network queue at 10-second intervals. A
count of calls in the queue is taken for every sampling event (10-second snapshot), and this count
is multiplied by 10 to get a measurement of waiting intervals..Using this method, calls that enter the queue after a sample is taken but exit before the next
sample is taken are not counted, Le., are effectively counted as a zero intervaL. However, this
situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling
time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are
counted as 10 seconds are offset bv those calls shorter than 10 seconds that are not counted.
Reporting Period: One month Unit of Measure: Secnds
Reporting Comparisons: Results for Qwest and Disaggregation Reporting:
all CLECs are combined.Sub-region applicable to state
Formula:
I:((Date and Time of Call Answer) - (Date and Time of First Ring)) + (Total Calls Answered by Center)
Exclusions: Abandoned Calls are not included in the total number of calls answered by the center.
Product Reporting: None Standard: Parity by design
Availabilty:Notes:
Available
.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 86
.
.
.
Operator Services
OS.1 - Speed of Answer - Operator Services
Purpose:
Evaluates timeliness of customer access to Qwests operators, focusing on how long it takes for calls
to be answered.
Description:
Measures the time following first ring until a call is answered by the Qwest agent..Includes all calls to Qwests operator services during the reporting period, subject to exclusions
specified below..Measurements are taken by sampling calls from the network queue at 10-second intervals. A
count of calls in the queue is taken for every sampling event (10-second snapshot), and this count
is multiplied by 10 to get a measurement of waiting intervals..Using this method, calls that enter the queue after a sample is taken but exit before the next
sample is taken are not counted, Le., are effectively counted as a zero intervaL.However, this
situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling
time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are
counted as 10 seconds are offset bv those calls shorter than 10 seconds that are not counted.
Reporting Period: One month Unit of Measure: Seconds
Reporting Comparisons: Qwest and all CLECs Disaggregation Reporting:
are aggregated in a single measure.Sub-region applicable to state
Formula:
i:((Date and Time of Call Answer) - (Date and Time of First Ring)) + (Total Calls Answered by Center)
Exclusions: Abandoned Calls are not included in the total number of calls answered by the center.
Product Reporting: None Standard:Parity by design
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 87
Network Penormance
NI-1 - Trunk Blocking
Purpose:
Evaluates factors affecting completion of calls from Qwest end offces to CLEC end offices, compared with
the completion of calls from Qwest end offices to other Qwest end offces, focusing on average busy-hour
blocking percentages in interconnection or interoffice final trunks.
Description:
Measures the percentage of trunks blocking in interconnection and interoffice final trunks.
. Includes blocking percentages on all direct final and alternate final interconnection and interoffice trunk
groups that are in service durina the reporting period, subject to exclusions sDecified below.
Reporting Period: One month I Unit of Measure: Percent Blockage
Reporting Comparisons: Disaggregation Reporting: Statewide leveL.
CLEC aggregate, Reports the percentage of trunks blocking in interconnection final trunks,
individual CLEC, and reported by:
Qwest Interoffce trunk NI-1A Interconnection (LIS) trunks to Qwest tandem offices, with TGSR-
blocking results. related exclusions applied as specified below;
NI-1 B LIS trunks to Qwest end offces, with TGSR-related exclusions
applied as specified below;
NI-1C LIS trunks to Qwest tandem offices, without TGSR-relatedexclusions; 0
NI-1 D LIS trunks to other Qwest end offices, without TGSR-related
exclusions.
Formula:
U¿(Blockage in Final Trunk Group of Specifed Type)x(Number of Circuits in Trunk Group)) + (Total Number
of Final Trunk Circuits in all Final Trunk Groups)) x 100
Explanation: Actual average percentage of trunk blockage is calculated by dividing the equivalent average
number of trunk circuits blocking by the total number of trunk circuits in final trunks of the type being
measured.
Exclusions:
For NI-1A and NI-1B only:
. Trunk groups, blocking in excess of one percent in the reporting period, for which:
- A Trunk Group Service Request (TGSR) NOTES 1 & 2 has been issued in the reporting period; or
- CLECs do not submit, within 20 calendar days of receiving a TGSR:
a) Responsive ASRs (or have ASRs pending that are delayed for CLEC reasons NOTE 3);
b) Trouble Reports; or
c) Notification of traffc re-routing (as described in Note 1 below).
For NI-1A. NI-1B. NI-1C. and NI-1D:
. Trunk groups, blocking in excess of one percent in the reporting period, for which Qwest can identify, in
time to incorporate in the regular reporting of this measurement, the cause as being attributable to:
- Trunk group out-of-service conditions arising from cable cuts, severe weather, or force majeure
circumstances;
- The CLEC placing trunks in a "busy" condition;
- Lack of interconnection facilities to fulfill LIS requests for which the CLEC did not provide a timely
forecast to Qwest. (This portion of the exclusion is limited to being applied in (a) the month the LIS
requests could not be fulfilled, due to lack of facilities, and (b) each month thereafter up to the month
following facilty availability OR ~ to five months after the month the LIS requests could not be
fulfilled, whichever is sooner NOT 4); or
- Isolated incidences of blocking, about which Qwest provides notification to the CLEC, that (a) are
not recurring or persistent (affecting the same trunk groups), (b) do not warrant corrective action by
CLEC or Qwest, and ec) thus, do not require an actionable TGSR.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 88
.
.
.
.NI.1 - TrunkBlockina (Continued)
. Trunk groups recently activated that have not been in service for a full "20-high-day, busy hour" review
period.
. Toll trunks, non-final trunks, and trunks that are not connected to the public switched network.
. One-way trunks originating at CLEC end offces.
. Qwest official services trunks, local interoffice operator and directory assistance trunks, and local
interoffice 911/E911 trunks.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement per the PID.
Product Reporting: Standards:
LIS Trunks Where NI-1A:: 1%:
Where NI-1A ~ 1%:
Where NI-1B:: 1%:
Where NI-1B ~ 1%:
NI-1C and NI-1D:
1 %
Parity with Qwest Interoffice Trunks to tandems
1 %
Parity with Qwest Interoffice Trunks to end offices
Diagnostic NOTE 5
Availabilty: Notes:
Available 1. Qwest uses TGSRs to notify CLECs when trunk blocking exceeds standard thresholds or is
determined to be persistent. To respond properly to TGSRs, a CLEC must (a) submit
within 20 days ASRs to provide necessary trunk augmentations to avoid further blocking,
(b) notify Qwest within 20 days that it is initiating a Trouble Report where Qwest traffic
routing problems are causing the blocking referenced by the TGSR, or (c) notify Qwest that
the CLEC wil undertake its own re-routing of traffic within 20 days to alleviate the blocking.
2. The TGSR-related exclusion is applied in the month in which the TGSR is issued and in
the month in which the above-specified 20-day response period ends. Thus, any trunk
group excluded in one month wil not be excluded in the next month, unless there is (a) a
20-day period following a TGSR ends in that month, (b) there is another TGSR applicable
to the next month for the same trunk group or (c) an exception documented, in lieu of
issuing a subsequent TGSR, where the CLEC's response to the previous TGSR indicated
that, for its own reasons, it plans to take no action at any time to augment the trunk group.
3. CLEC delays are reflected by CLEC-initiated order supplements that move the due date
later.
a) Qwest-initiated due date delays, including supplements made pursuant to Qwest
requests to delay due dates, shall not be counted as CLEC delays in this
measurement.
b) Qwest-initiated due date changes to earlier dates that the CLEC does not meet shall
not be counted as a CLEC delay in this measurement unless the earlier dates were
mutually agreed-upon.
c) CLEC delays (e.g., "customer not ready" in advance of a due date) that do not
contribute to a Qwest-established due date being missed shall not be counted as a
CLEC delay in this measurement.
4. The limitation on part (3) of this exclusion is intended to bound its applicability to a period
of time that treats the unforecasted ASR as if it were, in effect, the first forecast for the
facilities needed.
a) Given that forecast advance intervals are currently six months, this provision allows the
exclusion to apply for no longer than that period of time.
b) Nevertheless, this limitation to the exclusion also recognizes that facilities may become
available sooner and, if so, reduces the limitation accordingly. In that context, this
limitation recognizes that, absent a CLEe forecast, Qwest stil retains a responsibility to
provide facilities for the ASR, although in a longer timeframe than for ASRs covered by
forecasts. NI-1 C and NI-1 D wil be reported for information purposes only, with no
standard to be applied.
c) This limitation may change depending on the outcome of separate workshops dealing
with issues of interconnection forecasting.
5. NI-1C and NI-1 D wil be reported for information purposes only, with no standard to be
applied.
.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 89
Np.1 - NXX Code Activation~~: .
Evaluates the timeliness of Qwests NXX code activation prior to the LERG effective date or by the
"revised" effective date, as set forth herein.
Description:
NP-1A: Measures the percentage of NXX coes activated in the reporting period that are actually
loaded and tested prior to the LERG effective date or the "revised" date, subject to exclusions
shown below.
NP-1 B: Measures the percentage of NXX codes activated in the reporting period that are delayed
beyond the LERG date or "revised" date due to Qwest-caused Interconnection facility delays,
subject to exclusions shown below. Included among activations counted as a Qwest delay in
this sub-measurement are cases in which "2-6 codes" NOTE 1 associated with the Qwest
interconnection facilties are provided late by Qwest to the CLEC.
. Qwest must receive complete and accurate routing information required for code activation, which
includes but is not limited to "2-6 codes" for all interconnection trunk groups associated with the
activation no less than 25 days prior to the LERG Due Date or Revised Due Date.
. The "revised" date, for purposes of this measurement, is a CLEC-initiated renegotiation of the
activation effective date that is no less than 25 days afer Qwest receives complete and accurate
routing information required for code activation, which includes but is not limited to "2-6 codes" for
all interconnection trunk groups associated with the activation.
. The NXX code activation notice is provided by the LERG (Local Exchange Routing Guide) to
Qwest.
. NXX code activation is defined as complete when all translations associated with the new NXX are
complete by 11 :59 p.m. of the day prior to the date identified in the LERG or the "revised" date (if
different than the LERG date).
. The NXX code activation completion process includes testing, including calls to the test number
when orovided.
Reporting Period: One month Unit of Measure: Percent .
Reporting Comparisons: CLEC aggregate, Disaggregation Reporting: Statewide.
individual CLEC and Qwest Retail results.
Formula:
NP-1A = ((Number of NXX codes loaded and tested in the reporting period prior to the LERG effective
date or the "revised" date) + (Number of NXX codes loaded and tested in the reporting
period)) x 100
NP-1 B = ((Number of NXX codes loaded and tested in the reporting period that were delayed past the
LERG effective date or "revised" date affected by Qwest Interconnection Facilty Delays) +
(Number of NXX codes loaded and tested in the reporting period, including NXX codes
loaded and tested in the reporting period that were delayed past the LERG effective date or
the "revised" date due to Interconnection Facilty Delays)) x 100
Exclusions:
NP-1A:
. NXX code activations completed after the LERG date or "revised" date due to delays in the
installation of Qwest provided interconnection facilities associated with the activations. NOTE 2
NP-1A and NP-1B:
. NXX codes with LERG dates or "revised" dates resulting in loading intervals shorter than
industry standard (currently 45 calendar days).
. NXX codes where QWEST received complete and accurate routing information required for
code activations less than 25 days prior to the LERG due date or Revised due date..
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 90
.
.
.
Np.1 - NXX Code Activation (continued)
Product Reporting: None Standards:
NP-1A: Parity
NP-1 B: Diaanostic
Availabilty:Notes:
Available 1."2-6 codes" are industry-standard
designators for local interconnection trunk
groups, consisting of 2 alpha letters and six
numeric digits.
2.Only Qwest-provided interconnection facilties
are noted in this exclusion, because delays
related to facilities provided by CLECs or
others are accounted for by revising the due
date.
Qwest Idaho SGAT Third Revision, Eighth Amended ExhibitB June 26,2007 Page 91
Collocation .
CP.1 - Collocation Completion Interval
Purpose:
Evaluates the timeliness of Qwests installation of collocation arrangements for CLECs, focusing on the
average time to comolete such arranaements.
Description:
Measures the interval between the Collocation Application Date and Qwests completion of the
collocation installation.
. Includes all collocations of types specified herein that are assigned a Ready for Service (RFS) date
by Qwest and completed during the reporting period, subject to exclusions specified below.
. Collocation types included are: physical cagelessiiphysical caged, shared physical caged, physical-
line sharing, cageless-Iine sharing, and virtuaL. NO 1
. The Collocation Application Date is the date Qwest receives from the CLEC a complete and valid
application for collocation. In cases where the CLEC's collocation application is received by Qwest
on a weekend or holiday, the Collocation Application Date is the next business day following the
weekend or holiday.
. Major Infrastructure Modifications include conditioning the collocation space, obtaining permits, and
installng DC power plant, standby generators, heating, venting or air conditioning equipment.
. Completion of the collocation installation is the date on which the requested collocation arrangement
is "Ready For Service" as defined in the Definition of Terms section herein.
. Establishment of RFS Dates: RFS dates are established accrding to intervals specified in
interconnection agreements. Where an interconnection agreement does not specify intervals, or
where the CLEC requests, RFS dates are established as follows:
. Collocation Applications with Timely Quote Acceptance and, for Virtual Collocations, also
with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote .
in seven or fewer calendar days after the quote date and, for virtual collocations, where the CLEC
provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation
Application Date, the RFS date shall be:
Forecasted Collocations: 90 calendar days after the Collocation Application Date for
collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar
days in advance of the Collocation Application Date.
Unforecasted Collocations: 120 calendar days after the Collocation Application Date for
collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar
days in advance of the Collocation Application Date.
. Collocation Applications with Late Quote Acceptance and, for Virtual Collocations, also
with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote
in eight or more calendar days after the quote date and, for virtual collocations, where the CLEC
provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation
Application Date, the RFS date shall be:
Forecasted Collocations: 90 calendar days after the quote acceptance date for collocations
for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in
advance of the Collocation Application Date.
Unforecasted Collocations: 120 calendar days after the quote acceptance date for
collocations for which the CLEC does not provide a forecst to Qwest 60 or more calendar
days in advance of the Collocation Application Date.
. Virtual Collocation Applications with Timely Quote Acceptance and Late Equipment Ready
- for virtual collocation applications where the CLEC (1) accpts the quote in seven or fewer
calendar days after the quote date and (2) provides the equipment to be collocated to Qwest
more than 53 calendar days after the Collocation Application Date, the RFS date shall be:
Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for
collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar
days in advance of the Collocation Application Date. .
Unforecasted Collocations: 75 calendar days after the eQuipment is orovided to Qwest, for
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 92
.
.
.
Cp.1 - Collocation Completion Interval (continued)
collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar
days in advance of the Collocation Application Date.
. Virtual Collocation Applications with Late Quote Acceptance and Late Equipment Ready -
for virtual collocation applications where the CLEC (1) accepts the quote in eight or more
calendar days after the quote date and (2) provides the equipment to be collocated to Qwest
more than 53 calendar days after the Collocation Application Date, the RFS date shall be:
- Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for
collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar
days in advance of the Collocation Application Date.
- Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for
collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar
days in advance of the Collocation Application Date.
. All Collocations (physical, virtual, forecasted, or unforecasted) requiring Major
Infrastructure Modifications: the later of (1) up to 150 calendar days (as specified in the quote)
after the Collocation Application Date, or (2) for virtual collocations, 45 days following the date
equipment to be collocated is provided to Qwest for collocations in which Major Infrastructure
Modifications are required. Qwest will provide to the CLEC, as part of the quotation, the need for,
and the duration of, such extended intervals.
. When a CLEC submits six (6) or more Collocation applications in a one-week period in any state,
completion intervals wil be individually negotiated. These collocation arrangements wil be
included in CP-1A, -1B, or -1C according to the interval criteria specified below for these
measurements.
. Where there is a CLEC-caused delay, the RFS Date is rescheduled
. RFS dates may be extended beyond the above intervals for CLEC reasons, or for reasons beyond
Qwests control, but not for Qwest reasons.
. Where CLECs do not accept the quote within thirty days of the quote date, the application is
considered expired.
CP.1A Measures collocation installations for which the scheduled interval from Collocation
Application Date to RFS date is 90 calendar days or less.
CP.1B Measures collocation installations for which the scheduled interval from Collocation
Application Date to RFS date is 91 to 120 calendar days.
CP.1 C Measures collocation installations for which the scheduled interval from Collocation
Aoolication Date to RFS date is 121 to 150 calendar davs.
Reporting Period: One month Unit of Measure: Calendar Days
Reporting Comparisons: CLEC aggregate and
individual CLEC results
Disaggregation Reporting: Statewide.
Formula: (for CP-1A, CP-1B and CP-1C)
:E((Collocation Completion Date) - (Complete Application Date)) + (Total Number of Collocations
Completed in Reporting Period)
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 93
Cp.1 - Collocation Completion Interval (continued)
Exclusions:
. CP-1A: CLEC collocation applications with RFS dates yielding scheduled intervals longer than 90
calendar days from Collocation Application Date to RFS date.
. CP-1 B: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 91
calendar days or longer than 120 calendar days from Collocation Application Date to RFS date.
. CP-1 C: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 121
calendar days or longer than 150 calendar days from Collocation Application Date to RFS date.
.
. Cancelled or expired applications.
Product Reporting: None Standards:
CP-1 A: 90 calendar days
CP-1 B: 120 calendar days
CP-1C: 150 calendar davs
Availabilty:
Available
Notes:
1. Collocations covered by this measurement are central office related. As
additional types of central offce colloction are defined and offered, they
will be included in this measurement. Non-central office-based types of
collocation (such as remote collocation and field connection points) wil be
considered for either inclusion in this measurement, or in new, separate
measurements, after the terms, conditions, and processes for such
collocation types become finalized, accepted, mature (Le., six months of
experience from first installations), and ordered in volumes warranting
reportinQ (Le., consistentlv more than two per month in anv state),
.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 94
.
.
.
CP-2 - Collocations Completed within Scheduled Intervals
Purpose:
Evaluates the extent to which Qwest completes collocation arrangements for CLECs within the standard
intervals or intervals established in interconnection aareements.
Description:
Measures the percentage of collocation applications that are completed within standard intervals, including
intervals set forth in interconnection agreements.
. Includes all collocations of types specified herein that are assigned a Ready for Service Date RFS date by
Qwest and that are completed within the reporting period, including those with CLEC-requested RFS dates
longer than the standard interval and those with extended RFS dates negotiated with the CLEC (including
supplemented collocation orders that extend the RFS date) subject to exclusions specified below.
Collocation types included are: physical ca~eiess, physical caged, shared physical caged, physical-line
sharing, cageless-Iine sharing, and virtuaL. OTE 1
. The Collocation Application Date is the date Qwest receives from the CLEC a complete and valid
application for collocation. In cases where the CLEC's collocation application is received by Qwest on a
weekend or holiday, the Collocation Application Date is the next business day following the weekend or
holiday.
. Major Infrastructure Modifications are defined as conditioning the collocation space, obtaining permits, and
installng DC power plant, standby generators, heating, venting or air conditioning equipment.
. A collocation arrangement is counted as met under this measurement if its RFS date is met.
. Establishment of RFS Dates: RFS dates are established as follows, except where interconnection
agreements require different intervals, in which case the intervals specified in the interconnection
agreements apply:
. Collocation Applications with Timely Quote Acceptance and, for Virtual Collocations, also with
Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in seven
or fewer calendar days after the quote date and, for virtual collocations, where the CLEC provides the
equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date,
the RFS date shall be:
- Forecasted Collocations: 90 calendar days after the Collocation Application Date for physical
collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days
in advance of the Collocation Application Date.
- Unforecasted Collocations: 120 calendar days after the Collocation Application Date for physical
collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in
advance of the Collocation Application Date.
. Collocation Applications with Late Quote Acceptance and, for Virtual Collocations, also with
Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in eight or
more calendar days after the quote date and, for virtual collocations, where the CLEC provides the
equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date,
the RFS date shall be:
- Forecasted Collocations: 90 calendar days after the quote acceptance date for collocations for
which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the
Collocation Application Date.
- Unforecasted Collocations: 120 calendar days after the quote acceptance date for collocations
for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of
the Collocation Application Date.
. Virtual Collocation Applications with Timely Quote Acceptance and Late Equipment Ready - for
virtual collocation applications where the CLEC (1) accepts the quote in seven or fewer calendar days
after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar
days after the Collocation Application Date, the RFS date shall be:
- Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for
collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days
in advance of the Collocation Application Date.
- Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for
collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in
advance of the Collocation Application Date.
. Virtual Collocation Aoolications with Late Quote Acceotance and Late Eauioment Ready - for
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 95
CP-2 - Collocations Completed within Scheduled Intervals (continued)
virtual collocation applications where the CLEC (1) accepts the quote in eight or more calendar days
after the quote date and (2) provides the equipment to be collocated to Owest more than 53 calendar
days after the Collocation Application Date, the RFS date shall be:
- Forecasted Collocations: 45 calendar days after the equipment is provided to Owest, for
collocations for which the CLEC provides a complete forecast to Owest 60 or more calendar days
in advance of the Colloction Application Date.
- Unforecasted Collocations: 75 calendar days after the equipment is provided to Owest, for
collocations for which the CLEC does not provide a forecst to Owest 60 or more calendar days in
advance of the Colloction Application Date.
. All Collocations (physical. virtuaL, forecasted. or unforecasted) requiring Major Infrastructure
Modifications: the later of (1) up to 150 calendar days (as specified in the quote) after the Collocation
Application Date, or (2) for virtual collocations, 45 calendar days following the date equipment to be
collocated is provided to Owest for collocations in which Major Infrastructure Modifications are
required. Owest will provide to the CLEC, as part of the quotation, the need for, and the duration of,
such extended intervals.
. When a CLEC submits six (6) or more Collocation applications in a one-week period in any state,
completion intervals wil be individually negotiated. These collocation arrangements wil be included in
CP-2A, -2B, or -2C according to the criteria specified below for these measurements.
. Where there is a CLEC-caused delay, the RFS Date is rescheduled.
. Where CLECs do not accpt the quote within thirt calendar days of the quote date, the application is
considered expired.
CP-2A Forecasted Collocations: Measures collocation installations for which CLEC provides a forecast
to Owest 60 or more calendar days in advance of the Collocation Application Date.
Non-Forecasted and Late Forecasted Collocations: Measures collocation installations for
which CLEC does not provide a forecast to Owest 60 or more calendar days in advance of the
Collocation Application Date.
CP-2B
CP-2C All Collocations requiring Major Infrastructure Modifications and Collocations with
intervals longer than 120 days: Measures all collocation installations requiring Major
Infrastructure Modifications and collocations for which the RFS date is more than 120 calendar
days after the Collocation Application Date.
Reporting Period: One month
I Unit of Measure: Percent
Disaggregation Reporting: Statewide leveL.Reporting Comparisons: CLEC aggregate and
individual CLEC results
Formula: (for CP-2A, CP-2B and CP-2C)
((Count of Collocations for which the RFS is met) + (Total Number of Collocations Completed in the Reporting
Period)) x 100
Exclusions:
. RFS dates missed for reasons beyond Owests control.
. Cancelled or expired requests.
Product Reporting: None Standards:
CP-2A & -2B: 90%
CP-2C: 90%
Owest Idaho SGATThird Revision, Eighth Amended Exhibit B June 26,2007 Page 96
.
.
.
.
.
.
CP.2 - Collocations Completed within Scheduled Intervals (continued)
Availabilty:
Available
Notes:
1. Collocations covered by this measurement are central office related. As
additional types of central office collocation are defined and offered, they will
be included in this measurement. Non-central office-based types of
collocation (such as remote collocation and field connection points) wil be
considered for either inclusion in this measurement, or in new, separate
measurements, after the terms, conditions, and processes for such
collocation types become finalized, accepted, mature (Le., six months of
experience from first installations), and ordered in volumes warranting
reportinQ (Le., consistentlv more than two per month in anv state).
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 97
CP.3 - Collocation Feasibilty Study Interval
Purpose:
Evaluates the timeliness of the Qwest sub-process function of providing a collocation feasibility study
to the CLEC.
Description:
Measures average interval to respond to collocation studies for feasibility of installation..Includes feasibilty studies, for collocations of types specified herein that are completed in the
reporting period, subject to exclusions specified below. Collocation types included are: physical
cageless, lhysical caged, shared physical caged, physical-line sharing, cageless-Iine sharing, and
virtuaL. NOT 1.Interval begins with the Collocation Application Date and ends with the date Qwest completes the
Feasibilty Study and provides it to the CLEC..The Collocation Application Date is the date Qwest receives from the CLEC a complete
application for colloction. In cases where the CLEC's application for collocation is received by
Qwest on a weekend or holiday, the Collocation Application Date is the next business day
following the weekend or holidav.
Reporting Period: One month Unit of Measure: Calendar Days
Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Statewide leveL.
individual CLEC results
Formula:
1:((Date Feasibilty Study provided to CLEC) - (Date Qwest receives CLEC request for Feasibilty
Study)) + (Total Feasibiliy Studies Completed in the Reporting Period)
Exclusions:.CLEC-caused delays of, or CLEC requests for feasibilty study completions resulting in greater
than ten calendar days from Collocation Application Date to scheduled feasibilty study completion
date.
Product Reporting:None Standard:10 calendar days or less
Availabilty:Notes:
Available 1.Collocations covered by this measurement are central offce related.
As additional types of central office collocation are defined and
offered, they wil be included in this measurement. Non-central
office-based types of collocation (such as remote collocation and
field connection points) wil be considered for either inclusion in this
measurement, or in new, separate measurements, after the terms,
conditions, and processes for such collocation types become
finalized, accepted, mature (Le., six months of experience from first
installations), and ordered in volumes warranting reporting (Le.,
consistently more than two oer month in anv state).
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 98
.
.
.
.
.
.
CP.4 - Collocation Feasibilty Study Commitments Met
Purpose:
Evaluates the degree that Owest completes the sub-process function of providing a collocation
feasibility study to the CLEC as committed.
Description:
Measures the percentage of collocation feasibilty studies for installations that are completed within the
Scheduled Interval
. The Scheduled Interval is ten calendar days from the Collocation Application Date or, if
interconnection agreements call for different intervals, within intervals specified in the agreements,
or if otherwise delayed by the CLEC, the interval resulting from the delay.
. Includes all feasibilty studies for collocations of types specified herein, that are completed in the
reporting period. Collocation types included are: physical cageless, physical caged, shared
physical caged, physical-line sharing, cageless-Iine sharing, and virtuaL. NOTE 1
. Considers the interval from the Collocation Application Date to the date Owest completes the
Feasibility Study and provides it to the CLEC.
. The Collocation Application Date is the date Owest receives from the CLEC a complete
application for collocation. In cases where the CLEC's application for collocation is received by
Owest on a weekend or holiday, the Collocation Application Date is the next business day
following the weekend or holiday.
. Subject to superceding terms in the CLEC's interconnection agreement, when a CLEC submits six
(6) or more Collocation applications in a one-week period in any state, feasibilty study intervals
wil be individually negotiated and the resulting intervals used instead of ten calendar days in this
measurement.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate
and individual CLEC results
Disaggregation Reporting: Statewide level.
Formula:
((Total Applicable Collocation Feasibilty studies completed within Scheduled Intervals) + (Total
applicable Collocation Feasibilty studies completed in the reporting period)) x 100
Exclusions: None
Product Reporting: None Standard:90 percent or more
Availabilty:
Available
Notes:
1 . Collocations covered by this measurement are central office
related. As additional types of central office collocation are
defined and offered, they wil be included in this measurement.
Non-central office-based types of collocation (such as remote
collocation and field connection points) wil be considered for
either inclusion in this measurement, or in new, separate
measurements, after the terms, conditions, and processes for
such collocation types become finalized, accepted, mature (Le.,
six months of experience from first installations), and ordered in
volumes warranting reporting (Le., consistently more than two
per month in any state).
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 99
DEFINITION OF TERMS
Application Date (and Time) - The date (and time) on which Owest receives from the CLEC a
complete and accurate local service request (LSR) or accss service request (ASR) or retail order,
subject to the following:
. For the following types of requests/orders, the application date (and time) is the start of the next
business day:
(1) LSRs and ASRs received after 3:00PM MT for Designed Services and Local Number
Portabilty (except non-designed, flow-through LNP).
(2) Retail orders received after 3:00 PM local time for Designed Services.
(3) LSRs received after 7:00PM MT for POTS Resale (Residence and Business), Non-Design
Resale Centrex, non-designed UNE-P, Unbundled Loops, and non-designed, flow-through
LNP.
(4) Retail orders for comparable non-designed services cannot be received after closing time, so
the cutoff time is essentially the business offce closing time.
. For all types of orders that are received from Friday at 7:00 PM MT through Sunday, or on
holidays, and do not flow through, the application date (and time) is the next, non-weekend
business day.
Automatic Location Information (ALI) - The feature of E911 that displays at the Public Safety
Answering Point (PSAP) the street address of the callng telephone number. This feature requires a
data storage and retrieval system for translating telephone numbers to the associated address. ALI
may include Emergency Service Number (ESN), street address, room or floor, and names of the
enforcement, fire and medical agencies with jurisdictional responsibilty for the address. The
Management System (E911) database is used to update the Automatic E911 Location Information
databases.
Bil Date - The date shown at the top of the bil, representing the date on which Owest begins to
close the bil.
Blocking - Condition on a telecommunications network where, due to a maintenance problem or an
traffic volumes exceeding trunking capacity in a part of the network, some or all originating or
terminating calls cannot reach their final destinations. Depending on the condition and the part of the
network affected, the network may make subsequent attempts to complete the call or the call may be
completely blocked. If the call is completely blocked, the callng party will have to re-initiate the call
attempt.
Business Day - Workdays that Owest is normally open for business. Business Day = Monday
through Friday, excluding weekends and Owest published Holidays including New Year's Day,
Memorial Day,July 4th, Labor Day, Thanksgiving and Christmas. Individual measurement definitions
may modify (typically expanding) this definition as described in the Notes section of the measurement
definition.
Cleared Trouble Report - A trouble report for which the trouble has been cleared, meaning the
customer is "back in service".
Closed Trouble Report - A trouble report that has been closed out from a maintenance center
perspective, meaning the ticket is closed in the trouble reporting system following repair of the
trouble.
Code Activation (Opening) - Procss by which new NPAlNXXs (area code/prefix) is defined,
through softare translations to network databases and switches, in telephone networks. Code
activation (openings) allow for new groups of telephone numbers (usually in blocks of 10,000) to be
made available for assignment to an ILEC's or CLEC's customers, and for calls to those numbers to
be passed between carriers.
Common Channel Signaling System 7 (CCSS7) - A network architecture used to for the exchange
of signaling information between telecommunications nodes and networks on an out-of-band basis.
Information exchanged provides for call set-up and supports services and features such as CLASS
and database query and response.
Common Transport - Trunk groups between tandem and end offce switches that are shared by
more than one carrier, often including the traffic of both the ILEC and several CLECs.
Completion - The time in the order process when the service has been provisioned and service is
available.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 100
.
.
.
.
.
.
DEFINITION OF TERMS (continued)
Completion Notice - A notification the ILEC provides to the CLEC to inform the CLEC that the
requested service order activity is complete.
Coordinated Customer Conversion -- Orders that have a due date negotiated between the ILEC,
the CLEC, and the customer so that work activities can be performed on a coordinated basis under
the direction of the receiving carrier.
Customer Requested Due Date - A specific due date requested by the customer which is either
shorter or longer than the standard interval or the interval offered by the ILEC.
Customer Trouble Reports - A report that the carrier providing the underlying service opens when
notified that a customer has a problem with their service. Once resolved, the disposition of the
trouble is changed to closed.
Dedicated Transport - A network facilty reserved to the exclusive use of a single customer, carrier
or pair of carriers used to exchange switched or special, local exchange, or exchange access traffic.
Delayed Order - An order which has been completed after the scheduled due date and/or time.
Directory Assistance Database - A database that contains subscriber records used to provide live
or automated operator-assisted directory assistance. Including 411, 555-1212, NPA-555-1212.
Directory Listings - Subscriber information used for DA and/or telephone directory publishing,
including name and telephone number, and optionally, the customer's address.
DS-O - Digital Service Level O. Service provided at a digital signal speed commonly at 64 kbps, but
occasionally at 56 kbps.
DS-1 - Digital Service Level 1. Service provided at a digital signal speed of 1.544 Mbps.
DS-3 - Digital Service Level 3. Service provided at a digital signal speed of 44.736 Mbps.
Due Date - The date provided on the Firm Order Confirmation (FOC) the ILEC sends the CLEC
identifying the planned completion date for the order.
End Office Switch - A switch from which an end users' exchange services are directly connected
and offered.
Final Trunk Groups - Interconnection and interoffce trunk groups that do not overflow traffic to
other trunk groups when busy.
Firm Order Confirmation (FOC) - Notice the ILEC sends to the CLEC to notify the CLEC that it has
received the CLECs service request, created a service order, and assigned it a due date.
Flow-Through -The term used to describe whether a LSR electronically is passed from the OSS
interface system to the ILEC legacy system to automatically create a service order. LSRs that do not
flow through require manual intervention for the service order to be created in the ILEC legacy
system.
Interval Zone 1/Zone 2 - Interval Zone 1 areas are wire centers for which Qwest specifies shorter
standard service intervals than for Interval Zone 2 areas.
Installation - The activity performed to activate a service.
Installation Troubles - A trouble, which is identified after service order activity and installation, has
completed on a customer's line. It is likely attributable to the service activity (within a defined time
period).
Interconnection Trunks - A network facilty that is used to interconnect two switches generally of
different local exchange carriers
Inward Activity - Refers to all orders for new or additional lines/circuits. For change order types,
additional lines/circuits consist of all C orders with "I" and "T" action coded line/circuit USOCs that
represent new or additional lines/circuits, including conversions from retail to CLEC and CLEC to
CLEC.
Jeopardy - A condition experienced in the service provisioning process which results potentially in
the inabilty of a carrier to meet the committed due date on a service order
Jeopardy Notice - The actual notice that thelLEC sends to the CLEC when a jeopardy has been
identified.
Lack of Facilties - A shortge of cable facilties identified after a due date has been committed to a
customer, including the CLEC. The facilities shortage may be identified during the inventory
assignment process or during the service installation process, and typically triggers a jeopardy.
Local Exchange Routing Guide (LERG) - A Bellcore master file that is used by the telecom
industry to identify NPA-NXX routing and homing information, as well as network element and
equipment designations. The file also includes scheduled network changes associated with activity
within the North American Numbering Plan (NANP).
Local Exchange Traffic - Traffic originated on the network of a LEC in a local calling area that
terminates to another LEC in a local calling area.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 101
DEFINITION OF TERMS (continued)
Local Number Portabilty (formerly defined under Permanent Number Portabilty and also
known as - Long Term Number Portabilty) - A network technology which allows end user
customers to retain their telephone number when moving their service between local service
providers. This technology does not employ remote call forwarding, but actually allows the
customer's telephone number to be moved and redefined in the network of the new service provider.
The activity to move the telephone number is called "porting."
Local Service Request (LSR) - Transaction sent from the CLEC to the ILEC to order services or to
request a change(s) be made to existing services.
MSAlNon-MSA - Metropolitan Statistical Area is a government defined geographic area with a
population of 50,000 or greater. Non-Metropolitan Statistical Area is a government defined
geographic area with population of less than 50,000. Qwest depicts MSA Non-MSA based on NPA
NXX. Where a wire center is predominantly within an MSA, all lines are counted within the MSA.
Mechanized Bil - A bil that is delivered via electronic transmission.
NXX, NXX Code or Central Offce Code - The three digit switch entity indicator that is defined by
the "0", "E", and "F" digits of a 10-digit telephone number within the NANP. Each NXX Code
contains 10,000 station numbers.
Plain Old Telephone Service (POTS) - Refers to basic 2-wire, non-complex analog residential and
business services. Can include feature capabilties (e.g., CLASS features).
Projects - Service requests that exceed the line size and/or level of complexity which would allow for
the use of standard ordering and provisioning processes. Generally, due dates for projects are
negotiated, coordination of service installations/changes is required and automated provisioning may
not be practicaL.
Query Types - Pre-ordering information that is available to a CLEC that is categorized according to
standards issued by OBF and/or the FCC.
Ready For Service (RFS) - The status achieved in the installation of a collocation arrangement
when all "operational" work has been completed. Operational work consists of the following as
applicable to the particular type of collocation:
. Cage enclosure complete;
. DC power is active (including fuses available, BDFB (Battery Distribution Fuse Board) in place,
and cables between the CLEC and power terminated);
. Primary AC outlet in place;
. Cable racking and circuit terminations are complete (e.g. fiber jumpers placed between the
Outside Plant Fiber Distribution Panel and the Central Office Fiber Distribution Panel serving the
CLEe). and
. The following items complete, subject to the CLEC having made required payments to Qwest
(e.g., final payment): (If the required CLEC payments have not been made, the following items
are not required .for RFS):
Key turnover made available to CLEC.
- APOT/CFA complete, as defined/required in the CLEC's interconnection agreement
and
Basic telephone service and other services and facilities complete, if ordered by CLEC in
time to be provided on the scheduled RFS date (per Qwests published standard installation
intervals for such telephone service).
Ready for Service Date (RFS date) - The due date assigned to a collocation order (typically
determined by regulatory rulings, contract terms, or negotiations with CLEe) to indicate when
collocation installation is scheduled to be ready for service, as defined above.
Reject - A status that can occur to a CLEC submitted local service request (LSR) when it does not
meet certain criteria. There are two types of rejects: (1) syntax, which occur if required fields are not
included in the LSR; and (2) content, which occur if invalid data is provided in a field. A rejected
service request must be corrected and re-submitted before provisioning can begin.
Repeat Report - Any trouble report that is a second (or greater) report on the same telephone
number/circuit 10 and at the same premises address within 30 days. The original report can be any
category, including excluded reports, and can carry any disposition code.
Service Group Type - The designation used to identify a category of similar services, .e.g., UNE
loops.
Service Order - The work order created and distributed in ILECs systems and to ILEC work groups
in response to a complete, valid local service request.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 102
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DEFINITION OF TERMS (continued)
Service Order Type - The designation used to identify the major types of provisioning activities
associated with a local service request.
Standard Interval- The interval that the ILEC publishes as a guideline for establishing due dates for
provisioning a service request. Typically, due dates wil not be assigned with intervals shorter than
the standard. These intervals are specified by service type and type of service modification
requested. ILECs publish these standard intervals in documents used by their own service
representatives as well as ordering instructions provided to CLECs in the Qwest Standard Interval
Guidelines.
Subsequent Reports - A trouble report that is taken in relation to a previously-reported trouble prior
to the date and time the initial report has a status of "closed."
Tandem Switch - Switch used to connect and switch trunk circuits between and among Central
Office switches.
Time to Restore - The time interval from the receipt, by the ILEC, of a trouble report on a
customer's service to the time service is fully restored to the customer.
Unbundled Network Element - Platform (UNE-P) - Combinations of network elements, including
both new and conversions, involving POTS (Le., basic services providing dial tone).
Unbundled Loop - The Unbundled Loop is a transmission path between a Qwest Central Office
Distribution Frame, or equivalent, and the Loop Demarcation Point at an end user premises. Loop
Demarcation Point is defined as the point where Qwest owned or controlled facilities cease, and
CLEC, end user, owner or landlord ownership of facilities begins.
Usage Data - Data generated in network nodes to identify switched call data on a detailed or
summarized basis. Usage data is used to create customer invoices for the calls.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 103
GLOSSARY OF ACRONYMS
ACRONYM DESCRIPTION
ACD Automatic Call Distributor
ADSL Asymmetric Diaital Subscriber Line
ALI Automatic Line Information (for 911/E911 systems)
ASR Service Reauest (processed via Exact svstem)
BRI Basic Rate Interface (type of ISDN service)
CABS Carrier Access Biling System
CKT Circuit
CLEC Competitive Local Exchanae Carrier
CO Central Ofce
CPE Customer Premises Eauipment
CRIS Customer Record Information Svstem
CSR Customer Service Recrd
DA Directorv Assistance
DB Decibel
DB Database
DSO Digital Service 0
DS1 Digital Service 1
DS3 Digital Service 3
E911 MS E911 Manaaement System
EAS Extended Area Service
EB-TA Electronic Bonding - Trouble Administration
EDI Electronic Data Interchanae
EELS Enhanced Extended Loops
ES Emergency Services (for 911 /E911 )
FOC Firm Order Confirmation
GUI Graphical User Interface
HDSL Hiah-Bit-Rate Diaital Subscriber Line
HICAP Hiah Capacity Digital Service
IEC Interexchange Carrier
ILEC Incumbent Local Exchanae Carrier
INP Interim Number Portabilty
10F Interoffice Facilities (refers to trunk facilties located between
Qwest central offces)
ISDN Integrated Services Diaital Network
IMA Interconnect Mediated Access
LATA Local Access Transport Area
LERG Local Exchanae Routing Guide
L1DB Line Identification Database
LIS Local Interconnection Service Trunks
LNP Long Term Number Portabilty
LSR Locl Service Reauest
N, T,C Service Order Types - - N (new), T (to or transfer), C
(change)
NANP North American Numberina Plan
NDM Network Data Mover
NPAC Number Portability Administration Center
NXX Telephone number prefix
OBF Ordering and Billng Forum
OOS Out of service (tvpe of trouble condition)
OSS Operations Support Systems
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 104
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GLOSSARY OF ACRONYMS (continued)
ACRONYM DESCRIPTION
PBX Private Branch ExchanQe
PON Purchase Order Number
POTS Plain Old Telephone Service
PRJ Primary Rate Interface (tvoe of ISDN service)
RFS Ready for Service (refers to collocation installations)
SIA SAAFE (Strategic Application Architecture Framework and
Environment) Information Access
SOP Service Order Processor
SOT Service Order Tvpe
SS7 SiQnalinQ System 7
STP SiQnalinQ Transfer Point
TN Telephone Number
UDIT Unbundled Dedicated Interoffice Transport
UNE Unbundled Network Element
UNE-P Unbundled Network Element - Platform
VRU .Voice Response Unit
WFA Work Force Administration ,
XDSL (x) Digital Subscriber Line. (The "x" prefix refers to DSL
generically. An "x" replaced by an "A" refers to Asymmetric
DSL, and by an "H" refers to HiQh-bit-rate DSL.)
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 105
APPENDIX A .
PO.20 Feature Detail Fields
Feature Detail
Resale and UNE.P (POTS and Centrex 21):
CFN
Validate the call forwarding TNCFNB 0
Validate the call forwarding TN
CFND
Validate the call forwarding TN
RCYC
FlO associated with a call forwarding don't answer USOC that determines how many rings before the call
forwards to the TN provided with the CFN or CFND FIDs.
HLN (HLA Hot Line)
FlO associated with the USOC HLA (which is on our USOC list to validate.) The Hot Line feature call forwards
automatically to a pre-programmed number. This TN is provided following the HLN FlO. The data provided in
the Feature Detail section on the LSR wil be validated against the HLN FlO on the service order to determine
whether the FlO is present and the TN provided on the LSR with the FlO is correct on the service order.
LINK (HME CALL FORWARDING TO CELLULAR)
FlO associated with the USOC HME (which is on our USOC list to validate.) The HME feature call forwards a
call from the landline telephone number to acellular telephone number. The LINK FlO, along with the PCS
telephone number provided in the Feature Detail section on the LSR, wil be validated against the LINK FlO on
the service order to determine whether the FlO is present and the telephone number provided on the LSR
matches the telephone number on the service order.
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DES on DID MBB
If the CLEC requests a DID voice mailbox the DID number wil follow the FlO DES on the LSR in the Feature
Detail section and on the service order. The DES FlO along with the DID telephone number provided in the
Feature Detail section on the LSR will be validated against the DES FlO on the service order to determine
whether the FlO is present and the DID telephone number provided on the matches the telephone number on
the service order.
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Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 106
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APPENDIX A (continued)
TN on Custom Ring USOC (RGG1A etc.)
We currently have 9 custom ring USOCs on our PO-20 usoe list. Along with the custom ring usoe is the
TN FID. The TN FID along with the custom ring telephone number provided in the Feature Detail section on
the LSR wil be validated against the TN FID on the service order to determine whether the FID is present and
the custom ring telephone provided on the LSR with the FID is correct on the service order. (The validation
would only apply if the USOC and FID were present in the Feature Detail section of the LSR.)
CAS (If provided on LSR for SEA)
Call Screening Code Assignment is a FID associated with the selective class of call feature (which is on our
USOC list to validate.) Along with the eAS FID is a two-digit number that indicates what type of screening is
being requested. The CAS FID along with a two-digit number is provided in the Feature Detail section on the
LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature usoe and
that the two-digit number matches the two-digit number provided on the LSR.
WW (if provided on LSR for TFM)
Working With is a FID associated with the transfer mailbox feature (which is on our USOC list to validate.)
Along with the WW FID is a ten-digit number that indicates where the voice mailbox is located. The WW FID
along with the ten-digit number is provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FID is floated on the service order behind the feature USOC and that the ten-digit number
matches the ten-digit number provided on the LSR.
MBOA (if provided on LSR for VFN)
Mailbox out-dial notification is a FID associated with the message notification feature (which is on our USOC
list to validate.) Along with the MBOA FID is a two-digit alphanumeric combination that indicates where the
notification wil be sent (Le., identifies pager type.) The MBOA FID along with the two-digit alphanumeric
combination is provided in the Feature Detail section on the LSR. The PO-20 review wil validate that the FID
is floated on the service order behind the feature usoe and that the two-digit alphanumeric matches the two-
digit alphanumeric provided on the LSR.
DES on VGT (if provided on LSR)
Description is a FID associated with the scheduled greeting feature (which is on our USOC list to validate.)
Along with the DES FID is a ten-digit telephone number that reflects the DID mailbox number. The DES FID
along with the ten-digit telephone number is provided in the Feature Detail section on the LSR. The PO-20
review will validate that the FID is floated on the service order behind the feature USOC and that the ten-digit
telephone number matches the ten-digit telephone number provided on the LSR.
WLT (WLS Warm Line)
Warm line timeout is a FID associated with the warm line feature. Along with the WL T FID is a one or two
numeric value that indicates the number of seconds that must elapse before the DMS-100 switch sets up the
connection fora warm line service number. The WL T FID along with the one or two numeric value is provided
in the Feature Detail section on the LSR. The PO-20 review wil validate that the FID is floated on the service
order behind the feature USOC and that the one or two numeric value matches the one or two numeric value
provided on the LSR.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 107
APPENDIX A (continued)
FIDs associated with WFA (800 service line feature which is on our usoe list to validate):
SIT (if provided on LSR for WFA)
Special identifying telephone number is a FlO associated with the 800 service line feature. Along with
the SIT FlO is a ten-digit telephone number that reflects the 800, 888, 877, or 866 service line feature.
The SIT FlO along with the ten-digit telephone number is provided in the Feature Oetail section on the
LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the feature
USOC and that the ten-digit telephone number matches the ten-digit telephone number provided on
the LSR.
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SIS (if provided on LSR for WFA)
Special Identifying Telephone Number Supplemental is a FlO associated with the 800 service line
feature. The SiS FlO along with a one-digit number is provided in the Feature Oetail section on the
LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the feature
USOC and that the one-digit number matches the one-digit number provided on the LSR.
ELN (if provided on LSR for WFA)
800 Service listed name is a FlO associated with the 800 service line feature. Along with the ELN FlO
is a listed name, which follows the format of a business name. The ELN FlO along with the name is
provided in the Feature Oetail section on the LSR. The PO-20 review wil validate that the FlO is
floated on the service order behind the feature USOC and that the name matches the name provided
on the LSR.
ELA (if provided on LSR for WFA)
800 listed address is a FlO associated with the 800 service line feature. Along with the ELA FlO is an
address, which follows the format of a listed address plus LATA, State, and ZIP code. The ELA FlO
along with the address is provided in the Feature Oetail section on the LSR. The PO-20 review will
validate that the FlO is floated on the service order behind the feature USOC and that the address
matches the address provided on the LSR..AOS (if provided on LSR for WFA)
Area of service is a FlO associated with the 800 service line feature. Along with the AOS FlO are one
to two alphanumeric characters and three numeric characters which represents LATA and AC of the
address. The AOS FlO along with the additional characters are provided in the Feature Oetail section
on the LSR. The PO-20 review will validate that the FlO is floated on the service order behind the
feature USOC and that the additional characters match the additional characters provided on the LSR.
ALe (if provided on LSR for WFA)
IntraLATA carrier is a FlO associated with the 800 service line feature. It indicates the IntraLATA
carrier for the 800 service. Along with the ALC FlO is the three-digit code (OTC) for the IntraLATA
carrier. The ALC FlO along with the three-digit code is provided in the Feature Oetail section on the
LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the feature
USOC and that the three-digit code matches the three-digit code provided on the LSR.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 108
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APPENDIX A (continued)
Resale and UNE.P Centrex 21
FIDs associated with 503, 505, SFB, C2T AX (Electronic Business Set USOCs which are on our USOC
list to validate):
KEY (If provided on LSR for Electronic Business Set EBS USOCs)
Key Designation (KEY number) is a FlO associated with the Electronic Business Set feature. Along
with the KEY FlO is a numeric value that indicates the key designated for different features or lines on
the EBS. The KEY FlO along with the numeric value is provided in the Feature Detail section on the
LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the feature
USOC and that the numeric value matches the numeric value provided on the LSR.
MADN (If provided on LSR for Electronic Business Set EBS USOCs)
Multiple Appearance Directory Number Call Arrangement is a FlO associated with the Electronic
Business Set feature. Along with the MADN FlO is a set of alpha values that indicate the type,
appearance and ring status desired for different features or lines on the EBS. The KEY FlO along with
the alpha values is provided in the Feature Detail section on the LSR. The PO-20 review wil validate
that the FlO is floated on the service order behind the feature USOC and that the alpha values match
the alpha values provided on the LSR.
ROL (If provided on LSR for Electronic Business Set EBS USOCs)
Ring On Line is a FlO associated with the Electronic Business Set feature. Along with the ROL FlO is
an alpha value that indicates if the line wil ring (Yor N). The ROL FlO along with the alpha value is
provided in the Feature Detail section on the LSR. The PO-20 review wil validate that the FlO is
floated on the service order behind the feature USOC and that the alpha value matches the alpha
value provided on the LSR.
TTYD (If provided on LSR for C2TAX
Terminal Type is a FlO associated with the adjunct module feature. Along with the TTD FlO is a 4
character alpha value based on customer equipment. The TTD FlO along with the 4 character alpha
value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO
is floated on the service order behind the feature USOC and that the 4 character alpha value matches
the 4 character alpha value provided on the LSR.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 109
APPENDIX A (continued)
FIDs associated with E3PPK (CALL PICK-UP feature which is on our USOC list to validate):
CPG (If provided on LSR for E3PPK) .
Call Pickup Group is a FlO associated with the CALL PICK-UP feature. Along with the CPG FlO is a
1-3 digit numeric value that identifies the call pickup group. The CPG FlO along with the 1-3 digit
numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that
the FlO is floated on the service order behind the feature USOC and that the 1-3 digit numeric value
matches the 1-3 digit numeric value provided on the LSR.
CPUO (If provided on LSR for E3PPK)
Call Pickup-Originating is a FlO associated with the CALL PICK-UP feature. Along with the CPUO FlO
is an alphanumeric value that identifies the call pickup group. The CPUO FlO along with the
alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FlO is floated on the service order behind the feature USOC and that the
alphanumeric value matches alphanumeric value provided on the LSR.
CPUT (If provided on LSR for E3PPK)
Call Pickup-Terminating is a FlO associated with the CALL PICK-UP feature. Along with the CPUT
FlO is an alphanumeric value that identifies the call pickup group. The CPUT FlO along with the
alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review will
validate that the FlO is floated on the service order behind the feature USOC and that the
alphanumeric value matches alphanumeric value provided on the LSR.
FIDs associated with GVJ, EZJ, GVZ, GV2, EVH, GW (Speed Call feature USOCs that are on our USOC
list to validate):
SCG (If provided on LSR for Speed call USOCs)
Speed Call Group is a FlO associated with the Speed call feature. Along with the SCG FlO is a 7 digit
numeric value that identifies the controller of the group. The SCG FlO along with the 7 digit numeric
value is provided in the Feature Detail section on the LSR. The PO-20 review wil validate that the FlO .
is floated on the service order behind the feature USOC and that the 7 digit numeric value matches 7
digit numeric value provided on the LSR.
CSL (If provided on LSR for Speed call USOCs)
Change Speed Calling Group List is a FlO associated with the Speed call feature. Along with the CSL
FlO is a 2 digit numeric value that identifies the size of the group list. The SCG FlO along with the 7
digit numeric value is provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FlO is floated on the service order behind the feature USOC and that the 2 digit
numeric value matches 2 digit numeric value provided on the LSR.
SCF (If provided on LSR for Speed call USOCs)
Speed Callng Feature Name is a FlO associated with the Speed call feature. Along with the SCF FlO
is an alphanumeric value that identifies the controller of the shared list. The SCF FlO along with the
alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FlO is floated on the service order behind the feature USOC and that the
alphanumeric value matches alphanumeric value provided on the LSR.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 110
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EXHIBIT C
See Qwests Wholesale web-site for the Service Interval Guide.
Exhibit C -Qwest Fourteen State Template Version 1.8, May 11, 2005 1
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Exhibit D
.Date General Information Provided by Qwest:
General Agreement:
BAN Number(must be assigned before processing):
REVISED QWEST RIGHT OF WAY, POLE ATTACHMENT, INNERDUCT OCCUPANCY GENERAL
INFORMATION: EFFECTIVE 6/29/01
1 1. PURPOSE. The purpose of this General Information document is to share information and
provide or deny permission to attach and maintain CLEC's facilities ("Facilities") to Qwest
Corporation's ("Qwest") Poles, to place Facilities on or within Qwests Innerduct (collectively
"Poles/lnnerduct") and to obtain access to Qwests private right of way ("ROW"), to the extent Qwest
has the right to grant such access. This General Information is necessary to determine if Qwest can
meet the needs of the CLEC's request but does not guarantee that physical space or access is
currently available. Permission wil be granted on a first-come, first-serve basis on the terms and
conditions set forth in the appropriate agreement pertaining to"Poles/lnnerduct".
2 PROCESS. The Qwest process is designed to provide the CLEC the information so as to assist
CLEC and Qwest to make Poles, Innerduct and ROW decisions in a cost-effcient manner. The
Process has these distinct steps:
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2.1 Inquirv Review - Attachment 1.A (Database Search), The. CLEC is requested to review
this document and return Attachment 1.A along with two copies of a map and the nonrefundable
Inquiry Fee, calculated in accordance with Attachment 1.A hereto. These fees are intended to
cover Qwests expenses associated with performing an internal record (database) review,
preparing a cost estimate for the required field survey, setting up an account, and determining
time frames for completion of each task to meet the CLEC's Request. Be sure a BAN number is
assigned by the Qwest Service Support Representative for each request before sending an
Attachment 1.A. To request a BAN number send an email requesting one to:
wholesale.sercessupporteam(igwest.com. Include your name, company, phone number, email
address, city and state of our inquiry. A BAN number wil be assigned to your inquiry and wil be
emailed to you along with other materials.
As indicated on Attachment 1.A, a copy of the signed Attachment and maps of the desired route
must be emailed to wholesale.servicessupporteam(tqwest.com while the fee must be sent to the
Qwest CLEC Joint Use Manager with the original signed Attachment 1.A. The map should clearly
show street names and highways along the entire route, and specific locations of entry and exit of
the ROW/duct/pole system. Area Maps should be legible and identify all significant geographic
characteristics including, but not limited to, the following: Qwest central offces, streets, cities,
states, lakes, rivers, mountains, etc. Qwest reserves the right to reject ilegible or incomplete
maps. If CLEC wishes to terminate at a particular manhole (such as a POI) it must be indicated
on the maps. For ROW: Section, Range and Township, to the Y- section must also be provided.
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Qwest wil complete the Inquiry review and prepare and return a Poles/lnnerduct
Verification/ROW Access Agreement Preparation Costs Quotation (Attachment 1.B) to the CLEC
generally within ten (10) days or the applicable federal or state law, rule or regulation that governs
this Agreement in the state in which Innerduct attachment is requested. In the case of poles,
Qwest wil assign a Field Engineer and provide his/her name and phone number to the CLEC.
The Field Engineer wil check the local database and be available for a joint verification with the
CLEC. The Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation
will be valid for thirty (30) calendar days from the date of quotation. The Inquiry step results only
Qwest Idaho October 4, 2004 Page 1
Exhibit 0
in the location and mapping of Qwest facilities and does not indicate whether space is available.
This information is provided with Attachment 1.8. .
In the case of ROW, Qwest wil prepare and return a ROW information matrix and a copy of
agreements listed in the ROW Matrix, within ten (10) days. The ROW Matrix wil identify (a) the
owner of the ROW as reflected in Qwests records, and (b) the nature of each ROW (Le., publicly
recorded and non-recorded). The ROW information matrix wil also indicate whether or not Owest
has a copy of the ROW agreement in its possession. Qwest makes no representations or
warranties regarding the accuracy of its records, and CLEC acknowledges that, to the extent that
real property rights run with the land, the original granting party may not be the current owner of
the property.
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In the case of MDUs, Qwest wil prepare and return an MDU information matrix, within ten (10)
days, which wil identify (a) the owner of the MDU as reflected in Qwests records, and (b)
whether or not Qwest has a copy of the agreement between Qwest and the owner of a specific
multi-dwellng unit that grants Owest access to the multi-dwellng unit in its possession. Owest
makes no representations or warranties regarding the accuracy of its records, and CLEC
acknowledges that the original landowner may not be the current owner of the property.
Qwest wil provide to CLEC a copy of agreements listed in the Matrices that have not been
publicly recorded if CLEC obtains authorization for such disclosure from the third party owner(s)
of the real property at issue by an executed version of the Consent to Disclosure form, which is
included in Attachment 4. Qwest wil redact all dollar figures from copies of agreements listed in
the Matrices that have not been publicly recorded that Qwest provides to CLEC. Alternatively, in
order to secure any agreement that has not been publicly recorded, a CLEC may provide a
legally binding and satisfactory agreement to indemnify Qwest in the event of any legal action
arising out of Qwests provision of such agreement to CLEC. In that event, the CLEC shall not be
required to execute the Consent to Disclosure form.
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If there is no other effective agreement (i.e., an Interconnection Agreement) between CLEC and
Owes! concerning access to Poles, Ducts and ROW, then Attachment 3 must be executed by
both parties in order to start the Inquiry Review and in order for CLEC to obtain access to Poles,
Ducts and/or ROW.
2.2 Attachment 1.8 (Verification) & Attachment 4 (Access Agreement Preparation). With
respect to Poles and Innerduct, upon review and acceptance of signed Attachment 1.8 and
payment of the estimated verification costs by the CLEC, Qwest wil conduct facilities verification
and provide the requested information which mayor may not include the following: a review of
public and/or internal Qwest right-of-ways records for restrictions, identification of additional
rights-of-way required; a field survey and site investigation of the Innerduct, including the
preparation of distances and drawings, to determine availability on existing Innerduct;
identification of any make-ready costs required to be paid by the CLEC, if applicable, prior to
installng its facilities. In the case of Poles, Attachment 1.8 orders the field verification which may
be done jointly. A copy of the signed Attachment 1.8 should be emailed to
wholesale.servicessupportteam~qwest.com while the appropriate fees should be sent to the
Owest-CLEC Joint Use Manager with the original signed Attachment 1.8. Upon completion of the
verification, Attachment 2 wil be sent to the CLEC by Qwest.
With respect to ROW, upon review and acceptance of signed Attachment 1.8 and payment of the
ROW conveyance consideration, Qwest wil deliver to the CLEC an executed and acknowledged .
Access Agreement to the CLEC in the form attached hereto as Attachment 4 (the "Access
Owest Idaho October 4, 2004 Page 2
.
.
.
Exhibit D
Agreement"). In the event that the ROW in question was created by a publicly recorded document
and Qwest has a copy of such document in its files, a copy of the Right-of-Way Agreement, as
defined in the Access Agreement, wil be attached to the Access Agreement and provided to the
CLEC at the time of delivery of the Access Agreement. If the ROW was created by a document
that is not publicly recorded, or if Qwest does not have a copy of the Right-of-Way Agreement in
its possession, the Access Agreement will not have a copy of the Right-of-Way Agreement
attached. If the ROW was created by a non-publicly recorded document, but Qwest does not
have a copy of the Right-ot-Way Agreement in its possession, the CLEC must obtain a copy of
the Right-of-Way Agreement or other suitable documentation reasonably satisfactory to Qwest to
describe the real propert involved and the underlying rights giving rise to the Access Agreement.
Although Qwest wil provide the identity ot the original grantor of the ROW, as reflected in
Qwests records, the CLEC is responsible for determining the current owner of the property and
obtaining the proper signature and acknowledgement to the Access Agreement. If Qwest does
not have a copy of the Right-ot-Way Agreement in its records, it is the responsibilty ot the CLEC
to obtain a copy of the Right-of-Way Agreement. If the ROW was created by a publicly recorded
document, the CLEC must record the Access Agreement (with the Right-of-Way Agreement
attached) in the real property records of the county in which the propert is located. If the ROW
was created by a grant or agreement that is not publicly recorded, CLEC must provide Qwest with
a copy of the properly executed and acknowledged Access Agreement and, if applicable, properly
executed Consent Regarding Disclosure form or letter of indemnification.
Qwest is required to respond to each Attachment 1.8. submitted by CLEC within 35 days ot
receiving the Attachment 1.8. In the event that Qwest believes that circumstances require a
longer duration to undertake the activities reasonably required to deny or approve a request, it
may petition for relief before the Commission or under the escalation and dispute resolution
procedures generally applicable under the interconnection agreement, if any, between Qwest and
CLEC.
2.3 PoleslDuct Order Attachment 2 (Access). In the case of Poles and Innerduct, upon
completion of the inquiry and verification work described in Section 2.2 above, Qwest wil provide
the CLEC a Poles/lnnerduct Order (Attachment 2) containing annual recurring charges, estimated
Make-ready costs. Upon receipt of the executed Attachment 2 Order form from the CLEC and
applicable payment for the Make-Ready Fees identified, Qwest wil assign the CLEC's requested
space; Qwest wil also commence the Make-ready work within 30 days following payment of the
Make-Ready Fees. Qwest will notify CLEC when Poles/lnnerduct are ready for attachment or
placement of Facilities. A copy ot the signed Attachment 2 torm should be emailed to
wholesale.sericessupporteamcqgwest.com while the payment should go to the Joint Use
Manager along with the original signed Attachment 2.
NOTE: Make-ready work performed by Qwest concerns labor only. For Poles it involves
rearrangement to accommodate the new attachment. For Innerduct, it involves placing the
standard three innerducts in the conduit to accommodate fiber cable where spare conduit exists.
Segments without conduit space are considered "blocked". Qwest wil consider repair or clearing
damaged facilities, but may not construct new facilities as part ot Make-ready work.
Construction work to place conduit or replace poles may be required where facilties are blocked.
The CLEC may contract separately with a Qwest-approved contractor to complete the
construction provided a Qwest inspector inspects the work during and after construction. If other
parties benefit from construction, the costs may be divided among the beneficiaries. Construction
Qwest Idaho October 4, 2004 Page 3
Exhibit D
costs are not included in Attachment 2. The CLEC is not encouraged to sign the Poles/lnnerduct
Order (Attachment 2) until provisions have been made for construction. .
2.4 Provision of ROW/Poles/lnnerduct. Qwest agrees to issue to CLEC for any lawful
telecommunications purpose, a nonexclusive, revocable Order authorizing CLEC to install,
maintain, rearrange, transfer, and remove at its sole expense its Facilities on Poles/lnnerduct to
the extent owned or controlled by Qwest. Qwest provides access to Poles/lnnerductlROW in
accordance with the applicable federal, state, or local law, rule, or regulation, incorporated herein
by this reference, and said body of law, which governs this Agreement in the state in which
Poles/lnnerduct is provided. Any and all rights granted to CLEC shall be subject to and
subordinate to any future federal, state, and/or local requirements. Nothing in this General
Information shall be construed to require or compel Qwest to construct, install, modify, or place
any Poles/lnnerduct or other facility for use by the CLEC.
The costs included in the Poles/lnnerduct Verification Fee are used to cover the costs incurred by
Qwest in determining if Poles/lnnerduct space is available to meet the CLEC's request; however,
the CLEC must agree and wil be responsible for payment of the actual costs incurred if such
costs exceed the estimate. If the actual costs are less than the estimate, an appropriate credit
can be provided upon request. If Qwest denies access, Qwest shall do so in writing, specifying
the reasons for denial within 45 days of the initial inquiry.
Likewise, the fees included in the ROW processing costs quotation are used to cover the costs
incurred by Qwest in searching its databases and preparing the Access Agreement. In the event
that complications arise with respect to preparing the Access Agreement or any other aspect of
conveying access to Qwests ROW, the CLEC agrees to be responsible for payment of the actual
costs incurred if such costs exceed the standard fees; actual costs shall include, without
limitation, personnel time, including attorney time..
3. DISPUTE RESOLUTION
3.1. Other than those claims over which a federal or state regulatory agency has exclusive
jurisdiction, all claims, regardless of legal theory, whenever brought and whether between the
parties or between one of the parties to this Agreement and the employees, agents or affliated
businesses of the other party, shall be resolved by arbitration. A single arbitrator engaged in the
practice of law and knowledgeable about telecommunications law shall conduct the arbitration in
accordance with the then current rules of the American Arbitration Association ("AA") unless
otherwise provided herein. The arbitrator shall be selected in accordance with AA procedures
from a list of qualified people maintained by AA. The arbitration shall be conducted in the
regional AA office closest to where the claim arose.
3.2. All expedited procedures prescribed by the AA shall apply. The arbitrator's decision
shall be final and binding and judgment may be entered in any court having jurisdiction thereof.
3.3. Other than the determination of those claims over which a regulatory agency has
exclusive jurisdiction, federal law (including the provisions of the Federal Arbitration Act, 9 U.S.C.
Sections 1-16) shall govern and control with respect to any issue relating to the validity ofthis
Agreement to arbitrate and the arbitrability of the claims.
3.4. If any part files a judicial or administrative action asserting claims subject to arbitration,
and another party successfully stays such action and/or compels arbitration of such claims, the .
Owest Idaho October 4, 2004 Page 4
.
.
.
Exhibit D
party filing the action shall pay the other party's costs and expenses incurred in seeking such stay
or compellng arbitration, including reasonable attorney's fees.
Qwest Idaho October 4, 2004 Page 5
Exhibit D
ATTACHMENT 1. A
Poles/lnnerductl or ROW Inquiry Preparation Fee
General Agreement
BAN Number (one for each route must be assigned before processing):
.
Date Submitted:Date Replied to CLEC:
CLEC Name
Biling Address:
Phone Number:
State and city of inquiry:
Contact name:
e-mail address:
Poles/lnnerduct Permit Database Search Costs Quotation(One Mile Minimum) Costs Est. Miles Total
1. Pole Inquiry Fee (see attached pricing chart) X
2. Innerduct Inquiry Fee (see attached pricing chart) X
3. ROW Records Inquiry (see attached pricing chart) X
4. Estimated Interval for Completion of Items 1, 2 or 3: 10
5. Additional requirements of CLEC:
= $
= $
= $
Days
This Inquiry wil result in (a) for Poles and Innerduct: a drawing of the duct or innerduct structure
fitting the requested route, if available, and a quote of the charges for field verification, and/or (b)
in the case of ROW, a ROW identification matrix, a quote of the charges for preparation of and .
consideration for, the necessary Access Agreements, and copies of ROW documents in
Qwests Possession. (c) For Poles, the name and telephone number of the Field Engineer are
provided so that the CLEC may contact the Qwest Field engineer and discuss attachment plans.
If a field verification of poles is required, Attachment 1.B must be completed and the appropriate
charges paid. Innerduct verification is always needed.
By signing below and providing payment of the Estimated Costs identified above, the CLEC
desires Qwest to proceed with the processing of its database/records search and acknowledges
receipt of this General Information, including the General Terms and Conditions under which
Qwest offers such Poles/lnnerduct. Quotes 'expire in 30 days.
Qwest Corporation
Signature Signature
Name Tvped or Printed Name Typed or Printed
Title Title
Date Date
This signed form (original) must be sent with a check for the Inquiry amount (to "Qwest") to:.
Qwest Idaho October 4, 2004 Page 6
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.
.
Exhibit 0
Manager, Qwest Joint Use, 6912 S Quentin, Suite 101, Englewood, CO 80112 303.784-0387
A copy of this form must be sent with two acceptably-detailed maps showing the requested route to:
Qwest Service Representative at: wholesale.servicessupportteamaYgwest.com. Put "Agree" on
signature line.
Qwest Idaho October 4, 2004 Page?
Exhibit D
ATTACHMENT 1.8
General Agreement
BAN Number:
Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation
.
Date Nonrefundable Received:Date Replied to CLEC:
**NOTE: THIS ATTACHMENT WILL BE COMPLETED BY QWEST AND SENT TO THE CLEC FOR
SIGNATURE AFTER THE DATABASE INQUIRY IS COMPLETE.**
Estimated Costs Number Total Charge
4. Access Agreement Prep. and Consideration$10/ Access Agreement
$
$
$
$
1. Pole Field Verification Fee (10 pole minimum)
2. Innerduct Field Verification Fee
3. Preparation of private ROW documents
5. Estimated Interval to Complete Items 1 or2 or 3 and/or 4:Working Days
Comments:.
By signing below and providing payment of the Total Estimated Costs identified above, the CLEC desires
Qwest to proceed with the processing of its field survey/preparation of Access Agreements, and
acknowledges receipt of this General Information, including the General Terms and Conditions under
which Owest offers such ROW/Poles/lnnerduct. The CLEC acknowledges the above costs are estimates
only and CLEC may be financially responsible for final actual costs which exceed this estimate, or
receive credit if requested. Quotes expire in 30 days.
Owest Corporation
Signature Signature
Name Typed or Printed Name Typed or Printed
Title Title
Date Date
The original signed form must be sent with a check for the verification amount to:.
Qwest Idaho October 4, 2004 Page 8
Exhibit 0
Manager, Qwest CLEC Joint Use, 6912 S Quentin, Suite 101, Englewood, CO 80112
. An email copy of this form must be sent to: wholesale.sercessupportteamßYgwest.com, with "Agree" on
the signature line.
.
.
Qwest Idaho October 4, 2004 Page 9
Exhibit D
ATTACHMENT 2Poles/lnnerduct Order General Agreement .
BAN Number:
**NOTE: THIS FORM WILL BE COMPLETED BY QWEST AND SENT TO CLEC FOR SIGNATURE**
Make-ready Work required: Yes ( ) No () Date Received
If Yes is checked, estimated Make-ready costs: $
The following Attachments are hereby incorporated by reference into this Order:
1 . Term - Effective Date -
2. Summary of Field Results (including Make-Ready work if required).
3. When placing fiber, CLEC must:
a. provide Qwest representative, a final design of splice, racking and slack locations in Qwest utility holes.
b. tag all equipment located inIon Qwests facilities from beginning of the route to the end, and at the entrance and
exit of each utilty hole with the following information: (1) CLEC's Name and Contact Number, (2) Contract Number
and Date of Contract, (3) Number of Fibers in the Innerduct and Color of Occupied Innerduct.
A IR Ch i h' Pnnuaecurrngarges or t is ermit:
Total Annual
Annual Charae Quantitv Charge
1. Pole Attachment, Per Pole $/$
2, Innerduct Occupancy, Per Foot $$
3.Request conf. call for Construction?YES NO .
Please check YES if construction by Qwest is needed for access to Qwest manholes (e.g. core drills, stubouts, not
innerduct placement) For Poles, quantity is based on the number of vertical feet used (One cable attachment = one
foot). If you do not place an order at this time, these Polesllnnerduct wil be assigned on a first come-first served
basis.
Additional Comments: THE ESTIMATED COSTS ARE FOR THE INSTALLATION OF INNERDUCT OR
REARRANGEMENT PER THE WORK SHEETS. THE ANNUAL RECURRING CHARGE FOR YEAR 2001 HAS
BEEN PRORATED TO (/DAY * DAYS). PLEASE PROVIDE PAYMENT FOR THE MAKE-
READY COSTS AND THE PRORATED 2001 RECURRING FEE ALONG WITH THIS SIGNED ORDER
By signing below and providing payment of the Make-ready costs and the first year's prorated Annual Recurring
Charge (or, if CLEC requests Semiannual billng, then the first half-year's prorated Semiannual Recurring Charge),
the CLEC desires Qwest to proceed with the Make-ready Work identified herein and acknowledges receipt of the
General Terms and Conditions under which Qwest offers such Poles/lnnerduct. By signing this document you are
agreeing to the access described herein. Quotes expire in 90 days.
Return this signed form and check to: Manager, Joint Use Supervisor, Suite 101, 6912 S. Quentin,
Englewood, CO 80112. Send a copy to: wholesale.servicessupporteam(âawest.com.
Qwest Corporation
SiQnature Signature
Name Tvped or Printed Name Typed or Printed .
Qwest Idaho October 4, 2004 Page 10
.
.
.
Exhibit D
I TitleDate §::e
Qwest Idaho October 4, 2004 Page 11
Exhibit D
ATTACHMENT 3 .
General Agreement:
QWEST RIGHT OF WAY ACCESS, POLE ATTACHMENT AND/OR INNERDUCT OCCUPANCY
GENERAL TERMS AND CONDITIONS
This is an Agreement between ("CLEC") and Owest Corporation ("Owest"), for
one or more Orders for the CLEC to obtain access to Owests Right-of-Way ("ROW") and/or to
install/attach and maintain their communications facilities ("Facilities") to Owests Poles and/or placement
of Facilities on or within Owests Innerduct (collectively "Poles/lnnerduct") described in the General
Information and CLEC Map, which are incorporated herein by this reference (singularly "Order" or
collectively, "Orders"). If there is no other effective agreement (i.e., an Interconnection Agreement)
between CLEC and Owest concerning access to Poles, Ducts and ROW, then this
Agreement/Attachment 3 must be executed by both parties in order to start the Inquiry Review and in
order for CLEC to obtain access to Poles, Ducts and/or ROW.
1. SCOPE.
1.1 Subject to the provisions of this Agreement, Owest agrees to issue to CLEC for any lawful
telecommunications purpose, (a) one or more nonexclusive, revocable Orders authorizing
CLEC to attach, maintain, rearrange, transfer, and remove at its sole expense its Facilities
on Poles/lnnerduct owned or controlled by Owest, and/or (b) access to Owests ROW to
the extent that (i) such ROW exists, and (ii) Owest has the right to grant access to the
CLEC. Any and all rights granted to CLEC shall be subject to and subordinate to any
future local, state and/or federal requirements, and in the case of ROW, to the original
document granting the ROW to Owest or its predecessors.
.
1.2 Except as expressly provided herein, nothing in this Agreement shall be construed to
require or compel Owest to construct, install, modify, or place any Poles/lnnerduct or other
facility for use by: CLEC or to obtain any ROW for CLEC's use.
1.3 Owest agrees to provide access to ROW/Poles/lnnerduct in accordance with the
applicable local, state or federal law, rule, or regulation, incorporated herein by this
reference, which governs this Agreement in the state in which Poles/lnnerduct is provided.
2. TERM. Any Order issued under this Agreement for Pole attachments or Innerductoccupancy
shall continue in effect for the term specified in the Order. Any access to ROW shall be non-
exclusive and perpetual, subject to the terms and conditions of the Access Agreement (as
hereinafter defined) and the original instrument granting the ROW to Owest. This Agreement shall
continue during such time CLEC is providing Poles/lnnerduct attachments under any Order to this
Agreement.
3. TERMINATION WITHOUT CAUSE.
3.1 To the extent permitted by law, either part may terminate this Agreement (which wil have
the effect of terminating all Orders hereunder), or any individual Order(s) hereunder,
without cause, by providing notice of such termination in writing and by certified Mail to the
other party. The written notice for termination without cause shall be dated as of the day it .
Owest Idaho October 4, 2004 Page 12
.
.
.
Exhibit 0
is mailed and shall be effective no sooner than one hundred twenty (120) calendar days
from the date of such notice.
3.2.Termination of this Agreement or any Order hereunder does not release either party from
any liability under this Agreement that may have accrued or that arises out of any claim
that may have been accruing at the time of termination, including indemnity, warranties,
and confidential information.
3.3 If Owest terminates this Agreement for Cause, or if CLEC terminates this Agreement
without Cause, CLEC shall pay termination charges equal to the amount of fees and
charges remaining on the terminated Order(s) and shall remove its Facilities from the
Poles/lnnerduct within sixty (60) days, or cause Owest to remove its Facilities from the
Poles/lnnerduct at CLEC's expense; provided, however, that CLEC shall be liable for and
pay all fees and charges provided for in this Agreement to Owest until CLEC's Facilities
are physically removed. Notwithstanding anything herein to the contrary, upon the
termination of this Agreement for any reason whatsoever, all Orders hereunder shall
simultaneously terminate.
3.4 If this Agreement or any Order is terminated for reasons other than Cause, then CLEC
shall remove its Facilities from Poles/lnnerduct within one hundred and eighty (180) days
from the date of termination; provided, however, that CLEC shall be liable for and pay all
fees and charges provided for in this Agreement to Owest until CLEC's Facilities are
physically removed.
3.5 Owest may abandon or sell any Poles/lnnerduct at any time by giving written notice to the
CLEC. Upon abandonment of Poles/lnnerduct, and with the concurrence of the other
CLEC(s), if necessary, CLEC shall, within sixty (60) days of such notice, either apply for
usage with the new owner or purchase the Poles/lnnerduct from Owest, or remove its
Facilities therefrom. Failure to remove its Facilties within sixty (60) days shall be deemed
an election to purchase the Poles/lnnerduct at the current market value.
4. CHARGES AND BILLING.
4.1. CLEC agrees to pay Owest Poles/lnnerduct usage fees ("Fees") as specified in the Order.
Fees wil be computed in compliance with applicable local, state and Federal law,
regulations and guidelines. Such Fees wil be assessed, in advance on an annual basis.
Annual Fees wil be assessed as of January 1 st of each year. Fees are not refundable
except as expressly provided herein. CLEC shall pay all applicable Fees and charges
specified herein within thirty (30) days from receipt of invoice. Any outstanding invoice wil
be subject to applicable finance charges.
4.2. Owest has the right to revise Fees, at its sole discretion, upon written notice to CLEC
within at least sixt (60) days prior to the end of any annual billng period.
5. INSURANCE. The CLEC shall obtain and maintain at its own cost and expense the following
insurance during the life of the Contract:
5.1. Workers' Compensation and/or Longshoremen's and Harbor Workers Compensation
insurance with (1) statutory limits of coverage for all employees as required by statute;
and (2) although not required by statute, coverage for any employee on the job site; and
Owest Idaho October 4, 2004 Page 13
Exhibit D
(3) Stop Gap liability or employer's liability insurance with a limit of One HundredThousand Dollars ($100,000.00) for each accident. .
5.2 General liability insurance providing coverage for underground hazard coverage
(commonly referred to as "U" coverage), products/completed operations, premises
operations, independent contractots protection (required if contractor subcontracts the
work), broad form property damage and contractual liability with respect to liability
assumed by the CLEC hereunder. This insurance shall also include: (1) explosion
hazard coverage (commonly referred to as "X" coverage) if the work involves blasting and
(2) collapse hazard coverage (commonly referred to as "c" coverage) if the work may
cause structural damage due to excavation, burrowing, tunneling, caisson work, or under-
pinning. The limits of liability for this coverage shall be not less than One Milion Dollars
($1,000,000.00) per occurrence combined single limit for bodily injury or property damage.
These limits of liability can be obtained through any combination of primary and excess or
umbrella liability insurance.
5.3 Comprehensive automobile liability insurance covering the use and maintenance of
owned, non-owned and hired vehicles. The limits of liability for this coverage shall be not
less than One Millon Dollars ($1,000,000.00) per occurrence combined single limit for
bodily injury or property damage. These limits of liabilty can be obtained through any
combination of primary and excess or umbrella liability insurance.
5.4 Owest may require the CLEC from time-to-time during the life of the Contract to obtain
additional insurance with coverage or limits in addition to those described above.
However, the additional premium costs of any such additional insurance required by
Owest shall be borne by Owest, and the CLEC shall arrange to have such costs biled
separately and directly to Owest by the insuring carrier(s). Owest shall be authorized by
the CLEC to confer directly with the agent(s) of the insuring carrier(s) concerning the
extent and limits of the CLEC's insurance coverage in order to assure the sufficiency
thereof for purposes of the work performable under the Contract and to assure that such
coverage as a hole with respect to the work performable are coordinated from the
standpoint of adequate coverage at the least total premium costs.
.
5.5 The insuring carrier(s) and the form of the insurance policies shall be subject to approval
by Owest. The CLEC shall forward to Owest, certificates of such insurance issued by the
insuring carrier(s). The insuring carrier(s) may use the ACORD form, which is the
Insurance Industries certificate of insurance form. The insurance certificates shall provide
that: (1) Owest is named as an additional insured; (2) thirty (30) calendar days prior
written notice of cancellation of, or material change or exclusions in, the policy to which
the certificates relate shall be given to Owest; (3) certification that underground hazard
overage (commonly referred to as "U" coverage) is part of the coverage; and (4) the words
"pertains to all operations and projects performed on behalf of the certificate holdet' are
included in the description portion of the certifcate. The CLEC shall not commence work
hereunder until the obligations of the CLEC with respect to insurance have been fulfilled.
The fulfilment of such obligations shall not relieve the CLEC of any liability hereunder or
in any way modify the CLEC's obligations to indemnify Owest.
5.6 Whenever any work is performed requiring the excavation of soil or use of heavy
machinery within fifty (50) feet of railroad tracks or upon railroad right-of-way, a Railroad
Protective Liability Insurance policy wil be required. Such policy shall be issued in the .
name of the Railroad with standard limits of Two Milion Dollars ($2,000,000.00) per
Qwest Idaho October 4, 2004 Page 14
.
5.7
Exhibit D
occurrence combined single limit for bodily injury, property damage or physical damage to
property with an aggregate limit of Six Million Dollars ($6,000,000.00). In addition, said
policy shall name Qwest and the CLEC/SubCLEC on the declarations page with respect
to its interest in these specific job. Said insurance policy shall be in form and substance
satisfactory both to the Qwest and the Railroad and shall be delivered to and approved by
both parties prior to the entry upon or use of the Railroad Property.
Whenever any work must be performed in the Colorado State Highway right-of-way,
policies and certificates of insurance shall also name the State of Colorado as an
additional insured. Like coverage shall be furnished by or on behalf of any subcontractor.
Copies of said certificates must be available on site during the performance of the work.
6. CONSTRUCTION AND MAINTENANCE OF FACILITIES.
6.1 Qwest retains the right, in its sole judgment, to determine the availability of space on
Poles/lnnerduct. When modifications to a Qwest spare conduit include the placement of
innerduct, Qwest retains the right to install the number of innerducts required to occupy
the conduit structure to its full capacity. In the event Qwest determines that
rearrangement of the existing facilities on Poles/lnnerduct is required before CLEC's
Facilities can be accommodated, the cost of such modification wil be included in the
CLEC's nonrecurring charges for the associated Poles/lnnerduct Order.
6.2 CLEC shall be solely responsible for obtaining the necessary underlying legal authority to
occupy Poles/lnnerduct on governmental, federal, Native American, and private rights of
way, as applicable, and Qwest does not warrant or represent that providing CLEC with
access to the Poles/lnnerduct in any way constitutes such legal right. The CLEC shall
obtain any necessary permits, licenses, bonds, or other legal authority and permission, at
the CLEC's sole expense, in order to perform its obligations under this Agreement. The
CLEC shall contact all owners of public and private rights-of-way, as necessary, to obtain
written permission required to perform the work prior to entering the property or starting
any work thereon and shall provide Qwest with written documentation of such legal
authority prior to placement of its facilities on or in the Poles/lnnerduct. The CLEC shall
comply with all conditions of rights-of-way and Orders.
.
6.3 CLEC's Facilities shall be placed and maintained in accordance with the requirements and
specifications of the current applicable standards of Bellcore Manual of Construction
Standards, the National Electrical Code, the National Electrical Safety Code, and the rules
and regulations of the Occupational Safety and Health Act, all of which are incorporated
herein by referenGe, and any governing authority having jurisdiction of the subject matter
of this Agreement. Where a difference in specifications exists, the more stringent shall
apply. Failure to maintain Facilities in accordance with the above requirements shall be
Cause as referenced in Section 3 to this Agreement for termination of the Order in
question. Termination of more than two (2) Orders in any twelve-month period pursuant
to the foregoing sentence shall be Cause as referenced in Section 3 for termination of this
Agreement. Qwests procedures governing its standard maintenance practices shall be
made available upon request for public inspection at the appropriate Qwest premises.
CLEC's procedures governing its standards maintenance practices for Facilities shall be
made available to Qwest upon written request. CLEC shall within thirty (30) days comply
and provide the requested information to Qwest to bring their facilities into compliance
with these terms and conditions..
Qwest Idaho October 4, 2004 Page 15
Exhibit D
6.4. In the event of any service outage affecting both Qwest and CLEC, repairs shall be
effectuated on a priority basis as established by local, state or federal requirements, or .
where such requirement do not exists, repairs shall be made in the following order:
electrical, telephone (local), telephone (long distance), and cable television, or as mutually
agreed to by the users of the effected Poles/lnnerduct.
6.5 In the event of an infrastructure outage, the CLEC should contact their Network
Maintenance Center at 1-800-223-7881 or the CLEC may contact their Account Manager
at the Interconnect Service Center.
7. MODIFICATION TO EXISTING POLES/INNERDUCT.
7.1.If CLEC requests Qwest to replace or modify existing Poles/lnnerduct to increase its
strength or capacity for the benefit of the CLEC and Qwest determines in its sole
discretion to provide the requested capacity, the CLEC shall pay Qwest the total
replacement cost, Qwests cost to transfer its attachments, as necessary, and the cost for
removal (including destruction fees) of any replaced Poles/lnnerduct, if such is necessary.
Ownership of new Poles/lnnerduct shall vest in Qwest. To the extent that a modification is
incurred for the benefit of multiple parties, CLEC shall pay a proportionate share of the
total cost as outlined above, based on the ratio of the amount of new space occupied by
the Facilties to the total amount of space occupied by all parties joining the modification.
Modifications that occur in order to bring Poles/lnnerduct into compliance with applicable
safety or other requirements shall be deemed to be for the benefit of the multiple parties
and CLEC shall be responsible for its pro rata share of the modification cost. Except as
set forth herein, CLEC shall have no obligation to pay any of the cost of replacement or
modification of Poles/lnnerduct requested solely by third parties..
7.2 Written notification of modification initiated by or on behalf of Qwest shall be provided to
CLEC at least sixty (60) days prior to beginning modifications if such modifications are not
the result of an emergency situation. Such notification shall include a brief description of
the nature and scope of the modification. If CLEC does not rearrange its facilitates within
sixty (60) days after receipt of written notice from Qwest requesting such rearrangement,
Qwest may perform or cause to have performed such rearrangement and CLEC shall pay
for cost thereof. No such notice shall be required in emergency situations or for routine
maintenance of Poles/lnnerduct.
8. INSPECTION OF FACILITIES. Qwest reserves the right to make final construction, subsequent
and periodic inspections of CLEC's facilities occupying the Poles/lnnerduct system. CLEC shall
reimburse Qwest for the cost of such inspections except as specified in Section 8 hereof.
8.1. CLEC shall provide written notice to Qwest, at least fifteen (15) days in advance, of the
locations where CLEC's plant is to be constructed.
8.2. The CLEC shall forward Exhibit A, entitled "Pullng In Report" attached hereto and
incorporated herein by this reference, to Qwest within five (5) business days of the date(s)
of the occupancy.
8.3. Qwest shall provide written notification to CLEC within seven (7) days of the date of
completion of a final construction inspection..
Qwest Idaho October 4, 2004 Page 16
.
.
Exhibit 0
8.4. Where final construction inspection by Qwest has been completed, CLEC shall be
obligated to correct non-complying conditions within thirty (30) days of receiving written
notice from Qwest. In the event the corrections are not completed within the thirty (30)-
day period, occupancy authorization for the Poles/lnnerduct system where non-complying
conditions remain uncorrected shall terminate immediately, regardless of whether CLEC
has energized the facilities occupying said Poles/lnnerduct system, unless Qwest has
provided CLEC a written extension to comply. CLEC shall remove its facilities from said
Poles/lnnerduct in accordance with the provisions set forth in Section 10 of this
Agreement. No further occupancy authorization shall be issued to CLEC until such non-
complying conditions are corrected or until CLEC's facilities are removed from the
Pole/Conduit system where such non-complying conditions exist. If agreed to in writing,
by both parties, Qwest shall perform such corrections and CLEC shall pay Qwest the cost
of performing such work. Subsequent inspections to determine if appropriate corrective
action has been taken my be made by Qwest.
8.5. Once the CLECs facilities occupy Qwest Poles/lnnerduct system and Exhibit A has been
received by Qwest, Qwest may perform periodic inspections. The cost of such
inspections shall be borne by Qwest, unless the inspection reveals any violations,
hazards, or conditions indicating that CLEC has failed to comply with the provisions set
forth in this Agreement, in which case the CLEC shall reimburse Qwest for full costs of
inspection, and re-inspection to determine compliance as required. A CLEC
representative may accompany Qwest on field inspections scheduled specifically for the
purpose of inspecting CLEC's Facilties; however, CLEC's costs associated with its
participation in such inspections shall be borne by CLEC. Qwest shall have no obligation
to notify CLEC, and CLEC shall have no right to attend, any routine field inspections.
8.6. The costs of inspections made during construction and/or the final construction survey
and subsequent inspection shall be billed to the CLEC within thirty (30) days upon
completion of the inspection.
8.7. Final construction, subsequent and periodic inspections or the failure to make such
inspections, shall not impose any liability of any kind upon Qwest, and shall not relieve
CLEC of any responsibilities, obligations, or liability arising under this Agreement.
9. UNAUTHORIZED FACILITIES
.
9.1
Qwest Idaho
If any facilities are found attached to Poles/lnnerduct for which no Order is in effect,
Qwest, without prejudice to any other rights or remedies under this Agreement, shall
assess an unauthorized attachment administrative fee of Two Hundred Dollars ($200.00)
per attachment per Pole or innerduct run between manholes, and require the CLEC to
submit in writing, within ten (10) day after receipt of written notification from Qwest of the
unauthorized occupancy, a Poles/lnnerduct application. Qwest shall waive the
unauthorized attachment fee if the following conditions are both met: (1) CLEC cures
such unauthorized attachment (by removing it or submitting a valid Order for attachment
in the form of Attachment 2 of Exhibit D, within thirty (30) days of written notification from
Qwest of the unauthorized attachment; and (2) the unauthorized attachment did not
require Qwest to take curative measures itself (e.g., pullng additional innerduct) prior to
the cure by CLEC. Qwest shall also waive the unauthorized attachment fee if the
unauthorized attachment arose due to error by Qwest rather than by CLEC. If such
application is not received by Qwest within the specified time period, the CLEC wil be
required to remove its unauthorized facility within ten (10) days of the final date for
October 4, 2004 Page 17
10.
11.
Exhibit 0
submitting the required application, Owest may remove the CLEC's facilities withoutliability, and the cost of such removal shall be borne by the CLEC. .
9.2 For the purpose of determining the applicable charge, the unauthorized Poles/lnnerduct
occupancy shall be treated as having existed for a period of five (5) years prior to its
discovery, and the charges, as specified in Section 4, shall be due and payable forthwith
whether or not CLEC is ordered to continue the occupancy of the Poles/lnnerduct system.
9.3. No act or failure to act by Owest with regard to an unauthorized occupancy shall be
deemed to constitute the authorization of the occupancy; any authorization that may be
granted subsequently shall not operate retroactively or constitute a waiver by Owest of
any of its rights of privileges under this Agreement or otherwise.
REMOVAL OF FACILITIES. Should Owest, under the provisions of this Agreement, remove
CLEC's Facilties from the Poles/lnnerduct covered by any Order (or otherwise), Owest wil
deliver the Facilities removed upon payment by CLEC of the cost of removal, storage and
delivery, and all other amounts due Owest. If payment is not received by Owest within thirty (30)
days, CLEC wil be deemed to have abandoned such facilities, and Owest may dispose of said
facilities as it determines to be appropriate. If Owest must dispose of said facilities, such action
wil not relieve CLEC of any other financial responsibility associated with such removal as
provided herein. If CLEC removes its Facilities from Poles/lnnerduct for reasons other than repair
or maintenance purposes, the CLEC shall have no right to replace such facilities on the
Poles/lnnerduct until such time as all outstanding charges due to Owest for previous occupancy
have been paid in fulL. CLEC shall submit Exhibit S, entitled "Notification of Surrender of
Modification of Conduit Occupancy License by CLEC," or Exhibit C, entitled "Notification of
Surrender of Modification of Pole Attachment by CLEC," each as attached hereto, advising Owest
as to the date on which the removal of Facilities from each Poles/lnnerduct has been completed..
INDEMNIFICATION AND LIMITATION OF LIABILITIES. CLEC shall indemnify and hold
harmless Owest, its owners, parents, subsidiaries, affiliates, agents, directors, and employees
against any and all liabilities, claims, judgments, losses, orders, awards, damages, costs, fines,
penalties, costs of defense, and attorneys' fees ("Liabilties") to the extent they arise from or in
connection with: (1) infringement, or alleged infringement, of any patent rights or claims caused,
or alleged to have been caused, by the use of any apparatus, appliances, equipment, or parts
thereof, furnished, installed or utilized by the CLEC; (2) actual or alleged fault or negligence of the
CLEC, its officers, employees, agents, subcontractors and/or representatives; (3) furnishing,
performance, or use of any material supplied by CLEC under this Contract or any product liability
claims relating to any material supplied by CLEC under this Contract; (4) failure of CLEC, its
officers, employees, agents, subcontractors and/or representatives to comply with any term of
this Contract or any applicable local, state, or federal law or regulation, including but not limited to
the OSH Act and environmental protection laws; (5) assertions under workers' compensation or
similar employee benefit acts by CLEC or its employees, agents, subcontractors, or
subcontractors' employees or agents; (6) the acts or omissions (other than the gross negligence
or wilful misconduct) of Owest, its offcers, employees, agents, and representatives, except as
otherwise provided in paragraphs 11.3 and 11.4 below; and/or, (7) any economic damages that
may rise, including damages for delay or other related economic damages that the Owest or third
parties may suffer or allegedly suffer as a result of the performance or failure to perform work by
the CLEC. If both Owest and the CLEC are sued as a result of or in connection with the
performance of work arising out of this Contract, the parties hereby agree that the defense of the
case (including the costs of the defense and attorneys' fees) shall be the responsibility of the
CLEC,if Owest desires. Owest shall give the CLEC reasonable written notice of all such claims .
Qwest Idaho October 4, 2004 Page 18
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.
.
Exhibit D
and any suits alleging such claims and shall furnish upon the CLEC's request and at the CLEC's
expense all information and assistance available to the Qwest for such defense. The parties shall
employ Article 13, Dispute Resolution, to resolve any dispute concerning the proportional fault
and liability after the underlying case is terminated.
11.1 IF WORK IS PERFORMED IN THE STATE OF WASHINGTON UNDER THIS
GENERAL CONTRACT, THE CLEC ACKNOWLEDGES AND AGREES THAT THIS
INDEMNIFICATION OBLIGATION SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL
CLAIMS AGAINST QWEST BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE
CLEC, AND THE CLEC EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON
LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, OTHER WORKERS'
COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE
BENEFIT ACT OF ANY JURISDICTION WHICH WOULD OTHERWISE BE
APPLICABLE IN THE CASE OF SUCH A CLAIM.
11.2 Except as expressly provided herein, NEITHER PARTY SHALL BE LIABLE TO THE
OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF USE,
LOSS OF BUSINESS OR LOSS OF PROFIT; provided, however, there shall be no
limitation on a party's liability to the other for any fines or penalties imposed on the
other party by any court of competent jurisdiction or federal, state or local
administrative agency resulting from the failure of the party to comply with any term or
condition of this Contract or any valid and applicable law, rule or regulation.
11.3 FOR ANY WORK PERFORMED IN ARIZONA, IDAHO, SOUTH DAKOTA, UTAH OR
WASHINGTON, SECTION 11(6) SHALL NOT EXTEND TO THE SOLE
NEGLIGENCE OF QWEST BUT SHALL EXTEND TO THE NEGLIGENCE OF
QWEST WHEN CONCURRENT WITH THAT OF THE ClEC.
11.4 FOR ANY WORK PERFORMED IN THE STATES OF MINNESOTA, NEBRASKA,
NEW MEXICO, OR OREGON, ARTICLE 11 SHALL NOT APPLY, EXCEPT THAT
SECTION 11 SHALL APPLY FOR WORK PERFORMED IN MINNESOTA FOR
MAINTENANCE OR REPAIR OF MACHINERY, EQUIPMENT, OR OTHER SUCH
DEVICES, USED AS PART OF A MANUFACTURING, COVERING, OR OTHER
PRODUCTION PROCESS INDULGING ELECTRIC, GAS, STEAM, AND
TELEPHONE UTILITY EQUIPMENT USED FOR PRODUCTION, TRANSMISSION,.
OR DISTRIBUTION PURPOSES.
12. FORCE MAJEURE
12.1 The CLEC shall be excused from its performance as to any Order if prevented by acts or
events beyond the CLEC's reasonable control including extreme weather conditions,
strikes, fires, embargoes, actions of civil or military law enforcement authorities, acts of
God, or acts of legislative, judicial, executive, or administrative authorities.
12.2 If such contingency occurs, Qwest may elect:
12.2.1 To terminate this Agreement as to the Order in question; or
Qwest Idaho October 4, 2004 Page 19
Exhibit D
12.2.2 To terminate already-assigned specific work assignment(s) the CLEC is unable to
perform, or any part thereof, and to assign new specific work assignments to other .
parties for the duration of the cause of the delay; or
12.2.3 To suspend already-assigned specific work assignment(s) the CLEC is unable to
perform, or any part thereof, for the duration of the cause of the delay; and to
assign new specific work assignments to other parties for the duration of the cause
of the delay.
12.3 Qwest shall be deemed to have elected Section 12.2.3 above unless written notice of
termination is given by Qwest after the contingency occurs. With respect to Qwests
election of Section 12.2.3 above:
12.3.1 Qwest shall give the CLEC written notice of the work to be performed by
such other party prior to its performance and shall deduct from the CLEC's
price the cost of the work or services actually performed by such other
parties.
12.3.2 The CLEC shall resume performance, and complete any work not
performed or to be performed by another party, once the delaying cause
ceases.
12.3.3 If appropriate, at the Qwests discretion, the time for completion of specific
work assignment(s) shall be extended up to the length of time the
contingency endured.
12.4 Qwest shall be excused from its performance if prevented by acts or events beyond the
Qwests reasonable control including extreme weather conditions, strikes, fires,
embargoes, actions of civil or military law enforcement authorities, acts of God, or acts of
legislative, judicial, executive, or administrative authorities.
.
13. DISPUTE RESOLUTION.
13.1. Other than those claims over which a regulatory agency has exclusive jurisdiction, all
claims, regardless of legal theory, whenever brought and whether between the parties or
between one of the parties to this Agreement and the employees, agents or affiliated
businesses of the other party, shall be resolved. by arbitration. A single arbitrator engaged
in the practice of law and knowledgeable about telecommunications law shall conduct the
arbitration in accordance with the then current rules of the American Arbitration
Association ("AA") unless otherwise provided herein. The arbitrator shall be selected in
accordance with AA procedures from a list of qualified people maintained by AA. The
arbitration shall be conducted in the regional AA office closest to where the claim arose. .
13.2. All expedited procedures prescribed by the AA shall apply. The arbitrator's decision
shall be final and binding and judgment may be entered in any court having jurisdiction
thereof.
13.3. Other than the determination of those claims over which a regulatory agency has
exclusive jurisdiction, federal law (including the provisions of the Federal Arbitration Act, 9
U.S.C. Sections 1-16) shall govern and control with respect to any issue relating to the ..
validity of this Agreement to arbitrate and the arbitrabilty of the claims.
Owest Idaho October 4, 2004 Page 20
.
.
.
Exhibit D
13.4. If any party files a judicial or administrative action asserting claims subject to arbitration,
and another party successfully stays such action and/or compels arbitration of such
claims, the party filing the action shall pay the other party's costs and expenses incurred
in seeking such stay or compellng arbitration, including reasonable attorney's fees.
14. LAWFULNESS. This Agreement and the parties' actions under this Agreement shall comply with
all applicable federal, state, and local laws, rules, regulations, court orders, and governmental
agency orders. Any change in rates, charges or regulations mandated by the legally constituted
authorities wil act as a modification of any contract to that extent without further notice. This
Agreement shall be governed by the laws of the state where Poles/lnnerduct is provided. Nothing
contained herein shall substitute for or be deemed a waiver of the parties' respective rights and
obligations under applicable federal, state and local laws, regulations and guidelines, including
(without limitation) Section 224 of the Communications Act of 1934, as amended (47 U.S.C. 224).
The CLEC represents that it is a certified Competitive Local Exchange Carrier or otherwise has
the legal right, pursuant to 47 U.S.C. 224 to attach to Qwests pole pursuant to the terms thereof.
The CLEC acknowledges that Qwest wil rely on the foregoing representation, and that if such
representation is not accurate, this Agreement shall be deemed void ab initio, except for Article 9
hereof, for which CLEC shall remain fully liable.
SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with
proper jurisdiction determines that this Agreement or a provision of this Agreement is unlawful,
this Agreement, or that provision of the Agreement to the extent it is unlawful, shall terminate. If a
provision of this Agreement is terminated but the parties can legally, commercially and practicably
continue without the terminated provision, the remainder of this Agreement shall continue in
effect.
15.
16. GENERAL PROVISIONS.
16.1 Failure or delay by either part to exercise any right, power, or privilege hereunder, shall
not operate as a waiver hereto.
16.2 This Agreement shall not be assignable by CLEC without the express written consent of
Qwest, which shall not be unreasonably withheld. Assignment of this Agreement by
CLEC to CLEC's subsidiary or affiliate shall be presumed to be reasonable; provided,
however, that CLEC must obtain Qwests consent in any event.
16.3 This Agreement benefits CLEC and Qwest. There are no third party beneficiaries.
16.4 This Agreement constitutes the entire understanding between CLEC and Qwest with
respect to Service provided herein and supersedes any prior agreements or
understandings.
Qwest Idaho October 4, 2004 Page 21
Exhibit 0
The parties hereby execute and authorize. this Agreement as of the latest date shown below:
CLEC Qwest Corporation
Signature Signature
Name Typed or Printed Name Typed or Printed
PRODUCT MANAGER
TitleTitle
Date Date
Address for Notices Address for Notices
Qwest Corporation
1801 California, Rm. 2330
Denver, CO 80202
Contact:Contact: Manager
Phone:Phone:[phone]
FAX:FAX:[phone]
Qwest Idaho October 4, 2004 Page 22
.
.
.
Exhibit D
EXHIBIT A. PULLING IN REPORT
This report is to be completed by the CLEC when fiber cable is placed into innerduct.
.
.
20_
Send to:
Manager. Qwest Corp
700 W MineraL. Rm IAF12
Littleton. CO 80120 (303-707-7598)
This is to advise you that pursuant to General Agreement No. granted to us
under the terms of the Innerduct Agreement dated , 20_ we have completed installation
of the following cable into the following ducts.
Municipality
Location
Cable and
Equipment Installed
From
Manhole at
To
Manhole at
Name ofCLEC
By:
Title:
Receipt.of the above report is hereby acknowledged ,20_.
Qwest Corporation
By:
Title:
1. Reports shall be submitted in duplicate.
2. A complete description of all facilties shall be given, including a print showing the locations,
quantities, sizes and types of all cables and equipment.
3.Sketch to be furnished showing duct used. Must be same duct assigned to Licensee by Licensor
as shown on Exhibit _' unless a change has been previously authorized in writing by Licensor.
Qwest Idaho October 4, 2004 Page 23
Exhibit D
CLEC:
EXHIBITB .
NOTIFICATION OF SURRENDER OR MODIFICATION
OF CONDUIT OCCUPANCY ORDER BY CLEC
Return to:
Manager. Qwest Corp
700 W Mineral, Rm IAF12
Littleton, CO 80120
In accordance with the terms and conditions of this Agreement between us, dated , ~,
notice is hereby given that the licenses covering occupancy of the following conduit are surrendered
(and/or modified as indicated in Licensee's prior notification to Licensor, dated
20_) effective
CONDUIT LOCATION L1C. NO. &SURRENDER OR DATE
DATE MODIFICATION FAC. RMVD. OR
MODIFIED
.
Name of Licensor Name of Co- Provider
By
Date Notification Received
Title
Date Modification Accepted
By
Discontinued:Total duct footage .
Qwest Idaho October 4, 2004 Page 24
Exhibit 0
EXHIBITC.NOTIFICATION OF SURRENDER OR MODIFICATION
OF POLE A IT ACHMENT ORDER BY CLEC
CLEC:
Return to:
Manager. Qwest Corp
700 W Mineral, Rm IAF12
Littleton, CO 80120
In accordance with the terms and conditions of the Agreement between Qwest and CLEC, dated
,20_, notice is hereby given that the licenses covering attachments to the following poles and/or
anchors, and/or utilization of anchor/guy strand is surrendered (or modified as indicated in CLEC's prior
notification to Qwest, dated , 20_) effective
.
POLE NO.ASSOC. POLE L1C. NO. &SURRENDER OR DATE FAC.
NO.DATE MODIFICATION RMVDOR
MODIFIED
1.A
A/GS-
2.A
A/GS-
3.A
A/GS-
4.A
A/GS-
5.A
A/GS-
6.A
A/GS-
7.A
A/GS-
8.A
A/GS-
9.A
A/GS-
Date Notification Received
Date Modification Received
By:Name of CLEC
Discontinued:
Poles
Anchors
By:
Anchor/Guy Strands Its:
.
Qwest Idaho October 4, 2004 Page 25
Exhibit D
ATTACHMENT 4
FORM OF ACCESS AGREEMENT .
After recording, please return to:
Manager
700 W Mineral, Rm IAF12
Littleton, CO 80120
ACCESS AGREEMENT
THIS ACCESS AGREEMENT (this "Agreement") is made as of the _ day of ,20_, by
and between QWEST CORPORATION, a Colorado corporation, successor in interest to U S WEST
COMMUNICATIONS, INC., a Colorado corporation ("Grantot'), whose address is, and a
, whose address is
("Grantee").
RECITALS
A.This Agreement relates to certain real property (the "Property") located in the County of
(the "County"), State of (the "State")..
B. A copy of an agreement purporting to grant to Grantor certain rights to use the Property,
as described therein (the "Easement Rights"), is attached as Exhibit A (the "Right of Way Agreement").
C. Pursuant to 42 U.S.C. §§ 224 and 251(b)(5), Grantor, as a Local Exchange Carrier, is
required to provide access to rights-of-way to a requesting telecommunications carrier, as defined in 42
U.S.C. § 224. Grantee is a telecommunications carrier that has requested access to Grantor's Easement
Rights. To comply with the aforementioned legal requirement, Grantor has agreed to share with Grantee
its Easement Rights, if any, relating to the Property, to the extent Grantor may legally convey such an
interest.
D. Subject to the terms and conditions set forth in this Agreement, Grantor has agreed to
convey to Grantee, without any representation or warranty, the right to use the Easement Rights, and
Grantee has agreed to accept such conveyance.
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and suffciency of which are hereby acknowledged, the parties hereby agree as follows:
1. Grant of Right of Access. Grantor hereby conveys to Grantee and its Authorized Users (as
defined below) a non-exclusive, perpetual right to access and use the Easement Rights, which right shall
be expressly (a) subject to, subordinate to,. and limited by the Right of Way Agreement, and (b) subject to
the terms and conditions hereof. As used in this Agreement, "Authorized Users" of Owner, Grantor and
Grantee shall mean Owner, Grantor or Grantee, as applicable, their respective Affliates and agents, .
licensees, employees, and invitees, including, without limitation, contractors, subcontractors, consultants,
Qwest Idaho October 4, 2004 Page 26
Exhibit D
suppliers, public emergency vehicles, shipping or delivery vehicles, or construction vehicles. "Affiliates"
. means, with respect to any Person, any Person that controls, is controlled by or is under common control
with such Person, together with its and their respective members, partners, venturers, directors, officers,
stockholders, agents, employees and spouses. A Person shall be presumed to have control when it
possesses the power, directly or indirectly, to direct, or cause the direction of, the management or
policies of another Person, whether through ownership of voting securities, by contract, or otherwise.
"Person" means an individual, partnership, limited liability company, association, corporation or other
entity.
2. Grantor's Reserved Rights. Grantor reserves to itself and its Authorized Users the right to use
the Easement Rights for any purpose not incompatible with the rights conveyed to Grantee by this
Agreement.
3. Conditions Precedent to Effectiveness of Agreement. This Agreement is expressly
conditioned on the following:
a. Recordation of Agreement. If the Right-of-Way Agreement has been publicly
recorded, Grantee shall be responsible for assuring that the Agreement is in appropriate form for
recording in the real property records of the County, shall pay for the recording thereof, and shall
provide a copy of the recorded Agreement to Grantor at the address set forth above. A legible
copy of the Right of Way Agreement must be attached to the Agreement when recorded or the
Agreement shall not be effective.
b. Payment of Costs and Expenses. Grantee shall pay to or reimburse Grantor for all
costs and expenses, including reasonable attorneys' fees, relating to Grantor's execution and
delivery of this Agreement..
4. Grantee's Representations and Warranties. Grantee represents and warrants to Grantor that:
a. Authority. Grantee is a , duly formed and validly existing under the laws
of the State of . All necessary action has been taken by Grantee to execute and
deliver this Agreement and to perform the obligations set forth hereunder. Grantee is a
"telecommunications carrier" as that term is defined in 42 U.S.C. § 224.
b. Due Diligence. Grantee acknowledges and agrees that neither Grantor nor any agent,
employee, attorney, or representative of Grantor has made any statements, agreements,
promises, assurances, representations, or warranties, whether in this Agreement or otherwise
and whether express or implied, regarding the Right of Way Agreement or the Easement Rights
or the assignability or further granting thereof, or title to or the environmental or other condition of
the Property. Grantee further acknowledges and agrees that Grantee has examined and
investigated to its full satisfaction the physical nature and condition of the Property and the
Easement Rights and that it is acquiring the Easement Rights in an "AS IS, WHERE 15" condition.
Grantee expressly waives all claims for damages by reason of any statement, representation,
warranty, assurance, promise or agreement made, if any.
.
Qwest Idaho October 4, 2004 Page 27
Exhibit 0
5. Grantee's Covenants..a. Compliance with Right of Way Agreement. Grantee agrees that the rights granted by
Grantor hereunder are expressly subject to, subordinate to, and limited by the Right of Way
Agreement, and Grantee further agrees to comply in all respects with the terms and conditions of
the Right of Way Agreement as they apply to the holder or user of the Easement Rights. In the
event Grantee fails to observe or perform any of its obligations under the Right of Way
Agreement, Grantor shall have the right, but not the obligation, to perform or observe such
obligation to the extent that such obligation can be observed or performed by Grantor.
b. Compliance with Laws. Grantee agrees to use the Property and the Easement Rights
in compliance with all applicable laws.
c. No Further Grant. Grantee shall not grant to any Person other than Grantee's
Authorized Users the right to use the Easement Rights without the prior written consent of
Grantor, which consent may be granted or withheld in Grantor's sole discretion.
d. Non-Interference. Grantee agrees that it will not interfere with Grantor's or Grantor's
Authorized Users' use of the Easement Rights and wil not take any action or fail to take any
action that would negatively affect the Easement Rights or cause or contribute to the termination
of the Right of Way Agreement.
6. Indemnification. Grantee hereby agrees to indemnify, defend and hold Owner, Grantor and
their respective Affiliates harmless from and against any and all claims, judgments, damages, liabilities,
penalties, fines, suits, causes of action, costs of settlement, and expenses (including, without limitation,
reasonable attorneys' fees) which may be imposed upon or incurred by Grantor or its Authorized Users, .
or any of them, arising from, relating to or caused by Grantee's breach of this Agreement or the use, or
the use by any of Grantee's Authorized Users, of the Easement Rights. In addition to the indemnity
obligations described above, in the event that any act or omission of Grantee or Grantee's Authorized
Users causes, directly or indirectly, and without reference to any act or omission of Owner, Grantor or
their respective Authorized users, the termination or revocation of the Easement Rights, Grantee shall be
liable to Grantor for all costs incurred in connection with (a) acquiring replacement Easement Rights over
the Property or over other suitable Property, as determined in Grantor's sole judgment (the
"Replacement Easement"), (b) the fully-loaded cost of constructing replacement facilities over the
Replacement Easement, (c) the cost of removing its facilities and personal property from the Property, if
required by the Right of Way Agreement, and (d) any other costs of complying with the Right of Way
Agreement, including, without limitation, reasonable attorneys' fees. Grantee shall pay all such amounts
within ten (10) days of receipt of any invoice for such costs delivered to Grantee by Owner, Grantor or
their respective Authorized Users.
7. Condemnation. If any action is taken whereby the Right of Way Agreement or any part of the
Easement Rights are terminated, relocated or otherwise affected, by any taking or partial taking by a
governmental authority or otherwise, then such any compensation due or to be paid to the holder of the
Easement Rights due to such occurrence shall belong solely to Grantor.
8. Severable Provisions. If any term of this Agreement shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each term of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
9. Default: Remedies. (a) If Grantee files a petition in bankruptcy, or a petition is bankruptcy is
filed against Grantee, which is not dismissed on or before fifteen (15) days after such filing, or (b) in the .
Qwest Idaho October 4, 2004 Page 28
.
.
.
Exhibit 0
event of Grantee's breach or threatened breach of any term, covenant or condition of this Agreement,
then Grantor shall have, in addition to all other legal and equitable remedies, the right to (x) terminate
this Agreement, (y) enforce the provisions hereof by the equitable remedy of specific performance, or (z)
enjoin such breach or threatened breach by injunctive action, all without the necessity of proof of actual
damages or inadequacy of any legal remedy. Grantee agrees to pay all costs of enforcement of the
obligations of Grantee hereunder, including reasonable attorneys' fees and all costs of suit, in case it
becomes necessary for Grantor to enfõrce the obligations of Grantee hereunder, whether suit be brought
or not, and whether through courts of original jurisdiction, as well as in courts of appellate jurisdiction, or
through a bankruptcy court or other legal proceedings.
10. Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties
hereto and their respective successors and assigns. This Agreement may be assigned at any time in
whole or in part by Grantor.
11. No Dedication. Nothing contained in this Agreement shall constitute a gift or dedication of any
portion of the Easement Rights to the general public or for any public purpose whatsoever. There are no
intended third-party beneficiaries to this Agreement.
12. Grantor's Waiver of Confidentiality. If the Right of Way Agreement is not publicly recorded,
Grantor hereby grants a limited waiver of any right to keep the terms and conditions of the Right of Way
Agreement confidential, except for any dollar amounts in the Right of Way Agreement, which rights
Grantor expressly reserves, and subject to Grantee's and Owner's compliance with the terms and
conditions in this paragraph. In all instances, Grantee will use the Right of Way Agreement only for the
following purposes: (a) to determine whether Grantor has ownership or control over duct, conduits, or
rights-of-way within the property described in the Right of Way Agreement; (b) to determine the
ownership of wire within the property described in the Right of Way agreement; or (c) to determine the
demarcation point between Grantor facilities and the Owner's facilities in the property described in the
agreement. Grantee further agrees that Grantee shall not disclose the contents, terms, or conditions of
any agreement provided pursuant to Section 10.8 to any Grantee agents or employees engaged in
sales, marketing, or product management efforts on behalf of Grantee. Grantor's waiver of rights,
subject to the limitations set forth above, is intended to be effective whether or not such right to
confidentiality is expressly set forth in the Right of Way Agreement or elsewhere or may have been
agreed to orally, and so long as Grantee and Owner comply with the conditions set forth above, Grantor
further covenants not to assert any claim or commence any action, lawsuit, or other legal proceeding
against Owner or Grantee, based upon or arising out of Grantor's alleged right to confidentiality relating
to the Right of Way Agreement, except in the event of disclosure of dollar amounts in the Right of Way
Agreement. Grantor's waiver is expressly conditioned on Owner's waiver of Owner's confidentiality
rights, as set forth in the Consent to Disclosure form, which is a part hereof, or Grantee's provision to
Grantor of a legally binding and satisfactory agreement to indemnify Grantee in the event of any legal
action arising out of Owner's provision of a non-recorded agreement to Grantee. In the event that, the
person executing the Consent to Disclosure form does not have the legal right to bind the Owner,
Grantor reserves the right to maintain an action for damages, including, without limitation, consequential
damages, arising from such improper execution against any Person improperly executing the Consent to
Disclosure form. In any event, Grantor reserves its right to (a) to enforce the confidentiality provisions of
the Right of Way Agreement as to any dollar amounts set forth in such Right of Way Agreements, and/or
(b) to maintain an action for damages, including, without limitation, consequential damages, arising from
the disclosure of the dollar amounts in any Right of Way Agreement, against any party, including, without
limitation, against Grantee oragainst any Person improperly executing the Consent to Disclosure form.
13. Notices. All notices to be given pursuant to this Agreement shall be deemed delivered (a)
when personally delivered, or (b) three (3) business days after being mailed postage prepaid, by United
Qwest Idaho October 4, 2004 Page 29
Exhibit D
States certified mail, return receipt requested, or (c) one business day after being timely delivered to an
overnight express courier service such as Federal Express which provides for the equivalent of a return .
receipt to the sender, to the above described addresses of the parties hereto, or to such other address
as a party may request in a writing complying with the provisions of this Section.
14. Modification; Counterparts. This Agreement may not be amended, modified or changed, nor
shall any waiver of any provision hereof be effective, except by an instrument in writing and signed by the
party against whom enforcement of any amendment, modification, change or waiver is sought. This
Agreement may be executed in any number of counterparts, all of which shall constitute but one and the
same document.
15. Controllng Law. This Agreement shall be governed by and construed in accordance with the
laws of the State.
16. Waiver of JUry Trial. THE PARTIES HEREBY IRREVOCABLY WAIVE, TO THE FULLEST
EXTENT OF APPLICABLE LAW, ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING
OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.
(Signature pages followl
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Owest Idaho October 4, 2004 Page 30
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Exhibit D
EXECUTED as of the date first written above.
Witnessed by:
STATE OF
COUNTY OF
GRANTOR:
QWEST CORPORATION, a Colorado corporation,
successor in interest to
US WEST COMMUNICATIONS, INC.,
a Colorado corporation
By:
Name:
Title:
)
) ss:
)
The foregoing instrument was acknowledged before me this _ day of20_, by as
corporation.
of QWEST CORPORATION, a Colorado
(SEAL)
Qwest Idaho
Witness my hand and offcial seaL.
Notary Public
My Commission Expires:
October 4, 2004 Page 31
Exhibit 0
EXECUTED as of the date first written above.
Witnessed by:
STATE OF
COUNTY OF
GRANTEE:
, a
By:
Name:
Title:
)
) ss:
)
The foregoing instrument was acknowledged before me this _ day of20__. by as
of
a
(SEAL)
Qwest Idaho
Witness my hand and offcial seaL.
Notary Public
My Commission Expires:
October 4, 2004 Page 32
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Exhibit D
CONSENT TO DISCLOSURE
THE UNDERSIGNED, , a ("Ownet'),whose address is , hereby
consents to the terms of the following paragraphs regarding the agreement described or entitled as
between Qwest Corporation, formerly U S WEST
Communications, Inc. ("Qwest") and Owner for the property located at
("Property") that provides Qwest with access to Owner's Property
(the "Agreement").
FOR TEN DOLLARS ($10) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Owner agrees as follows:
1. Tite to Property. Owner represents and warrants either (a) that Owner is the owner of fee title to the
Property described in the Agreement or, if no description of the Property is given in the Agreement, then
(b) that Owner is the grantor, or the successor to or assignee of the grantor, of the easement rights, if
any, under the Agreement. Owner further represents and warrants that Owner has the legal right to
execute this Consent to Disclosure, including, without limitation, the right to waive the confidentiality of
the Agreement as set forth in paragraph 3 of this Consent to Disclosure.
2. Owner's Acknowledgments. Owner expressly acknowledges that (a) this is a legal document that
may affect Owner's rights and Owner was given the opportunity to have the Agreement and this Consent
to Disclosure reviewed by Owner's attorney; and (b) Owner, by signing this Consent to Disclosure,
waives any rights it may have to keep the terms and provisions of the Agreement confidentiaL.
3. Owner's Waiver of Confidentiality. Owner hereby waives any right it may have to keep the terms and
conditions of the Agreement confidential, whether or not such right to confidentiality is expressly set forth
in the Agreement or elsewhere or may have been agreed to orally, subject to the compliance of the
competitive local exchange carrier ("CLEC") with the requirements of paragraph 5. Owner further
covenants not to assert any claim or commence any action, lawsuit, or other legal proceeding against
Qwest or CLEC presenting this Consent to Disclosure, based upon or arising out of Owner's alleged right
to confidentiality relating to the Agreement. Owner's consent to disclosure applies only to the Agreement
that is described in this Consent to Disclosure form and only to the undersigned CLEC.
4. Qwests Waiver of Confidentiality. Qwest represents and warrants that it is granting a limited waiver
of its confidentiality rights that permits CLEC to review the Agreement subject to CLEC's compliance with
the requirements of paragraph 5 and Qwests right to redact all dollar amounts set forth in the
Agreement. Qwests consent to disclosure applies only to the Agreement that is described in this
Consent to Disclosure form and only to the undersigned CLEC.
5. CLEC's Obligations. CLEC shall use the Agreement exclusively for the following purposes and for no
other purpose whatsoever:
(a) to determine whether Qwest has ownership or control over duct, conduits, or rights-of-way
within the Property described in the Agreement; or
(b) to determine the ownership of wire within the Property described in the Agreement; or
Qwest Idaho October 4, 2004 Page 33
Exhibit D
(c) to determine the demarcation point between Qwest facilities and the Owner's facilities inthe Property described in the Agreement. .
CLEC further agrees that CLEC shall not disclose the contents, terms, or conditions of the Agreement to
any CLEC agents or employees engaged in sales, marketing, or product management efforts on behalf
ofCLEC.
6. Acknowledgement of Limitation on Waivers. Owner understands that Qwest does not agree to
waive the confidentiality of the dollar amounts set forth in any Agreement, and acknowledges
that Owner has no right to provide copies of such Agreements to any party unless Owner has
completely deleted the dollar amounts. Owner shall not provide a copy of the Agreement unless
Owner has completely deleted all dollar amounts. Whether provided by Owner or Qwest, CLEC
shall comply with the conditions set forth in paragraph 5.
7. Notices. All notices to be given pursuant to this Agreement shall be deemed delivered (a) when
personally delivered, or (b) three (3) business days after being mailed postage prepaid, by United States
certified mail, return receipt requested, or (c) one business day after being timely delivered to an
overnight express courier service such as Federal Express which provides for the equivalent of a return
receipt to the sender, to the above described addresses of the parties hereto, or to such other address
as a party may request in a writing complying with the provisions of this Section.
EXECUTED as of the date first written above.
OWNER:.
CLEC:
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Qwest Idaho October 4, 2004 Page 34
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Exhibit D
EXHIBIT 1
Right of Way Agreement
(This represents the ROW agreement between the Co-Provider and the property owner)
Qwest Idaho October 4, 2004 Page 35
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Qwest All States
EXHIBIT E
INTENTIONALLY LEFT BLANK
October 4, 2004 Page 1
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EXHIBIT F
SPECIAL REQUEST PROCESS
1.The Special Request Process shall be used for the following requests:
1.1 Intentionally Left Blank.
1.2 Intentionally Left Blank.
1.3 Requesting a combination of Unbundled Network Elements that is a combination
not currently offered by Qwest as a standard product and:
1.3.1 that is made up of UNEs that are defined by the FCC or the Commission
as a network element to which Qwest is obligated to provide unbundled access,
and;
1.3.2 that is made up of UNEs that are ordinarily combined in the Qwest
network.
1.4 Requesting an Unbundled Network Element that does not require a technical
feasibility analysis and has been defined by the FCC or the State Commission as a
network element to which Qwest is obligated to provide unbundled access, but for which
Qwest has not created a standard product.
2. Any request that requires an analysis of Technical Feasibility shall be treated as a Bona
Fide Request (BFR), and wil follow the BFR Process set forth in this Agreement. If it is
determined that a request should have been submitted through the BFR process, Qwest wil
consider the BFR time frame to have started upon receipt of the original Special Request
application form.
3. A Special Request shall be submitted in writing and on the appropriate Qwest form,
which is located on Qwests website.
4. Qwest shall acknowledge receipt of the Special Request within two (2) business days of
receipt.
5. Qwest shall respond with an analysis, including costs and timeframes, within fifteen (15)
business days of receipt of the Special Request. In the case of UNE Combinations, the analysis
shall include whether the requested combination is a combination of network elements that are
ordinarily combined in the Qwest network. If the request is for a combination of network
elements that are not ordinarily combined in the Qwest network, the analysis shall indicate to
CLEC that it should use the BFR process if CLEC elects to pursue its request.
6. Upon request, Qwest shall provide CLEC with Qwests supporting cost data and/or
studies for Unbundled Network Elements that CLEC wishes to order within seven (7) business
days, except where Qwest cannot obtain a release from its vendors within seven (7) business
days, in which case Qwest wil make the data available as soon as Qwest receives the vendor
release. Such cost data shall be treated as Confidential Information, if requested by Qwest
under the non-disclosure sections of this Agreement.
Qwest All States Page 1August 24, 2006
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Qwest All States
EXHIBIT G
INTENTIONALLY LEFT BLANK
October 4, 2004 Page 1
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EXHIBIT H
Calculation of the Relative Use Factor (RUF)
Minutes that are Qwests responsibilty (Al:
. All EAS/LocaI251(b)(5) Minutes of Use (MOU) that Qwest sends to CLEC
. All Qwest Exchange Access MOU that Qwest sends to CLEC
. EAS/LocaI251(b)(5) traffc that transits Qwest network and is terminated to CLEC,
for which Qwest receives compensation from the originating Carrier for performing
the local transiting function
. All IntraLATA transit MOU that Qwest sends to CLEC
. All ISP-bound and FX MOU that CLEC sends to Qwest
Minutes that are ClEC's responsibilty (Bl:
. All EAS/LocaI251(b)(5) MOU that CLEC sends to Qwest
. All Exchange Access MOU that CLEC sends to Qwest
. All EAS/LocaI251(b)(5) traffic that CLEC sends to Qwest for termination on another
Carrier's network
. AlllntraLATA transit MOU that CLEC sends to Qwest
. All Jointly Provided Switched Access (unless joint NECA 4 billng percentages have
been filed) that Qwest sends to CLEC and that CLEC sends to Qwest
. All ISP-bound and VNXX MOU that Qwest sends to CLEC
. All VNXX MOU that transits Qwest network and is terminated to CLEC
The mathematical equation for RUF is as follows:
Qwest (A) I (A+B) Rounded to nearest whole percentage
CLEC (B) I (A+B) Rounded to nearest whole percentage
Data used for the calculation wil be the average of the most recent three (3) months'
usage determined not to be an anomaly.
Exhibit H -Qwest Eleven State Template Version 1.8, August 22, 2008
Qwest All States Except Colorado. Minnesota and Washington
1
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Exhibit I - Individual Case Basis
1.This Agreement contains references to both ICB rates and ICB interals. The
purose ofthis exhibit is to identify how CLEC's ICB requests - whether they be
for rates or interals - are processed through and by Qwest.
2. ICB Rate Intervals
2.1 For those products and services identified in the Agreement that contain a
provision for ICB rates, Qwest wil provide CLEC with a wrtten quote of
the ICB rate within twenty (20) business days uness a specific interal for
providing the quote is either contained in the Agreement or ths Exhibit.
2.2 The purpose of this subsection is to identify those circumstances when the
generc twenty (20) business day interal in the aforementioned subsection
to this Exhibit does not apply. In these specified circumstances, Qwest
shall provide CLEC with an ICB quote within the stated specific intervals:
2.2.1 Quotes for all Bona Fide Requests (BFR) shall be provided in
accord with Section 17.
2.2.2 Quotes for all Special Request Processes (SRP) shall be provided
in accord with Exhibit F.
2.2.3 Quotes for all collocation requests, regardless of the type of
collocation, shall be provided in accord with the Section 8 interaL.
2.2.4 Quotes for all Field Connection Point requests shall be provided in
accord with Section 9.3.
2.2.5 Quotes for all Advanced Intelligent Network (AI) requests shall
be provided in accord with Section 9.
2.3 Upon request, Qwest shall provide CLEC with Qwest s supporting cost
data andlor cost studies for the Unbundled Network Element or serce
that CLEC wishes to order within seven (7) business days, except where
Qwest canot obtain a release from its vendors within seven (7) business
days, in which case Qwest wil make the data available as soon as Qwest
receives the vendor release. Consistent with the terms and conditions of
any applicable vendor contract or agreement, Qwest shall dilgently pursue
obtaining the release of cost information as soon as reasonably possible.
To the extent consistent with the ters and obligations of any applicable
vendor contract or agreement, Qwest shall request the release of vendor
cost information when Qwest communcates with the vendor(s) when
Qwest seeks a quote for the costs of the ICB project. Such cost data shall
be treated as confidential information if requested by Qwest under the
non-disclosure sections of ths Agreement.
3.ICB Provisioning Intervals
Negotiations Template, Exhibit I Page 19-20-04
Exhibit I - Individual Case Basis
3.1 For those products and serices provided pursuat to this Agreement that
contain a provision for ICB interal but do not contai a specific provision
for when the ICB interal shall be provided, the ICB interal shall be
provided withn twenty (20) business days of receipt of the order, request
or application.
3.2 For ICB interals for those products and serices that require negotiated
project time lines for instalation, such as 2/4 wire analog loop for more
than twenty-five (25) loops, the Qwest representative, authorized to
commit to interals, shall meet with CLEC's representative within seven
(7) business days of receipt of the request from CLEC to negotiate
interals.
Negotiations Template, Exhibit i 9-20-04 Page 2
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OocuSign Envelope 10: 7 AA3BFB6-1 B2C-48AF-ACB7 -F26C30344E52
Exhibit J
.Election of Reciprocal Compensation Option
Pursuant to the election in this Exhibit J of this Agreement, the Partes agree to exchange
(§251 (b)(5)) Traffc, per section 7.3.4.4 at:
CLEC must select either 1. OR 2.
1. The rates applicable to §251 (b )(5) Traffc between Qwest and CLEC shall be the same as the
rates established in ISP-bound traffic pursuant to Exhibit A, Section 7.7. Such rate for ISP-bound
traffic wil apply to §251(b)(5) Traffc in lieu of End Offce Call Termination rates, and Tandem
Switched Transport rates.
Signature QDocusined by
~~~k
3E685' 3AEA5' 461
2. Compensation rate for §251 (b )(5) Traffic shall be as established by the Commission pursuant
to Exhibit A, Section 7.6, the rates as appropriate.
Signature
When the FCC ordered rate for ISP-bound traffc is applied to (§251(b)(5)) Traffc, the FCC
Ordered ISP rate is used in lieu of End Offce call termination and Tandem Switched Transport
rate elements..
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Negotiations Template Exhibit J Page i
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Exhibit K
INTENTIONALLY LEFT BLANK
Qwest Idaho SGATThird Revised, Sixth Amended Exhibit K, June 26,2007
- 1-