20180124Application.pdf

+,tK CenturyLink*
RECEIVED
?$18 JAH 2lr Pt{ lr 22
iLiAli0 PUELTC
: ll i'-i',[;] C0F,tMlSSlON
January 23,2018
Via Overnight Delivery
Ms. Diane Hanian, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-007 4
Case No.: t9tn: E' T - I ?- o 3
Application for Approval of Interconnection Agreement
Dear Ms. Hanian:
Enclosed for filing is an Application for Approval of Interconnection Agreement along
with an original and two (2) copies of the Interconnection Agreement Terms and Conditions for
Interconnection, Unbundled Network Elements, Ancillary Services, and Resale of
Telecommunications Services Between Qwest Corporation dba Centurylink QC and Matrix
Telecom, LLC. dba Matrix Bus Technologies dba Trinsic Communications for the State of
Idaho. Centurylink respectfully requests that this matter be placed on the Commission Decision
Meeting Agenda for expedited approval.
Please contact Maura Reynolds, Regulatory Paralegal, at [phone] should you
have any questions regarding this submission. Thank you for your assistance in this matter.
Sincerely,
Re:
J
Assistant III
Enclosure(s)cc: Service List
1600 7n Avenue, Room 1506
Seattle, Washington 98191
206-733-5236
[e-mail]
Lisa A Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, Washinglon 98191
Telephone: [phone]
Lisa. anderl@centurylink. com
APPLTCATTON Or QWEST CORPORATION
dba CENTURYLINK QC rOR APPROVAL
OF THE INTERCONNECTION
AGREEMENT WITH MATRIX TELECOM,
LLC. dba MATRIX BUS TECHNOLOGIES
dba TRINSIC COMMUNICATIONS FOR
THE STATE OF IDAHO PURSUANT TO 47
U.S.C. $2s2(e)
APPLICATIoN FoR APPRoVAL oF INTERCoNNECTIoN AGREEMENT _ I
MATRIX TELECoM, LLC DBA TRI.TSIC CoMMUNICATIoNS
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
RECEIVED
?ilIB JfrN 2L PIt I:2?
tiltl,itL) ijuBLici:il :'i lr:l-: COI'IMlSSloN
CASE NO.: &LD E -T - I8 . 03
APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT
Qwest Corporation dba CenturyLink QC ("CenturyLink") hereby files this Application
for Approval of an Interconnection Agreement Terms and Conditions for Interconnection,
Unbundled Network Elements, Ancillary Services, and Resale of Telecommunications Services
Between Qwest Corporation dba CTL QC and Matrix Telecom, LLC. dba Matrix Bus
Technologies dba Trinsic Communications for the State of Idaho ("Agreement"). The
Agreement with Matrix Telecom,LLC. dba Matrix Bus Technologies dba Trinsic
Communications ("Trinsic Communications") 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
CenturyLink
1600 76Ave., Suite 1506
Seattle, Washinglon 98191
Telephone: [phone]
portion(s) thereof) discriminates against a telecommunications carrier not a party 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 Commission 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 will enable
Trinsic Communications 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 23'd day of January,2}l8.
CENTURYLINK
Lisa A. Anderl
Attorney for CenturyLink
APPLICATIoN FoR APPRoVAL oF INTERCoNNECTIoN AGREEMENT _ 2
MATRIX TELECoM, LLC DBA TRTNSIC CoMMUNICATIoNS
CenturyLink
1600 76 Ave., Suite 1506
Seattle, Washington 98191
Telephone: [phone]
CERTIFICATE OF SERVICE
I hereby certify that on this 23'd day of January,2018, I served or caused to be
served the foregoing APPLICATION FOR APPROVAL OF INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Diane Hanian, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Diane. Hanian@puc. idaho. gov
Hand Delivery
U. S. MailXX Overnight Delivery
FacsimileXX Email
Alex Valencia
VP Gov't Affairs & Compliance
Matrix Telecom, LLC
433 E. Las Colinas Boulevard, Suite 500
Irving, Texas 75039
av alencia@1m nactte I eco m. co m
Hand Delivery
U. S. Mail
Overnight Delivery
FacsimileXX Email
Contracts Management
Matrix Telecom, LLC.
433 E. Las Colinas Boulevard, Suite 500
Irving, Texas 75039
contracts (Eim oacttel eco m. com
Hand Delivery
U. S. Mail
Overnight Delivery
FacsimileXX Email
e /a"W
APPLICATIoN FoR APPROVAL OF INTERCONNECTIoN AcnepuTu[ _ 3
MATRIX TELECOM, LLC DBA TRTNSIC CoNaNaUNIIcaTIoNs
CenturyLink
1600 7hAve., Suite 1506
Seattle, Washington 98191
Telephone: [phone]
DocuSig n Enve lope I D: 79BO D7C7-3E09-41 89-958D-3D7A3 88A3986
lnterconnection Agreement
Terms and Conditions for lnterconnection, Unbundled Network Elements,
Ancillary Services, and Resale of Telecommunications Services
Between
Qwest Corporation dba GenturyLink QC
and
Matrix Telecom, LLC. dba Matrix Bus Technologies
dba Trinsic Commu nications
For the State of ldaho
Agreement Number
cDS-171220-0003
DocuSign Envelope lD: 79B6D7C7-3E09-41 89-958D-3D7A388A3986
TABLE OF CONTENTS
SECTION
SECTION
SECTION
SECTION
SECTION
1.0 - GENERAL TERMS...............
2.0 - INTERPRETATION AND CONSTRUCTION
3.0 - CLEC tNFORMAT|ON...........
4.0 - DEFtNtTtONS......
5.0 - TERMS AND CONDITIONS............
5.1 GerueRRr-PRovrsroNs5.2 TEnv or AcReEuErur5.3 PRoor oF AUTHoRIzATIoN5.4 PRvurrur...5.5 TRxrs5.6 lrusunRrucr5.7 FoRce MRreuRe...5.8 LrMrrATroN or LAartry5.9 ltrtoEtr,tntry
5.10 lrurellecruRl Pnoprnry..............
5.11 WaRRRUTTES ...............
5.12 Assroruuenr................
5.13 DEFAULT....
5.14 DrsclRrurR or Aorrucv
5.15 SrvennarLrrY .............
5.16 NoNorscr-osuRE.........
5.17 SuRvrvel...
5.18 DrspurE REsolurroN ...............
5.19 ConrRollrNc l-AW........
5.20 RrspoxstetLtry FoR EtrtvtRotlueNrel CorurRMtNATtoN.......
5.21 NorrcEs
5.22 RrspotlstgrLlTy oF EAcH PARTy...............
5.23 No THrRD PRRrv BEruErrcnnrES ...,....,.,.
5,24 INTENTIoNALLY LEFT 81ANK........
5.25 Puarrcry..
5.26 ExEcurEo rrrr CouTruRPARTS
5.27 CotvtpttRtlcE................
5.28 CorvrpuNcEwrrH rHE CorrauuNrcATroNs Assrsrerucr Lqw
ENroRcErrarNT Acr or 1994
5.29 CoopERerroN ............
5.30 AvrENoweruTS .............
5.31 ENTIRE AcRrEuENr
SECTTON 6.0 - RESALE.............
6.1 DEscRrprroN....................6.2 TERrras Rruo CoruorloNs ...6.3 RRres Rruo CHnncES........6.4 ORprnrNc PRocrss6.5 Btt-t-tt'tc......6.6 MRrnrENRrucE AND RrpRtR6.7 CouurNelrNG oF Rrsolo SrnvrcEswrrH UNaunot-Eo Nrrwonr
ELEMENTS nNo CoNaaINIATIoNS oF UNBUNDIao NErwoRx EIerurnls
December 20, 20'l7lnap/Matrix Telecom dba Trinsic/Q/lD/CDS-1 71 220-0003
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DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
TABLE OF CONTENTS
SECTION 7.0 - INTERCONNECTION:..........
7.1 lNTERcoNNEcroNFRcutrvOprtons7.2 Excnnnor oF TRAFFIc7.3 lrurEnceRRtER CoMPENSATIoN.......7.4 OnoERtrue7.5 Jorrurlv PRovroro SwtrcHEo Accrss Srnvrcrs7.6 TnRnstr REconos...7.7 LocRI- II'ITERcOTUECTION DRTR ExcHANGE FoR BILLING
SECTION 8.0 - COLLOCATION..
8.1
8.2
8.3
8.4
8.5
8.6
DESCRrproN ....................
TERMS Rruo CoNoITIoNS ...
RRIE EIevENTS ...............
OnoEntruo
Btt-t-ttto......
MRIrureruRNcE AND RTpEIR
SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS
9.1 GrruEnruTERttrts.......9.2 UnauNot-Eo Loops.......9.3 SusLoop UN4uNo1tNG................9.4 lrutrrurtorunLlY LEFT BnNx........9.5 Nrrwonr lNrcRrecE DEvrcr (NlD) ........9.6 Ur{surlorro DrorcerEo lNTERoFFrcr TnRrusponr (UDIT) ..9.7 Ur\suNror-Eo Dnnr Ftarn9.8 INTENTToNAt-t-v LErr Burux........9.9 lrurExttoruRllv LErr Bmrux........
9.10 lr'rruNrroruellv Lrrr B1ANK........
9.1 1 lrurEnrroruRllv Lrrr Burur........
9.12 lrurentrotlRllv LErr Bmrur........
9.13 INTENTToNAT-|-Y Lrrt Burur........
9.14 lrurEnrronRllv Lrrr Burux........
9.15 lNrEworuRLLy LEFT BLArux........
9.16 INTENTToNALLY Lrrr BLANx........
9.17 lrurENtrorunllv Lerr BlRxt<........
9.18 ADDTToNAL Unauruolro EtEMrrurs..
9.19 Corusrnucrroru CHRRcrs...............
9.2A lrurrNrrorueuv Lrrr BIRNx........
9.21 LrruE SplrrrNG ............
9.22 lrurEruttorunllv Lrrr BlnNr........
9.23 UNauNolro NrrwoRx ELEMENT CoMsrNRrroNS .......,..,.....
9.24 Loop SpurrNG..........
9.25 Loop-Mux CoMatNInloN (LMC).....
SECTION 1 O.O - ANCI LLARY SERVICES...............
10.1 lrurErurroruRllv Lerr Burur........
10.2 LocAL NuNasrn PoRTABrLrry................
10.3 9111E911 SEnvtcE
10.4 WHITE PRors DIRECToRY LISTINGS SrRvIcE....
10.5 Drnpcronv AssrstRrucr SrnvrcE
December 20, 201 7/na p/Matrix Telecom d ba Trinsic/Q/l D/CDS- 1 7 1 220-0003
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,ao
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DocuSig n Enve lope I D: 7986D7C7-3E09-4'1 89-958 D-3D7A38843986
TABLE OF CONTENTS
10.6 DrnecroRv AssrsrANcE Lrsr...........
10,7 ToI-I aNo ASSISTANCE OpeRRroR SEnvIcEs10.8 AccESS To PoLES, DUCTS, ColIouITs, AND RIGHTS oF WAY...
SECTION 11.0 - NETWORK SECURITY
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sEcroN 12.0 - ACCESS TO OPERATTONAL SUPPORT SYSTEMS (OSS)
12.1 DrscnrprroN ...............
12.2 OSS SuppoRT FoR PRE-onorRING, ORDERINGAND PROVISIONING.,...
12,3 MnINrrruRrucE AND REpRIn
SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS
SECTION 14,0 . LOCAL DIALING PARITY.....
SECTION 15.0 - CENTURYLINK'S OFFICIAL DIRECTORY PUBLISHER......
SECTION 16.0 . REFERRAL ANNOUNCEMENT
SECTION 17.0 - BONA FIDE REQUEST PROCESS
SECTION
SECTION
SECTION
SECTION
SECTION
18.0 - AUDIT PROCESS
19.0 . CONSTRUCTION CHARGES
20.O - SERVICE PERFORMANCE...
21,0 - NETWORK STANDARDS ......
22.0 - SIGNATURE PAGE.....
December 20, 201 7/na p/Matrix Te lecom d ba Trinsic/Q/l D/C DS- 1 7 1 220-0003
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DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
TABLE OF CONTENTS FOR EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
Rates
Service Performance I ndicators
Service lnterval Tables
CenturyLink Right of Way, Pole Attachment and/or lnnerduct Occupancy General
lnformation Document
lntentionally Left Blank
Special Request Process
lntentionally Left Blank
Calculation of the Reiative Use Factor (RUF)
lndividual Case Basis (lCB)
lntentionally Left Blank
Performance Assurance Plan
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT !
EXHIBIT J
EXHIBIT K
December 20, 201 7/na plMatrix Telecom d ba Trinsic/Q/l D/CDS- 1 7 1 220-0003
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DocuSign Envelope I D: 79BOD7C7-3 E09-41 89-958D-3D7A3B8A3986
Section 1
General Terms
Section 1.0 - GENERAL TERMS
1.1 This Agreement for lnterconnection, Unbundled Network Elements, ancillary
services, and resale of Telecommunications Services ("Agreement") is between Matrix Telecom,
LLC. dba Matrix Bus Technologies dba Trinsic Communications ('CLEC'), incorporated in the
state of Texas and Qwest Corporation dba CenturyLink QC ("CenturyLinK), a Colorado
corporation pursuant to Section 252(f) of the Telecommunications Act of 1996, for purposes of
fulfilling CenturyLinks 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.
1.2 lntentionally Left Blank.
1.3 This Agreement sets forth the terms, conditions and pricing under which
CenturyLink will provide to CLEC network lnterconnectioil, access to Unbundled Network
Elements, ancillary 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 ldaho, for
purposes of providing local Telecommunications Services.
1.4 lntentionally Left Blank.
1.5 lntentionally Left Blank.
1.6 lntentionally Left Blank.
1.7 lntentionally 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.
Dece m ber 20, 201 7/na p/Matrix Telecom d ba Trins ic/Qn D/C DS- 1 7 1 220-0003
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DocuSign Envelope I D: 7986D7C7-3E09-41 89-9580-307A388A3986
Section 2
lnterpretation 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 will
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. ln 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. ln the case of any material change,
any reference in this Agreement to such law, rule, regulation or interpretation thereof will 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 January 1, 2013 (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 conceming 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 modified, 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 sixty (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. lt 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 will 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. ln the event
December 20, 201 7/nap/Matrix Telecom dba Trinsic/Q/l D/CDS- 1 7 1 220-0003
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DocuSign Envelo pe I D: 7986D7C7-3 E09-41 89-958D-3D7A388A3986
Section 2
lnterpretation and Construction
neither Party provides notice within thirty (30) Days, the 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 ln 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 othenrvise specifically determined by the Commission, in cases of conflict
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.
December 20, 201 7/na plMatrix Telecom dba Trinsic/Q/l DiCDS- 1 7 1 220-A003
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DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
Section 3
CLEC lnformation
Section 3.0 - CLEC INFORMATION
3.1 Except as otherwise required by law, CenturyLink will not provide or establish
lnterconnection, Unbundled Network Elements, ancillary 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 lnterconnection, Unbundled
Network Elements, ancillary services, and/or resale of Telecommunications Services hereunder.
3.2 Prior to placing any orders for services under this Agreement, the Parties will
jointly complete the following sections of CenturyLink's "New Customer Questionnaire:"
General lnformation
Billing and Collection (Section 1)
Credit lnformation
Billing lnformation
Summary Billing
OSS and Network Outage Notification Contact lnformation
System Admi nistration Contact I nformation
Ordering lnformation 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 will be
used to:
Determine geographical requirements,
ldentify CLEC identification codes;
Determine CenturyLink system requirements to support CLEC's specific activity;
Collect credit information;
Obtain Billing information;
Create summary bills;
Establish input and output requirements;
Create and distribute CenturyLink and CLEC contact lists; and
December 20, 20 1 7/na p/Matrix Telecom d ba Trinsic/Q/l D/CDS- 1 7 1 220- 0003
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DocuSign Envelope I D: 79B6D7C7-3 E09-41 89-958D-3D7A388A3986
Section 3
CLEC lnformation
ldentify CLEC hours and holidays.
3.2.2 CLECs that have previously completed a Questionnaire need not fill out a
New Customer Questionnaire; however, CLEC will 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.
December 20, 201 7/na p/Matrix Telecom dba Trinsic/Q/l D/CDS- 1 7 1 220-0003
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DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
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 will be used to order trunking and
facilities between CLEC and CenturyLink for Local lnterconnection 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 traffic.
"Access Tandem Switch" is a Switch used to connect End Office Switches to interexchange
Carrier Switches. CenturyLink's Access Tandem Switches are also used to connect and switch
traffic between and among Central Office Switches within the same LATA and may be used for
the exchange of localtraffic.
"Act" means the Communications Act of 1934 {47 U.S.C. S 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.
"Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or controlwith, 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.
"AMl T1" is a transmission system sometimes used on loops to transmit DS1 signals (1.544
Mbps) using Alternate Mark lnversion (AMl) line code.
"Applicable Lad' 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.
"ATlS" or "Alliance for Telecommunications lndustry 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-110O-CORE which
defines the industry standard for message recording.
Dece mber 20, 20 1 7 I naplMalrix Te lecom d ba Trins ic/Q/l D/CDS- 1 7 1 220-0003
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DocuSig n Envelope I D: 7986D7C7-3E09-41 89-958 D-3D7A388A3986
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Definitions
"Automatic Location ldentification" or "ALl" is the automatic display at the Public Safety
Answering Point (PSAP) of the caller's telephone number, the addressllocation of the telephone
and supplementary emergency services information for Enhanced 911 (E911).
"Automatic Location ldentification/Database Management System" or "ALI/DBMS" is an
Enhanced 911/ (E91'1) 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 (i.e., dispatch of emergency aid).
"Automatic Location ldentification Gateway" or "ALl Gateway" is a computer facility into which
CLEC delivers Automatic Location ldentification (ALl) data for CLEC Customers. Access to the
ALI Gateway will be via a dial-up modem using a common protocol.
"Automatic Number ldentification" or "ANl" is the Billing telephone number associated with the
access line from which a call originates. ANI and Calling 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
contert of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications
Service includes access to ancillary services such as 911, directory assistance and operator
services.
"Bill Date" means the date on which a Billing period ends, as identified on the bill.
"Billing" involves the provision of appropriate usage data by one Telecommunications Carrier to
another to facilitate Customer Billing with attendant acknowledgments and status reports. lt
also involves the exchange of information between Telecommunications Carriers to process
claims and adjustments.
"BinderGroups" 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 Custome/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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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 \Mre Center, including
UNE loops provisioned in combination with other unbundled elements. Among these
requirements, Business Line tallies (1) shall include only those access lines connecting End
User Customers with CenturyLink end-offices 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-tour (24) Business Lines.
'CABS" means Carrier Access Billing System or any successor billing system.
"Calling Party Numbe/' or "CPN" is a Common Channel Signaling (CCS) parameter which
refers to the ten digit number transmitted through a network identifying the calling party.
Reference CenturyLi n k Tech n ical Pu bl ication 77 342.
"Carrie/' 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 lnteroperability Forum (NllF), the Ordering and Billing Forum
(OBF), the lndustry Numbering Committee (lNC), 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 lnstallation and Maintenance
Committee (NIMC) publish business process rules for their respective areas of concern.
"Central Office" 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 Office Switches" (or "Tandem Switches") are used to connect and switch trunk
circuits between and among other End Office Switches. CLEC Switch (es) shall be
considered Tandem Office Switch (es) to the extent such Switch (es) serve(s) a
comparable geographic area as CenturyLink's Tandem Office 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 Billing data.
"Centralized Message Distribution System" or "CMDS" means the operation system that Local
Exchange Carriers use to exchange outcollect and CABS access messages among each other
and other parties connected to CIVIDS.
"Centrex" shall have the meaning set forth in Section 6.2.2.9.
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Definitions
"Charge Number" is a Common Channel Signaling parameter, which refers to the number,
transmitted through the network identifying the Billing number of the calling party. Charge
Number frequently is not the Calling 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 lnterconnection or access to
CenturyLink Unbundled Network Elements.
"Collocation - Point of lnterconnection" 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. ln either case, CenturyLink will extend or run
the Fiber Entrance Facility to CLEC's Collocation Space.
"Commercial Mobile Radio Seryice" or "CMRS" is defined in 47 U.S.C. S 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 ldaho Public Utilities 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 canies the actual call. Signaling System 7 ("SS7") 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 installing pen registers and trap and trace devices.
"Competitive Local Exchange Carrie/'or "CLEC" refers to a Party that has submitted a request,
pursuant to this Agreement, to obtain lnterconnection, access to Unbundled Network Elements,
ancillary services, or resale of Telecommunications Services. CLEC is an entity authorized to
provide local Exchange Service that does not otherwise qualify as an lncumbent Local
Exchange Carrier (ILEC).
"Confidential lnformation" 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 Calling 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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limited to, call waiting, 3-way calling, abbreviated dialing (speed calling), call forwarding, and
series completing (busy or no answer).
"Custom Local Area Signaling Service" or "CI-ASS" 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, calling number delivery, Customer originated
trace, distinctive ringing/callwaiting, selective callforwarding and selective call rejection.
"Customef 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.9., 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 Fibef' shall have the meaning set forth in Section 9.7.1.
"Data Local Exchange Carrie/' or "DLEC" is a CLEC interconnecting primarily for purposes of
transporting data.
"Day" means calendar days unless otherwise specified.
"Dedicated Transport" means CenturyLink transmission facilities 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 OCn-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 "DVA" 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 Connecl 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 DCS 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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Types of DCS that cross connect Synchronous Transport Signal level 1 (STS-1 s) or other
Synchronous Optical Network (SONET) signals (e.9., 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.9., DCS 3/3/1 which combines functionality of DCS 3/3
and DCS 3/1). For such DCS, the requirements will be, at least, the aggregation of
requirements on the "component" DCS. ln locations where automated Cross Connection
capability does not exist, DCS will 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 D4
channel banks or other DSO and above multiplexing equipment used to provide the function of a
manual Cross Connection. lnterconnection 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. ln the time-division multiplexing hierarchy of the telephone network, DS1 is
the initial level of multiplexing. There are twenty-eight (28) DSls in a DS3.
"Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division
multiplex hierarchy. ln the time-division multiplexing hierarchy of the telephone network, DS3 is
defined as the third level of multiplexing.
"Digital Subscriber Line Access Multiplexed' or "DS|-AM" 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 lP networks. The DSLAM must be located at the end of a copper Loop nearest the
Serving Wire Center (e.9., 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 I Mbps downstream (from the
Central Office to the End User Customer) and up to 1 Mbps digital signal upstream (from
the End User Customer to the Central Office) 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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"lDSL" or "ISDN Digital Subscriber Line" or "lntegrated Services Digital Network Digital
Subscriber Line" is a symmetrical, baseband DSL technology that permits the bi-
directional transmission of up lo 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 callefs 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 laMul purposes.
"Disturber" 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 speciflc date on which the requested service is to be available to CLEC
or to CLEC's End User Customer, as applicable.
"Etfective 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 lnternational 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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"Emergency Service Numbef' 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 party 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 subscribefs 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 forth in Section 10.3.1.
"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 lnterface" or "EMl" means the format used for exchange of
Telecommunications message information among Telecommunications Carriers. lt is
referenced in the Alliance for Telecommunications lndustry 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 billable,
non-billable, sample, settlement and study data. EMR format is contained in BR-010-200-010
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 traffic that is
originated and terminated within the Local Calling Area as defined in CenturyLink's Southern
ldaho and Northern ldaho 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 affiliate of CenturyLink,
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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 "affiliate" is defined by
47 U.S.C. S 153(1).
"Fiber Meet" means an lnterconnection 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 rrFOCrr 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 conflrms the schedule of dates committed to by CenturyLink for the
Provisioning of the service requested.
"lndividual Case Basis" or "lCB" shall have the meaning set forth in Exhibit l.
"lnformation 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 system or
the management of a Telecommunications Service.
"lntegrated Digital Loop Carrier" means a subscriber loop carrier system, which integrates
multiple voice channels within the Switch on a DS1 level signal.
"lntegrated Services Digital Network" or "ISDN" refers to a digital circuit switched network
service. Basic Rate ISDN (BRl) 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 (PRl) provides for twenty-three (23)
bearer channels and one (1) data channel. For BRl, the bearer channels operate at 64 Kbps
and the data channel at 16 Kbps. For PRl, all twenty-four (24) channels operate at 64 Kbps or
1.5 Mbps.
"lnterconnection" is as described in the Act and refers to the connection between networks for
the purpose of transmission and routing of telephone Exchange Service traffic, lntraLATA LEC
Toll and Jointly Provided Switched Access traffic.
"lnterconnection Agreement" or "Agreement" is an agreement entered into between CenturyLink
and CLEC for lnterconnection, 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 lnterconnection Agreement between the
Parties pursuant to Section 252(e) of the Act.
"lnterexchange Carrier" or "lXC" means a Carrier that provides lnterl3TA or lntraLATA Toll
services.
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"lnterexchange Service" means telecommunications service between stations in different
exchange areas. Modification of Final Judgment, S lV(K), reprinted in United Sfafes 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").
"lnterim Number Portability" or "lNP" is a method of number portability, such as Remote Call
Forwarding ("RCF') or any other comparable and technically feasible anangement, 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 TraffiC' describes Telecommunications between a point located in a Local Access
and Transport Area ("LATA") and a point located outside such area.
"lnternet Service Provider-Bound" or "lSP-Bound" refers only to the traffic delivered to an
lnternet Service provider for which the FCC prescribed intercarrier compensation in the
lntercarrier Compensation for ISP-Bound Traffic, CC Docket No. 99-68, Order on Remand and
Report and Order, 16 FCC Rcd 9151 (2001)(the "lSP Remand Orde/'). Such traffic does not
include traffic delivered to an lnternet Service provider located in a different local calling area
than the calling party.
"lnteroperability" means the ability of a CenturyLink OSS Function to process seamlessly (i.e.,
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 lntraLATA Toll traffic carried solely by a Local Exchange Carrier
and not by an lXC.
"lntraLATA Toll Traffid' describes lntraLATA Traffic outside the Local Calling 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 Office Switch connections that have been programmed to treat the
circuit as a local line connected to a terminating station (e.9., an End User Customer's
telephone station set, a PBX, answering machine, facsimile machine or computer).
"Local Access Transport Area" or "|-ATA" is as defined in the Act.
"Local Calling 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)
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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 lXCs to identify NPA-NXX routing and homing information as well
as Network Element and equipment designations.
"Local lnterconnection Service (LlS) Entrance Facility" is a DS1 or DS3 facility that extends from
CLEC's Switch location or Point of lnterconnection (POl) to the CenturyLink Serving Wire
Center. An Entrance Facility may not extend beyond the area served by the CenturyLink
Serving Wire Center.
"Local lnterconnection Service (LlS)" is the CenturyLink product name for its provision of
lnterconnection as described in Section 7 of this Agreement.
"Local Number Portability" or "LNP" shall have the meaning set forth in Section 10.2.1.1
"Local Service Ordering Guide" or "LSOG" is a document developed by the OBF to establish
industry-wide ordering and Billing 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 Office Switches for traffic within an EAS/Local calling area.
"Local VolP-PSTN TraffiC' is VolP-PSTN Traffic that physically originates and terminates within
the Local Calling Area as determined by the Commission.
"Location Routing Number" or "LRN" means a unique ten- (1O)-digit number assigned to a
Central Office Switch in a defined geographic area for call routing purposes. This ten- (1O)-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 "lnterexchange Service").
"Loop" or "Unbundled Loop" shall have the meaning set forth in Section 9.2.1.
"Loop Concentrator/Multiplexed' 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
(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);
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Definitions
performs signal conversion, including encoding of signals (e.9., analog to digital and
digitalto analog signal conversion), or
in some instances performs electrical to optical (E/O) conversion.
LCM includes DLC, and D4 channel banks and may be located in Remote Terminals or
CentralOtfices.
"Main Distribution Frame" or "MDF" means a CenturyLink distribution frame (e.9., 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 lnterconnection 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 Billing" or "MPB" or "Jointly Provided Switched Access" or "JPSA" refers to an
arrangement whereby two (2) or more Telecommunications Caniers 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 lnterexchange 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 lnterconnection 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.
"Mid-Span Meet POl" A Mid-Span Meet POI is a negotiated Point of lnterface, limited to the
lnterconnection 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.
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Section 4
Definitions
"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 Billing" or "MECAB" refers to the document prepared by the
Billing Committee of the Ordering and Billing Forum (OBF), which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications lndustry
Solutions (ATIS). The MECAB document, published by ATIS (0401004-00XX), contains the
recommended guidelines for the Billing 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 -
lndustry Support lnterface, refers to the document developed by the Ordering/Provisioning
Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under
the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications
lndustry Solutions (ATIS). The MECOD document, published by ATIS (04O412A-00X), 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 Carrief' 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 will be contained in the Performance lndicator Definitions (PlDs),
where applicable.
"Network Element" is a facility or equipment used in the provision of Telecommunications
Service. lt also includes features, functions, and capabilities that are provided by means of
such facility or equipment, including subscriber numbers, databases, signaling systems, and
information sutficient for Billing and collection or used in the transmission, routing, or other
provision of a Telecommunications Service.
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Definitions
"Network lnstallation 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 lnterface Device" or "NlD" is a Network Element (including all of its features, functions
and capabilities) that includes any means of lnterconnection 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 lnterconnection Trunk Groups" shall have the meaning set forth in Section 10.3.7.
"Non-lmpaired Facilities" are those network elements identified in an applicable FCC order as
no longer available as unbundled network elements ("UNEs") under 47 U.S.C. $ 251(c)(3) as
reflected in this Agreement based on non-impairment or tier designations.
"Non-impaired Wire Centef' means a Wire Center that meets the loop thresholds identified in 47
C.F.R. $ 51.319(a)(4)(i) for DSI 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. S
51.319(e)(3) and subject to the limitations of 47 C.F.R. S 51.31g(e)(2Xii)(A) for DS1 Dedicated
Transport and 47 C.F.R. $ 51.319(e)(2xiiD(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 lslands and certain Caribbean lslands. The
NANP format is a 1O-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. lt is a unique
three-digit indicator that is defined by the "A," "B" and "C" digits of each 1O-digit telephone
number within the NANP. Each NPA contains 800 possible N)(X 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
provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are
examples of Non-Geographic NPAs.
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"NM," "NXX Code," "Central Office Code," or "CO Code" is the three- (3)-digit Switch entity
code which is defined by the "D," "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 Billing Forum" or "OBF" means the telecommunications industry forum, under the
auspices of the Carrier Liaison Committee of the Alliance for Telecommunications lndustry
Solutions, concerned with inter-company ordering and Billing.
"Originating Line lnformation Parameter" or "OLlP" is a CCS SS7 signaling parameter that
identifies the line class of service, i.e., 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.9., x.25, x.75, frame relay, ATM, and lP).
"Parity" means the provision of non-discriminatory access to lnterconnection, 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 will be provided in
"substantially the same time and manne/' 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 lndicator Definitions" or "PlDs" 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 lnterface", "Point of lnterconnection," or "POl" 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.
"Point of Presence" or "POP" means the Point of Presence of an lXC.
"Pole Attachment" shall have the meaning set forth in Section 10.8.1
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"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 facilities connected to the Central Otfice Switch.
Each Line Side Port is typically associated with one or more telephone numbers that serve as
the Custome/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 Offices 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 on CenturyLink's web site:
http://www. centu ryl i nk. com/wholesale/pcaV
"Project Coordinated lnstallation" 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 Customefs
selection and authorization adequate to document the End User Custome/s selection of its local
service provider.
"Proprietary lnformation" shall have the same meaning as Confidential lnformation.
"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 Subscribei' 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.
"Pseudo Automatic Number ldentification" or "Pseudo-ANl" is a number, consisting of the same
number of digits as ANl, 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.
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Definitions
"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, lXCs 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.9., 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 lssue Date" or "RlD" 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. lf an End User Customer changes its local service provider from one Party
to the other Party, using RCF, the old service provide/s switch will 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 provide/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 Switch" means a switch that directly terminates traffic to and receives traffic from End
Users of local Telephone Exchange Services, but does not have the full features, functions and
capabilities of an End Office Switch. Such features, functions, and capabilities are provided to a
Remote Switch via an intraswitch umbilicalfrom a host End Office.
"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
reselling those Telecommunications Services to their End User Customers.
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"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.9., Wire
Center or Switch "A" and Wire Center or Switch "2") may pass through one (1) or more
intermediate Wire Centers or Switches (e.9., Wire Center or Switch "X'). Transmission paths
between identical end points (e.9., Wire Center or Switch "A" and Wire Center or Switch "2") are
the same "route," irrespective of whether they pass through the same intermediate Wire Centers
or Switches, if any.
"Scheduled lssued Date" or "SlD" 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 ldentification" or "SPlD" 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 "SS7" 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) lntegrated 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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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.
"Splitted' means a device used in conjunction with a DSLAM either to combine or separate the
high (DSL) 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 Office Switches, Tandem Switches, Access Tandem
Switches, Remote Switches, and Packet Switches. Switches may be employed as a
combination of End Officeffandem Switches.
"Switched Access Service" means the offering of transmission and switching services to
lnterexchange Cariers for the purpose of the origination or termination of telephone toll service.
Switched Access Services include: Feature Group A, Feature Group B, Feature Group D, 8XX
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
Party's network.
"Synchronous Optical Network" or "SONET" is a TDM-based (time division multiplexing)
standard for high-speed fiber optic transmission formulated by the Exchange Carriers Standards
Association (ECSA) for the American National Standards lnstitute ("ANSI").
"Tariff' as used throughout this Agreement refers to CenturyLink interstate Tariffs and state
Tariffs, price lists, and price schedules.
"Technically Feasible" lnterconnection, access to Unbundled Network Elements, Collocation,
and other methods of achieving lnterconnection or access to Unbundled Network Elements at a
point in the network shall be deemed Technically Feasible absent technical or operational
concems that prevent the fulfillment of a request by a Telecommunications Carrier for such
lnterconnection, access, or methods. A determination of technical feasibility does not include
consideration of economic, accounting, Billing, 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 reliability impacts must prove to the Commission by clear and convincing evidence that
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Definitions
such lnterconnection, access, or methods would result in specific and significant adverse
network reliability i mpacts.
"Telecommunications" means the transmission, between or among points specified by the user,
of information of the use/s choosing, without change in the form or content of the information as
sent and received.
"Telecommunications Carrie/' 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 provision 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 lncremental 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 \Mre 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
\Mre 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 Seryice" means service provided with any dialing sequence that invokes Toll Free,
i.e., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free
Service 800/888/8771866 NPA SAC codes.
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"Toll VolP-PSTN Tratfic" is VolP-PSTN Traffic that physically originates and terminates in
different Local Calling Areas as determined by the Commission.
"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.9., 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 Carrie/s network
and/or its end user(s), transits another Telecommunications Carrie/s network, and terminates to
yet another Telecommunications Carrier's network and/or its end user(s).
"Trouble lsolation 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 Traffid' is all traffic originated by a Party's End User Customer and dialed with a local
dialing pattern that is not terminated to the other Party's End User Customer physically located
within the same CenturyLink Local Calling Area (as approved by the state Commission) as the
originating caller, regardless of the NPA-NXX dialed. VNXX does not include originating 8XX
traffic.
"VoIP-PSTN Traffid' includes any traffic previously referred to in the Agreement as "VolP" or
"VolP Traffic" or "lP Enabled Voice Traffid', and is defined as traffic which is exchanged
between a CenturyLink end user and the CLEC end user in Time Division Multiplexing ("TDM")
format that originates and/or terminates in lnternet Protocol ("1P") format, as determined in the
Order, and terminates to a Party's End User Customer.
"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. lt 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
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Section 4
Definitions
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 in current use.
"Wire Center" means the location of a CenturyLink local switching facility containing one or
more Central Offices, as defined in the Appendix to Part 36, Chapter 1 of Title 47 of the Code of
Federal Regulations. Wire Center boundaries define the area in which all End User Customers
served by a given Wire Center are located.
"Wired and Office Tested Date" or rlvrOTrr means the date by which all intraoffice wiring is
completed, all plug-ins optioned and aligned, frame continuity established, and the interoffice
facilities, if applicable, are tested. This includes the date that switching equipment, including
translation loading, is installed and tested.
"Work Locations" means any real estate that CLEC or CenturyLink, as appropriate, owns,
leases or licenses, or in which it holds easements or other rights to use, or does use, in
connection with this Agreement.
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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Section 5
Terms and Conditions
Section 5.0 - TERMS AND CONDITIONS
5.1 General Provisions
5.1.1 lntentionally Left Blank.
5.1.2 The Parties are each solely responsible for participation in and compliancewith
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. ln addition, neither Party's provision of
or use of services shall interfere with the services related to or provided under this Agreement.
5.1.3.1 lf 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. ln the event either Party 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 lf the impairment is service impacting but does not meet the parameters
setforth in Section 5.1.3.1, such as low level noise orother 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. lf 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 lf 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. lf 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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5.1.3.4 lt is the responsibility 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 Caniers. This provision is not intended to limit the
liability 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, calling 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 ancillary 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.
5.2.1 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 in which event neither Party will bring a dispute to require that an obligation
incurred after execution must be fulfilled under the terms of the prior Agreement as long as this
Agreement ultimately receives Commission Approval and so long as such obligations are
fulfilled under the terms of this Agreement. This Agreement shall be binding upon the Parties
for a term of three (3) years. This Agreement will terminate on the date a successor agreement
is approved by the Commission, However, nothing relieves CLEC from fulfilling the obligations
incurred under the prior Agreement unless such obligation was incurred following execution of
this Agreement and the Parties agreed to implement this Agreement such obligations are
fulfilled under this Agreement consistent with this paragraph.
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 will 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 fulfilling the obligations incurred under the prior Agreement.
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5.2 Term of Agreement
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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.
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). lf 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. lf 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 billed on paper, not the
date the electronic delivery occurs. lf 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 Billing Party has notified the other Party
in writing at least ten (10) business days prior to discontinuing the processing of orders for
services. lf the Billing 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 Billing 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 billed Party will be required to make full payment of all charges for
the services not disputed in good faith under this Agreement. Additionally, the Billing Party may
require a deposit (or additional deposit) from the billed Party, pursuant to this section. ln
addition to other remedies that may be available at law or equity, the billed Party reserves the
right to seek equitable relief, including injunctive relief and specific performance.
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5.4.3 The Billing Party may disconnect services for failure by the billed 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 will pay the applicable reconnect charge set forth in Exhibit
A required to reconnect each service disconnected pursuant to this paragraph. The Billing Party
will notify the billed Party at least ten (10) business days prior to disconnection of the service(s).
ln case of such disconnection, all applicable undisputed charges, including termination charges,
shall become due. lf the Billing Party does not disconnect the billed Party's service(s) on the
date specified in the ten (10) business days notice, and the billed Party's noncompliance
continues, nothing contained herein shall preclude the Billing Party's right to disconnect services
of the non-complying Party without further notice. For reconnection of the services to occur, the
billed Party will 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 billed Party, pursuant to
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Section 5
Terms and Conditions
this Section. lf the billed Party is a new CLEC customer of CenturyLink, the application of this
provision will be suspended for the initial three (3) Billing cycles of this Agreement and will not
apply to amounts billed during those three (3) cycles. ln addition to other remedies that may be
available at law or equity, each Party reserves the right to seek equitable relief, including
injunctive relief and specific performance.
5.4.4 Should CLEC or CenturyLink dispute, in good faith, any portion of the charges
under this Agreement, the Parties will 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
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 lf a Party disputes charges and does not pay such charges by the
payment due date, such charges may be subject to late payment charges. lf the
disputed charges have been withheld and the dispute is resolved in favor of the Billing
Party, the withholding Party shall pay the disputed amount and applicable late payment
charges no later than the next Bill Date following the resolution. lf the disputed charges
have been withheld and the dispute is resolved in favor of the disputing Party, the Billing
Party shall credit the bill 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 Bill
Date after the resolution of the dispute. lf a Party pays the disputed charges and the
dispute is resolved in favor of the Billing Party, no further action is required.
5.4.4.2 lf a Party pays the disputed charges and the dispute is resolved in favor
of the Billing Party, no further action is required. lf 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 Billing Party will adjust the Billing,
usually within two (2) Billing cycles, after the resolution of the dispute, as follows:
(1) The Billing Party will credit the Billed Party's bill for the disputed amount and
any associated interest; or
(2) lf the disputed amount is greater than the bill to be credited, pay the
remaining amount to the Billed Party.
(3) The interest calculated on the disputed amounts will be the same rate as late
payment charges. ln no event, however, will any late payment charges be
assessed on any previously assessed late payment charges.
5.4.4.3 lf the Billed Party fails to dispute a rate or charge within sixty (60) Days
following the invoice date on which the rate or charge appeared, adjustment will be
made on a going-forward basis only, beginning with the date of the dispute.
5.4.5. CenturyLink reserves the right to secure the account at any time with a suitable security
deposit in the form and amounts set forth herein. lf payment of the security deposit is not
made within thirty (30) Days of the request, Carrier will be considered in material breach of the
Agreement and CenturyLink may stop processing orders for service.
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Terms and Conditions
5.4.6. ln the event of a material change in CLEC's financial condition subsequent to the
Effective Date of this Agreement, CenturyLink may request a security deposit. A "material
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 will be provisioned and
completed or before reconnection of Service. "Repeatedly delinquent" means any payment of a
material amount of total monthly Billing under the Agreement received after the Payment Due
Date, three (3) or more times during the last twelve (12) month period.
5.4.7. The deposit amount may not exceed the estimate total monthly charges for a two (2)
month period based upon recent or projected Billing. 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 will the security deposit exceed five million dollars ($5,000,000.00). The
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. Non-
payment is subject to Sections 5.4.2 and 5.4.3 of this Agreement.
5.4.8 CenturyLink may exercise its right to credit any cash deposit to CLEC's account, or to
demand payment from the issuing bank or bonding company of any irrevocable bank letter of
credit, upon the occurrence of any one of the following events:
5.4.8.1. when CLEC's undisputed balances due to CenturyLink are more than
thirty (30) Days past due; andlor
5.4.8.2. to the extent permitted by Applicable Laws, when CLEC files for
protection under the bankruptcy laws; and/or
5.4.8.3. to the extent permitted by Applicable Laws, when an involuntary petition
in bankruptcy is filed against CLEC and is not dismissed within sixty (60) Days; and/or
5.4.8.4. when this Agreement expires or terminates.
5.4.9 lf any security deposit held by CenturyLink is applied as a credit toward payment
of CLEC's balances due to CenturyLink, then CenturyLink may require CLEC to provide a new
deposit. lf payment of the new deposit is not made within thirty (30) Days of the request,
CenturyLink may stop processing orders for service and CLEC will be considered in breach of
the Agreement.
5.4.10 lnterest will 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 will generally be
one full year of timely payments of undisputed amounts in full by CLEC. Upon a material
change in financial standing, CLEC may request and CenturyLink will consider a recalculation of
the deposit. The fact that a deposit has been made does not relieve CLEC from any
requirements of this Agreement.
5.4.11 CenturyLink may review CLEC's credit standing and modify the amount of
deposit required but in no event will the maximum amount exceed the amount stated
hereinabove.
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5.4.12 The late payment charge for amounts that are billed under this Agreement shall
be in accordance with Commission requirements.
5.4.13 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.
5.5 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 selling 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.
\y'Uhenever 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 will be applied. lf 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.
5.6 lnsurance
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
"Bests" rating of A-Vll with respect to liability arising from that Party's operations for which that
Party has assumed legal responsibility in this Agreement. lf either Party or its parent company
has assets equal to or exceeding ten billion dollars ($'10,000,000,000), that Party may utilize an
Affiliate captive insurance company in lieu of a "Bests" rated insurer. To the extent that the
parent company of a Party is relied upon to meet the ten billion 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 affiliated 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 contractods protection
(required if any work will be subcontracted), premises-operations, products and/or
completed operations and contractual liability with respect to the liability assumed by
each Party 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.
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5.6.1.3 Business automobile liability insurance covering the ownership, operation
and maintenance of all owned, non-owned and hired motor vehicles with limits of not
less than one million dollars ($1,000,000) per occurrence for bodily injury and property
damage.
5.6.1.4 Umbrella/Excess Liability insurance in an amount of ten million 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 Party will initially provide certificate(s) of insurance evidencing coverage,
and thereafterwill provide such certificate(s) upon request. Such certificates shall (1) name the
other Party as an additional insured under commercial general liability 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 interesUcross
liability coverage.
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
accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental
disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event).
lnability to secure products or services of other Persons or transportation facilities 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 Party 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. ln 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 Liability
5.8.1 Each Party's liability 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. 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
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of whether the Parties know the possibility that such damages could result. lf 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) willful 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
failing to make any payment due under this Agreement.
5.9 lndemnity
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
an lndemnitee) from and against and in respect of any loss, debt, liability, 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 lndemnifying 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.
5.9.2
5.9.1.2 ln 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 lndemnifying Party) shall defend and indemnify the other Party and
each of its officers, directors, employees and agents (collectively the lndemnified Party)
against any and all such claims or loss by the lndemnifying Party's End User Customers
regardless of whether the underlying service was provided or Unbundled Network
Element was provisioned by the lndemnified Party, unless the loss was caused by the
willful misconduct of the lndemnified Party. The obligation to indemnify with respect to
claims of the lndemnifying 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.
The indemnification provided herein shall be conditioned upon:
5.9.2.1 The lndemnified Party shall promptly notify the lndemnifying Party of any
action taken against the lndemnified Party relating to the indemnification. Failure to so
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notify the lndemnifying Party shall not relieve the lndemnifying Party of any liability that
the lndemnifying Party might have, except to the extent that such failure prejudices the
lndemnifying Party's ability to defend such claim.
5.9.2.2 lf the lndemnifying Party wishes to defend against such action, it shall
give written notice to the lndemnified Party of acceptance of the defense of such action.
ln such event, the lndemnifying Party shall have sole authority to defend any such
action, including the selection of legal counsel, and the lndemnified Party may engage
separate legal counsel only at its sole cost and expense. ln the event that the
lndemnifying Party does not accept the defense of the action, the lndemnified Party shall
have the right to employ counsel for such defense at the expense of the lndemnifying
Party. Each Party agrees to cooperate with the other Party in the defense of any such
action and the relevant records of each Party shall be available to the other Party with
respect to any such defense.
5.9.2.3 ln no event shall the lndemnifying Party settle or consent to any judgment
pertaining to any such action without the prior written consent of the lndemnified Party.
ln the event the lndemnified Party withholds consent, the lndemnified Party may, at its
cost, take over such defense, provided that, in such event, the lndemnifying Party shall
not be responsible for, nor shall it be obligated to indemnify the relevant lndemnified
Party against, any cost or liability in excess of such refused compromise or settlement.
5.10 lntellectualProperty
5.10.1 Except for a license to use any facilities or equipment (including software) 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 lnterconnection 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 property, 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 lndemnifying Party) shall indemnify and
hold the other Party (the lndemnified Party) harmless from and against any loss, cost, expense
or liability arising out of a claim that the use of facilities of the lndemnifying Party or services
provided by the lndemnifying Party provided or used pursuant to the terms of this Agreement
misappropriates or otherwise violates the intellectual property rights of any third party. ln
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 lndemnifying Party with facilities or services of any other
Person (including the lndemnified Party but excluding the lndemnifying Party and any of its
Affiliates), which combination is not made by or at the direction of the lndemnifying Party or (b)
any modification made to the facilities or services of the lndemnifying Party by, on behalf of or at
the request of the lndemnified Party and not required by the lndemnifying Party. ln the event of
any claim, the lndemnifying Party may, at its sole option (a) obtain the right for the lndemnified
Party to continue to use the facility or service; or (b) replace or modify the facility or service to
make such facility or service non-infringing. lf 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
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competent jurisdiction or (b) the Indemnifying Party reasonably believes that the facility or
service will be held to infringe, the lndemnifying Party shall notify the lndemnified 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 lndemnifying Party may request
that the lndemnified Party take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting modifications to the facilities 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 unsuccessful
in obtaining such rights.
5.10.3.1 CenturyLink covenants that it will not enter into any licensing agreements
with respect to any CenturyLink facilities, equipment or services, including software, that
contain provisions that would disqualify CLEC from using or interconnecting with such
facilities, equipment or services, including software, pursuant to the terms of this
Agreement. CenturyLink warrants and further covenants that it has not and will not
knowingly modify any existing license agreements for any network facilities, equipment
or services, including software, in whole or in part for the purpose of disqualifying CLEC
from using or interconnecting with such facilities, equipment or services, including
software, pursuant to the terms of this Agreement. To the extent that providers of
facilities, equipment, services or software in CenturyLink's network provide CenturyLink
with indemnities covering intellectual property liabilities 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 lntellectual 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 Party
may use any patent, copyright, logo, trademark, trade name, trade secret or other intellectual
property rights of the other Party or its Affiliates 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 affiliated with the other or its Affiliates; 2) it
is part of a joint business association or any similar arrangement with the other or its Affiliates;
3) the other Party and its Affiliates 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 Party 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.
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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 to
CenturyLink for its prior written approval.
5.10.6.5 lf 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 will 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 will 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 will negotiate an agreed upon date, then disclose to
CLEC in writing (i) the name of the Party owning, controlling or licensing such intellectual
property, (ii) the facilities or equipment associated with such intellectual property, (iii) 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
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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
MERCHANTABILIry AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL
PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED UAS IS,'' WTH 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 rights or obligations hereunder) to a third party without the prior written
consent of the other Party. Notwithstanding the foregoing, either Party may assign or transfer
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 benefit of the Parties' respective successors and assigns.
5.12.2 ln 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.
ln the event of such a proposed transfer, CenturyLink shall use its best etforts 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. S 51.809.
5.13 Default
5.13.1 lf 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 fullforce and effect.
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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 Party
whether regulatory or contractual, or to assume any responsibility for the management of the
other Party's business.
5.15 Severability
5.15.1 ln the event that any one 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
will negotiate in good faith for replacement language as set forth herein. lf any part of this
Agreement is held to be invalid or unenforceable for any reason, such invalidity or
unenforceability will affect only the portion of this Agreement which is invalid or unenforceable.
ln 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 etfect.
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 "Confldential" 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 lnformation"), shall remain the property of the disclosing Party. A Party who
receives Proprietary lnformation via an oral communication may request written confirmation
that the material is Proprietary lnformation. A Party who delivers Proprietary lnformation via an
oral communication may request written confirmation that the Party receiving the information
understands that the material is Proprietary lnformation. Each Party shall have the right to
correct an inadvertent failure to identify information as Proprietary lnformation 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 lnformation. 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 lnformation, whether written, graphic or othenrvise, 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 lnformation confidential
and will disclose it on a need to know basis only. Each Party shall use the other Party's
Proprietary lnformation only in connection with this Agreement and in accordance with
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Applicable Law, including but not limited 1o,47 U.S.C. 5222. ln accordance with Section 222 ot
the Act, when either Party receives or obtains Proprietary lnformation 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 lnformation 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. lf either Party loses, or makes an unauthorized disclosure of, the
other Party's Proprietary lnformation, it will 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 lnformation 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 Party; or
c) is rightfully received from a third Person having no direct or indirect secrecy or
confidentiality obligation to the disclosing Party 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 lnformation; 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. ln addition either Party shall have the right to disclose
Proprietary lnformation 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 conceming the
provision of lnterLATA 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 lnformation pursuant to an appropriate protective order in any such
proceeding.
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5.16.6 Effective Date of this Section. Notwithstanding any other provision of this
Agreement, the Proprietary lnformation 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 ineparably injured by a
breach of the confidentiality obligations of this Agreement by the receiving Party 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 lnformation or its obligations with respect to the other Party's Proprietary
lnformation under Section 222 of the Act.
5.16.9 Forecasts provided by either Party to the other Party shall be deemed
Confidential lnformation 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
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. ln no case shall retail marketing, sales or strategic planning
have access to this forecasting information. The Parties will inform all of the
aforementioned personnel with access to such Confidential lnformation, 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.
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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 lnformation, 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 DisputeResolution
5.18.1 The Parties will 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 will 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 will 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 will be treated as Confidential lnformation (Confidential
lnformation) developed for purposes of settlement, and will be exempt from discovery and
production, and not be admissible in any subsequent proceedings without the concurrence of
both Parties.
5.18.2 lf 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 will be brought before the
Commission or the FCC. lf 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 billed, any
action will 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 personaljurisdiction 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 Controlling 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 ldaho. lt shall be interpreted solely in
accordance with applicable federal law and the state law of ldaho.
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5.20 Responsibilityfor 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 lndemnifying Party, its contractors or agents
introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for
which the lndemnifying 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 will ensure that to the extent any
activities which it undertakes in the facility disturb such suspect materials, such CLEC activities
will 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
liability 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.
5.21 Notices
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:
Qwest Corporation dba CenturyLink QC
Director Wholesale Contracts
930 1sth Street 6th Floor
Denver, CO 80202
Email: [e-mail]
Phone: [phone]
With copy to CenturyLink at the address shown below:
CenturyLink Law Department
Associate General Counsel, Interconnection
931 14th Street, 9th Floor
Denver, CO 80202
Email: Le,qeLl rylink.com
Phone: [phone]
and with a copy to CLEC at the address shown below:
Alex Valencia
VP Government Affairs & Compliance
Matrix Telecom, LLC. dba Matrix Bus Technologies dba Trinsic Communications
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433 E. Las Colinas Blvd., Suite 500
lrving, TX 75039
Phone: [phone]
Email : avalencia@im pacttelecom. com
With copy to:
Contracts Management
Matrix Telecom, LLC. dba Matrix Bus Technologies dba Trinsic Communications
433 E. Las Colinas Blvd., Suite 500
lrving, TX 75039
Phone: [phone]
Email : contracts@i m pacttelecom. com
lf 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 Responsibility 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 will 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
any remedy, claim, liability, reimbursement, claim of action, or other right in excess of those
existing by reference in this Agreement.
5.24 lntentionally 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.
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5.26 Executed in Counterparts
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 Pafi 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, facilities and services fully comply with CALEA.
5.29 Gooperation
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 bill such services. Accordingly, the Parties agree to
work jointly and cooperatively in testing and implementing processes for pre-ordering, ordering,
maintenance, Provisioning and Billing 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. lf the Parties have not reached agreement on the requested amendment
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 lntentionally 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, will 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.
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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 6.0 - 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 will 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 controlling.
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 OSS at no cost to CLEC. lf CLEC asks CenturyLink personnel to travel
to CLEC's location to deliver training, CLEC will 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) will 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 lntentionally Left Blank.
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
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on the same line if provided by CenturyLink to a CenturyLink retail End User Customer.
6,2.2.5 lnside wiring maintenance plans are available for resale at CenturyLink
retail rates with no wholesale discount. Other non-Telecommunications Services such
as inside wiring installation, calling 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 will 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 will 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. \Mrere 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. ln 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 will be based on the
Centrex definition of a system and CLEC's serving location.
6.2.2.9.1 \y'/here 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 Office switching system. A common block defines the
dialing plan for intercom calling, 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 ditferent
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
optionalfeatures (i.e., 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). ln a multi-tenant building, CenturyLink may bring
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facilities directly to a single Point of lnterconnection 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 will be provisioned
and billed 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 will be considered contiguous when connected via
connecting passageways or conduit acceptable to CenturyLink for its facilities.
\y'Uhere CLEC has Centrex station lines from multiple Central Office switching
systems, within the same CenturyLink Wire Center, and provisioned to the same
Iocation, CLEC will 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 CLEC serving
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 SpecialAccess is available for resale but not
at a discount.
6.2.2.11 lntentionally 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
will 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 Affiliates, 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 will be an offset and credit toward any other
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) lntentionally Left Blank.
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d) lntentionally Left Blank.
e) ln 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
0 ln 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) lntentionally Left Blank.
d) ln 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) ln no case shall CenturyLink be required to provide duplicate
reimbursement or payment to CLEC for any service quality failure incident.
6.2.4 ln the event that there are existing agreements between CLEC and CenturyLinkfor resale under CenturyLink retail Tariffs, catalogs, price lists, or other retail
Telecommunications Services otferings, CLEC may elect to continue to obtain services for
resale under the existing agreements and such retail Tariffs, catalogs, price lists, or other retail
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. lf CLEC so adopts this Agreement, the associated wholesale
discount specified in Exhibit A of this Agreement will apply.
6.2.5 lntentionally 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 will 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 will place CLEC's
End User Custome/s Listings in CenturyLink's Directory Assistance Database and will include
such Listings in CenturyLink's Directory Assistance Service. Additional terms and conditions
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with respect to Directory Listings are described in the Ancillary 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, E9111911
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 ldentification/Database Management System (AL|/DMS). 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 lf 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 lnterexchange Carrier (PlC) assignments on
behalf of its End User Customers for lnterl-ATA and lntraLATA services. CLEC and
CenturyLink shall follow allApplicable Laws, rules and regulations with respect to PIC changes.
CenturyLink shall disclaim any liability for CLEC's improper lnterLATA and lntraLATA PIC
change requests, and CLEC shall disclaim any liability for CenturyLink's improper lnterLATA
(when applicable) and lntraLATA 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 ln 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. ln no case shall CenturyLink be
responsible for providing such notice to CLEC's End User Customers. CenturyLink will provide
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 will construct facilities to the extent necessary to satisfy its
obligations to provide basic local Exchange Service as set forth in CenturyLink's retail Taritfs,
catalogs, price lists, or other retail Telecommunications Services offerings and Commission
rules. Under such circumstances, CenturyLink will develop and provide to CLEC a price
quotation for the construction. Construction charges associated with resold services will be
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applied in the same manner that construction charges apply to CenturyLink retail End User
Customers. lf the quotation is accepted by CLEC, CLEC will be billed the quoted price and
construction will 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, will 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 will pay to CenturyLink the Primary lnterexchange Carrier (PlC) change
charge without discount for CLEC End User Customer changes of lnterexchange or lntral-ATA
Carriers. Any change in CLEC's End User Custome/s lnterexchange or lntralSTA Carrier must
be requested by CLEC on behalf of its End User Customer, and CenturyLink will not accept
changes to CLEC's End User Customeds lnterexchange or lntraLATA 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.9., 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 bill its End User Customers.
6.3.6 Miscellaneous Charges applicable to services ordered for resale by CLEC will
apply if such Miscellaneous Charges apply for equivalent services ordered by CenturyLink retail
End User Customers, except that CLEC will receive any applicable wholesale discount. Such
Miscellaneous Charges include charges listed in the applicable CenturyLink Tariffs, catalogs,
price lists, or other retail Telecommunications Services offerings.
6.3.7 lf 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. lf the Commission indicates
those additional services must be available for resale at wholesale discount rates, those
additional services will be added to this Agreement at the original Agreement wholesale
discount rate.
6.3.8 CenturyLink shall timely bill new or changed Commission-ordered resale rates or
charges using the effective date for such rates or charges as ordered by the Commission. lf
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CenturyLink bills 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 bill credits on CLEC's bill(s).
6.3.9 lf 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 will 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 Telecom m u nications Services offeri ngs.
6.3.10 Product-specific nonrecurring charges as set forth in CenturyLink's applicable
Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will 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 will 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 will
be instructed to contact CLEC; and CenturyLink's End User Customers contacting CLEC in
error will 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 callthe other Party seeking such information.
6.4.2 CLEC shall transmit to CenturyLink all information necessary for the ordering
(Billing, Directory Listing and other information), installation, repair, maintenance and post-
installation servicing arcording to CenturyLink's standard procedures, as described in the
CenturyLink Product Catalog (PCAT) available on CenturyLink's public web site located at
http://www.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 will 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 Affiliates, 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
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Ancillary 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 lf CenturyLink's retail End User Customer, or the End User Customer's New
Service Provider orders the discontinuance of the End User Customefs existing CenturyLink
service in anticipation of the End User Customer moving to a New Service Provider,
CenturyLink will render its closing bill to the End User Customer, discontinuing Billing as of the
date of the discontinuance of CenturyLink's service to the End User Customer. lf the Cunent
Service Provider, or if the End User Customefs New Service Provider orders the
discontinuance of existing resold service from the Current Service Provider, CenturyLink will bill
the Current Service Provider for service through the date the End User Customer receives
resold service from the Current Service Provider. CenturyLink will 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 will
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 will 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. lntervals provided to CLEC shall be equivalent to intervals provided by CenturyLink to
itself, its Affiliates, its subsidiaries, other Resellers, and to CenturyLink's retail End User
Customers.
6.5 Billing
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 retailTelecommunications 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 Billing period, in an agreed upon standard electronic
Billing format as detailed in Section 12.2.5, Billing information including (1) a summary bill, 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 will maintain its facilities and equipment used to provide CLEC
resold services. CLEC or its End User Customers may not rearrange, move, disconnect or
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attempt to repair CenturyLink's facilities 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 will 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 Taritfs, catalogs, price lists, or other
Telecommunications Services offerings.
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Section 7.O - INTERCONNECTION:
7.1 lnterconnection FacilityOptions
7 .1.1 This Section describes the lnterconnection of CenturyLink's network and CLEC's
network for the purpose of exchanging Exchange Service (EAS/Local traffic), lntraLATA LEC
Toll and Jointly Provided Switched Access traffic. lntercanier traffic exchange will 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 (cX2), 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 information service providers (providers or "lnformation
Services" as that term is defined in 47 U.S.C. S 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 lnterconnection
at any Technically Feasible point within its network, including but not limited to, (i) the Line Side
of a local Switch (i.e., local switching); (ii) the Trunk Side of a local Switch, (iii) the trunk
connection points for a Tandem Switch, (iv) Central Office Cross Connection points, (v) points of
access to Unbundled Network Elements. Section 9 of this Agreement describes lnterconnection
at points (i), (iv), and (v), although some aspects of these lnterconnection points are described
in Section 7. "lnterconnection" 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 lntraLATA LEC Toll traffic at points (ii) and (iii)
described above. lnterconnection, which CenturyLink currently names "Local lnterconnection
Service" (LlS), 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 traffic); or End Office Switches to Access Tandem Switches for
the exchange of IntraLATA LEC Toll or Jointly Provided Switched Access traffic. 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 will provide to CLEC lnterconnection at least equal in quality
to that provided to itself, to any subsidiary, Affiliate, or any other party to which it
provides lnterconnection. Notwithstanding specific language in other sections of this
Agreement, all provisions of this Agreement regarding lnterconnection are subject to this
requirement. CenturyLink will provide lnterconnection under rates, terms and conditions
that are just, reasonable and non-discriminatory. ln addition, CenturyLink shall comply
with all state wholesale and retail service quality requirements.
7.1.2 Methods of lnterconnection
The Parties will negotiate the facilities arrangement used to interconnect their respective
networks. CLEC shall establish at least one (1) physical Point of lnterconnection 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 calling area for which
it wishes to exchange traffic within CenturyLink territory. The Parties shall establish, through
negotiations, at least one (1) of the following lnterconnection arrangements, at any Technically
Feasible point (1) a DS1 or DS3 CenturyLink-provided facility; (2) Collocation; (3) negotiated
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Mid-Span Meet POI facilities; or (4) other Technically Feasible methods of lnterconnection 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. lnterconnection 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 lnterconnection
with Unbundled Network Elements.
7.1.2.2.1 Expanded lnterconnection 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 POl. A Mid-Span Meet POI is a negotiated Point of
lnterface, limited to the lnterconnection of facilities between the CenturyLink Serving
\Mre 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 lnterface and facilities used will be subject to negotiations between the Parties.
Each Party will be responsible for its portion of the build to the Mid-Span Meet POl. The
Mid-Span Meet POI will be used exclusively as an lnterconnection facility and cannot be
used for other purposes such as Unbundled Network Elements or Access Services.
7.1.2.4 lntentionally Left Blank.
7.1.2.5 CenturyLink agrees to provide local lnterconnection trunk diversity to the
same extent it does so in CenturyLink's local network.
Exchange of Traffic7.2
7.2.1
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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
traffic to the other from third parties, each Party shall bill 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 traffic between their respective
networks without the use of third party transit providers,
7.2.1.2 The traffic types to be exchanged under this Agreement include:
7.1.2.2 Collocation. lnterconnection may be accomplished through the
Collocation arrangements offered by CenturyLink. The terms and conditions under
which Collocation will be available are described in Section 8 of this Agreement.
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7.2.1.2.1 EAS/local Exchange Service (EAS/Local) traffic as defined in
this Agreement.
7.2.1.2.2 lntraLATA LEC Toll traffic as defined in this Agreement.
7.2.1.2.3 Jointly Provided Switched Access traffic as described in Section
7.5.1. Jointly Provided Switched Access is associated with Meet-Point Billing.
7.2.1.2.4 For purposes of the Agreement, Transit Service does not
include traffic carried by lnterexchange Carriers. That traffic 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 Billing or trunking requirements includes,
but is not limited to, the following:
a) Directory Assistance;
b) 911tE911;
c) Operator Busy Line Verify/Busy Line Interrupt;
d) Toll Free Services; and
e) ISP-Bound tratfic.
7.2.1.3 Local Vo|P-PSTN Traffic and Toll Vo|P-PSTN Traffic may be exchanged
under this Agreement.
7.2.1.3.1 Switched Access Traffic, including but not limited to lnterLATA
Traffic, other than Toll Vo|P-PSTN Traffic or Jointly Provided Switched Access
Traffic, may not be exchanged under this Agreement. ln the event CLEC routes
lnterl-ATA Traffic to CenturyLink in violation of this section, CenturyLink shall be
entitled to seek injunctive relief and to recover damages, including without
limitation, compensation for such traffic at the rate that is then applicable to such
access traffic.
7.2.2 Terms and Conditions
7.2.2.1 Transport and Termination of Exchange Service (EASlLocal) Traffic
7.2.2.1.1 Exchange Service (EAS/Local) tratfic will be terminated as Local
lnterconnection Service (LlS).
7.2.2.1.2 As negotiated between the Parties, the transport of Exchange
Service (EAS/Local) tratfic may occur in severalways:
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) traffic to be terminated on the
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other Party's network, the ordering Party will provision its own one-way
trunks. The Party ordering one-way trunks will 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
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 traffic to the terminating Party's End
Office Switch or Tandem Switch for call termination. Transport may be
purchased from CenturyLink as Tandem Switch routed (i.e., tandem
switching, and direct trunked transport) or direct routed (i.e., 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 Party utilizes the other Party's Tandem Switch for
the exchange of local traffic, where there is a DS1's worth of traffic (512 CCS)
between the originating Party's End Office 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 will order a direct trunk group to the other Party's End Office
Switch. To the extent that CLEC has established a Collocation arrangement at a
CenturyLink End Office Switch location, and has available capacity, CLEC may,
at its sole option, provide two-way direct trunk facilities from that End Office
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.
7.2.2.1.5 lf 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 lndividual Case Basis.
7.2.2.1.6 Regardless of the number of Location Routing Numbers (LRNs)
used by CLEC in a LATA, CenturyLink will route traffic destined for CLEC's End
User Customers via direct trunking where direct trunking has been established.
ln the event that direct trunking has not been established, such traffic shall be
routed via a CenturyLink Tandem Switch.
7.2.2.2 lntral-ATA LEC Toll Tratfic
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
Intral-ATA LEC Toll traffic to be terminated on the other Party's network, the
ordering Party will provision its own one-way trunks. The Party ordering one-way
trunks will choose the POI location for such one-way trunks. lntraLATA LEC Toll
traffic 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.
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7.2.2.3 Transit Traffic
7.2.2.3.1 CenturyLink will accept traffic originated by CLEC's network
and/or its end user(s) for termination to other Telecommunications Carriefs
network and/or its end users that is connected to CenturyLink's Switch.
CenturyLink will also terminate traffic from these other Telecommunications
Carriers' network andlor its end users to CLEC's network and/or its end users.
For purposes of the Agreement, transit traffic does not include traffic carried by
lnterexchange Carriers. That traffic is defined as Jointly Provided Switched
Access.
7.2.2.3.2 The Parties involved in transporting transit traffic will deliver calls
to each involved network with CCS/SS7 protocol and the appropriate ISUP/TCAP
messages to facilitate full lnteroperability and Billing 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 tratfic exchange agreements with third party
Telecommunications Carriers prior to delivering traffic to be transited to third
party Telecommunications Carriers. ln the event one Party originates traffic that
transits the second Party'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 will 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. ln the case of lntraLATA LEC Toll
traffic where CenturyLink is the designated lntraLATA Toll provider for existing
LECs, CenturyLink will be responsible for payment of appropriate usage rates.
7.2.2.3.4 \l/hen CenturyLink receives an unqueried call from CLEC to a
telephone number that has been ported to another local services provider, the
transit rate will apply in addition to any query rates.
7.2.2.3.5 ln the case of a transit call that terminates in the Local Calling
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. ln the absence of a second agreement, the transit rate in Exhibit A
of this Agreement will be billed to the CLEC.
7.2.2.4 Jointly Provided Switched Access. The Parties will use industry
standards developed and routing based on the LERG to handle the Provisioning and
Billing of Jointly Provided Switched Access (MECAB, MECOD, and the Parties' FCC and
state access Tariffs). Each Party will bill the IXC the appropriate portion of its Switched
Access rates. CenturyLink will also provide the one-time notification to CLEC of the
billing name, billing address and Carrier identification codes of the lXCs subtending any
Access Tandem Switches to which CLEC directly connects. This type of traffic is
discussed separately in this Section.
7.2.2.5 lnterface Code Availability. Supervisory signaling specifications, and the
applicable network channel interface codes for LIS trunks can be found in the
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CenturyLink Technical Publication for Local lnterconnection Service 77398.
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 lntrastate and/or FCC
Access Tariffs or from a third party signaling provider. Each of the Parties,
CenturyLink and CLEC, will provide for lnterconnection 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 DS0-64 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 will provide CLEC with a listing of CenturyLink Switches fully
capable of routing 64CCC traffic through the CenturyLink web site:
http://www.centurylink.com/disclosures. Where available to CenturyLink,
CenturyLink will 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 lnterconnection Service (LlS) minutes
begins when the terminating LIS entry Switch receives answer supervision from the
called End User Custome/s End Office 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 Office Switch, indicating the called End User Customer has
disconnected, or CLEC's Point of lnterconnection, whichever is recognized first by the
entry Switch. This is commonly referred to as "conversation time." The Parties will only
charge for actual minutes of use and/or fractions thereof of completed calls. Minutes of
use are aggregated at the end of the Billing cycle by End Office 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 facilities 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
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the timeframe needed to provide for the requested facilities, including
engineering, ordering, installation and make ready activities, for capacity growth
CenturyLink will utilize CLEC's semi-annual forecasts and near-term demand
submitted on Unforecast Demand Notification Forms to ensure availability of
Switch capacity.
7.2.2.8.4
period.
The forecast will identify trunking requirements for a two (2) year
7.2.2.8.5 Both Parties will 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 Section7.2.2.1.3.
7.2.2.8.6 lntentionally Left Blank
7.2.2.8.7 Joint planning meetings will be used to bring clarity to the
forecasting process. Each Party will 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 lnterconnection requirements. No later than two (2)
weeks prior to the joint planning meetings, the Parties shall exchange information
to facilitate the planning process. CenturyLink shall provide CLEC a report
reflecting then current spare capacity at each CenturyLink Switch that may
impact the lnterconnection traffic. CenturyLink shall also provide a report
reflecting then current blocking of local direct and alternate final trunk groups,
lnterconnection and non-lnterconnection alike. CLEC will be provided
lnterconnection trunk group data on its own trunks. CenturyLink shall also
provide a report reflecting Tandem Switch routed lnterconnection trunking that
has exceeded 512BHCCS. The information is Proprietary, provided under non-
disclosure and is to be used solely for lnterconnection network planning.
7.2.2.8.8 ln 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 ln addition to the above information, the following information
will be available through the Local Exchange Routing Guide. The LERG is
available through Telcordia.
a) CenturyLink Tandem Switches and CenturyLink End Office
Switches;
b) CLLI codes;
c) Switch type.
CenturyLink will notify CLEC of the anticipation of a new local Tandem Switch in
accordance with the FCC rules on network changes.
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7.2.2.8.10 CenturyLink network disclosure of deployment information for
specific technical capabilities (e.9., ISDN deployment, 64 CCC, etc.) shall be
provided o n Centu ryLi n Ks web site, http ://www. centuryl i n k. com/disclosures.
7.2.2.8.11 \Vhen appropriate, CenturyLink will 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
lnformation 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 underutilization 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%o) excess
capacity. Ancillary trunk groups are excluded from this treatment.
7.2.2.8.14 lntentionallyLeftBlank.
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 lnterconnection 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 will not construct the requested facilities, or within ten (10) Daysof notice from CLEC in writing that CenturyLink must either commence
construction of the facilities or initiate such proceeding with the Commission. ln
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. lf the Commission approves such charges,
CenturyLink and CLEC will 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
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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 will provide designed lnterconnection 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
lnterconnection trunk groups and quarterly reports on all interoffice trunk
groups carrying EAS/Local traffic between CenturyLink Tandem Switches
and CenturyLink End Office Switches. The reports will contain busy hour
traffic data, including but not limited to, overflow and the number of trunks
in each trunk group.
7.2.2.9.2 lntentionally Left Blank
7.2.2.9.3 Separate trunk groups may be established based on Billing,
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) 9111E911 trunks;
c) Operator services trunks (where the Switch type requires
separation from Directory Assistance trunks);
d) Mass calling trunks, if applicable
7.2.2.9.3.1 Exchange Service (EAS/Local), ISP-Bound Traffic,
lntralATA 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.
7.2.2.9.4 Trunks will be ordered in increments of DS1 for exchange of
EAS/Local, and lntraLATA Toll/Jointly Provided Switched Access traffic.
Directory Assistance, 9111E911, operator Busy Line lnterrupt and Busy Line
Verify trunks may be ordered in DS0.
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7.2.2.9.5 The Parties will provide Common Channel Signaling (CCS) to
one another in conjunction with all trunk circuits, except as provided below.
a) The Parties will provision all trunking using SS7/CCS
capabilities. Exceptions to this arrangement would be limited to operator
services trunking, Directory Assistance trunking and 911 trunking.
b) \Nhen the Parties interconnect via CCS for Jointly Provided
Switched Access Seryice, the Tandem Switch provider will provide
MF/CCS interworking as required for lnterconnection with lnterexchange
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 Office Switches subtending a
CenturyLink local Tandem Switch, CLEC will order a direct trunk group to the
CenturyLink local Tandem Switch.
7.2.2.9.6.1 CenturyLink will allow lnterconnection for the
exchange of local traffic at CenturyLink's Access Tandem Switch without
requiring lnterconnection at the local Tandem Switch, at least in those
circumstances when traffic 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 Office Switch
to deliver limited Tandem Switch functionality to itself, a wireless service
provider, another CLEC, or another ILEC, it will arrange the same trunking for
CLEC.
7.2.2.9.8 Alternate Traffic Routing. lf CLEC has a LIS arrangement which
provides two (2) paths to a CenturyLink End Otfice Switch (one (1) route via a
Tandem Switch and one (1) direct route), CLEC may elect to utilize alternate
traffic routing. CLEC traffic will be otfered 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 Office Switches.
7.2.2.9.9 Host-Remote. When a CenturyLink Wire Center is served by a
Remote Switch, CLEC may deliver traffic to the host Central Office or to the
Tandem Switch. CLEC may not directly trunk to a Remote 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
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7.2.21A.2.1 LIS Acceptance Testing is provided where
equipment is available, with the following test lines: seven-digit access to
balance (100 type), milliwatt (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 ln addition to LIS acceptance testing, other tests are
available (e.9., 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 of a 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. \I/here 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 lntercarrierCompensation
7.3.1 lnterconnection Facility Options
7.3.1.1.1 Recurring and nonrecurring rates for LIS Entrance Facilities are
specified in Exhibit A and will apply for those DS1 or DS3 facilities dedicated to
use as LlS.
7.3.1.1.2 lf 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 lf the Parties elect to establish LIS two-way trunks, for reciprocal
exchange of Exchange Service (EAS/Local) traffic, 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:
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The lntercarrier Compensation provisions of this Agreement shall apply to the exchange of
Exchange Service (EAS/Local) traffic between CLEC's network and CenturyLink's network.
\y'/here either Party acts as an lntraLATA Toll provider, each Party shall bill the other the
appropriate charges pursuant to its respective tariff or price lists. Where either Party
interconnects and delivers traffic to the other from third parties, each Party shall bill such third
parties the appropriate charges pursuant to its respective tariffs, price lists or contractual
offerings for such third party terminations. Absent a separately negotiated agreement to the
contrary, the Parties will directly exchange traffic between their respective networks without the
use of third party transit providers.
7.3.1.1 LIS Entrance Facilities
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7.3.1.2.1 See Section 8.
7.3.2 Direct Trunked Transport
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7.3.1.1.3.1 The provider of the LIS two-way Entrance Facility
(EF) will 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 tratfic 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 will continue for
both bill reduction and payments until the Parties agree to a new factor,
based upon actual minutes of use data for non-lSP-Bound tratfic 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. lf either Party demonstrates with traffic 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 Party. The
new factor will be calculated based upon Exhibit H. Once the Parties
finalize a new factor, bill reductions and payments will apply going
forward from the date the original notice was sent. ISP-Bound traffic or
traffic delivered to Enhanced Service providers is interstate in nature.
7.3.2.1 Either Party may elect to purchase direct trunked transport from the other
Party.
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) traffic, or to an Access Tandem Switch for
lntral-ATA LEC Toll, or Jointly Provided Switched Access traffic, the applicable
DTT rate elements apply between the Serving Wire Center and the Tandem
Switch. An additional rate element for delivery of traffic to the terminating End
Office Switch is tandem switching. 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 localiAccess 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 lf 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
facilities shall be shared among the Parties by reducing the LIS two-way DTT rate
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element charges as follows:
7.3.2.2.1 The provider of the LIS two-way DTT facility will initially share
the cost of the LIS two-way DTT facility by assuming an initial relative use factor
of fifty percent (50o/o) 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 will be according to this initial
relative use factor for a minimum of one (1) quarter. The initial relative use factor
will continue for both bill reduction and payments until the Parties agree to a new
factor, based upon actual minutes of use data for non-lSP-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. lf either Party demonstrates with traffic 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 Parly. The new factor will be calculated based upon Exhibit
H. Once the Parties finalize a new factor, bill 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 (DS1/DS3 MUX or DSO/DS1 MUX) are available at
the rates specified in Exhibit A.
7.3.3 Trunk Nonrecurring charges
7.3.3.1 lnstallation nonrecurring charges may be assessed by the provider for
each LIS trunk ordered. CenturyLink rates are specified in Exhibit A.
7.3.3.2 Nonrecurring charges for rearrangement may be assessed by the
provider for each LIS trunk rearrangement ordered, at one-half (112) the rates
specified in Exhibit A.
7.3.4 Exchange Service (EAS/Local) Traffic
7.3.4.1 End Otfice Switch Call Termination
7.3.4.1.1 End office call terminating compensation will be on a bill and
keep basis, with no compensation exchanged between the Parties.
7.3.4.1.2 For purposes of call termination, CLEC Switch(es) shall be
treated as End Office 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 lntentionally Left Blank.
7.3.4.1.4 Neither Party shall be responsible to the other for call
termination charges associated with third party traffic that transits such Party's
network.
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7.3.4.2 Tandem Switched Transport
7.3.4.2.1 For traffic delivered through a CenturyLink or CLEC Tandem
Switch, the tandem switching rate in Exhibit A shall apply per minute.
7.3.4.2.2 lntentionally Left Blank
7.3.4.2.3 lntentionally Left Blank
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 will apply for the FCC
approved default query per Section 10.
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.
7.3.4.3 lntentionally Left Blank.
7.3.4.4 lntentionally Left Blank
7.3.4.5 The Parties will not pay terminating compensation on traffic, including
ISP-Bound traffic, when the traffic does not originate and terminate within the same
CenturyLink Local Calling Area, regardless of the calling 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 traffic 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 Taritf, 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 nonrecuning 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
lnterval Guide (SlG) or lndividual Case Basis (lCB) 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.
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7.3.5.2.1 CLEC will 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 will 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.
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 Traffic
7.3.6.1 ISP-Bound terminating compensation will be on a bill and keep basis, with
no compensation exchanged between the Parties.
7.3.6.2 lntentionally Left Blank
7.3.6.3 lntentionally 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 Traffic
7.3.7.1 Transit Traffic will be charged on a per minute of use rate to the
originating Party for any traffic terminating to any entity other than a CenturyLink affiliate
operating as an lncumbent Local Exchange Carrier, as contained in Exhibit A.
7.3.8 Signaling Parameters: CenturyLink and CLEC are required to provide each other
the proper signaling information (e.9., originating Calling Party Number (CPN), Charge Number
(ChN) and called party number) as required by Applicable Law and further clarified by the FCC
Order to enable each Party to issue bills in a complete and timely fashion. All CCS signaling
parameters will be provided unchanged including CPN, calling party category, ChN and
Originating Line lnformation Parameter (OLIP) on all calls. All privacy indicators will be
honored. The ChN is to be passed unaltered in SS7 signaling fields where it is different than
CPN; ChN must not be populated with a number associated with an intermediate switch,
platform, or gateway, or other number that designates anything other than a calling party's
charge number; and if MF signaling is used by the CLEC then the ChN must be included in the
ANI field if different from the CPN. Where SS7 connections exist, each Party shall pass all CCS
signaling parameters, where available, on each call carried over lnterconnection trunks. lf either
Party fails to provide valid originating information such traffic will be billed as lntrastate Switched
Access when the calls traverse an interconnection trunk. The Parties will coordinate and
exchange data as necessary to determine the cause of the CPN/ChN failure and to assist its
correction.
7.3.9 VolP-PSTN Traffic
7.3.9.1 LocalVo|P-PSTN Traffic
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7.3.9.1.1 CLEC and CenturyLink will exchange Local Vo|P-PSTN Traffic on
the same basis and at the same rates as Exchange Service (EAS/Local) Traffic
and such Local Vo|P-PSTN Traffic will be identified as such by using the
originating and terminating call detail information of each call unless the Parties
specifically agree otherwise. This call jurisdiction method described herein is
intended by the Parties as a proxy to determine the jurisdiction of a call, i.e. the
actual geographic end points of the call, and the Parties acknowledge that there
may be some circumstances where the actual geographic end points of a
particular call may be difficult or impossible to determine. At any time during the
term of this Agreement, CLEC and CenturyLink may agree on alternate methods
to establish calljurisdiction based on regulatory or technological evolution. The
Parties agree that it is in the best interest of both Parties to work together in an
effort to continue to improve the accuracy of jurisdictional data and such efforts
shall not be reasonably withheld by either Party.
TollVolP-PSTN Traffic
7.3.9.2.1 CLEC and CenturyLink will exchange Toll Vo|P-PSTN Traffic at
rates identified in each Party's appropriate access tariff. Such Toll VolP-PSTN
Traffic will be identifled as lnterl-ATA Traffic or lntraLATA Toll Traffic by using the
originating and terminating call detail information of each call unless the Parties
specifically agree otherwise. This call jurisdiction method described herein is
intended by the Parties as a proxy to determine the jurisdiction of a call, i.e. the
actual geographic end points of the call, and the Parties acknowledge that there
may be some circumstances where the actual geographic end points of a
particular call may be difficult or impossible to determine. At any time during the
term of this Agreement, CLEC and CenturyLink may agree on alternate methods
to establish calljurisdiction based on regulatory or technological evolution. The
Parties agree that it is in the best interest of both Parties to work together in an
effort to continue to improve the accuracy of jurisdictional data and such efforts
shall not be unreasonably withheld by either Party.
7.3.9.2.1.1 lnterLATA Traffic which is Toll Vo|P-PSTN Traffic will be
exchanged at each Party's interstate access tariff rates. Any Transit
Traffic which is both interLATA and Toll VolP-PSTN will be exchanged at
each Party's interstate switched access service rates. lnterLATA Traffic
which is notTollVo|P-PSTN Traffic shall be subject 1o7.2.1.3.1.
7.3.9.2.1.2 lntral-ATA Toll Traffic which is Toll VolP-PSTN Traffic will
continue to be exchanged at each Party's intrastate access tariff rates.
7.3.9.2.1.3 The portion of LIS facilities used for Toll Vo|P-PSTN
Traffic will be billed at CenturyLink's interstate access tariff rates after the
application of Relative Use Factor. CenturyLink will use the Local
lnterconnection Service Facilities Percent VolP Usage (LlS-Facility-PVU)
factor in Exhibit A to determine the portion of Entrance Facility, Direct
Trunk Transport, and MUX that shall be deemed the portion of the facility
used to carry Toll Vo|P-PSTN Traffic.
7 .3.9.2.1.3.1 The LIS-Facility-PVU factor shall be the
percentage of the total traffic CLEC routes to CenturyLink for
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termination which is Toll VolP-PSTN Traffic. The LIS-Facility-PVU
factor shall be based on information such as the number of the
CLEC's retail VolP subscriptions in the state (e.9. as reported on
FCC Form 477),traftic studies, actual call detail, or other relevant
and verifiable information which the parties will exchange.
7.3.9.2.1.4 Any factors established by the Parties for the previous
sections of 7.3.9.2 shall be based on the particular characteristics of the
traffic exchanged within the State between CLEC and CenturyLink and
shall not be subject to adoption by anyone not a Party to this Agreement,
or apply to any other service areas.
7.4 Ordering
7.4.1 When ordering LlS, the ordering Party shall specify requirements on the Access
Service Request (ASR): 1) the type and number of lnterconnection facilities to terminate at the
Point of lnterconnection in the Serving Wire Center; 2) the type of interoffice transport, (i.e.,
direct trunked transport or tandem switched transport); 3) the number of Ports to be provisioned
at an End Office 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 will work cooperatively in determining an acceptable configuration,
based on available facilities, equipment and routing plans.
7.4.2 For each NXX Code assigned to CLEC by the NANPA, CLEC will provide
CenturyLink with the CLLI codes of the CenturyLink Tandem Switches and CLEC's Point of
lnterface to which traffic associated with the NXX will be routed. For NXX Codes assigned to
existing LIS trunk groups, CLEC will also provide CenturyLink with the CenturyLink assigned
two-six code (TGSN) to which each N)(X will be routed. lnformation 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.//www.centurvlink.com/wholesale/notices/npa nxxProcess. htm
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 will order the appropriate DSI 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 Facility or private line facility, that Party will be responsible for
identification of the DSO channels of the DSI private line to be used to provide CFA.
7.4.4 A joint planning meeting will precede initial trunking orders. These meetings will
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 will provide
their best estimate of the traffic distribution to each End Office Switch subtending the Tandem
Switch.
7.4.5 lf 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 andlot 7.2.2.9.6, CenturyLink and
CLEC will work together to review CLEC's network configuration in order to ensure correct and
complete ASR ordering.
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7.4.6 Service intervals and Due Dates for initial establishment of trunking
arrangements at each new Switch location of lnterconnection between the Parties will be
determined on an lndividual Case Basis.
7.4.7 CenturyLink will establish intervals for the provision of LIS trunks that conform to
the performance objectives set forth in Section 20. CenturyLink will 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. lf 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 will 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) Billing for the service will commence.
ln such instances, the cancellation date or the date Billing is to commence, depending on which
option is selected, will be the 31d 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 Canier 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 will cooperatively determine the Jointly Provided Switched Access
arrangements in which all parties concur.
7.5.2 CenturyLink will agree to function as the Access Service Coordinator (ASC) as
defined in the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD).
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
lXCs. CenturyLink will be unable to fulfill the role of ASC if CLEC does not fully comply with
MECOD requirements, including filing CLEC's End Office Switches and billed percentages
(BPs) in the NECA 4Taritf .
7.5.3 The ATIS Network lnterconnection lnteroperability Forum (NllF) 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
lndustrv for Chanoes in Access Network Architecture.
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7.5.4 CenturyLink and CLEC will each render a separate bill to the lXC, using the
multiple bill, single tariff option.
7.5.5 A charge will 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 bill the lnterexchange 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 cunently or in the future. The
Parties understand that this information is Carrier protected information under Section 222 ot
the Telecommunications Act and shall be used solely for the purposes of Billing the wireline
LEC. CLEC will 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 will 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 will 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 will 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 bill 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 lnterconnection Data Exchange for Billing
7.7.1 There are certain types of calls or types of lnterconnection that require exchange
of Billing records between the Parties, including, for example, alternate billed 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 will be handled via the Parties'
respective operator service platforms. The Parties agree to utilize, where possible and
appropriate, existing accounting and settlement systems to bill, exchange records and settle
revenue.
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7.7.2 The exchange of Billing records for alternate billed calls (e.9., calling card, bill-to-
third-number and collect) will be distributed through the existing CMDS processes, unless
otherwise separately agreed to by the Parties.
7.7.3 lnter-Company Settlements (lCS) revenues will be settled through the Calling
Card and Third Number Settlement System (CATS). Each Party will 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-lCS revenue is defined as lntraLqTA collect calls, calling card calls, and
billed to third number calls which originate on one (1) service provideds network and are billed
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-lCS revenue.
This separate arrangement is necessary since existing CATS processes do not permit the use
of CATS for non-lCS revenue. The Parties agree that current message distribution processes,
including the CMDS system or CenturyLink in-region facilities, can be used to transport the call
records for this traffic.
7.7.5 Both Parties will provide the appropriate call records to the lntraLATA Toll Free
Service provider, thus permifting the service provider to bill its End User Customers for the
inbound Toll Free Service. No adjustments to bills via tapes, disks or Network Data Mover
(NDM) will be made without the mutual agreement of the Parties.
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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), ancillary seryices or lnterconnection. 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 lnterconnection Distribution Frames (ICDF) for the
purpose of accessing and combining Unbundled Network Elements and accessing ancillary
services. There are currently nine (9) standard types of Collocation available pursuant to this
Agreement Virtual, Caged Physical, Shared Caged Physical, Cageless Physical,
lnterconnection 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. ln Wire Centers, space will be made available in single frame
bay increments. ln Wire Centers, the current minimum square footage is nine (9) square
feet per bay, however, if smaller bays are or become available, CenturyLink will reduce
the minimum square footage accordingly. Space will be provided utilizing 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 lnterconnection Agreement, and another
CLEC, pursuant to the terms of its lnterconnection 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 will look to each collocating CLEC for payment of its proportionate share of the
charges relating to the Collocation space. CenturyLink will 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 billed 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. ln addition, if
two (2) or more CLECs who have lnterconnection 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 lnterconnection Distribution Frame (ICDF) Collocation - is offered for the
purpose of facilitating CLEC's combining of Unbundled Network Elements, Finished
Services, including Local lnterconnection Trunks, and ancillary services. Under ICDF
Collocation, CLEC need not collocate equipment in the CenturyLink Wire Center. With
ICDF Collocation, CLEC will 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.9., 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. lf
CLEC desires a dedicated distribution frame for the purpose of facilitating
CLEC's combination of UNEs and ancillary 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 party.
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 will 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 forth
more fully in Section 8.2.7 and 8.4.6.
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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 lndividual Case Basis (lCB) and
consists of the costs to establish or augment the FCP or MTE. lf 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), ancillary services and
Finished Services within a CenturyLink Wire Center via an Entrance Facility without
collocating physical equipment in the Wire Center. FC Collocation is provided on a
termination block or termination panel within the designated \Mre Center and is
engineered, provisioned, maintained, and repaired by CenturyLink.
8.2
8.2.1
Terms and Conditions
Terms and Conditions - Al! Collocation
8.2.1.1 CenturyLink shall provide Collocation on rates, terms and conditions that
are just, reasonable and nondiscriminatory. ln addition, CenturyLink shall provide
Collocation in accordance with all applicable federal and state laws.
8.2.1.1.1 ln 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 will not combine or
Commingle services or Network Elements that are offered by CenturyLink
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.
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 lnterconnection 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 lnterconnection or access to Unbundled
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Network Elements for purposes of providing Advanced Services such as xDSL.
Equipment used predominantly to support DSI-AMs 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 will be used for lnterconnection or access to
Unbundled Network Elements. Once CLEC establishes that it will use a certain
type of equipment for lnterconnection or access to Unbundled Network Elements,
CenturyLink will 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 lnterconnection or access to
Unbundled Network Elements. However, CenturyLink will 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 lnterconnection 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
lnterconnection or access to Unbundled Network Elements.
8.2.1.3 CLEC must identify what transmission and Cross Connection equipment
will 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
ancillary services. The Demarcation Point for Unbundled Network Elements and
ancillary services is that physical point where CenturyLink shall terminate its Unbundled
Network Elements and ancillary 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 lnterconnection
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 ancillary services and a Demarcation Point. Such connection is an
lnterconnection Tie Pair (lTP). 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 lnterconnection
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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 .1 1 .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 will 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 will 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 will
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 Affiliates and
reservations of space by all CLECS.
8.2.1.9.1 A Space Availability Report Charge in Exhibit A will apply to
each Space Availability Report requested by CLEC and shall apply on per
Premises basis.
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8.2.1.9.2 lnventory Report - Remote Premises. The locations of the
Remote Premises (e.9., Feeder Distribution lnterfaces, "FDl") 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 will be provided on the web site in the ICONN database.
(ICONN is available through the CenturyLink web site located at
http://www.centurylink,com/iconn.) lf CLEC is unable to determine the
information it seeks regarding the Remote Premises after using such database
tools, CenturyLink will 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 will 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 sufficient space in a CenturyLink
Premises for placement of CLEC's equipment. lf 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 will be offered to
CLEC for Caged Physical Collocation. Alternatively, CLEC will be offered Cageless
Physical Collocation (single frame bay increments), or Virtual Collocation as an
alternative to Caged Physical Collocation. ln the event the original Collocation request is
not available due to lack of sufficient space, and CLEC did not specify an alternative
form of Collocation on the original order form, CLEC will be required to submit a new
order for CLEC's preferred alternative Collocation arrangement. lf CLEC identifies
alternate choices for Collocation on its original Collocation request, CenturyLink will
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 facilities 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 will 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 will be maintained for each Premises. When space becomes available in
a Premises in which a queue has developed, CenturyLink will inform CLECs in
the queue that space for Collocation has become available. lf there is insufficient
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. lf 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. lf 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 lf 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. lf, 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. ln 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 will maintain a publicly available document, posted for
viewing on the Internet, (www.centurylinkcom/wholesale/notices/collo/spaceAvail.html),
indicating all Premises that are full, and will update this document within ten (10) Days of
the date at which a Premises runs out of physical space and will update the document
within ten (10) Days of the date that space becomes available. ln addition, the publicly
available document shall include, based on information CenturyLink develops through
the Space Availability 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 will 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 will list and update within the
ten (10) Day period, all Wire Centers that are full, whether or not there has been a
Space Availability 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 lf 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 lf CLEC issues a Collocation Application and
unused, obsolete equipment must be removed to provide the requested
Collocation, CenturyLink will affirmatively 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. lf
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.
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
will provide acknowledgment of acceptance or rejection of the Collocation
Cancellation Application within one (1) business day of receipt. CenturyLink will
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-Io-CLEC connection arrangement with the
same BAN as the Collocation job to be canceled, the associated Common Area
Splitter Collocation and direct CLEC-to-CLEC connection will also be cancelled.
8.2.1.15.3 CenturyLink will 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 will be issued within thirty (30) Days
of CenturyLink's acceptance of the Collocation Cancellation Application.
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8.2.1.15.4 Additional Labor - Other. This charge is for additional labor not
included in the 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 ln 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://www.centurvlink.com/wholesalelpcaUcollocation. html.
8.2.1.18 CenturyLink will review the security requirements, issue keys, lD 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 will 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 will, at CLEC's request,
vigorously and thoroughly investigate the situation. CLEC shall cooperate in the
investigation as requested by CenturyLink. CenturyLink will 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 to CLEC's space, or to the nearest restroom facility from CLEC's
designated space, and such direct access will 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 (i.e., Virtual, Caged, Shared and Cageless 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 Responsibility. 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 refersto
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). lf CLEC has not disconnected all services, all
charges with respect to the Collocation site will continue to accrue and
the Collocation Decommission Application will be rejected.
8.2.1.22.1.2.1 Prior to disconnecting its services, including
direct CLEC-Io-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-Io-CLEC connection
arrangements, CLEC should submit a letter of authorization (LOA)
signed by both CLECs involved in the direct CLEC-Io-CLEC
connection arrangement. Failure to include such email notification
or LOA will 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-Io-CLEC
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cables), termination blocks and cage materials. lf CLEC does not remove
its equipment within thirty (30) Days of CenturyLink's acceptance of the
Collocation Decommission Application, CenturyLink will send a
notification stating the equipment is considered abandoned. Upon
receiving notification of abandonment from CenturyLink, CLEC will have
fifteen (15) Days to notify CenturyLink that the equipment is not
abandoned and remove its equipment. lf CLEC does not respond to the
notification and remove the equipment and CenturyLink determines that
the equipment has been abandoned, CenturyLink will send a final
notification and bill 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 will hold CenturyLink harmless from the failure
to return any such equipment, property or other items.
8.2.1.22.1.4 CenturyLink will remove all Collocation entrance
facilities. For shared Collocation entrance facilities, CenturyLink will cut
all fiber and/or copper Collocation entrance facilities at the splice point in
the Collocation Point of lnterconnection (C-POl). For express Collocation
entrance facilities, CenturyLink will remove and dispose of the Collocation
entrance fiber.
8.2.1.22.1.5 For Virtual Collocation, CenturyLink will
automatically remove all equipment within ninety (90) Days. CenturyLink
will negotiate with CLEC to schedule the pick up of the equipment. There
will be no charge for the removal of CLEC's Virtual Collocation
equipment.
8.2.1.22.1.6 For Collocations with direct CLEC-Io-CLEC
connection arrangements, CLEC is required to disconnect and remove
the direct CLEC-Io-CLEC connections. CenturyLink prefers that CLEC
disconnect and remove the direct CLEC-Io-CLEC connection cables prior
to submitting the Collocation Decommission Application. lf CLEC is not
able to disconnect and remove the cables prior to submitting the
Collocation Decommission Application, CLEC will be allowed thirty (30)
Days from CenturyLinks acceptance date of the Collocation
Decommission Application to disconnect and remove the direct CLEC-to
CLEC connection cables. lf CLEC has not removed the direct CLECto-
CLEC connections, it will be treated as abandoned equipment.
8.2.1.22.1.7 CLEC will 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 fumished 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: DSO, DS1, and DS3 termination cabling, and fiber
terminations, excluding Collocation entrance facility cabling.
These elements will 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.9., cage, bays,
HVAC, cable racking). These elements will be eligible for a refund
for up to three (3) years after the date of decommissioning.
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 will 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 will notify CLEC within one
(1) business day if the prerequisites have been met. CenturyLink will
validate 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 Billing - CenturyLink will 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 Offices 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 Responsibility is available for Caged Physical Collocation, Cageless
Physical Collocation, and Virtual Collocation. All other types of Collocation to be
transfened will be handled on an lndividual Case Basis (lCB). 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.9.,
lnterconnection trunks or UNE Loops) or 2) Collocation Transfer of Responsibility
With Working Circuits - The Collocation has active service terminations, such as
lnterconnection 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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subject to any queue for available space. ln addition, regardless of any
space requests that may be pending in a CenturyLink Premises,
Collocation Transfer of Responsibility shall be available when vacating
CLEC and assuming CLEC are affiliated corporate entities prior to or
immediately after the proposed transfer, or the transfer is due to a
bankruptcy court order. lf 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
lnterconnection 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
lnterconnection Agreement with CenturyLink prior to submitting a
Collocation Transfer of Responsibility request. Assuming CLEC will need
to amend any previously existing lnterconnection Agreement prior to
submitting a Collocation Transfer of Responsibility request if its
lnterconnection Agreement does not contain the terms and conditions
and rate elements for all services that will be transfened.
8.2.1.22.2.4 A request for Collocation Transfer of Responsibility
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 transfened is identified by
vacating CLEC's eleven (11) character CLLITM code. The Collocation site
will be transferred "as is" and in its entirety. This includes, but is not
limited to, Collocation entrance facilities from the Collocation - Point of
lnterface (C-POl) manhole, cables, Splitters, and working circuits, if
applicable. lf the Collocation site has a Common Area Splitter Collocation
associated with it, the Common Area Splitter Collocation will be
transfened as part of the Collocation Transfer of Responsibility.
8.2.1.22.2.6 The transfer of equipment between vacating CLEC
and assuming CLEC will 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'
lnterconnection Agreements. The negotiation of the transfer terms and
conditions between vacating CLEC and assuming CLEC is the
responsibility of those two parties. CenturyLink will not participate in
these negotiations. CenturyLink will only manage the database and
records transfer.
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. lf 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.
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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, billing and contact information,
and contract number. The Collocation eleven (11) character CLEC
CLLITM code will remain the same.
8.2.1.22.2.8 Submission of new connect, change, and disconnect
orders will be restricted from quotation Acceptance until the transfer of the
working circuits is complete. lf new connect, change, and disconnect
orders need to be submitted between quotation Acceptance and the
completion of the transfer, they will be handled on an ICB and may affect
the Ready for Service (RFS) date. Submission of Collocation augment
orders will 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 woking circuits, if applicable, must either be completed or
cancelled by vacating CLEC prior to the quotation Acceptance.
8.2.1.22.2.10 lf vacating CLEC does not lease another Physical
Collocation site at the specified Central Office at the time of the
Collocation Transfer of Responsibility request, then vacating CLEC must
relinquish security access 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 thirty (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 CLLITM 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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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 facilities 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 lf 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 Responsibility
Application, signed by both CLECs in the direct CLEC-Io-CLEC
arrangement authorizing the transfer of the direct CLEC-Io-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 will 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 Responsibility and has received the preliminary
APOT information from CenturyLink. Orders to transfer Local
lnterconnection Service (LlS) trunks and ancillary services (e.9., SS7,
911, operator services) with no translation activity, as well as private line
and Access Services circuits, will 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, and 911 changes, if
applicable. Any SS7 changes will 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 Billing. Vacating CLEC will 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 will begin Billing assuming CLEC
for all recurring charges based on assuming CLEC's lnterconnection
Agreement and cease Billing vacating CLEC.
8.2.1.22.3 Abandoned Equipment. lf 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.
lf 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. lf, 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. lf 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. lf 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 property 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 property 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 will
be over existing cable racking, to the extent Technically Feasible, but to determine the
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most etficient 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 connecting 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 Affiliate of CLEC, to any End User Custome/s
premises, and may interconnect CLEC's own collocated space and/or equipment (e.9.,
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-Io-CLEC Cross Connections at an ICDF are available, as follows:
8.2.1.23.1.1 CLEC-Io-CLEC Cross Connection (COCC-X) is
defined as CLEC's capability 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 lnterconnection 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 lf 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 Customer's needs. This is accomplished by
CLEC using the Design Layout Record (DLR) for the service connection.
8.2.1.23.1.5 lf 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-Io-CLEC
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8.2.1.23.1 CLEC-Io-CLEC Cross Connections at the ICDF.
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Cross Connections (COCC-X) are: Access Service Request (ASR),
SpecialAccess (SPE) and Additional Circuit lnformation (ACl).
8.2.1.24 CenturyLink will 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
will share the same distributing frames for similar types and speeds of equipment, where
Technically Feasible and space permitting.
8.2.1.25 CLEC terminations will be placed on the appropriate CenturyLink Cross
Connection frames using standard engineering principles. CLEC terminations will share
frame space with CenturyLink terminations on CenturyLink frames without a requirement
for an intermediate device.
8.2.1.26 lf 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 COSMICTU frame.
8.2.1.27 Conversions of the various Collocation arrangements (e.9., Virtual to
Physical) will be considered on an lndividual Case Basis. CLEC must pay all associated
conversion charges.
8.2.1.28 CenturyLink shall 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 will 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 will 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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8.2.1.30 Optional DC Power Measurement. CLEC will order DC power to meet its
needs with a twenty (20) amperes (amp) per feed minimum. lf CLEC orders more than
sixty (60) amps, CenturyLink typically terminates such feed on a power board. lf 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 will also take a reading within thirty (30) Days of a
written request by CLEC. CenturyLink will 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 will bill
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 lnterconnection 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 to [e-mail].
Upon receipt of request CenturyLink and CLEC will 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 will 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.
lf CLEC wants additional terminations tested that are not identified on its initial
application, CLEC will need to complete a new Joint Testing Application.
8.2.1.31.2 Each Party will provide appropriate test equipment for its
technicians. CenturyLink will assist CLEC in conducting continuity tests on
terminations at the ICDF. CenturyLink will not operate CLEC test equipment. lf
errors are found during the Joint Testing, CenturyLink will only repair CenturyLink
network faults. CLEC is responsible for replacement or repair of CLEC-provided
facilities.
8.2.1.31.3 lf during the scheduled Joint Testing, the CenturyLink-caused
error rate is more than two percent (2o/o) on the terminations identified for testing,
CenturyLink will not charge for this Joint Testing. lf there are less than two
percent (2%) errors found or if the errors found are facility errors on CLEC
provided facilities, CenturyLink will charge for the Joint Testing. One (1) pair is
counted as two (2) terminations and errors are counted on a one (1) termination
basis. lf 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) vvhen reducing a secondary
power feed to zero. CLEC will 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
Reductlon 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.9., 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, Facility 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 will notify CLEC of any deficiencies in the Collocation Application,
within ten (10) Days of receipt. A quotation for the DC Power
Reduction/Restoration/Deactivation will be provided to CLEC within twenty-five
(25) Days. The quoted nonrecurring charges will be honored for thirty (30) Days
from the quotation. CLEC payment of all quoted nonrecurring charges
constitutes acceptance and CenturyLink will then perform the work. lf 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.
lf 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 responsibility 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.
Billing to CLEC will be revised to reflect the reduced/restorecUeliminated 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 lf a shortage of fuse positions is imminent, Centurylink will 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
receipt of such notification, CLEC must request restoration of the secondary
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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 lnventory. Collocation Available lnventory 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:
htto://www. centurvlink. com/wholesale/collocation space.html. CLEC must either have
an approved lnterconnection Agreement or is currently negotiating with CenturyLink to
have an interim lnterconnection Agreement with the specific type of Collocation to be
obtained. lf the lnterconnection 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 will 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 will be offered in the CenturyLink Postings and will be available under the
terms and conditions set forth in the lnterconnection 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 will be charged for the removal of such
cable terminations.
8.2.1.33.3 All services that were previously connected to the Collocation
(e.9., UNEs, CLEC to CLEC, administrative lines, Finished Services, and Line
Splitting) 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 (i.e.,
"Special Sites"). These Collocation sites will not be decommissioned and will be
posted as unverified sites with equipment which may include electronic
equipment, racks, cages, DC power, grounding and terminations. lt is expressly
understood and agreed that CenturyLink is selling 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
representations of any kind, express or implied. CLEC is responsible for all
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software 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. S 2601 et seq.); the Resource Conservation and Recovery
Act (RCRA) (42 U.S,C. S 6901 et seq.); Hazardous Materials Transportation Act
(HMTA) (49 U.S.C. S 1801 et seq.); Occupational Safety and Health Act (OSHA)
(29 U.S.C. S 651 et seq.); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCIA)(42 U.S.C. S 9601 et seq.); and any
successor acts thereto or the regulations promulgated thereunder and any
applicable lnternational 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 will submit a Collocation Application indicating a specific
Collocation site from the Collocation Available lnventory. CenturyLink will follow
the standard Collocation provisioning intervals for the type of Collocation as
included in CLEC's lnterconnection 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 ditferences between the CenturyLink
Posting and actual inventory will 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
will be on a site specific basis, according to assuming CLEC's lnterconnection
Agreement and its requested work in the Collocation Application. Assuming
CLEC will receive a fifty 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 lf CLEC elects to have Splitters installed in CenturyLink Wire
Centers via the standard Collocation arrangements, CLEC will 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
invoice costs, including but not limited to taxes, shipping and handling. The
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Splitters must meet the requirements for Central Office equipment Collocation set
by the FCC. CLEC will 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.
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 will 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 will apply pursuant to Exhibit A of the Agreement.
8.2.1.34.4 Two (2) lTPs and two (2) tie cables will be needed to connect
Splitters to the CenturyLink network. One (1) ITP will carry both voice and data
traffic from the COSMICTM/MDF Loop termination, to an appropriate ICDF. From
this frame, one (1) tie cable will carry both voice and data traffic to the Splitter
located in CLEC's Collocation area. The voice and data traffic will be separated
at the Splitter. The data traffic will be routed to CLEC's network within its
Collocation area. The voice traffic will be routed to the COSMICTM/MDF Switch
termination, via the ICDF, using a second tie cable and a second lTP.
8.2.1.34.5 lnterconnection 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. ln this instance, one (1)
ITP canies 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 will carry the voice/data from the ICDF to the CLEC
provided Splitter, and the second pair will carry the voice-only signal from
the CLEC provided Splitter to the ICDF.
8.2.1.34.5.2 CLEC may elect to use direct connections between the
ClEC-provided Splitter and the COSMICTM/MDF. ln this instance,
CenturyLink will provide one (1) tie cable between each module of the
COSMICTM/MDF and the ClEC-provided Splitter. One (1) pair in the tie
cable will 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 will carry the voice-only signal fromthe CLEC-provided Splitter to the Switch termination on the
COSMICTM/MDF. These tie cables will be dedicated to CLEC's use, and,
as a result, the full cost of the necessary Mechanized Engineering and
Layout for Distributing Frame (MELDTM) run, cable placement, and cable
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termination, and associated COSMICTM/MDF hardware to terminate a tie
cable on each outside plant and Switch equipment module of the
COSMICTM/MDF will 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 lnventory Visit. Collocation Joint lnventory Visit allows
CLEC to request a comprehensive visit with CenturyLink at an existing Central Office
Collocation site. The purpose of this Joint lnventory Visit is to review space, power,
terminations, synchronization, administrative lines, virtual equipment, common area
splitter, AC outlets, and to verify billable rate elements versus actual billing.
8.2.1.35.1 There will be no time allocated during the visit for testing or
repairing items identified. The Joint lnventory Visit Process excludes physical
review of the Entrance Facility POI location. lnventory will be documented and
any deviations identified on a "Collocation-Joint lnventory Visit Form." This form
will become the basis for a follow-up corrective action plan based on mutual
agreement. A copy will be provided to CLEC prior to the wrap-up conference
call.
8.2.1.35.2 Joint lnventory Visit is available for any Central Office premise
type of Collocation.
8.2.1.35.3 Joint lnventory Visit quotation will be communicated from the
CenturyLink Project Manager via email to CLEC and followed by an invoice
requiring lOOo/o payment. Quotations are sustainable upon receipt, since the
shortened timeframe requires immediate processing by CenturyLink.
8.2.1.35.4 The visits will 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 will be a
knowledgeable management employee. The CenturyLink representative will be
identified by Project Manager.
8.2.1.35.6 The overall process for a Collocation Joint lnventory Visit will be
sixty (60) Days from receipt of a valid and complete application to completion of
the Joint lnventory Visit, subject to scheduling availability of both CenturyLink
and the CLEC.
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8.2.1.35.7 A maximum of two scheduling visits will 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 lnventory Visit time or failure to
conduct the visit by CLEC will result in CLEC being billed and no deliverables
received.
8.2.1.35.8 CLEC must submit a "Joint lnventory Visit Application" to order a
Collocation Joint lnventory Visit. The Joint lnventory Visit Application is availableat: http ://www. centurvl i nk. com/wholesale/pcaVcollocation. htm l#im o.
8.2.1,35.9 Each site requested will require a separate application form. This
is defined as each eleven digit CLLI code location.
8.2.1.35.10 CLEC will receive an email acknowledgment of the application
receipt and validation or feedback on any information requiring clarification within
one (1) business day.
8.2.2 Terms and Conditions - Virtual Collocation
8.2.2.1 CenturyLink is responsible for installing, maintaining, and repairing
virtually collocated equipment for the purpose of lnterconnection or to access UNEs,
ancillary 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 will not have physical access to the virtually collocated equipment
in the CenturyLink Premises. However, CLEC will have physical access to the
Demarcation Point in the CenturyLink Premises.
8.2.2.3 CLEC will be responsible for obtaining and providing to CenturyLink
administrative codes (e.9., 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 will 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.9., electrical, functional, physical and software) 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 will 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 (i.e., 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 will 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 ancl/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 - Gaged and Cageless Physical Collocation
8.2.3.1 CenturyLink shall provide Caged and Cageless Physical Collocation to
CLEC for access to UNEs and ancillary services and lnterconnection, 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 lntentionally Left Blank.
8.2.3.4 CenturyLink will design the floor space in the most efficient manner
possible within each Premises that will constitute CLEC's leased space. CLEC will, 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 will
ensure that the necessary construction work (e.9., 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 will review the bay specifications provided on the
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Application. Within three (3) Days of validation of the application, CenturyLink
will contact CLEC with any questions.
8.2.3.6.3 lf Collocation Entrance Facilities and space are available,
CenturyLink will develop a price quotation within twenty-five (25) Days of
completion of the feasibility study. Price quotations will 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 \fVithin thirty (30) Days of receipt of the quotation, CLEC must
submit Acceptance with 5Oo/o payment of the nonrecurring charges or
acknowledge non-Acceptance of the quoted charges.
8.2.3.6.5 Upon receipt of Acceptance and 507o payment of the quoted
nonrecurring charges, CenturyLink will procure and install the equipment bay on
behalf of CLEC. The equipment bay installation will be completed with the
Standard lnstallation lntervals 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. ln order to obtain early access, CLEC
must pay eighty percent (80%) of the remaining fifty percent (50o/o) of the quoted
nonrecurring charges before early access is granted, leaving a holdback of ten percent
(10olo) of the originally quoted nonrecurring charges. All appropriate (i.e., space and
cable racking) recuning 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,
8.2.3.9 lf, 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 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
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equipment meets or exceeds the safety standard that CenturyLink contends CLEC's
equipment fails to meet. lf 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 facilities 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. ln 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 AII equipment placed will be subject to random safety audits conducted by
CenturyLink. These audits will determine whether the equipment meets the NEBS Level
1 safety standards required by this Agreement. CLEC will be notified of the results of
this audit. lf, 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 will 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. lf 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. lf
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 Cageless Physical Collocation space. Upon
CLEC's request, this service shall be available per standard CenturyLink business
service Provisioning processes and rates.
8.2.3.12 For Caged Physical Collocation, CLEC's leased floor space will be
separated from other CLECs and CenturyLink space through a cage enclosure.
CenturyLink will 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 will 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 Cageless 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 will reduce the minimum square footage accordingly). Requests
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for multiple bay space will 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 Facility 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 Facility 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
Facilities provide the connectivity between CLEC's collocated equipment within the
CenturyLink Wire Center and a Collocation Point of lnterconnection (C-PO|) 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 will extend the fiber cable from the C-
POI to a Fiber Distribution Panel (FDP). Additional fiber, conduit and associated riser
structure will 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-POl 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 will 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 lnterconnection 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 lnterconnection cable.
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) tiber
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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 lnterconnection 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 office. This option also supports transitions
from one (1) form of Collocation to another.
8.2.4.3.3 Express Fiber Entrance Facility - CenturyLink will place CLEC-
provided fiber cable from the C-POI directly to CLEC's Collocation space. The
fiber cable placed in the \Mre Center must meet NEBS Level 1 fire rating
requirements. lf CLEC provided cable does not meet NEBS Level 1 fire rating
requirements then a transition splice will 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 will 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). Metallic 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 will be developed on an lndividual Case Basis.
8.2.4.6 CenturyLink shall provide an lnterconnection 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 lnterconnection points as close as reasonably possible to its Premises.
CenturyLink shall offer at least two (2) such lnterconnection points at each CenturyLink
Wire Center when at least two (2) entry points pre-exist and duct space is available.
CenturyLink will not initiate construction of a second, separate Collocation Entrance
Facility solely for Collocation. lf CenturyLink requires the construction of a new
Collocation Entrance Facility for its own use, then the needs of CLEC will 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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duct, conduit, and riser cable space for Microwave Entrance Facilities 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 will be limited to that which is
necessary for lnterconnection to CenturyLink's network or access to CenturyLink's
Unbundled Network Elements.
8.2.4.9.1 CenturyLink will 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 will 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. lf space is available, CLEC
may use an existing cable entry hatch or a new cable entry hatch will need to be
constructed. The cable entry hatch charges are on a per port used basis.
8.2.4.9.2 CLEC can perform the determination of line-of-sight feasibility 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 anangement and each CenturyLink Premises requested. A site visit will
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 will 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. lf CLEC
performs the structural analysis or line-of-sight feasibility, it shall submit a
response regarding its analysis to CenturyLink and CenturyLink will only bill for
an escort fee per site requested. lf either Party disputes the technical feasibility,
space availability, or other conditions proposed by CenturyLink, the Parties will
promptly petition the Commission for resolution of the dispute.
8.2.4.9.3 lf 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. lf the site visit determines that unobstructed
line-of-sight and placement of the microwave equipment are not Technically
Feasible, CLEC will be billed only for the site visit. lf the site visit determines that
the placement of microwave equipment is Technically Feasible, CenturyLink will
provide a quotation for the Microwave Entrance Facility with the quotation for the
submitted Collocation Application. lf 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 billed 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. lf CenturyLink's assistance is
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required in order for CLEC to obtain necessary licenses or permits, CenturyLink
will not unreasonably withhold such assistance. CLEC will 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 exterior wall or roof. CenturyLink will do all building
penetration and CenturyLink will 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. lf CLEC performs the foregoing, CenturyLink shall
impose no charges on CLEC for such work. ln 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 lnterconnection 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 lnterconnection trunks, and ancillary services. ICDF
Collocation provides CLEC with access to the lnterconnection Distribution Frame, where
CenturyLink will terminate the Unbundled Network Elements, Finished Services and
ancillary 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 will
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 lnterconnection 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 lnterconnection Distribution Frame
will be given a frame address. CenturyLink will establish and maintain frame address
records for CenturyLink terminations. CenturyLink will maintain assignment records for
each Unbundled Network Element, Finished Service, and ancillary service ordered by
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CLEC that is terminated on the lnterconnection Distribution Frame. CenturyLink will
provide CLEC with the frame assignments for each Unbundled Network Element,
Finished Service, and ancillary service terminated on the ICDF.
8.2.5.3 CLEC will be required to place the jumper connection between frame
addresses to connect Unbundled Loops, ancillary and Finished Services. CLEC will be
required to maintain the records for CLEC-provided jumpers.
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.
8.2.6.1.2 CLEC shall own such structure, subject to a reasonable ground
space lease. lf 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. ln 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 lnterconnection and or access to UNEs. Transfer to
another CLEC shall be subject to CenturyLink's approval, which approval shall
not be unreasonably withheld. lf 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 facilities.
8.2.6.4 Upon request, CenturyLink will evaluate all parking or other spaces
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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.
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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 will not be relinquished for Collocation space.
8.2.6.5 lf 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.
lnstead, 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.9., Section 8.2,3.11 and Section 8.2.4
would not apply), or if appropriate, Adjacent Collocation as set forth above. Space will
be offered in increments appropriate to the Remote Premises structure (i.e., shelf, relay
rack, etc.).
8.2.8 Terms and Conditions - Facility 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 lnterconnection or access to UNEs, ancillary services and Finished Services.
CLEC will 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 will 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 will 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 Service Level 0 (DSO) and Digital Service Level 1 (DS1)
UNE services. lf utilized for DS1 UNEs, CLEC must transmit a Trunk Level 1
(T1) templated signal over the copper facility. DSI copper Entrance Facilities will
be wired to a DS1 office repeater to remove line voltage before terminating on
the DSX panel. CenturyLink will install and charge for this line voltage isolation
equipment.
8.2.8.3.2 Fiber Entrance Facility termination and Cross Connection.
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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
Facilities and will require protection units (i.e., line voltage isolation equipment) on
standard connector blocks on the distribution frame. CenturyLink will 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 lnterface (C-POl).
8.2.8.6 All CenturyLink terminations on the termination frame or panel will be
given a frame address. CenturyLink will maintain frame or panel address records for
CenturyLink terminations. CLEC will maintain its CFA records.
8.2.9 Terms and Conditions - Common Area Splitter Collocation
8.2.9.1 lf CLEC elects to have Splitters installed in CenturyLink Wire Centers via
Common Area Splitter Collocation, the Splitters will 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. ln Wire Centers with access line counts
greater than 10,000, when all common area Splitter bays and racks are fully utilized,
space permitting, CenturyLink will allow CLEC to place Splitters on the COSMICTM/MDF.
CLEC either may purchase Splitters or have CenturyLink 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 Office equipment Collocation set by the FCC.
CenturyLink will be responsible for installing and maintaining the Splitters, but CLEC will
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 will 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) lTPs and four (4) tie cables will be needed to connect the
Splitters to the CenturyLink network. One (1) ITP will carry both voice and data traffic
from the COSMICTM/MDF Loop termination, to an appropriate ICDF. From this frame,
one (1) tie cable will carry both voice and data traffic to the Splitter. The voice and data
traffic will be separated at the Splitter, and the separated voice and data traffic will be
routed to the ICDF via separate tie cables (i.e., the second and third tie cables). At the
ICDF, the data traffic will be routed to CLEC's Collocation area via a fourth tie cable, and
the voice traffic will be routed to the COSMICTM/MDF Switch termination, via a second
lTP. CLEC can also elect a direct connect option pursuant to Section 8.3.1.11.2.
8.2.9.3 CenturyLink will provide the cabling used for tie cables between the
Splitter and the ICDF. The Splitter Tie Cable Connection Charge will apply.
8.2.9.4 The Demarcation Point between CenturyLink's network and CLEC's
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network will 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 will 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 will apply.
8.2.9.6 Splitter Deployment
8.2.9.6.1 New applications for installation of Splitters will be processed in
the manner outlined in the Collocation Section for Cageless Collocation.
8.2.9.6.2 CLEC may submit applications for additional DSO tie cable
terminations and/or reclassification to support UNE or other services.
CenturyLink will 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 will 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. lf the requested
reclassification engineering results in additional requirements for DSO tie
cable terminations or tie cable support, the interval will default to thirty
(30) Days.
8.2.9.6.3.2 ln 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 will install the
subject equipment when it becomes available. lf 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 will be notified by CenturyLink of the
required material on-site date for the affected Wire Cente(s) and CLEC
will have two (2) business days to determine if it will be able to provide
the subject equipment in advance of the material on-site date. lf CLEC
does not notify 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 will install the
subject equipment when available.
8.3 Rate Elements
Rate elements for Collocation are included in Exhibit A.
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8.3.'l Rate Elements - All Collocation
8.3.1.1 CenturyLink will 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, addinglremoving
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, conduiUinnerduct, placement of conduiUinnerduct,
fiber cable, fiber placement, splice case, a splice frame, fiber distribution panel, and
relay rack. Charges apply per fiber pair. Express Fiber Entrance Facility 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.
lncludes 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 (125Yo) 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. lf CLEC orders Optional DC Power
Measurement, CenturyLink will initially apply the -48 Volt DC Power Usage
Charge from Exhibit A to the quantity of power ordered by CLEC. CenturyLink
will 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
power reduction request.
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.
The AC 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 lnspector 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-shiff on behalf of CLEC.
8.3.1.9 lntentionally Left Blank.
8.3.1.10 lnterconnection Tie Pairs (lTP) are described in the UNE Section, and
apply for each Unbundled Network Element, ancillary service or lnterconnection service
delivered to CLEC. The ITP provides the connection between the Unbundled Network
Element, ancillary service or lnterconnection 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.
8.3.1.1 1 .1 Shared Access
8.3.1.11.1.'t ln 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 lnterconnection Distributing Frame (ICDF)
b) Existing DSX Panels for DS1 and DS3 services
c) New lnterconnection Distributing Frame
d) Existing Toll Frame
e) Fiber Distribution Panel
f) Existing lntermediate Frame
8.3.1.11.1.2 The ICDF is the test access point. lt would not be
uncommon to find multiple service providers, including CenturyLink, on
the ICDF at any one 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 will provide cabling at an additional charge.
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\Men CenturyLink provides the cabling, Collocation Block Termination
rates will apply as contained in Exhibit A of this Agreement. When CLEC
provides the cabling, Collocation Termination rates, on a per termination
basis, will 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 will apply.
8.3.1.11.2 DirectConnection
8.3.1.11.2.1 Direct Connection provides an uninterrupted path
from the Collocation space to an existing frame. This option will
guarantee that there will not be an ICDF. The connection will 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 will select its desired option via the Direct
Connection Collocation Application. lf 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. lf CLEC chooses a demarcation
outside its Collocation space, CenturyLink will maintain and inventory this
device. Direct terminations may be ordered where frame space is
available. lf 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 will receive an Alternate Point of Termination
(APOT) form so that it may order Finished Services and UNEs. CLEC will
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.9., Frame Number) and the dedicated tie pairs will require a unique
name to enable automatic assignment through TIRKSTM and SWITCHTM
via Carrier Facilities Address (CFA) methods.
8.3.1.11.2.3 lf CLEC wishes to arrange terminations on a 2-wire
POTS level cross connect device of the modular type, i.e., COSMIC'M
Hardware, standard-engineering principles will apply. Provisioning
intervals and costs will be customized and determined on an lndividual
Case Basis (lCB). A five (5) year forecast including terminations per
quantities will be required. MELDTM runs will 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)
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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 (i.e., toll frame, DSX, FDP, 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. lf frame space is exhausted, terminations
may need to be made at another frame. Space availability will be
determined during the feasibility request phase of the order. Rates for
Direct Connection Terminations will 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; DSI 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 Otfice 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 Office 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 Otfices are equipped with
Building lntegrated 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 (125o/o) of request. lt includes engineering, furnishing and installing the main
distribution bay power breaker, associated power cable, cable rack and local power bay
to the closest power distribution bay. lt 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). lt
is charged per feed.
8.3.1.15 Space Availability Report Charge - Recovers the cost of preparing a
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Space Availability Report in accordance with Section 8.2.1.9.1
8.3.1.16 CLEC-IoCLEC Connection Charge. Recovers the cost of order
processing, design and engineering. Additional charges will be assessed for Virtual
Collocation connections and cable holes, if applicable. There will be recurring charges
for cable racking.
8.3.1.17 Microwave Entrance Facility - The charges for Microwave Entrance
Facility include the recurring and nonrecurring charges associated with preliminary
rooftop engineering and survey analysis, Premises structural analysis and line of sight
feasibility, 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
will 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 will be charged a
nonrecuning charge for moves between the battery distribution fuse board and the
power board (for location changes) necessary for DC power reduction/restoration.
\fuhen Power is turned off or deactivated on a secondary power feed nonrecurring
charges (i.e., 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 will terminate on the date a
restoration job completes for the power feed or CLEC returns the fuse position to
CenturyLink. lf CenturyLink is unable to provide the requested power restoration of the
held feed(s) due to exhaustion of power capacity, CenturyLink will refund all Power
Maintenance Charges collected since the reservation was accepted.
8.3.1.20 Collocation Available lnventory Charges. For standard CenturyLink
Postings of Collocation Available lnventory, 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 will
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 will be charged as deflned in Exhibit A. CLEC ordering a
Special Site, in addition to the standard Collocation rates, will also be charged a
nonrecurring Network Systems Administration Fee for the systems and record updates
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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 will be charged at rates listed in assuming CLEC lnterconnection Agreement
without a discount.
8.3.1.21 Collocation Joint lnventory Visit Charges. The pricing for Joint lnventory
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 will perform maintenance andlor 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 lnstallation 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 will 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 will require three (3) CenturyLink employees to be trained per metropolitan
service area in which CLEC's virtually collocated equipment is located. lf, by an act of
CenturyLink, trained employees are relocated, retired, or are no longer available,
CenturyLink will not require CLEC to provide training for additional CenturyLink
employees for the same virtually collocated equipment in the same metropolitan area.
\Mrere 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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(9) foot and eleven (11) foot six (6) inches, which will be considered on an lndividual
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 lnstallation 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 costwithout -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 sunounding 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. lt 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. lncludes the material and labor
to construct and prepare the space, including all support structure, cable racking and
Iighting required to set up the space. lt 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. lf a new line-up is established for Cageless
Collocation, an AC power outlet will 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. ln 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 party, and CenturyLink must prorate the charge for site conditioning and
preparation by determining the total charge for site preparation and allocating that
charge to CLEC based on the percentage of the total space used by CLEC. CenturyLink
must in all cases of Shared space Collocation allocate space preparation, conditioning,
security measures and other Collocation charges 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
by CLEC.
8.3.3.1.1 Space Construction and Site Preparation Single Bay Credit. A
credit is applied to the standard two-bay Space Construction and Site
Preparation fee included in Exhibit A when CLEC requests a Cageless single-bay
configuration. The incremental material and labor costs to install a second bay
will be credited.
8.3.3.1.2 Space Construction Fencing Credit. Credit that is applied when
CLEC hires an outside company to install the cage fencing. lf that option is
selected, CLEC will receive a recurring 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. Provides the monthly lease for the leased physical
space, property taxes and base operating cost without -48 volt DC power. lncludes
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); a pro-rata share of biweekly housekeeping
services (sweeping, spot cleaning, trash removal) of CenturyLink Premises common
areas sunounding the leased physical space and general repair and maintenance. The
Floor Space Lease includes required aisle space on each side of the cage enclosure, as
applicable.
8.3.3.3 lntentionally Left Blank
8.3.3.4 Collocation Grounding Charge for Caged Collocation. Used to connect
the Premises common ground to CLEC cage. Recurring and nonrecurring charges are
assessed per foot to CLEC's equipment.
8.3.3.5 Equipment Bay. Provides 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 necessary environmental supports and end guard
costs. 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.
8.3.3.6 Spacers: Provides for cost associated with procuring and installing
spacer and associated mounting brackets with the Equipment Bay described in 8.3.3.5
above. Spacer(s) will be procured based on customer requested width and to match
existing office environment height.
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8.3.4 Rate Elements - ICDF Collocation
8.3.4.1 Rate elements for ICDF Collocation include security, QPF, DSO circuit
legs, DSI circuit legs, DS3 circuit legs, and fiber circuit legs. Circuit legs are deflned 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 will be
developed on an lndividual 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.9., 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-flve 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 lnterface (FDl) 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 FDl. 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 FDl. These charges will 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 (125o/o) 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 AdditionalVirtual 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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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 lnstallation. 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-Io-CLEC Connections are addressed in Section
8.3.1.16.
8.3.8 Rate Elements - Facility 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 DSI 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
Facility requested.
8.3.9 Rate Elements - Splitter Collocation
8.3.9.1 Tie Cable Reclassification Charge - A nonrecurring charge will 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 lnterconnection Distribution Frame
(ICDF) required to provision UNEs and other services.
8.3.9.2 Trouble lsolation Charge - A Miscellaneous Charge will 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 nonrecuning charge will 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 nonrecuning charge will apply for the cost of each
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Splitter purchased by CenturyLink on behalf of CLEC. This charge will cover the cost of
the Splitter, plus any associated costs incurred by CenturyLink to order the Splitter.
8.3.9.6 Engineering - A nonrecuning 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 will 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 will 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
8.4.1
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8.4.1.1 CLEC must complete the requirements in the lmplementation 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. lf, 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 (2oo/o)
of the forecast. lf at the time the Collocation Application is made the forecasted type of
Collocation is not available, CLEC may specify a different type of Collocation without
affecting the Collocation intervals. The forecast shall include, for each CenturyLink
Premises, the following:
a) ldentification 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.9., Caged Physical, Cageless Physical, Shared,
ICDF, Virtual, etc.);
0 lntentionally Left Blank;
g) Entrance Facility Type (e.9., Express Fiber, Private Line);
h) 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 lnformation 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) ldentification 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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d) Heat dissipation;
e) Type of Collocation (e.9., Caged Physical, Cageless Physical, Shared,
Virtual, etc.);
0 Collocated equipment and technical equipment specifications
(manufacturer make, model no., functionality i.e., cross connect, DLC, DSI-AM,
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) lf desired, an alternate form of Collocation if the first choice is not
available; and
j) Billing contact.
8.4,1.5.1 Parties will work cooperatively to ensure the accuracy of the
Collocation Application. lf 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 fifty 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 will provide space
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feasibility within ten (10) Days.
8.4.1.7.2 Collocation Space Reservation Quotation - lf space is available,
CenturyLink will provide a specific price quotation based on the requested
Collocation requirements described on the Collocation Space Reservation
Application Form. The quotation and a Billing invoice for twenty-five percent
(25Yo) payment of nonrecurring charges will 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. lf CLEC
submits the Acceptance between eight (8) and thirty (30) Days of receipt
of the quotation, CenturyLink will 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 will 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 (25Vo) payment,
CenturyLink will 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 (25o/o) payment.
This payment will 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 (25o/o) payment as
follows:
a) Cancellation notification within ninety (90) Days from receipt of wire
transfer, seventy-five percent (75o/o) 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, fitty percent (50o/o) 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 (25o/o) of the initial down payment will be returned to CLEC.
d) Cancellation notification after two hundred and seventy (270) Days
from receipt of wire transfer, zero percent (07o) of the initial down
payment will be returned to CLEC.
8.4.1.8 Collocation Space Option
8.4.1.8.1 CLEC, CenturyLink and CenturyLink Affiliates may option space
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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 per
Wire 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 Cageless and Virtual Collocation
8.4.1.8.3 The Collocation Space Option Application form will 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) forwhich 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 will confirm in writing, within ten (10) Days, the availability of, and
price quotation (the "Option Fee") for the Optioned space. lf space is not
available, CenturyLink will 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 will 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 will begin. The prioritization of optioning will 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 ln 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 lf 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 will 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). ln
addition, CenturyLink will provide CLEC A with option space information
(e.9., Caged and Cageless optioned space) that may fulfill the
requirements of CLEC A's Collocation Application. At CLEC A's request,
CenturyLink will initiate the option enforcement notice process by
notifying the option party 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 fulfill 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
Affiliates 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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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 will
be charged based upon the amount of space being optioned, at
two dollars ($2) per square foot per month.
8.4.1.8.8 ln 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. lf 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 will be provided within ten (10) Days of receipt
of a complete Collocation Application. As part of the feasibility study, CenturyLink will
also notify CLEC of any known circumstance that may delay delivery of the ordered
Collocation space and related facilities.
8.4.2.1.1 lf 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 - lf Collocation Entrance Facilities and space are available,
CenturyLink will 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, €.g., DS1 or DS3 cards to
existing virtually collocated equipment, will 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
Facility 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 will be reserved and construction by CenturyLink will begin.
8.4.2.4 lnterval - 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 thirty (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
8.4.2.4.1 Forecasted Applications with Timely Acceptance lf 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. lf 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-
flve (45) Days of the receipt of all of CLEC's equipment.
8.4.2.4.2 Forecasted Applications with Late Acceptance - lf 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 Acceptance. lf 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 forty-
five (45) Days of the receipt of all of CLEC's equipment. lf 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 lf 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
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Collocation
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. lf 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 - lf 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, 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. lf 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 lntervals for Major lnfrastructure 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 8.4.2.4.3 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 lnfrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space - lf CLEC's forecast or reservation triggers the
need for an infrastructure modification, CenturyLink shall take the steps
necessary to ensure that it will meet the intervals set forth in Sections 8.4.2.4.1
and 8.4.2.4.2 when CLEC submits a Collocation Application. lf 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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Section 8
Collocation
8.4.3 Ordering - Caged and Cageless Physical Collocation
8.4.3.1 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 and operation of
CLEC's equipment within the Premises. The feasibility study will be provided within ten
(10) Days from date of receipt of a complete Collocation Application. As part of the
feasibility study, CenturyLink will also notify CLEC of any known circumstance that may
delay delivery of the ordered Collocation space and related facilities.
8.4.3.1.1 lf 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 -- lf Collocation Entrance Facilities and space are available,
CenturyLink will develop a quotation for the supporting structure. CenturyLink will
complete the quotation no later than twenty-five (25) Days of providing the feasibility
study. Physical Collocation price quotations will 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 will be reserved and construction by CenturyLink will
begin.
8.4.3.4 lnterval - 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 - lf 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 anangement within ninety (90)
Days of the receipt of the complete Collocation Application.
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Section 8
Collocation
8.4.3.4.2 Forecasted Applications with Late Acceptance - lf 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, CenturyLink shall complete its installation of the
Collocation arrangement within ninety (90) Days of the receipt of the complete
Collocation Acceptance. lf 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 lf 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.
A.4.3.4.4 Unforecasted Applications with Late Acceptance - lf 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 one hundred and twenty (120) Days of the receipt
of the complete Collocation Acceptance.
8.4.3.4.5 lntervals for Major lnfrastructure 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 lnfrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space - lf CLEC's forecast or reservation triggers the
need for an infrastructure modification, CenturyLink shall take the steps
necessary to ensure that it will meet the intervals set forth in Sections 8.4.3.4.1
and 8.4.3.4.2 when CLEC submits a Collocation Application. lf 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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Section 8
Collocation
8.4.4 Ordering - lnterconnection 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 feasibility study to determine if
adequate space can be found for the placement and operation of CLEC's terminations
within the \Mre Center. The feasibility study will be provided within ten (10) Days from
date of receipt of a complete Collocation Application. As part of the feasibility study,
CenturyLink will 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, DSI
and DS3 capacities that will be terminated on the lnterconnection 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 lnterconnection
Distribution Frame as well as the various other frames within the CenturyLink Wire
Center.
8.4.4.1.1 lf 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.
8.4.4.2 Quotation - lf space is available, CenturyLink will 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 will 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 receipt of a complete Collocation Acceptance, as
described in Section 8.4.1.6, space will be reserved and construction by CenturyLink will
begin.
8.4.4.4 lnterval- 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 - lf 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 - lf a Premises is
included in CLEC's forecast at least sixty (60) Days prior to submission of the
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Section 8
Collocation
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 forty-five (45) Days of the receipt of the complete
Collocation Acceptance. lf CLEC submits its Acceptance more than thirty (30)
days after receipt of the CenturyLink quotation, the Collocation Application shall
be resubmitted by CLEC.
8.4.4.4.3 Unforecasted Applications with Timely Acceptance lf 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 - lf 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
8.4.5.1 lf 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 property.
CenturyLink will 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 lf a new structure is to be constructed, the interval shall be developed on
an lndividual 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.
lf CLEC disputes the interval proposed by CenturyLink, CenturyLink must promptly
petition the Commission for approval of such disputed interval.
8.4.5.3 lf Adjacent Collocation is provided within an existing CenturyLink
Premises, the ordering procedures and intervals for Physical Collocation shall apply.
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Collocation
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
Remote Collocation Application Form.
8.4.6.2 lf 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 8.4.5.1 and 8.4.5.2.
8.4.7 Ordering - CLEC to CLEC Gonnections
8.4.7.1 Application -- Upon receipt of the applicable portions of a complete
Collocation Application as described in Section 8.4.1.5 (Subsections a, e, h and j).
CenturyLink will 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 will be provided within ten (10)
Days from date of receipt of a complete Collocation Application.
8.4.7.1.1 lf 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 - lf existing cable racking is available, CenturyLink will provide
CLEC with a quotation and the specific cable rack route to CLEC with the feasibility
study. lf 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 will 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-Io-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 will begin
with CLEC Acceptance.
8.4.7.3.2 CLEC-Io-CLEC Connections using new cable rack. - Upon
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receipt of a complete Acceptance from CLEC, as described in Section 8.4.1.6,
CenturyLink will begin construction of the new cable rack.
8.4.7.4 lnterval - Pursuant to Section 8.4.7.3.2, the construction interval for
CLEC-Io-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. lf
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 Connec'tions
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,
h and j), CenturyLink will 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 will be provided within ten (10) Days from date of
receipt of a complete Collocation Application.
8.4.8.1.1 lf 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 - lf existing cable racking is available, CenturyLink will provide
CLEC with a quotation and the specific cable rack route with the feasibility study. lf
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 will 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 nonrecurring 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
will begin construction of the new cable rack.
8.4.8.4 lnterval - 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.
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Collocation
8.4.8.4.1 lf 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. lf Direct Connection is required at the DSO level, to the
COSMICTM, or if new cable racking needs to be installed, CenturyLink will
provision the direct trunking within sixty (60) Days of the receipt of the complete
Collocation Acceptance.
8.4.9 Ordering - Facility Connected (FC) Collocation
8.4.9.1 Application - Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5, CenturyLink will perform a feasibility study. The feasibility
study will be provided within ten (10) Days of receipt of a complete Collocation
Application. As part of the feasibility study, CenturyLink will also notify CLEC of any
known circumstance that may delay delivery of the ordered Collocation space and
related facilities.
8.4.9.1.1 lf 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 sutficient 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 - lf 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 will 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 will
begin.
8.4.9.4 lnterval - 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 CLEC 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 will 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 will 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. lf CLEC's Entrance
Facility is not completed to the C-POI within fifty-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 availability of CLEC's Entrance Facility at the
c-Pot.
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Section 8
Collocation
Billing
Billing - Al! Collocation
8.5.1.1 Upon completion of the Collocation construction activities and payment of
the remaining nonrecuning 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 ln the event CenturyLink has completed all associated construction
activities and CLEC has not completed its associated activities (e.9., delivering fiber to
the C-POI, or providing the equipment cables for connecting to the lnterconnection
Distribution Frame), CenturyLink will bill an adjusted amount of the remaining
nonrecuning balance, close the job, and begin Billing the monthly recurring rent charge.
ln those instances where the job is delayed due to CLEC not having its fiber to the POl,
CenturyLink will request the balance due minus the dollar amount specific to this work
activity, and begin Billing 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 will be responsible for installing 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 will be performed under the
Maintenance and Repair process contained herein.
8.5.2 Billing - Virtual Gollocation
8.5.2.1 Virtual Collocation will 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 Billing - Caged and Cageless 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
nonrecuning charges, CenturyLink will schedule a walk through of the space with CLEC.
During this joint walk through, CenturyLink will turn over access to the space and provide
security access to the Premises. Upon completion of the acceptance walk through,
CLEC will be provided the Caged or Cageless Physical Collocation completion package
(i.e., all ordering information). The monthly Billing for leased space, DC power, Entrance
Facility, and other associated monthly charges will 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. lf 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.
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8.5
8.5.1
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Collocation
Maintenance and Repair
Virtual Collocation
8.6.1.1 Maintenance Labor, lnspector Labor, Engineering Labor and Equipment
Labor 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.
8.6.1.2 lnstallation and maintenance of CLEC's virtually collocated equipment will
be performed by CenturyLink or a CenturyLink authorized vendor,
8.6.1.3 Upon failure of CLEC's virtually collocated equipment, CenturyLink will
promptly notify CLEC of such failure and the corrective action that is needed.
CenturyLink will 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 PhysicalCollocation
8.6.2.1 CLEC is responsible for the maintenance and repair of its equipment
located within CLEC's leased space.
8.6.3 lnterconnection Distribution Frame
8.6.3.1 CLEC is responsible for block and jumper inventory and maintenance at
the lnterconnection 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 Facility Connected (FC) Collocation
8.6.5.1 CenturyLink will be responsible for all Maintenance and Repair of FC
Collocation facilities from the C-POI into and within the Wire Center, and for the
associated lnterconnection, ancillary 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 SplitterCollocation
8.6.6.1 When Splitters are installed in CenturyLink Wire Centers via Common
Area Splitter Collocation, CLEC will order and install additional Splitter cards as
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8.6
8.6.1
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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 fill 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
areas in those Wire Centers for the purpose of testing Shared Loops. This equipment
must meet the requirements for Central Office equipment set by the FCC in its March 31,
1999 Order in CC Docket No. 98-147.
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Section 9
Unbundled Network Elements
SECTION 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(cX3) of the Act. Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain
a UNE subsequentty defined by the FCC.
9.'t.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 lnterexchange Services.
9.1.1.3 lf CLEC accesses and uses a UNE consistently with Section9.1.2, 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 diligent 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 lV, V, and Vl 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 Vl 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
9.1.1.4.3.1 Length of Transition Period for Additional Non-lmpairment
Designations.
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Section 9
Unbundled Network Elements
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 will have ninety (90) Days from the
effective date to transition the applicable Non-lmpaired 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
will have one-hundred and eighty (180) Days from the effective
date to transition to an alternative arrangement. The Parties will
work together to identify those circuits impacted by such a
change.
9.1.1.4.3.2 Rate During Transition Period for Additional Non-
I mpairment 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 DSI 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 115o/o of the UNE rates applicable as of the effective dateon 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 lo 115o/o 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 115o/o rate described in Sections 9.1.1.4.3.2.1
and 9.1 .1.4.3.2.2 will be applied to CLEC bills on the following bill
cycle, and may be applied as a manual adjustment. Any manual
bill adjustment for the time period for which the facilities were in
place will be applied to each account based on the Billing
Telephone Number (BTN) and/or Circuit (Clfi) identification
number per Billing 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 will assess the non-recurring charge
contained in the appropriate Tariff. No additional non-recuning
charges apply for the transition, other than OSS non-recurring
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Section 9
Unbundled Network Elements
charges if applicable. CenturyLink shall not impose any recurring
or nonrecurring OSS 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) billing 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 lf 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 billing 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. S 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)
b)
c)
Non-telecomm unications services ;
Enhanced or lnformation services;
Features or functions not offered for resale on a stand-alone basis or
separate from basic Exchange Service; and
d) Network Elements offered pursuant to Section 271
9.1.1.8 CLEC may Commingle UNEs and combinations of UNEs with wholesale
services and facilities (e.9., switched and special access services offered pursuant to
Taritf), and request CenturyLink to perform the necessary functions to provision such
Commingling. CLEC will be required to provide the CFA (Connecting Facility
Assignment) of CLEC's network demarcation (e.9., 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
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with access services.
9.1.1.8.1 When a UNE and other service are Commingled, the service
interval for each facility being Commingled will 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 seryice's inclusion in a requested
Commingled service arrangement. Provisioning intervals applicable to services
included within a requested Commingled service arrangement will 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 will not combine or Commingle services or Network
Elements that are offered by CenturyLink solely pursuant to Section 271 of lhe
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 facilities 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 will not be required to bill that wholesale
circuit at multiple rates, otherwise known as ratcheting. Such commingling will 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 facility will be ordered and billed at the UNE rate
if and only if all circuits entering the multiplexer are UNEs and (2) in all other
situations the multiplexed facility will be ordered and billed pursuant to the
appropriate Tariff.
9.1.1.10 Service Eligibility Criteria. The following Service Eligibility Criteria applyto combinations and/or Commingling 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.9.,
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
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Unbundled Network Elements
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.
9.1.1.1O.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 will 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 91 1 or E911 . Each circuit to be provided to each End User
Customer will have 911 or E911 capability prior to the provision of service
over that circuit.
a) Each circuit to be provided to each End User Customer will
terminate in a Collocation arrangement that is established pursuant to
Section 251(cX6) of the Act and located at CenturyLink's Premises within
the same LATA as the End User Custome/s premises, when CenturyLink
is not the collocator, and cannot be at an lnterexchange Carrier POP or
ISP POP location;
b) Each circuit to be provided to each End User Customer will
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
9.1 .1 .10.2.5 Collocation.
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Unbundled Network Elements
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 Custome/s premises, when CenturyLink is not the collocator, and
cannot be at an lnterexchange Carrier POP or ISP POP location.
9.1.1.10.2.6 lnterconnection Trunking. CLEC must arrange for the
meaningful exchange of traffic which must include hand-offs of local voice
calls that flow in both directions. \I/here CLEC does not arrange for a
meaningful exchange of traffic, 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 I-ATA 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 Calling Party Number. Each circuit to be provided
to each End User Customer will be served by an lnterconnection
trunk over which CLEC will transmit the Calling Party Number in
connection with calls exchanged over the trunk. For each twenty-
tour (24) DS1 EELs or other facilities having equivalent capacity,
CLEC will have at least one (1) active DS1 LIS trunk over which
CLEC will transmit the Calling Party Number in connection with
calls exchanged over the trunk. lf the Calling Party Number is not
exchanged over an lnterconnection 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 will be served by an End Office 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 traffic.
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 will 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
Eligibility shall remain valid only so long as CLEC continues to meet the Service
Eligibility Criteria set forth above. lf CLEC's Service Eligibility on a given high
capacity combination or Commingled facilig 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. ln 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:
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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 facilities 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.9., network and circuit configuration
data, local telephone numbers) which demonstrate that CLEC's high
capacity combination and Commingled facilities meet the Service
Eligibility Criteria.
9.1.1.10.5.3 An independent auditor hired and paid for by CenturyLink
shall perform any Service Eligibility Audits, provided, however, that if a
Service Eligibility 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 auditofs report
concludes that CLEC complied in all material respects with the Service
Eligibility 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 lnstitute 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. lf a Service
Eligibility Audit does find non-compliance, CenturyLink shall not exercise
its Service Eligibility Audit rights 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 rights 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.
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 facilities.
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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 lf 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 thirty (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 will be provided in "substantially the same time and manner" to that which
CenturyLink provides to itself or to its Affiliates. ln those situations where CenturyLink does not
provide access to Network Elements to itself, CenturyLink will 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 will 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. ln addition, CenturyLink shall comply with all state
wholesale service quality requirements.
9.1.2.1 lf facilities are not available, CenturyLink will 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 Canier (ETC) obligation to provide primary
basic local Exchange Service. CLEC will 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 will 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 will 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.
lf available facilities are not readily identified through the normal assignment
process, but facilities can be made ready by the requested Due Date, CLEC will
not receive an additional FOC, and the order Due Date will not be changed.
9.1.2.1.2 lf cable capacity is available, CenturyLink will complete
incrementalfacility work (i.e., conditioning, place a drop, add a Network lnterface
Device, and other routine network modifications as described below) in order to
complete facilities to the End User Customefs 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
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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
for CLEC.
9.1.2.1.3 During the normal assignment process, if no available facilities are
identified for the UNE requested, CenturyLink will look for existing engineering
job orders that could fill the request in the future. lf an engineering job currently
exists, CenturyLink will add CLEC's request to that engineering job and send
CLEC a jeopardy notice. Upon completion of the engineering job, CenturyLink
will send CLEC another FOC with a new Due Date. lf facilities are not available
and no engineering job exists that could fill 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 will receive a jeopardy notice. CenturyLink will
initiate an engineering job order for delivery of primary service to the End
User Customer. When the engineering job is completed, CLEC will
receive another FOC identifying a new Due Date when the Loop will 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
Section 9.1.2.1, CenturyLink will 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 will 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.9., Distribution Area for copper distribution, route number for copper
feeder, and termination CLLI codes for fiber). CLEC acknowledges that
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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.
9.1.3 lntentionally Left Blank.
9.1.4 CenturyLink will provide a connection between Unbundled Netwok Elements
and a Demarcation Point. Such connection is an lnterconnection Tie Pair (lTP). An ITP is
required for each Unbundled Network Element or ancillary service delivered to CLEC. The ITP
provides the connection between the Unbundled Network Element and the ICDF or other
Central Office 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 lnterconnection 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 Office 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 will
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 will 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
(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 will perform testing necessary or reasonably requested by
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CLEC, to determine that such UNE is capable of meeting the technical
parameters established for each UNE.
b) CenturyLink will 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 will 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 will 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 will 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 will 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 lnstallation 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 ln 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 will 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 lnteroperability pursuant to applicable FCC rules. Changes that affect network
lnteroperability include changes to local dialing from seven (7) to ten (10) digit, area code splits,
and new area code implementation. FCC rules are contained in C.F.R. Parts 51 and 52.
CenturyLink provides such disclosures on an lnternet web site.
9.1.10 Channel Regeneration. CenturyLink's design will ensure the cable between the
CenturyLink-provided active elements and the DSX will meet the proper signal level
requirements. Channel regeneration will not be charged for separately for lnterconnection
between a Collocation space and CenturyLink's network. Cable distance limitations are based
on ANSI Standard T1.102-1993 "Digital Hierarchy - Electrical lnterface; Annex B."
9.1.11 Recurring and nonrecurring charges apply for Unbundled Network Elements, as
provided under "Rate Elements" subsections of this Section 9.
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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 Office and may include CLEC's specified
location. Tests include, but are not limited to, Ioop 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, Ioss, noise, slope, delay, and echo. Such
tests are performed as the result of a repair request and are in addition to tests required
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. lf CLEC or CLEC's End User Customer is unable to accept service within
thirty (30) Days after the original Due Date, the order will be cancelled by CenturyLink.
Additional information conceming 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
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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/SpecialAccess circuit. ln 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 facilities; 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 lnterval 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 will
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 specified in Exhibit A of this Agreement.
j) Maintenance of Service/Trouble lsolation - 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 party(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 will 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
lsolation Charges (TlC) apply for trouble isolation work on POTS and Maintenance of
Service charges apply for trouble isolation work on other services. Dispatch
Miscellaneous Charges may apply in addition to Maintenance of Service charges or TlC.
Basic, overtime, or premium rates apply.
9.1.13 lntentionally Left Blank.
9.1.14 lntentionally 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 lnterval Guide (SlG) or lndividual Case Basis (lCB) 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.
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Expedite charges will apply to Unbundled Network Elements orders and prices for this
miscellaneous service are specified in Exhibit A of this Agreement.
9.1.15.1 CLEC will 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 lntentionally 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 Office 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 DS0, 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 FTTC Loops. For purposes of this Section, a Fiber-to-th+
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 dwelling 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
Fiberto-th+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
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 FTTH/FTTC New Builds. CenturyLink shall have no obligation
to provide access to an FTTHiFTTC 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 FTTH/FTTC Overbuilds. CenturyLink shall have no obligation to
provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where CenturyLink deploys such a loop parallelto, or in replacement of,
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an existing copper loop facility. Notwithstanding the foregoing, where
CenturyLink deploys a FTTH/FTTC 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 Custome/s premises after deploying the
FTTHIFTTC 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 lndividual Case Basis. Any such restoration
shall not be subject to Performance lndicator 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 Section9.2.1.2.3
below.
9.2.1.2.3 Retirement of Copper Loops or Copper Subloops and
Replacement with FTTH/FTTC Loops. ln the event CenturyLink decides to
replace any copper loop or copper Subloop with a FTTH/FTTC Loop,
CenturyLink will: (i) provide notice of such planned replacement on its web site
(www. 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 19Orh) Day after the FCC's release of its public
notice of the filing, unless an objection is filed pursuant to the FCC's rules. ln
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 FTTH/FTTC 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
(ii) any such objection shall be deemed denied ninety (90) Days after the date on
which the FCC releases public notice of the filing, 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 capaci$, 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 Office and an End
User Customefs premises. This access shall include access to all features,
functions, and capabilities of the Hybrid Loop that are not used to transmit
packetized information.
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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 (i.e., 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 lntentionally 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 will 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 lnterface
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 lnterface codes as specified in the relevant
technical publications and industry standards. CenturyLink makes no
assumptions as to the capabilities of CLEC's Central Office equipment or the
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 lf CenturyLink uses lntegrated 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.
lf a LST is not available, CenturyLink may also seek alternatives such as
lntegrated Network Access (lNA), hair pinning, or placement of a Central Office
terminal, to permit CLEC to obtain an Unbundled Loop. lf no such facilities are
available, CenturyLink will make every feasible effort to provision Unbundled
Loops over the IDLC in order to provide the Unbundled Loop for CLEC.
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9.2.2.2.1.1 ln areas where CenturyLink has deployed amounts
of IDLC that are sufficient to cause reasonable concern about CLEC's
ability 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 access in a manner reasonably related to the need to
protect Confidential or Proprietary lnformation. CLEC shall be
responsible for CenturyLink's incremental costs to provide such
information or access mediation.
9.2.2.2.2 lf there are state service quality rules in etfect at the time CLEC
requests an Analog Unbundled Loop, CenturyLink will provide an Analog
Unbundled Loop that meets the state technical standards. lf necessary to meet
the state standards, CenturyLink will, 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 (BRl)
ISDN Capable Loops, 214 Wire Non-Loaded Loops and xDSL-l 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, metallic wire, metallic
wire based digital Loop carrier, and fiber optic fed digital carrier systems. CenturyLink
will 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 continui$
does not apply to digital capable Loops. lf 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 lntentionally Left Blank
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 \Mre 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 DSI Loop unbundling will be
required in that Wire Center.
9.2.2.3.1.1.1 Cap on Unbundled DSI Loop Circuits. CLEC may
obtain a maximum of ten (10) unbundled DS1 Loops to any single
building in which DSI Loops are available as Unbundled Loops.
9.2.2.3.1.2 DS3 Unbundled Loops Subject to the cap described
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. lf a Wire Center exceeds
both of these thresholds, no future DS3 Loop unbundling is required in
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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 lf CLEC orders a 214 wire non-loaded Unbundled Loop for an End
User Customer served by a digital loop carrier system, CenturyLink will conduct
an assignment process which considers the potential for an LST or alternative
copper facility. lf no copper facility capable of supporting the requested service is
available, then CenturyLink will reject the order.
9.2.2.4 Non-Loaded Loops. CLEC may request that CenturyLink provide a non-
loaded Unbundled Loop. ln 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. lf CLEC has not pre-
approved conditioning, CenturyLink will 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 will be charged the nonrecurring conditioning charge (i.e., 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 (112) of the conditioning
charges made, unless CLEC can 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
deliver it to CLEC. ln 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. ln 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-l capable
Loop, CenturyLink will 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-l capable Loop. Extension
Technology may be required in order to bring the circuit to the specifications necessary
to accommodate the requested service. lf the circuit design requires Extension
Technology, to bring it up to the design standards, it will be added by CenturyLink, at no
charge. Extension Technology can also be requested by CLEC to meet its specific
needs. lf Extension Technology is requested by CLEC, but is not required to meet the
technical standards, then CenturyLink will provide the requested Extension Technology
and will charge CLEC. CenturyLink will provision ISDN (BRl) capable and xDSL-l
capable Loops using the specifications in the Technical Publication 77384. Refer to that
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document for more information. CLEC will 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.9., removal of load coils or Bridged Taps).
9.2.2.6 For DSI or DS3 capable Loops, CenturyLink will provide the necessary
electronics at both ends, including any intermediate repeaters. ln addition, CLEC will
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 Office and the network interface at the End User Customer
location. DSI capable Loops transport bi-directional DS1 signals with a nominal
transmission rate of 1.544 MbiUs. DSI 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 Otfice 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 MbiVs. DS3 capable
Loops shall meet the design requirements specified in Technical Publications
77384 (Unbundled Loop) and77324 (DS3).
9.2.2.7 CenturyLink is not obligated to provision BRI-|SDN, xDSl-l-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 will provide CLEC access
to Loop qualification information in a nondiscriminatory manner and will provide CLEC
the same Loop qualification information available to CenturyLink. CLEC may request an
audit of CenturyLink's company records, back office 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, lf CLEC has a digital certificate, CLEC may access the Wire
Center Raw Loop Data Tool via http:/lecom.centurylink.com. The Wire Center
Raw Loop Data Tool provides CLEC the following information: Wire Center CLLI
code, cable name, pair name, terminal address, MLT distance, segment (F1, F2),
sub-segment (e.9., 1 of Fl), 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
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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, MLT distance, segment
(F1, F2), sub-segment (e.9., 1 of Fl), 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-GUl 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. lf 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 will inform CLEC of the number of lines found.
lf an ISDN capable Loop is found, the tool identifies the facility and, if applicable,
pair gain.
9.2.2.8.6 lf 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 will perform a manual search of the company's
records, back otfice systems and databases where Loop information resides.
CenturyLink will provide CLEC, via email, the Loop information identified during
the manual search within forty-eight (48) hours of CenturyLink's receipt of
CLEC's request for manual search. The email will contain the following Loop
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. ln the
case of Loops served by digital loop carrier, the email will provide the availability
of spare feeder and distribution facilities that could be used to provision service
to the End User Customer, including any spare facilities not connected to the
Switch and Loop makeup for such spare facilities. After completion of the
investigation, CenturyLink will load the information into the Loop Facilities
Assignment and Control System (LFACS) database, which will 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 lnterconnection Service - Unbundled Loop,
9.2.2.9.1 Basic lnstallation. Basic lnstallation may be ordered for new or
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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
lnstallation 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
lnstallation 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 214 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 lnstallation with Performance Testing. Basic lnstallation
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
lnstallation with Performance Testing 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 CLEC. The
COT and lmplementor/Tester perform the required performance tests to
ensure that the new circuit meets required parameter limits.
9.2.2.9.2.2 The CenturyLink lmplementor/Tester will 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 office email
address.
9.2.2.9.2.3 For new End User Customer service, the Basic
lnstallation 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 lmplementor/Tester on close-out.
Wthin two (2) business days, CenturyLink will email the performance test
results to a single, designated CLEC office email address.
9.2.2.9.3 CoordinatedlnstallationWithCooperativeTesting. Coordinated
lnstallation With Cooperative Testing may be ordered for new or existing service.
For both new and existing service, CLEC must designate a specific "Appointment
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Time" when it submits the LSR. On the Due Date (DD), at CLEC's designated
Appointment Time, the CenturyLink lmplementor/Tester contacts CLEC to
ensure CLEC is ready for installation. lf 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. lf 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. lf CenturyLink fails to perform cooperative testing due to
CenturyLink's fault, CenturyLink will waive the nonrecurring charge for the
installation option. lf CLEC still desires cooperative testing, the Parties will
attempt to set a new Appointment Time on the same day and, if unable to do so,
CenturyLink will 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
lnstallation 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 I mplementorff ester will
contact CLEC, read the CenturyLink test results, and begin CLEC
cooperative testing. Within two (2) business days, CenturyLink will email
the CenturyLink test results to a single, designated CLEC office email
address. CLEC will 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
lnstallation 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
lmplementor/Tester will contact CLEC, read the CenturyLink test results,
and begin CLEC cooperative testing. Within two (2) business days,
CenturyLink will email the CenturyLink test results to a single, designated
CLEC office email address. CLEC will be charged for any Provisioning
test not defined in the CenturyLink Technical Publication 773A4.
9.2.2.9.4 Coordinated lnstallation Without Cooperative Testing.
Coordinated lnstallation Without Cooperative Testing may be ordered for new or
existing service. For both new and existing seryice, 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 lmplementor/Tester
contacts CLEC to ensure CLEC is ready for installation. lf CLEC is not ready
within thirty (30) minutes of the scheduled Appointment Time, then CLEC must
reschedule the installation by submitting a supplemental LSR. lf 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 Time on the same day and, if
unable to do so, CenturyLink will issue a jeopardy notice and a FOC with a new
Due Date.
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9.2.2.9.4.1 For an existing Unbundled Loop this Coordinated
lnstallation Without Cooperative Testing is a "lift and lay" procedure
without a dispatch that offers CLEC the ability to coordinate the
conversion activity. The CenturyLink lmplementor 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 will 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 lmplementorffester 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 will
notify CLEC.
9.2.2.9.5 Basic lnstallation With Cooperative Testing. Basic lnstallation
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
lnstallation 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 toCLEC. Upon completion of CenturyLink performance testing, the
CenturyLink lmplementor/Tester will contact CLEC, read the CenturyLink
test results, and begin CLEC cooperative testing. Within two (2) business
days, CenturyLink will email the CenturyLink test results to a single,
designated CLEC office email address. CLEC and CenturyLink will
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
lnstallation With Cooperative Testing may require 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.
9.2.2.9.5.3 lf CenturyLink fails to perform cooperative testing
due to CenturyLink's fault, CenturyLink will waive the nonrecurring charge
for the installation option. lf CLEC still desires cooperative testing, the
Parties will attempt to set a new Appointment Time on the same day and,
if unable to do so, CenturyLink will 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
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lnsertion Loss = 0 to -8.5 dB at 1004 Hz
Automatic Number ldentification (ANl) when dialtone is present
b) 2-Wire and 4-Wire Non-Loaded Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
lnsertion Loss = 0 to -8.5 dB at 1004 Hz
Automatic Number ldentification (ANl) when dial-tone is present
c) Basic Rate ISDN and xDSl-l-Capable Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
lnsertion Loss = < 40 dB at 40 kHz
Automatic Number ldentification (ANl) 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 lnstallation: A Project Coordinated
lnstallation 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
lnstallation requires up-front planning and may need to be negotiated
between CenturyLink and CLEC. All requests will 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. ln 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). ln special
cases where CLEC is ordering Unbundled Loop with LNP, the FDT must
be agreed upon, the interval to reach agreement will not exceed two (2)
days from receipt of an accurate LSR. ln addition, standard intervals will
apply.
9.2.2.9.7.2 CLEC shall request a Project Coordinated
lnstallation by submitting a Local Service Request (LSR) and designating
this order as a Project Coordinated lnstallation in the remarks section of
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the LSR form
9.2.2.9.7.3 CLEC will incur additional charges for the Project
Coordinated lnstallation 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 will schedule the appropriate number of
employees prior to the cut, normally not to exceed four (4) employees,
based upon information provided by CLEC. lf the Project Coordinated
lnstallation includes LNP, CLEC will also have appropriate personnel
scheduled for the negotiated FDT. lf 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. lf the installation is either
cancelled, or supplemented to change the Due Date, within twenty-four
(24) hours of the negotiated FDT, CLEC will be charged a one (1) Person
three (3) hour minimum charge. For Project Coordinated lnstallations
with LNP, if the Coordinated lnstallation 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 lf CLEC orders Project Coordinated lnstallation 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. lf 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. lf CLEC is in error then a supplemental order shall be
provided to CenturyLink. lf CenturyLink is in error, no supplemental order
or additional order will be required of CLEC.
9.2.2.9.7.6 lf CLEC orders Project Coordinated lnstallation with
LNP, CenturyLink shall ensure that any LNP order activity requested in
conjunction with a Project Coordinated lnstallation 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 ln order to properly maintain and modernize the network, CenturyLink
may make necessary modifications and changes to Unbundled Loops, ancillary and
Finished Services in its network on an as needed basis. Such changes may result in
minor changes to transmission parameters. Changes that atfect network lnteroperability
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require advance notice pursuant to the Notices Section of this Agreement
9.2.2.12 lf there is a conflict between an End User Customer (or its respective
agent) and CLEC regarding the disconnection or Provisioning of Unbundled Loops,
CenturyLink will advise the End User Customer to contact CLEC, and CenturyLink will
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 facilities for network
management purposes. CenturyLink will coordinate entry dates and times with
appropriate CLEC personnel to accommodate testing, inspection repair and
maintenance of such facilities and lines. CLEC will 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 lntentionally Left Blank.
9.2.2.15 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 will
notify CLEC of the loss of the End User Customer, and will 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 \y'/hen 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 will disconnect the Loop CenturyLink provided the Current Service
Provider and, at CLEC's request, where technically compatible, will reuse the
Loop for the service requested by CLEC (e.9., resale service).
9.2.2.15.3 \Men CLEC contacts CenturyLink with a request to convert an
End User Customer from CenturyLink to CLEC, at CLEC request, CenturyLink
will 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 will 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
will send a Loss Notification report to the original competitive Canier signifying
completion of the loss,
9.2.2.16 Lack of Facilities; Priority Right to Facilities. ln 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
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days. lf 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 facilities 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 2l4Wre Analog Loop (Voice Grade) Recurring and Nonrecurring rates.
9.2.3.2 2l4Wre Non-Loaded Loop Recurring and Nonrecurring rates
9.2.3.3 DS1 and DS3-Capable Loop, Basic Rate (BRl) ISDN and xDSL-l-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 (BRl) ISDN and xDSL-l Capable Loops.
9.2.3.5 Conditioning Nonrecurring rates for 214 wire non-loaded Loops, Basic
Rate (BRl) ISDN and xDSL-l 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 lnstallations
9.2.3.7.1 lntentionally Left Blank.
9.2.3.7.2 lntentionally Left Blank.
9.2.3.7.3 lntentionally Left Blank
9.2.3.7.4 lntentionally 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 will 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.
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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 a2l4 wire non-loaded Loop, ISDN
capable Loop or xDSL-l 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. lf Loop
conditioning is required, CLEC may authorize CenturyLink to perform
such Loop conditioning on its LSR. lf CLEC does not pre-approve Loop
conditioning, CenturyLink will assume that CLEC has determined that
Loop conditioning is not necessary to provide the xDSL service CLEC
seeks to offer. lf CLEC or CenturyLink determines that conditioning is
necessary, and CLEC authorizes CenturyLink to perform the conditioning,
CenturyLink will perform the conditioning. CLEC will be charged for the
conditioning in accordance with the rates in Exhibit A. lf CenturyLink
determines that conditioning is necessary and CLEC has not previously
authorized CenturyLink to perform the conditioning on the LSR,
CenturyLink will send CLEC a rejection notice indicating the need to
obtain approval for conditioning. CLEC must submit a revised LSR
before the conditioning work will 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 214 wire non-loaded Loop, ISDN-capable
Loop, and xDSL-l-capable Loop, or DS1-capable Loop, CenturyLink will
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 will
indicate that CenturyLink has identified a Loop assignment. Such FOC
will provide CLEC with a firm Due Date commitment or indication that
appropriate facilities are not available to fill CLEC's order.
9.2.4.3.1.2.1 lf CLEC has pre-approved Loop
conditioning, and conditioning is not necessary, CenturyLink will
return the FOC with the standard interval (i.e., five (5) days).
9.2.4.3.1.2.2 lf CLEC has not pre-approved Loop
conditioning and CenturyLink determines that the Loop contains
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load coils, CenturyLink will notify CLEC via a reject notification.
CLEC must submit a new version of the LSR approving Loop
conditioning. ln this scenario, the Application Date will correspond
to the date the new version is received by CenturyLink.
9.2.4.3.1.2.3 lntentionally Left Blank.
9.2.4.3.1.2.4 lntentionally Left Blank.
9.2.4.4 lnstallation intervals for all Unbundled Loops are defined in Exhibit C.
The interval will 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 intervalwill 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 will reply to CLEC with a
Firm Order Confirmation within the time specified in Section 20. The Firm Order
Confirmation will contain the Due Date that specifies the date on which
CenturyLink will provision the Loop. CenturyLink wilt implement adequate
processes and procedures to assure the accuracy of the commitment date. lf
CenturyLink must make changes to the commitment date, CenturyLink will
promptly issue a jeopardy notification to CLEC that will clearly state the reason
for the change in commitment date. CenturyLink will also submit a new Firm
Order Confirmation that will clearly identify the new Due Date.
9.2.4.5 lnstallation intervals for Unbundled Loops apply when CenturyLink has
facilities or network capacity available.
9.2.4.6 Upon CLEC request, CenturyLink will 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 lntentionally 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 to
provide.
9.2.4.9
the Loop.
The installation interval for xDSL Loops depends on the need to condition
9.2.4.9.1 V/hen load coils and Bridged Taps do not exist, CLEC may
request the standard Due Date interval, which will apply upon submission of a
complete and accurate LSR.
9.2.4.9.2 V/hen load coils and/or Bridged Taps do exist, CLEC will
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. lf CLEC did
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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 lnstallations
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 lnstallation outside of
CenturyLink's standard installation hours. lnstallations requested outside of
standard installation hours are considered to be out of hours lnstallations.
9.2.4.10.2 lntentionally Left Blank.
9.2.4.10.3 To request out of hours Coordinated lnstallations, CLEC will
submit an LSR designating the desired appointment time. CLEC must specify an
out of hours Coordinated lnstallation in the "remarks" section of the LSR.
9.2.4.10.4 The date and time for out of hours Coordinated lnstallations 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 will have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. CLEC will perform trouble isolation on the Unbundled Loop and any
associated ancillary services prior to reporting trouble to CenturyLink. CLEC shall have
access for testing purposes at the NID or Loop Demarcation Point. CenturyLink will
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 will 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 \Men CLEC requests that CenturyLink perform trouble isolation with
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. lf 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. lf a trouble ticket with test results is
accepted by CenturyLink, and CenturyLink determines that the trouble is on CLEC's or
the End User Customeds side of the Loop Demarcation Point, a Maintenance of Service
charge applies. lf CLEC elects not to perform trouble isolation and CenturyLink
performs tests on the Unbundled Loop at CLEC's request, a Maintenance of Service
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charge applies. Maintenance and Repair processes are set forth in Section 12.3 of this
Agreement.
9.2.5.4 CenturyLink will 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 will 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 will provide 214 Wue non-loaded Loops, ISDN-capable
Loops, xDSL-l-capable Loops, DS'1-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 lnteroperability Council (NRIC) to the FCC,
such as guidelines set forth inTl-417.
9.2.6.2 When ordering xDSL Loops, CLEC will provide CenturyLink with
appropriate information using NCINCI 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 Services 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 will
operate if the technology fits 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 lnformation and CenturyLink may not
distribute, disclose or reveal, in any form, this material other than as allowed and
described in subsections of 9.2.6.2.
9.2.6.2.2 The Parties may disclose, on a need to know basis only, CLEC
Confidential lnformation 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. ln no case shall the
aforementioned personnel who have access to such Confidential lnformation be
involved in CenturyLink's retail marketing, sales or strategic planning.
9.2.6.3 lf 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,
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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 will
place such Tls, 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 Tls with a technology that will eliminate undue interference
problems. CenturyLink also agrees that any future "known Disturbe/' defined by the
FCC or the Commission will be managed as required by FCC rules.
9.2.6.5 lf 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 will 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 lf CLEC is unable to isolate trouble to a specific pair within the binder
group, CenturyLink, upon receipt of a trouble resolution request, will perform a main
frame pair by pair analysis and provide results to CLEC within five (5) business days.
9.2.6.7 lntentionally Left Blank.
9.2.6.8 CenturyLink will 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. lt shall be presumed that the costs of such mitigation
will not be chargeable to any CLEC or to any other Customer; however, CenturyLink
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 sufficient 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.9., DSI 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
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End User Customefs premises. The provisioning intervals for converting from private
line/special access to Unbundled Loop are located in the Service lnterval Guide (SlG),
Additional information can be found in the Product Catalog for Unbundled Loop.
9.3
9.3.1
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Subloop Unbundling
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 Office),
including inside wire owned or controlled by CenturyLink, and terminates at the End
User Custome/s premises. An accessible 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 lnterface Device, minimum point of entry, single point of lnterconnection,
Remote Terminal, Feeder Distribution lnterface (FDl), or Serving Area lnterface (SAl).
CLEC shall not have access on an unbundled basis to a feeder Subloop defined as
facilities extending from the Central Office to a terminal that is not at the End User
Customer's 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 Office and the End User Custome/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
reliability of the facilities of CenturyLink and other CLECS, (5) the engineering
and operations standards and practices to be applied at CenturyLink facilities
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.
9.3.1.1.3 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.
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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. lf 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 Term inals.
9.3.1.1.4.2 Detached Terminals: All accessible terminals other
than MTE Terminals.
9.3.1.1.5 lntentionally Left Blank.
9.3.1.2 Standard Subloops available.
a) Two-Wire/Four Wire Unbundled Distribution Loop
b) lntentionally Left Blank
c) Two-Wire/Four Wire Non-loaded Distribution Loop
d) lntrabuilding Cable Loop
9.3.1.3 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
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 Office location
where it is Technically Feasible. The FCP interconnects CLEC facilities 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
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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 will have access to the equipment placed within
the Collocation for maintenance purposes. However, CLEC will not have access
to the FCP lnterconnection point.
9.3.1.5 MTE Point of lnterconnection (MTE-POI)
9.3.1.5.1 A MTE-POI is necessary when CLEC is obtaining access to the
Distribution Loop or lntrabuilding Cable Loop from an MTE Terminal. CLEC must
create the cross connect field at the building terminal that will 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 lntentionally Left Blank.
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 lnterface Device (NlD) 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
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CenturyLink accessible terminal to the Demarcation Point or Network lnterface
Device (NlD) 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. lf the response is affirmative, CenturyLink will dispatch a technician to
"condition" the Distribution Loop by removing load coils and excess Bridged Taps
(i.e., "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. lf 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 lntrabuilding 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 property,
owned by one (1) Person or entity, on which there are multiple buildings.
9.3.2.2 lntentionally Left Blank.
9.3.2.2.1 lntentionally Left Blank.
9.3.3 MTE Terminal Subloop Access: Terms and Conditions
9.3.3.1 Access to Distribution Loops or lntrabuilding 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.
9.3.3.2 To obtain such access, CLEC shall complete the "MTE-Access Ordering
Process" set forth in Section 9.3.5.4.
9.3.3.3 The optimum point and method to access Subloop elements will be
determined during the MTE Access Ordering Process. The Parties recognize a mutual
obligation to interconnect in a manner that maintains network integrity, reliability, 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 will 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
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CenturyLink to rearrange its facilities.
9.3.3.5 lf 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. ln 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. lf 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. ln 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 the extended interval. lf 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 lf 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 lf 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
lnterconnection (SPOI) to serve the MTE, CenturyLink will either rearrange facilities 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. ln 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. ln such instances, CLEC shall pay the applicable charge,
identified in Exhibit A, which shall be lCB, based on the scope of the work required.
9.3.3.7.1 lf CenturyLink must rearrange its MTE Terminal to make space
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. ln 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 lf 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 lndividual Case Basis.
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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 property 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. lf 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
comportwith 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
power companies, property owners and similar third parties, when it seeks to
interconnect its equipment at Subloop access points, will 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 will
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 will be
terminated in the CenturyLink FCP location. CenturyLink will terminate the cable
in the CenturyLink accessible terminal if termination capacity is available. lf
termination capacity is not available, CenturyLink will expand the FDI at the
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request of CLEC if Technically Feasible, all reconfiguration costs to be bome by
CLEC. ln this situation only, CenturyLink shall seek to obtain any necessary
authorizations or rights of way required to expand the terminal. lt will 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 will be responsible for placing the
cable from the CenturyLink FCP to its equipment. CenturyLink will 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
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 lf 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 insufficient space in the accessible terminal to
accommodate the FCP, or that the requested lnterconnection 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. lf
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.
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.
9.3.5.2 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
will 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
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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.
9.3.5.3 lntentionally Left Blank.
9.3.5.4 Additional Terms for MTE Terminal Subloop Access - [VITE-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. ln 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. ln the
event that CLEC provides CenturyLink with a written claim by an authorized
representative of the MTE owner that such owrer 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.
9.3.5.4.1.1 lntentionally Left Blank.
9.3.5.4.2 lf the MTE owner owns the facilities on the Customer side of the
terminal, CLEC may obtain access to all facilities in the building in accordance
with Section 9.5 conceming access to unbundled NlDs.
9.3.5.4.3 lf CenturyLink owns the facilities on the Customer side of the
terminal and if CLEC requests space to enter the building and terminate its
facilities and CenturyLink must rearrange facilities 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 will populate the LSR with the termination information provided by CLEC
at the completion of the inventory process except when submitting LSRs during
the creation of the inventory.
9.3.5.4.5 lf CLEC orders lntrabuilding 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. lf CLEC ordered a Subloop type other than lntrabuilding
Cable Loop, CenturyLink will 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
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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. lf 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 will 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 will 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
FCP in which CLEC will 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 lf CenturyLink denies a request for Cross
Connect Collocation in a CenturyLink Premises due to space
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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 will 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. lf,
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. ln addition, if after the fact it is
determined that CenturyLink has incorrectly identified the space
limitations, CenturyLink will 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 will 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. lf
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.
ln 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.
9.3.6 Rate Elements
Exhibit A provides recurring and nonrecurring rates for Subloop and also provides
M iscellaneous Charges.
9.3.6.1 All Subloop Types
9.3.6.1.1 Recurring Charges - CLEC will 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.
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9.3.6.2
9.3.6.3
lntentionally Left Blank.
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
will 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 terminalfor 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 lnventory
nonrecurring 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 will 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 will 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 services 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 will maintain all of its
facilities and equipment in the accessible terminal and CLEC will maintain all of its
facilities and equipment in the accessible terminal.
9.3.7.2 MTE Terminal Subloop Access: CenturyLink will maintain all of its
facilities and equipment in the MTE and CLEC will maintain all of its facilities and
equipment in the MTE.
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9.4 lntentionally Left Blank
9.5 Network lnterface Device (NlD)
9.5.1 Description
The CenturyLink NID is defined as any means of lnterconnection 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. lf CLEC seeks to
access a NID as well as a Subloop connected to that NlD, it may do so only pursuant to Section
9.3. lf CLEC seeks to access only a NID (i.e., 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 NlD, or at
any other Technically Feasible point. The NID carries with it all features, functions and
capabilities 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 Custome/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
protec{ive 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. lf CLEC orders Unbundled Loops on a reuse basis, the existing drop and CenturyLink's
NlD, 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 NID as
more specifically set forth in Section 9.2. The NID is otfered 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 NlD.
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 lntentionally Left Blank
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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 lnterconnection point is
required. lf CLEC installs its own NlD, CLEC may connect its NID to the CenturyLink
NID by placing a cross connect between the two. When Provisioning a NID-toNlD
connection, CLEC will isolate the CenturyLink facility in the NID by unplugging the
modular unit. lf CLEC requires that a non-modular unit be replaced with a modular NlD,
CenturyLink will perform the replacement for the charge described in Section 9.5.3.1. lf
CLEC is a facilities-based provider up to and including its NlD, the CenturyLink facility
currently in place, including the NlD, 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 NlD. Future installation of
CenturyLink NlDs will be such that it will not unnecessarily impede access to the
End User Custome/s 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-NlD
connections.
9.5.2.1.5 Upon CLEC request, CenturyLink will make other
rearrangements to the inside wire terminations or terminal enclosure. Charges
will be assessed per Section 9.5.3.4. No such charge shall be applicable if
CenturyLink initiates the rearrangement of such terminations. ln all such
instances, rearrangements shall be performed in a non-discriminatory fashion
and timeframe and without an End User Customefls perceivable disruption in
seryice. CenturyLink will not make any rearrangements of wiring that is provided
by another Carrier that relocates the other Carrieds test access point without
notifying the affected Carrier promptly after such rearrangement if CLEC has
properly labeled its cross connect wires.
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 will 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.
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9.5.2.3 When CLEC accesses a CenturyLink NlD, 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 NlDs, 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 will 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 will interface
on industry standard lugs or a binding post type of termination and then extend, via a
Cross Connection, to the End User Customer's on-premises wiring.
9.5.2.5 lf so requested by CLEC, CenturyLink shall allow CLEC to connect its
Loops directly to the protector field at CenturyLink NlDs that have unused protectors and
are not used by CenturyLink or any other Telecommunications Carrier to provide service
to the premises. lf CLEC accesses the CenturyLink protector field, it shall do so on the
distribution side of the protector field only where spare protector capacity exists. ln such
cases, CLEC shall only access a CenturyLink NID protector field in cable increments
appropriate to the NlD. lf twenty-five (25) or more metallic cable pairs are
simultaneously terminated at the MTE NlD, additions must be in increments of twenty-
five (25) additional metallic pairs. ln 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
NlD, and Exhibit A also provides Miscellaneous Charges.
9.5.3.1 lf CLEC requests the current simple NID be replaced with a different
simple NlD, 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 NlD, 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 V/hen CLEC requests that CenturyLink perform the work to connect its
NID to the CenturyLink NlD, the costs associated with CenturyLink performing such work
will be charged to CLEC as additional labor - other Miscellaneous Charges.
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 will be charged for any change-out CenturyLink performs pursuant
to Section 9.5.2.2. CLEC will be billed only for the portion of the change-out that is
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specific to CLEC's request for modified/additional capacity. Charges will be assessed as
additional labor - other fvliscellaneous Charges.
9.5.4 Ordering Process
9.5.4.1 lntentionally Left Blank.
9.5.4.2 CLEC may access a MTE NID after determining that the terminal in
question is a NlD, per the process identified in Section 9.3. lf the terminal is a NID and
CLEC wishes to access the End User Customer field of the NlD, 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 NlD, CLEC shall submit a LSR for
connection to the NlD. CenturyLink shall notify CLEC, within ten (10) business
days, if the connection is not Technically Feasible. ln 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 infeasibility 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 NlDto-NlD
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 lf 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. lf the
facilities and lines have been removed from the protector field or damaged by CLEC,
CLEC will be responsible for all costs associated with returning the facilities and lines
back to their original state. This work is billed to CLEC as additional labor - other
Miscellaneous Charges. Maintenance and Repair processes are contained in the
Access to OSS Section of this Agreement.
9.6 Unbundled Dedicated lnteroffice Transport (UDIT)
CenturyLink shall provide access to Unbundled Dedicated lnteroffice Transport (UDIT) in a non-
discriminatory manner according to the following terms and conditions.
9.6.1 Description
9.6.1.1 Unbundled Dedicated lnteroffice 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
\Mre Center. UDIT is a distance-sensitive, flat-rated bandwidth-specific interoffice
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9.6.2
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.
9.6.1.2 lntentionally Left Blank.
9.6.1.3 lntentionally Left Blank.
Terms and Gonditions
9.6.2.0 lntentionally Left Blank.
9.6.2.0.1 CenturyLink shall unbundle DS1 transport between any pair of
CenturyLink Wire Centers except where, through application of "Tief'
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 "Tief'
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 lntentionally 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 Eligibility 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 will perform requested
and necessary Cross Connections between UNEs in the same manner that it would
perform such Cross Connections for its End User Customers or for itself. lf not ordered
as a combination, CLEC is responsible for performing Cross Connections at its
Collocation or other mutually determined Demarcation Point between UNEs and
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ancillary or Finished Services, and for transmission design work including regeneration
requirements for such connections. Such Cross Connections will not be required of
CLEC when CLEC orders a continuous UDIT element from one point to another.
9.6.2.2 lntentionally Left Blank.
9.6.2.3 Wth 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 will ensure the cable between the CenturyLink-provided
active elements and the DSX will meet the proper signal level requirements. Channel
regeneration will not be charged for separately for lnterconnection between a Collocation
space and CenturyLink's network. Cable distance limitations are based on ANSI Standard
T1.102.1993 "Digital Hierarchy - Electrical lnterface; Annex B."
9.6.2.4 lntentionally Left Blank.
9.6.2.5 lntentionally Left Blank.
9.6.2.6 lntentionally Left Blank.
9.6.2.7 lntentionally Left Blank.
9.6.2.8 lntentionally Left Blank.
9.6.2.9 Upon CLEC request, CenturyLink will convert special access or private
line circuits to UDIT, provided the service originates at CLEC's Collocation in the Serving
\Mre 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. ln 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
term inating CenturyLink Wire Centers.
c) lntentionally Left Blank.
d) DS1 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS1 service.
e) lntentionally Left Blank
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9.6.3.2 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. ln addition to the fixed rate
element, a per-mile rate element, as described below, also applies.
b) DS3 Transport Facilities (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) lntentionally Left Blank.
d) DS3 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS3 service.
e) lntentionally Left Blank.
9.6.3.3 DSO UDIT includes the following rate elements
a) DSO Transport Termination (Fixed). This recurring rate element
provides a 64 Kbps termination. ln addition to the flxed 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.
9.6.3.4 lntentionally Left Blank.
9.6.3.5 lntentionally Left Blank.
9.6.3.5.1 IntentionallyLeft Blank.
9.6.3.6 Nonrecurring charges apply for rearrangements of UDIT
9.6.3.7 lntentionally Left Blank.
9.6.3.8 lntentionally Left Blank.
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.
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a) Additional labor - other
b) Cancellation
c) Design Change
d) Dispatch
e) ExPedite
0 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 OSS Section of this
Agreement.
9.6.4.1.2 lntentionally Left Blank.
9.6.4.1.3 The intervalwill 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 will 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 lntentionally 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 will
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 C and CLEC cancels
its order no later than ten (10) days before such original 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.
9.6.4.2 UDIT is ordered with basic installation. CenturyLink will install the UDIT
extending connections to CLEC Demarcation Point and will notify CLEC when the work
activity is comPlete.
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9.6.4.3 lntentionally Left Blank.
9.6.4.4 lntentionally Left Blank.
9.6.4.5 CenturyLink will perform industry standard tests, set forth in Technical
Publication 77389, when installing 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, Netwok Channel lnterface
Code (NCl) and billing.
9.6.4.7 CLEC will submit an Access Service Request (ASR) for rearrangement
including appropriate termination information (e.9., Connecting Facility Assignment
(CFA) or Network ChannelCodes/Network Channel lnterface Codes (NC/NCI) codes).
9.6.5 Maintenance and Repair
9.6.5.1 The Parties will perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC
and CenturyLink Cross Connections will be repaired by CenturyLink. Maintenance and
Repair processes are contained in the Access to OSS 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 UDlTs.
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. lf CLEC desires a coordinated rearrangement of
terminations or options changes, additional labor installation as identified in Exhibit A
shallapply.
9.6.6.3 CLEC will submit an ASR with the rearrange USOC and appropriate
termination information (e.9., CFA) or NC/NCI codes (Network Channel Codes/Network
Channel lnterface 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 interoffice transmission facilities.
9.7.1 Description
Unbundled Dark Fiber (UDF) is a deployed, unlit strand or strands of fiber that connects two (2)
\Mre Centers within CenturyLink's network within the same I-ATA or state. UDF exists in two (2)
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distinct forms: (a) UDF interoffice facility (UDF-|OF), 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 party atfiliated or not, that do not prohibit CenturyLinKs
ability to provide access to another Person or entity. Deployed Dark Fiber facilities shall not be
limited to facilities owned by CenturyLink, but will 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 lndefeasible Right to Use (lRUs) 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 Affiliate: (a) the actual practice and custom as between CenturyLink and the Affiliate shall
apply, in the event that it provides broader access 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 Affiliate 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 "Tier" 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 will provide CLEC with non-discriminatory access to UDF in
accordance with Section 9.1. CenturyLink will 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/d istributio n i nterface.
9.7.2.2.3 lntentionallyLeftBlank.
9.7.2.3 CenturyLink will 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,
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.
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9.7.2.4 CenturyLink will provide Unbundled Dark Fiber to CLEC in increments of
one (1) or two (2) strands. CLEC may obtain up to twenty-five percent (25o/o) 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. Efficient use of UDF MTE Subloop
fiber is defined as providing a minimum of OC-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 will 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 will 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. ln 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.
lf 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 lntentionally Left Blank.
9.7.2.7 Specifications, interfaces and parameters for Dark Fiber are described in
CenturyLink's Technical Publication 77 383.
9.7.2.8 CLEC is responsible for trouble isolation before reporting trouble to
CenturyLink.
9.7.2.9 lntentionally 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
Customers at the time of CenturyLink's notice to CLEC. ln 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. ln such proceeding, CLEC shall not object to using the most expeditious
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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 (5olo)
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 lntentionally 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-Io-CLEC connections with UDF for the mutual exchange
of traffic 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 lntentionally 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 will incur all costs associated with disconnecting the UDF from its
side of the network Demarcation Point.
9.7.2.17 CenturyLink and CLEC will 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 fumish 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 will
provide light generating equipment. lf CLEC does not identify the Wire Center on
its order, CenturyLink and CLEC shall mutually agree on the Wire Center at
which CLEC will provide the light generating equipment.
9.7.2.17.2 lntentionallyLeftBlank.
9.7.2.17.3 lntentionallyLeft Blank
9.7.2.18 lf, within ten (10) Days of the date CenturyLink provisioned an orderfor
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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 will at no additional cost, attempt to repair the UDF as it relates to
CenturyLink cross connects and jumpers. lf CenturyLink cannot repair the UDF to the
minimum parameters set forth in Technical Publication 77383, CenturyLink will replace
the UDF if suitable UDF pair(s) are available, at no additional nonrecurring charge. lf
CenturyLink cannot replace the UDF upon receipt of CLEC's disconnect order,
CenturyLink will refund the nonrecurring charges associated with the Provisioning
excluding lRl, FVQP and Field Verification and will discontinue all recurring charges.
9.7.2.19 lntentionally Left Blank.
9.7.2.20 lntentionally 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 availability 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 will 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 lf there is UDF available, the UDF simple inquiry response and
the complex inquiry response will contain up to five (5) available UDF routes
between the ClEC-specified end locations. lf additional routes are available,
CenturyLink will notify CLEC that such additional routes exist and negotiate how
that additional information will be made available.
9.7.3.2 CLEC will 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. lf 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 for UDF. 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. lf the preliminary
APOT address is changed by CLEC, a new Provisioning time line for UDF must be
established.
9.7.3.3 Based on the CLEC request, (UDF-IOF or UDF MTE Subloop), there are
two (2) possible termination scenarios.
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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. lf
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 will prepare and submit to CLEC a quotation along
with the original Field Verification Quote Preparation form (FVQP) within the
interval set forth in Exhibit C. Quotations are on an lndividual Case Basis (lCB)
and will include costs and an interval in accordance with Exhibit C.
9.7.3.3.2 lntentionally 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 will 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 will be notified that Provisioning is complete and the
remaining nonrecurring charges and associated recurring charges will be billed.
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. lf 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), sixty (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 will be assessed at the time of installation.
9.7.4 Maintenance and Repair
9.7.4.1 The Parties will perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC
and CenturyLink Cross Connections will be repaired by CenturyLink. Maintenance and
Repair processes are contained in the Access to OSS Section of this Agreement.
9.7.4.2 lf 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 will attempt to repair the UDF as it relates to
CenturyLink cross connects and jumper at no additional cost. lf CenturyLink cannot
repair the UDF to the minimum parameters set forth in Technical Publication 77383, then
CenturyLink will replace the UDF at no additional cost if suitable UDF pair(s) are
available. lf CenturyLink cannot replace the UDF with available pairs, then it, upon
receipt of CLEC's disconnect order, will discontinue the recurring charges effective as of
the date of the commencement of the trouble.
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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) lnitial Records lnquiry (lRl). 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 lRl determines if UDF is
available between two (2) CenturyLink Wire Centers. A complex lRl is used to
determine if a UDF MTE Subloop is available. CenturyLink will bill CLEC the lRl
immediately upon receipt of the inquiry. The lRl is a record search and does not
guarantee the availability of UDF.
b) Field Verification and Quote Preparation (FVOP). 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 will
prepare a quotation which will 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 will be good for thirty (30)
Days. The FVQP is not necessary when the request is between CenturyLink
Wire Centers (i.e., simple lRl). lf 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 will 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 interoffice
FDP within the CenturyLink Wire Center. Two (2) UDF-IOF terminations
apply per cross connect provided on the facility. Termination charges
apply for each intermediate office 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
is mileage sensitive based on the route miles of the UDF rounded up to
the 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 FDP to CLEC's optical Demarcation
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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 FDP or like cross connect point. The nonrecurring rate
will not be charged for cross connects already in place prior to CLEC's
order for UDF-lOF.
9.7.5.2.2 lntentionallyLeft Blank.
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Unbundled Dark Fiber - Order Charge, First Strancl/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
Strand/Route, Per Order.
Fiber - Order Charge, Each Additional
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 FDP within the CenturyLink \Mre Center. Two UDF-IOF
terminations apply per pair at each end of the facility. Termination
charges apply for each intermediate Central Office terminating at an FDP
or like cross connect point.
9.7.5.2.6.2 UDF-IOF Fiber Transport, (Pair) Rate Element. This
rate element is a recurring 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
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 will not be charged for cross
connects already in place prior to CLEC's order for UDF-IOF.
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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
Pair/Route, Per Order, Per Location, Per Request.
Charge, Each Additional
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 nonrecuning 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 (lndividual
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.
9.8
9.9
9.10
9.11
9.12
9.13
9.14
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9.16
9.17
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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 ConstructionCharges
CenturyLink will 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.
\Men CenturyLink constructs to fulfill CLEC's request for UNEs, CenturyLink will bid this
construction on a case-by-case basis. CenturyLink will 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 CenturyLink 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 will undertake
requested construction. Some circumstances under which CenturyLink will reject a construction
request include, but are not limited to, if it is determined that the requested element will
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. lf CenturyLink agrees to
construct a network element, the following will 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 facility work or assignments. CRUNEC is not available
for requests for facilities that are not offered as UNEs. CenturyLink's CRUNEC applies to the
following Wholesale products and services:
. Enhanced Extended Loop (EEL)
. Unbundled Subloop
. Unbundled Dark Fiber (UDF)
. Unbundled Dedicated lnteroffice 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.
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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
will 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 will 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 will refund the Construction
payment, excluding expenditures already incurred by CenturyLink for work completed
(including work Engineered, Furnished and/or lnstalled (EF&l)). CenturyLink will provide
a brief description of work completed.
9.19.3.3.1 EF&l is defined as
. Engineering labor to analyze the needs for the requested UNE and
design and issue the required work orderso Furnished material cost. lnstallation 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&|, that CenturyLink uses to assess
whether to build the equivalent facilities for itself.
9.20
9.21
9.21.1
9.19.3.5 Rates are included in Exhibit A to this Agreement.
lntentionally Left Blank
Line Splitting
Description
Line Splitting provides CLEC/DLEC 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
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service. The Splitter separates the voice and data tratfic and allows the copper Loop to be used
for simultaneous DLEC data transmission and CLEC provided voice service to the End User.
'CLEC" will 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.
9.21.2 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 Office equipment Collocation set by the
FCC or be compliant with ANSI Y.413.
9.21.2.1.3 CLEC/DLEC 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 will be able to request conditioning on the
Unbundled Loop portion of the Line Splitting arrangement. CenturyLink will
perform requested conditioning of shared Loops to remove load coils and excess
Bridged Taps. lf 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 CLEC/DLEC: via the standard Collocation arrangements set forth in
the Collocation Section; of this Agreement. Under either option, Splitters will 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
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 lntentionallyLeftBlank
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.
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9.21.3.1 Recurring Rates for Line Splitting
9.21.3.1.1 lnterconnection TIE Pairs (lTP). A monthly recurring charge to
recover the costs associated with the use of 2 lTPs, 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 lnstallation Charge for Line Splitting - A nonrecurring
charge for each Line Splitting arrangement installed will 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 lsolation Charge - A nonrecurring charge for Trouble
isolation will 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
will apply in accordance with Exhibit A, Section 9.20.4.
9.21.3.4 Rates for Splitter Collocation are included in Section 8.1.2O 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 will be subject to true-up based on either
mutually agreed permanent rates or permanent rates established in a cost proceeding
conducted by the Commission. ln the event interim rates are established by the
Commission before permanent rates are set, the interim rates set forth in Exhibit A will
be changed to reflect the interim rates set by the Commission; however, no true up will
be performed until mutually agreed to permanent rates are established or permanent
rates are established by the Commission.
9.21.4 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 will
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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 will 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 lDF.
9.21.4.1.3 Basic Installation "lift and lay" procedure will be used forall 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 lf 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.
9.21.5 Billing
9.21.5.1 lntentionally Left Blank.
9.21.5.2 CenturyLink shall bill the Customer of record for all recurring and
nonrecurring Line Splitting rate elements.
Repair and Maintenance
9.21.6.1 CenturyLink will 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 will be responsible for reporting to CenturyLink
voice service troubles provided over Line Splitting. CenturyLink will be responsible to
repair troubles on the physical line between Network lnterface Devices at the Customer
premises and the demarcation point in CenturyLink Wire Centers. CLEC/DLEC will be
responsible for repairing data services provided on Line Splitting. CenturyLink, CLEC
and DLEC each will be responsible for maintaining its equipment. The entity that
controls the Splitters will be responsible for their maintenance.
9.21.6.3 lntentionally 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 will leave one (1)
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unused, spare Splitter card in every shelf to be used for repair and maintenance until
such time as the card must be used to flll 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 Office equipment set by the FCC.
9.21.6.6 CenturyLink, CLEC and DLEC will work together to address End User
initiated repair requests and to prevent adverse impacts to the End User.
9.21.7 Gustomer 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 bill 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 and9.21.7.3 to perform Ordering and/or Maintenance and
Repair functions.
9.21.7.2 ln 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 will allow the authorized
agent to access the records of the Customer of record. Such arcess will 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 willful or negligent behavior of CenturyLink.
9.22 lntentionally 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 will 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 will make
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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
CenturyLink 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.9., 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.9.,
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 will be subject to the
terms and conditions in Section 9.1. ln 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
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 will 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.
Vr/hen CLEC orders in combination UNEs that are currently interconnected and
functional, such UNEs shall remain interconnected or combined as a woking service
without any disconnection or disruption of functionality.
9.23.1.4 When ordered in combination, CenturyLink will combine for CLEC UNEs
that are ordinarily combined in CenturyLink's network, provided that facilities are
available.
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9.23.1.5 \y'Uhen ordered in combination, CenturyLink will 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 lsTechnicallyFeasible;
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 will combine CLEC UNEs with
CenturyLink UNEs, provided that facilities are available and such combination:
9.23.1.6.1 IsTechnicallyFeasible;
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. lf CLEC desires access to a different UNE
Combination, CLEC may request access through the Special Request Process set forth in this
Agreement. CenturyLink will 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 Billing rate elements are contained in
this Agreement. lf 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.
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, will be equal between all Carriers requesting
access to that UNE Combination; and, where Technically Feasible, the access and UNE
Combination provided by CenturyLink will be provided in "substantially the same time
and manned' to that which CenturyLink provides to itself. ln 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 lntentionally Left Blank.
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9.23.3.3 lntentionally Left Blank.
9.23.3.4 lntentionally Left Blank.
9.23.3.5 lntentionally Left Blank.
9.23.3.6 lntentionally Left Blank.
9.23.3.7 Enhanced Extended Loop (EEL) -- EEL is a combination of Loop and
dedicated interotfice transport and may also include multiplexing. EEL transport and
Loop facilities may utilize DSO through DS3 bandwidths. The terms and conditions of
Section 9.6 shall apply to the Unbundled Dedicated lnteroffice 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 (DSl 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.9., 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 lnteroffice Transport (UDIT) to create high
capacity EELs unless CLEC certifies to CenturyLink that the EELs meet the
Service Eligibility Criteria in Section 9. 1.1 .10.
9.23.3.7.2 lntentionallyLeft Blank.
9.23.3.7.2.1 lntentionally Left Blank.
9.23.3.7.2.2 lntentionally Left Blank.
9.23.3.7.2.3 lntentionally Left Blank.
9.23.3.7.2.4 lntentionally Left Blank.
9.23.3.7.2.5 lntentionally Left Blank.
9.23.3.7.2.6 lntentionally Left Blank.
9.23.3.7.2.7 lntentionally Left Blank.
9.23.3.7.2.8 lntentionally Left Blank.
9.23.3.7.2.9 lntentionally Left Blank.
9.23.3.7.2.10 lntentionally 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
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9.1 .1. CenturyLink will 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 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 EEL service arrangement. Provisioning intervals
applicable to services included in a requested Commingled service
arrangement will 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 lntentionallyLeftBlank.
9.23.3.7.2.12 EEL is a combination of Loop and dedicated
interoffice 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 Terms and Conditions
9.23.3.7.2.12.2 lntentionally 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
Loops and interoffice transport of different bandwidths
(multiplexed EEL).
9.23.3.7.2.12.5 lntentionally Left Blank.
9.23.3.7.2.12.6 lnstallation intervals are set forth in Exhibit
C and in the Service lnterval Guide (SlG) on the following web site
address: http://www.centurvlink.com/carrier/ouideslsiq/index. html.
9.23.3.7.2.12.7 lntentionallyLeftBlank.
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
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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 lntentionallyLeftBlank.
9.23.3.8.2 CLEC will submit EEL orders using the LSR process
9.23.3.8.3 CenturyLink will install the appropriate channel card based on
the DSO EEL Loop LSR order and apply the charges.
9.23.3.8.4 lntentionally 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 lnstallations: CLEC may
request prqect 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. lnstallations 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 will be processed on a first
come, first served basis and are subject to CenturyLink's ability 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.
9.23.3.8.6.2 To request out of hours protect coordinated
installations, CLEC will submit an LSR designating the desired
appointment time. CLEC must specify an out of hours project
coordinated lnstallation 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
M iscellaneous 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
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interoffice facilities between CenturyLink Wire Centers. EEL Transport is
available in DS0, DS1, and DS3 bandwidths. Recurring charges apply.
9.23.3.9.3 EEL Multiplexing. EEL multiplexing is offered in DS3 to DS1
and DSI 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 lntentionally Left Blank.
9.23.3.9.6 Reanangements. 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 MiscellaneousCharges^ Thefollowingmiscellaneousservices,
as described in Section9.1.12, 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
d) Design change
e) Dispatch
D 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 cunently 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). ln 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 lntentionallyLeftBlank.
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9.23.3.12 lf 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 will 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 othenruise granted by this Agreement or by
law to elect to make such conversions.
9.23.3.13 For installation of new UNE Combinations, CLEC will 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 lntentionallyLeftBlank.
9.23.3.15 lntentionally Left Blank.
9.23.3.16 ln 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. ln 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, Billing, 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 will be instructed to contact CLEC, and CenturyLink's End User Customers
contacting CLEC will be instructed to contact CenturyLink. ln 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.
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
Element that comprise the UNE Combination shall apply when
Combination is ordered.
Networka UNE
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
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UNE Combination.
9.23.4.1.3 Miscellaneous Charges will apply based upon CenturyLink
providing miscellaneous services, if made available, with UNE combination.
9.23.4.2 lf the Commission takes any action to adjust the rates previously ordered,
CenturyLink will 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 Billing its End User Customers served over
UNE Combinations for surcharges required of CLEC by statute, regulation or otherwise
required.
9.23.4.4 lntentionally Left Blank.
9.23.4.5 lntentionally Left Blank.
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 lntentionallyLeftBlank.
9.23.5.1.2 lntentionallyLeftBlank.
9.23.5.1.3 Step 1: Complete product questionnaire with account team
representative.
9.23.5.1.4 Step 2: Obtain Billing Account Number (BAN) through account
team 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 Billing system.
9.23.5.1.6 Step 4: After account 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.
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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 will 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 lMA, 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 will 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, lndependence Day (4th of July), Labor Day, Thanksgiving Day and
Christmas Day.
9.23.5.5 lntentionally Left Blank.
9.23.5.6 lntentionally 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 lntentionally Left Blank
9.23.7 Maintenance and Repair
9.23.7.1 CenturyLink will 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.
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 traffic and allows the
copper Loop to be used for simultaneous DLEC data transmission and CLEC provided voice
service to the End User Customer. "CLEC' will 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 \Mth 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. lf as a result of those discussions, a process is developed for Loop
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Splitting over a new Loop, CenturyLink will 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 Office 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 lf Loop Splitting is requested for an analog Loop, the Loop must
be converted to a 214 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 will 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 lf 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.
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 will 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-Io-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 lnterconnection Tie Pairs (lTP) - A monthly recurring charge to
recover the costs associated with the use of lTPs.
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9.24.3.1.2 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 Unbundled Loop.
9.24.3.2 Nonrecurring Rates
9.24.3.2.1 Basic lnstallation Charge - A nonrecurring charge for Loop
Splitting installed will 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 will be subject to true-up based on either
mutually agreed permanent rates or permanent rates established in a cost proceeding
conducted by the Commission. ln the event interim rates are established by the
Commission before permanent rates are set, the interim rates set forth in Exhibit A will
be changed to reflect the interim rates set by the Commission; however, no true up will
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 lnformation Tool described in
the Access to OSS Section. The Customer of Record will determine, in its sole
discretion and at its risk, whether to add data services to any specific Unbundled
Loop.
9.24.4.1.2 The Customer of Record will 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 lDF.
9-24.4.1.3 Basic lnstallation "lift and lay" procedure will 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.
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9.24.4.1.6 lf the voice service is disconnected on a Loop Splitting
arrangement, the Loop Splitting arrangement shall terminate. CLEC may
arrange to provide DSL service to the End User Customer through purchase of
another product.
9.24.5 lntentionally Left Blank
9.24.6 Repair and Maintenance
9.24.6.1 CenturyLink will 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 will be responsible for reporting to CenturyLink
service troubles provided over Loop Splitting. CenturyLink will be responsible to repair
troubles on the physical line between Network lnterface Devices at the End User
Customer premises and the point of demarcation in CenturyLink \Mre Centers.
CenturyLink, CLEC and DLEC each will 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 will 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 will be made available on
CenturyLink's web site.
9.24.7 Gustomer 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 will bill 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 ln 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 will allow the
authorized agent to access the records of the Customer of Record. Such access will 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 willful or
negligent behavior of CenturyLink.
9.25 Loop-Mux Combination (LMC)
9.25.1 Description
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Collocation
Section 9
Unbundled Network Elements
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 (PLT), orwith a special access (SA), Tariffed DS1
or DS3 multiplexed facility with no interoffice transport. The PLT/SA multiplexed
facility is provided as either an lnterconnection Tie Pair (lTP) or Expanded
lnterconnection 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 access End User
Customers and aggregate DS1 or DSO unbundled Loops to a higher bandwidth
via a PLTISA 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 billing 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
PLT/SA multiplexed facility.
9.25.2.2 LMC Loops will be provisioned where existing facilities are
available.
The PLTISA DS1 or DS3 multiplexed facility must terminate in a
9.25.2.4 The multiplexed facility is subject to all terms and conditions
(ordering, provisioning, and billing) of the appropriate Tariff.
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
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Section 9
Unbundled Network Elements
are required for each DSO LMC Loop connected to a 1lO 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 billing 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
0 Expedite
g) Maintenance of Service
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 is a
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 billing 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 billing system.
9.25.4.1.4 Step 4: After account team notification, place LMC Loop
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9.25.6
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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
lnterval Guide (SlG) available at www.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 will 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, lndependence Day (4th of July), Labor Day, Thanksgiving Day and
Christmas Day.
9.25.4.5 Out of Hours Project Coordinated lnstallations: CLEC may
request an out of hours project coordinated lnstallation. 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. lnstallations
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 will be processed on a first come,
first served basis and are subject to CenturyLink's ability 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.
9.25.4.5.2 To request out of hours project coordinated installations,
CLEC will submit an LSR designating the desired appointment time.
CLEC must specify an out of hours project coordinated lnstallation in the
"remarks" section of the LSR.
lntentionally Left Blank
Maintenance and Repair
9.25.6.1 CenturyLink will maintain facilities and equipment for LMC Loops
provided under this Agreement. CenturyLink will 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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10.1 lntentionally Left Blank
10.2 Local Number Portability
10.2.1 Description
Section 10
Ancillary Services
14.2.1.1 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 will 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 Office 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 Otfice 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 Office 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 lntelligent Network (AlN) 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 Office 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 will 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
Council's (NANC) Local Number Portability Administration (LNPA) Working Group and
the lndustry Numbering Committee (lNC) of the Alliance for Telecommunications
lndustry Solutions (ATIS). Unless specifically excluded in Section 1O.2.2.6, alltelephone
numbers assigned to an End User Customer are available to be ported through LNP.
Mass calling events shall be handled in accordance with the industry's non-LRN
recommendation (NANC's High Volume Call-ln 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. ln accordance with industry
guidelines, the publications of LNP capable End Office Switches and the schedule and
status for future deployment will be identified in the Local Exchange Routing Guide
(LERG).
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10.2.2.3 ln 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 will 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 g of this Agreement. CLEC will coordinate with
CenturyLink for the transfer of the CenturyLink Unbundled Loop coincident with the
transfer of the End User Custome/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 facilities cutovers in order to ensure that the End User Customer is provided
with uninterrupted service. lf the Party porting the telephone number
experiences problems with its port or provision of its Loop, and needs to delay or
cancelthe port and any Loop disconnection, that Party shall notify the other Party
immediately. Parties will 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 will routinely send a concurrence
message within the time frames established by the industry.
1A.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.9., 500 and 900 NPAs, 950 and
976 NXX number services).
10.2.2.7 After an End Office Switch becomes equipped with LNP, all NXXs
assigned to that End Office Switch will be defined as portable, to the extent Technically
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
will 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 N)(X.
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.
1A.2.2.9 At the time of porting a telephone number via LNP from CenturyLink,
CenturyLink shall ensure that the LIDB entry for that telephone number is de-provisioned
if the CenturyLink LIDB is not being used by CLEC.
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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.
1O.2.2.11 NXX Migration, or Local Exchange Routing Guide Reassignment,
reassigns the entire Central Office Code (N)(X) 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 Party
to have the entire NXX reassigned to an End Office Switch operated by the second Party
through the NANP administrator. ln 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 Office Code Administration guidelines)
for movement of NXXs from one End Office Switch to another. Other applications of
NXX migration will be discussed by the Parties as circumstances arise.
10.2.2.12 ln 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
9lllAutomatic Location lnformation (ALl) 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 Party
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 will 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
Current Service Provider may require that the End User Custome/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
Provideds 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. ln 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
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Party's Service Order Administration (SOA) and Local Service Management System
(LSMS) vendor(s) has systems and equipment that are compatible with the NPAC's
established protocols and that the application of such systems and equipment is
compatible with the NPAC.
10.2.3.2 Each Party shall cooperate to facilitate 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 Office 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 Office 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 Billing 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
requested in a NXX.
10.2.4.4 On calls originating from a Party's network, the Party will populate, if
Technically Feasible, the Jurisdiction lnformation Parameter (JlP) with the first six digits
of the originating LRN in the SS7 lnitialAddress 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
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Commission and FCC Porting Orders. The Parties will 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
seryice is described in Section 12 of this Agreement.
10.2.5.2 Standard Due Date lntervals. Service intervals for both Parties for LNP
are located in the CenturyLink Service lnterval Guide (SlG). 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).
10.2.5.3.1 CenturyLink will 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 1O-digit
unconditional trigger cannot be set for DID services in AXE10 and DMS10 End
Office Switches thus managed cuts are required, at no charge.) The ten (10)
digit unconditional trigger and End Office Switch translations associated with the
End User Customer's telephone number will not be removed, nor will CenturyLink
disconnect the End User Custome/s Billing and account information, until 11:59
p.m. (local time) of the next business day after the Due Date. CLEC is required
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. ln 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:OO
p.m. (mountain time) the next business day after the Due Date to CenturyLink's
lnterconnect 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 Custome/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 Customefs existing service. Late notifications must
be made by calling CenturyLink's lnterconnect 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 X7
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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)
will provide prior electronic notice of specific blocks of time which cannot be used as a
DD/FDT due to scheduled maintenance or other circumstances. lf the DD/FDT on a
flow-though cut is outside CenturyLink's normal business hours for LNP, CenturyLink will
have personnel available in the repair center to assist in the event that CLEC
experiences problems during the cut. ln addition, CenturyLink allows CLEC to request a
managed cut on a 24 X 7 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.
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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 will 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 possibility of
other CLECs requesting the same FDT in the same End Office Switch (Switch
contention) must be reviewed. ln the event that any of these situations would
occur, CenturyLink will coordinate with CLEC for an agreed upon FDT, prior to
issuing the Firm Order Confirmation (FOC). ln special cases where a FDT must
be agreed upon, the interval to reach agreement will not exceed two (2) days. ln
addition, standard intervals will 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 will incur additional charges for the managed cut
dependent upon the FDT. 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 will schedule the appropriate number of employees
prior to the cut, normally not to exceed three (3) employees, based upon
information provided by CLEC. CLEC will also have appropriate personnel
scheduled for the negotiated FDT. lf 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. lf the cut is either cancelled, or supplemented to change
the Due Date, within twenty-four (24) hours of the negotiated FDT, CLEC will be
charged a one person three (3) hour minimum charge. lf the cut is cancelled due
to a CenturyLink eror 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 ln the event that the LNP 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. lf the problem cannot
be corrected within an acceptable timeframe to CLEC or the End User Customer,
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CLEC may request the restoral of CenturyLink service for the ported End User
Customer. Such restoration shall begin immediately upon request. lf CLEC is in
error then a supplemental order shall be provided to CenturyLink. lf CenturyLink
is in error, no supplemental order or additional order will 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 Custome/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 Party is responsible for its own End User Customers and will have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. End User Customers will be instructed to report all cases of trouble to their
Current Service Provider.
10.2.6.2 Each Party will provide its respective End User Customers the correct
telephone numbers to call for access to its respective repair bureau. Each Party will
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 will perform standard tests and isolate
and repair the trouble within twenty-four (24) hours of receipt of the report.
1A.2.6.4 CenturyLink will 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 will comply with FCC and Commission rules on cost recovery
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 ldentification/Data Management System (AL|/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
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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 Office 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
1A.3.2.1 CenturyLink will provide nondiscriminatory access to the same Basic 911
or Enhanced 9'11 features, functions and services that CenturyLink provides to its End
User Customers. E9't1 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 ln 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 CenturyLink shall conform to all state regulations concerning emergency
services.
10.3.2.4 CenturyLink shall route E911 calls to the appropriate PSAP
10.3.2.5 Each Party will 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 will provide CLEC with the identification of the CenturyLink
911 controlling office 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." lt shall
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 lf a third party is the primary service provider to a county, CLEC will
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 lf CLEC is the primary service provider to the county, CLEC and
CenturyLink will negotiate the specific provisions necessary for providing 911 service to
the county and will include such provisions in an amendment to this Agreement.
10.3.2.10 CLEC will separately negotiate with each county regarding the collection
and reimbursement to the county of applicable End User Customer taxes for 911
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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 will reimburse the other for any expenses incurred in the
provision of E911 services. All costs incurred by the Parties for 9111E911 services shall
be billed to the appropriate PSAP.
10.3.2.14 CenturyLink's designated E911 database provider, an independent third
party, will 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 will be
indicated via written notice to the appropriate 911 authority (state agency or PSAP
administrator or county) and will not require an amendment to this Agreement.
10.3.3.2 CenturyLink's designated E911 database provider, an independent third
party, will be responsible for maintaining the E911 database. CenturyLink, or its
designated database provider, will provide to CLEC 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 will be provided and
charged on an lndividual Case Basis. The data will 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.
'10.3.4 E911 Database Updates for Facilities-Based CLECs
10.3.4.1 CenturyLink will ensure that the 911 database entries for CLEC will 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, facilities-based CLECs will negotiate
directly with CenturyLink's database provider for the input and validation of End User
Customer data into the CenturyLink Automatic Location ldentification (ALl) database.
CLEC will negotiate directly with the PSAP (or PSAP agency's) DMS/ALI provider for
input of End User Customer data into the ALI database. ln most cases the Selective
Routing table updates and the ALI database will 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 lf it is facilities-based, CLEC will provide End User Customer data to
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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 lf it is facilities-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 lf it is facilities-based, CLEC will 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 will compare CLEC's (i.e., recipient company as defined in
the NENA standard) failed migrate records to the Regional Number Portability
Administration Centefs (NPAC) database once each business day to determine if the
migrate record (i.e., ported telephone number) has been activated by the recipient
company. lf the migrate record has been activated by CLEC in the NPAC, the record
shall be unlocked and the migrate record processed. lf, 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 will be rejected. The E911
database administrator will send reports regarding CLEC's failed migrate records (i.e.,
755 error code) and rejected migrate records (i.e., 760 error code) to CLEC or CLEC's
designated database administrator. CenturyLink's E911 database administrator will 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, will
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/DMS database. CenturyLink shall use its
current process to update and maintain End User Customer information in the ALI/DMS
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 will
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 will be jointly researched by CenturyLink and
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10.3.6.3 Each Party providing updates to the E911 database will 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 ldentification (ALl) database. For resold
accounts, if vendor detects errors, it will attempt to conect them. lf vendor is unable to
correct the error, vendor will contact CenturyLink for enor resolution. For errors referred
to CenturyLink, CenturyLink will provide the corrections in a non-discriminatory manner.
lf CenturyLink is unable to resolve the error, CenturyLink will contact the Resale-CLEC
for resolution. ln the case of facilities-based CLECS, the vendor will interface directly
with CLEC to resolve record erors.
10.3.7 E911 lnterconnection
10.3.7.1 lf 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. lf provided by CenturyLink, such trunks will 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.
10.3.7.1.1 The Parties shall establish a minimum of two (2) dedicated trunks
from CLEC's Central Office to each CenturyLink 911/E911 Selective Router (i.e.,
911 Tandem Office) that serves the areas in which CLEC provides Exchange
Service, forthe provision of 911/E911 services and for access to all subtending
PSAPs (911 lnterconnection 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
CLEC.
10.3.7.1.2 911 lnterconnection 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 ldentification (ANl) with the voice portion of the call, or Signaling System7 (SS7) if available (i.e., other signaling technology as available). All 911
lnterconnection trunk groups must be capable of transmitting and receiving
Baudot code necessary to support the use of Telecommunications Devices for
the Deaf (TTY/TDDs).
10.3.7.1.3 CenturyLink shall begin restoration of 9111E911 trunking
facilities 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 will be responsible for the isolation,
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coordination, and restoration of all 911 network maintenance problems to CLEC's
demarcation. CenturyLink will 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 will 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 will refer network trouble to
CLEC if no defect is found in CenturyLink's network. The Parties agree that 911
network problem resolution will 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 CenturyLinks own
E911 trunk groups.
10.3.7.3 The Parties will cooperate in the routing of 911 traffic 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 lnterconnection, including the provision of dedicated trunks from CLEC End
Office Switch to the 911 control office, 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 Office 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 Portability
10.3.8.1 \ffhen 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/DMS database.
fi.3.8.2 When Remote Call Forwarding (RCF) is used to provide number
portability to the End User Customer and a remak 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 CenturyLinKs 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 VUhite Pages Directory Listings Service is provided to reseller CLEC with
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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 facilities-based CLEC using CenturyLink's switching
services to provide local Exchange Service will 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 manualtransmission 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 facilities-based End User
Customers at no monthly recurring charge.
10.4.2.1.2 CLEC will be charged for its resale premium Listings (e.9.,
additional, foreign, cross-reference) and privacy Listings (i.e., nonlisted and
nonpublished) at CenturyLink's General Exchange Listing Taritf rates, less the
wholesale discount, if any, as described in Exhibit A. CLEC will be charged for
its facilities-based premium Listings (e.9., additional, foreign, cross-reference)
and privacy Listings (i.e., 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 lntentionally Left Blank.
10.4.2.3 lnformation on submitting and updating Listings is available in "Facility
Based CLECs and Reseller/Unbundled Network CLECs Directory Listings User
Document." CenturyLink will furnish CLEC Listings format specifications. Directory
publishing schedules and deadlines for CenturyLink's official directory publisher will be
provided to CLEC.
10.4.2.4 lf CLEC provides its End User Custome/s 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 will incorporate CLEC End
User Customer Listings in the Directory Assistance Database. CenturyLink will
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 g rant automatical ly terminates.
10.4.2.5 CLEC End User Customer Listings will be treated the same as
CenturyLink's End User Customer Listings. Priorwritten authorization from CLEC, which
authorization may be withheld, shall be required for CenturyLink to sell, make available,
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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 will not charge CLEC for updating and maintaining CenturyLink's
Listings databases. CLEC will 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 will take reasonable steps in accordance with industry
practices to accommodate CLEC's nonpublished and nonlisted Listings provided that
CLEC has supplied CenturyLink the necessary privacy indicators on such Listings.
1O.4.2.1O CLEC's white pages directory listings will be in the same font and size as
Listings for CenturyLink End User Customers, and will not be separately classified.
10.4.2.11 CenturyLink processes for publication of white pages Directory Listings
will make no distinction between CLEC's and CenturyLinKs subscribers. CLEC's
Listings will be provided with the same accuracy and reliability 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
using the same methods and procedures, and under the same terms and conditions, as
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 etforts to ensure that Listings
provided to CenturyLink are accurate and complete. Allthird party Listings information is
provided AS lS, 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 nonpublished and nonlisted restrictions.
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14.4.2.14 lntentionally Left Blank
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.
14.4.2.17 CLEC will supply its ACNtuCIC or CLCCIOCN, 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 will 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 nonpublished and nonlisted Listings are also available
upon request on the same monthly schedule.
10.4.2.20 CenturyLink will 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.
10.4.2.22 CLEC is responsible for all dealings with, and on behalf of, CLEC's End
User Customers, including:
10.4.2.22.1 All End User Customer account activity (e.9., End User
Customer queries and complaints);
10.4.2.22.2 All account maintenance activity (e.9., 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 will apply); and
10.4.2.22.4
Customers.
Any additional services requested by CLEC's End User
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10.4.2.23 Pursuant to Sections 222 (a), (b), (c), (d), and (e) of the
Telecommunications Act, CenturyLink will provide subscriber list information gathered in
CenturyLinKs 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 will 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 lS, WTH 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 nonpublished 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
Atfiliate or contractor provides to CenturyLinks End User Customers.
10.4.2.25 CenturyLink further agrees that any arrangements for the publication of
white pages Directory Listings with an Affiliate 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)
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 lf 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 will 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
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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.
1O.4.3.1 Primary Listings; and
1O.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 service 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://www.centurylink.com/wholesale/pcat/) or will be provided in hard copy to CLEC
upon request. lnitial 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 facilities-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
Directory Assistance Databases. Directory Assistance Service provides voice callers
published and nonlisted listing information, which is comprised of name and telephone
number, and address if available, as contained in CenturyLink's then-cunent 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. lf 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 DirectoryAssistance 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 callefs LATA that are included in CenturyLink's then-cunent
Directory Assistance Database.
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10.5.1.1.1.2 National Directory Assistance Service. Provides
CLEC's End User Customers published and non-listed 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 provideds 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) lntentionally Left Blank.
d) CenturyLink will record CLEC's specific brand message.
10.5.1 .1.1.4 Call completion service allows CLEC's End User
Customers' local/intraLATA calls to be completed, where available.
10.5.2 Terms and Conditions
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
controlling. Directory Assistance Service is available to facilities-based CLEC as
described in this Section unless otherwise noted. lf facilities-based CLEC chooses to
access CenturyLink's Directory Assistance Service, it is provided to CLEC under this
Agreement pursuant to Section 251(bX3) 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 lntentionally 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.
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10.5.2.3 CenturyLink will 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 will 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 perform Directory Assistance Services for CLEC in
accordance with operating methods, practices, and standards in effect for all
CenturyLink End User Customers. CenturyLink will 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 lntentionally Left Blank.
10.5.2.7 lntentionally Left Blank.
10.5.2.8 Reseller CLEC's End User Customers will use the same dialing pattern to
access Directory Assistance Service as used by CenturyLink's End User Customers
(i.e., 41 1, 555-1212, or NPA+555-1212).
10.5.2.9 Facilities-based CLEC using its own or a third party's Switch(es) may
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 will timely enter into its directory assistance database
updates of CLEC's Listings that CLEC provides to CenturyLink as described in Section
10.4. CenturyLink will incorporate CLEC End User Customer Listings in the Directory
Assistance Database. CenturyLink will incorporate CLEC's End User Customer Listings
information in all existing and future Directory Assistance applications developed by
CenturyLink. CenturyLink will implement quality assurance procedures such as random
testing for listing accuracy. CenturyLink will identify itself to End User Customers calling
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 ln 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. ln 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. CLEC may perform
up to two (2) audits per twelve (12) month period commencing with the Effective
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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 laMul 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 lntentionally Left Blank
10.5.3.3 A per-call rate is applicable for call completion service
1 0.5.4 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 Billing
10.5.5.1 CenturyLink will track and bill 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 will 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 will be charged at the per call rate when the End
User Customer completes the required action (i.e., "press the number one," "stay on the
line," etc.).
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10.6.1 Description
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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. ln 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(bX3) 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 will provide DAL information via initial loads and daily
updates by means of Network Data Mover (NDM) or as otherwise mutually agreed upon
by the Parties. CenturyLink will provide all changes, additions or deletions to the DAL
information overnight on a daily basis after database updates have been processed.
The Parties will use a mutually agreed upon format for the data loads.
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 will specify such information where it has been provided on the
Carriefs or Provide/s Listing order.
10.6.1.4 ln the event CLEC requires a reload of DAL information from
CenturyLink's database in order to validate, synchronize or reconcile its database, a
reload will be made available according to the rate specified in Exhibit A.
10.6.1.5 CenturyLink and CLEC will cooperate in the designation of a location to
which the data will be provided.
10.6.2 Terms and Conditions
10.6.2.1 lf 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 laMul 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
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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 lS, WITH ALL FAULTS. CenturyLink shall
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 will 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:
Privacy indicators, including, but not limited to, nonpublished and
nonlisted indicators;
a
a
a
No solicitation indicators;
Omit from address directories indicators; and
o Omit from telemarketing, direct mail, and e-mail lists indicators.
1A.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 lf CLEC purchases use of DAL information under this Agreement, CLEC
will 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 will identify itself to End User Customers
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calling 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 lntentionally 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 calling its Directory Assistance Services for such information,
the fact that such End User Customers and/or Provider Subscribers subscribe to
CenturyLink's or another Carriefs Telecommunications Services or to a Provider's
services is Confidential and Proprietary lnformation and shall not be disclosed to any
third party.
10.6.2.5 Each Party shall take commercially reasonable and prudent measures to
prevent unlaMul 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 Canie/s Telecommunications Services or to a Provider's services, shall
be considered a material breach of this Agreement and shall be resolved under
the Dispute Resolution provisions of this Agreement.
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
Caniers 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 - ln accordance with Section 18, CenturyLink may request a
comprehensive audit of CLEC's use of the DAL information. ln 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
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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 Party) 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 will 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, liability,
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 Carriers and/or Providers, whether formal or informal and will
handle all communications with these Carriers and/or Providers regarding this
matter.
10.6.2.10 CenturyLink will 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
procedure will 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 1A.6.2 of this Agreement will 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 lnitial 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 SetUp Fees - Charges for database loads.
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10.6.3.5 Output Charges Media
transmission of the DAL information.
charges resulting from the electronic
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 CLEC shall use the DAL Order Form found in the PCAT
10.7 Toll and Assistance Operator Services
10.7.1 Description
1O.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 lntral-ATA toll calls. Operator services provided to CLEC
include non-discriminatory access to CenturyLink operator service centers, services, and
personnel. lf facilities-based CLEC using CenturyLink's, its own, or a third party'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.
10.7.1.1.1 EAS/Local and lntraLATA Assistance. Assists CLEC End User
Customers requesting help or information on making and receiving EASllocal
and lntraLATA 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 lntentionally Left Blank.
10.7.1.1.3 Emergency Assistance. Provides assistance for handling
CLEC's End User Customefs EAS/local and lntral-ATA 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 lntentionally Left Blank.
1O.7 .1.1.5 lntentionally Left Blank.
10.7.1.1.6 Quote Service - Provides time and charges to hotel/motel and
other CLEC End User Customers for guesUaccount identification.
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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 CLEC-specific Call Branding -- Announces
CLEC'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
conditions of the Tariff, catalog, price list, or other retail Telecommunications Services
offering and this Agreement, this Agreement shall be controlling. Operator services are
available to facilities-based CLEC as desoibed 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 lnterexchange
Carrier (LPIC) to its existing or new End User Customers on CenturyLink's
behalf. lf CLEC assigns CenturyLink the ILEC, LPIC 5123, to CLEC's existing or
new End User Customers, CenturyLink will bill reseller CLEC for lntraLATA Toll
services at the CenturyLink retail rate less the wholesale discount contained in
Exhibit A, if any, and will bill facilities-based CLEC at the rates contained or
referenced in Exhibit A, and CenturyLink will not directly bill CLEC's End User
Customers for such lntral-ATA Toll services.
1A.7.2.0.2 lf CLEC assigns CenturyLink the ILEC, PIC 5123, to CLEC's
existing or new End User Customers, transport beyond CenturyLink's local
interoffice network for lntraLATA Toll services will be provided over CenturyLink's
lntral-ATA Toll network. Routing tables resident in CenturyLink's Switch(es) will
direct CLEC's traffic over CenturyLink's interoffice message trunk network.
1O.7.2.O.3 lf, during the term of this Agreement, CenturyLink the ILEC otfers
lntraI-ATA Toll services directly to CLEC's End User Customers, CenturyLink will
establish its own billing relationship with such End User Customers, and
CenturyLink will not bill 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),
lnterconnection 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
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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.
1O.7.2.2 Trunk Provisioning and facility ownership must follow CenturyLink
guidelines.
10.7.2.3 ln 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 lnterconnection 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 lnterfaces) in general
requirements form.
10.7.2.5 lntentionally Left Blank.
10.7.2.6 lntentionallyLeftBlank.
1O.7.2.7 CenturyLink will perform operator services in accordance with operating
methods, practices, and standards in etfect for all its End User Customers, including
making and receiving EAS/local and lntratATA 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 will 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 will 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 seryices. Facilities-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.
1O.7.2.1O lntentionally Left Blank
1O.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 will record CLEC's brand message.
10.7.2.12 lntentionallyLeftBlank.
1O.7.2.13 Reseller CLEC's End User Customers dial the same number
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CenturyLink's own End User Customers dial to access operator services, including "0" or
"O+." 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.
1O.7.3.1 Operator services are priced on a per call basis, as follows.
10.7.3.1.1 Operator Services Calls - Charges apply for each completed
call handled by operator services, including EAS/local calls and IntraLATA toll
calls made, or received and accepted, by CLEC's End User Customer.
1O.7.3.1.2 lntentionallyLeft Blank.
10.7.3.1.3 lntentionallyLeft Blank.
10.7.3.1.4 lntentionallyLeft Blank.
10.7.3.1.5 lntentionally 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 lnterrupt - 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 lntentionally Left Blank
1O.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
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branding. The nonrecurring charges apply each time CLEC's brand message is
changed. The nonrecuring charge to load the Switches with CLEC's branded message
will be assessed each time there is any change to the Switch.
1O.7.4 Ordering Process
CLEC will order operator services by completing the "CenturyLink Operator Services/Directory
Assistance Questionnaire for Competitive Local Exchange Carriers." Copies of this
questionnaire may be obtained from CLEC's designated CenturyLink account manager.
10.7.5 Billing
10.7.5.1 CenturyLink will track usage and bill CLEC for the calls made and
received by CLEC's End User Customers and facilities.
10.7.5.2 CenturyLink will compute CLEC's invoice based on calls made and
received by CLEC's End User Customers.
10.7.5.3 lf, due to equipment malfunction or other enor, CenturyLink does not
have available the necessary information to compile an accurate Billing statement,
CenturyLink may render a reasonably estimated bill, 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 billable quantities when and if the
information necessary for the Billing statement becomes available.
1O.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 bill its own End User Customers. Without limiting the generality of the foregoing,
CenturyLink shall provide CLEC with Daily Usage Feed (DUF) billing information.
10.7.5.5 lntentionally Left Blank
10.7.5.6 lf CLEC assigns CenturyLink the ILEC to provide lntraLATA Toll services
for its End User Customers, CenturyLink shall bill 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 - \y'Uhere 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 will provide CLEC with access to available ducts/conduits for the purpose of
placing facilities for transmitting Telecommunications Services. A spare ducUconduit will
be leased for copper facilities only, and an innerduct for the purpose of placing fiber.
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CLEC may place innerduct in an empty ducVconduit. 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, bridges, 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 facilities, building entrance links,
equipment rooms, Remote Terminals, cable vaults, telephone closets or building
riser. The terms duct and conduit include riser conduit.
10.8.1.2.2 The term innerduct means a duct-like raceway smaller than a
ducUconduit that is inserted into a ducUconduit 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 1ln-inch innerduct.
10.8.1.3 Rights of Way (ROW - Where it has ownership or control to do so,
CenturyLink will 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, sufficient 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, actross, 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 lntentionally 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) atford
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.
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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 DucUlnnerduct Occupancy General lnformation Document, attached hereto
as Exhibit D. CenturyLink will 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
to CLEC authorization for CLEC to attach, operate, maintain, rearrange, transfer and
remove at its sole expense its facilities on poles/ducUinnerduct 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.
14.8.2.2 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.
1O.8.2.3 Federal requirements, such as those imposed by Federal Energy
Regulatory Commission (FERC) and Occupational Safety and Health Administration
(OSHA), will continue to apply to the extent such requirements affect requests for
attachments or occupancy to CenturyLink facilities under Section 224(D() of the Act.
10.8.2.4 lntervals associated with access to Pole Attachments will be governed by
FCC 11-50 (lmplementation of Section 224 of the Act; A National Broadband Plan for
ourFuture (rel. April7,2011). Such intervals include:
10.8.2.4.1 Stage 1: Survey (otherwise known as lnquiry Review and
Field Verification - See Section 10.8.4.1 and 10.8.4.2 below) - \Mthin 45
days of CenturyLink's receipt of a complete Pole Attachment application
from CLEC, CenturyLink will conduct an engineering study to determine
whether and where attachment is feasible, and what make-ready is
required, and provide an appropriate response to CLEC. (This period will
be extended by 15 days for Large Orders, as defined in Section
10.8.2.4.6.)
10.8.2.4.1.1. CenturyLink will timely notify CLEC of any errors inits application that prevent CenturyLink from accepting the
application as complete.
10.8.2.4.1.2 lf CenturyLink denies the application, it will explain
in writing its basis for the denial.
10.8.2.4.1.3 lf CenturyLink does not complete its Survey work
within the 45-day period (or 60-day period for Large Orders),
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CLEC may use a CenturyLink-approved contractor (identified in
the list CenturyLink makes available pursuant to Section
10.8.2.4.8) to complete the necessary Survey work. ln such event,
CLEC will provide an opportunity for a CenturyLink representative
to accompany and consult with CLEC and its contractor prior to
commencement of any work by the contractor.
1O.8.2.4.2 Stage 2: Estimate. lf CenturyLink does not deny CLEC's
application, CenturyLink will provide an estimate of the make-ready
charges (if any) within 14 days of providing its Stage-1 response or within
14 days after CLEC delivers its own survey pursuant to Section
10.8.2.4.1.3. While the completion of an initial pole agreement or "master
agreement" is not a prerequisite to starting the clock on a completed
application, CenturyLink may stop the clock during the estimate stage of
the timeline if the parties need additional time to conclude a master
agreement. [Cost Estimates for access to Poles expire after 90 Days and
requesting CLEC must submit a new request.l
10.8.2.4.3 Stage 3: Attacher Acceptance. The attaching CLEC has
up to 90 days to approve the estimate and provide payment, after which
time CenturyLink's estimate will be deemed to be withdrawn.
10.8.2.4.4 Stage 4: Make Ready. Upon receipt of payment,
CenturyLink will notify any attachers with facilities already on the pole that
make-ready for a new attacher needs to be performed within 60 days (or
105 days for Large Orders). The notice will include: (1) where and what
make-ready will be performed; (2) a date for completion of make-ready no
later than 60 days after notification (or 105 days after notification for
Large Orders); (3) a statement that any entity with an existing attachment
may add to or modify the attachment before the date set for completion of
make-ready; (4) a statement that CenturyLink may assert its right to 15
additional days to complete make-ready and that, CLEC may complete
the specified make-ready itself if make-ready is not completed by the date
set by CenturyLink; and (5) the name, telephone number, and e-mail
address of a person to contact for more information about the make-ready
procedure. lf make-ready is not completed by the date specified in the
original notice to entities with existing attachments, CenturyLink, prior to
the expiration of the original notice period, may notify CLEC in writing that
it intends to assert its right to complete all remaining work within an
additional 15 days. lf CenturyLink does not timely assert its right to 15
extra days to perform make-ready, or if make-ready remains unfinished at
the end of the 15-day extension, CLEC may assume control of make-
ready at that point, using a CenturyLink-approved contractor (identified in
the list CenturyLink makes available pursuant to Section 10.8.2.4.8) to
complete make-ready. ln such event, CLEC will provide an opportunity
for a CenturyLink representative to accompany and consult with CLEC
and its contractor prior to commencement of any make-ready work by the
contractor.
10.8.2.4.4.1 Notwithstanding Paragraph 10.8.2.4.1,
CLEC is authorized to use attachment contractors solely of
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their own choosing pursuant to their use of the
communications space and associated safety space.
10.8.2.4.5 The timeline specified in Section 10.8.2.4 and subsections
does not apply to ducts, conduits or rights-of-way.
10.8.2.4.6 The timeline specified in Section 10.8.2.4 and subsections
applies to orders submitted within a 30-day period of up to the lesser of .5
percent of CenturyLink's total poles within a state or 300 poles within a
state. For Large Orders - up to the lesser of 5 percent of CenturyLink's
total poles in a state or 3,000 poles with a state - 15 days are added to
the timeline's survey period and 45 days to the timeline's make-ready
period, for a total of 60 days. For orders within a state of greater than
3,000 poles within a 30-day period, the parties will negotiate in good faith
regarding the timeframe for completing the job.
10.8.2.4.7 CenturyLink may stop the clock (i.e., toll the timeline
specified in Section 10.8.2.4) where conditions render it infeasible to
complete the specified work within the prescribed timeframe. The clock
stoppage will be no longer than necessary based on the nature of the
event that caused the stoppage. Where CenturyLink stops the clock, it
will notify CLEC and other atfected attachers in writing as soon as
practicable. As soon as the reason for the clock stoppage no longer
exists, CenturyLink will notify affected parties of the new deadline and the
date that the timeline will restart.
10.8.2.4.8 CenturyLink will make available a list of contractors that it
authorizes to perform surveys and make-ready work on its poles.
10.8.2.5 CLEC shall provide access to a map of the requested
poles/ducUinnerducUROW route, including estimated distances between major points,
the identification and location of the poles/ducUinnerduct and ROW and 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 will be provided within a reasonable
interval, not to exceed forty-five (45) Days.
10.8.2.6 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/ducUinnerduct or other facility for use by CLEC.
10.8.2.7 CenturyLink retains the right to determine the availability of space on
poles/ducVinnerduct, conduit and ROW consistent with 47 U.S.C. S 224 and FCC
orders, rules and regulations pursuant to 47 U.S.C. S 224. ln the event CenturyLink
determines that rearrangement of the existing facilities on poles, ducUinnerducUconduit,
and ROW is required before CLEC's facilities can be accommodated, the actual cost of
such modification will be included in CLEC's nonrecurring charges for the associated
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order (Make-Ready fee). When modifications to a CenturyLink spare ducUconduit
include the placement of innerduct, CenturyLink or CLEC will install the number of
innerduct required to fill the ducUconduit to its full capacity.
10.8.2.8 CenturyLink shall make manhole ingress and egress for ducUinnerduct
access available to CLEC. CenturyLink will 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 drill of the manhole.
10.8.2.9 Where such authority does not already exist, CLEC shall be responsible
for obtaining the necessary legal authority to occupy ROW, and/or poles/ducUinnerduct
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
shall contact all owners of public and private rights-of-way to obtain the permission
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.
10.8.2.10 Access to a CenturyLink Central Office manhole will be permitted where
Technically Feasible. lf space is available, Centurylink will allow access through the
Central Office manhole to the POI (Point of lnterconnection). There shall be a
presumption that there shall be no fiber splices allowed in the Central Office manhole.
However, where CLEC can establish the necessity and Technical Feasibility of splicing
in the Central Office manhole, such action shall be permitted.
10.8.2.11 ReplacemenUModification/lnstallation - lf CLEC requests CenturyLink to
replace or modify existing poles/ducUinnerduct 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/ducVinnerduct, as
necessary, and the actual cost for removal (including actual cost of destruction) of the
replaced poles/ducUinnerduct, if necessary. Ownership of new poles/ducUinnerduct
shall vest to CenturyLink.
1O.8.2.11.1 Upon request, CenturyLink shall permit CLEC to install
poles/ducUinnerduct. CenturyLink reserves the right to reject any non-
conforming replacement pole/ducUinnerduct installed by CLEC that does not
conform to the NESC, OSHA or local ordinances.
10.8.2.11.2 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
Affiliates 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 will be deemed to be sharing in the
modification and will be responsible for its share of the modification cost.
Attaching entities will not be responsible for sharing in the cost of governmentally
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mandated pole or other facility modification. CenturyLink does not and will not
favor itself over other Carriers when Provisioning access to poles, innerduct and
rights-of-way.
10.8.2.11.3 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
will be reduced to take account of depreciation to the pole or other facility 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.
10.8.2.12 Notification of modifications initiated by or on behalf of CenturyLink and at
CenturyLink's expense shall be provided to CLEC according to Section 10.8.2.4.4 of this
agreement.. No such notice shall be required in emergency situations or for routine
maintenance of poles/ducUi nnerd uct com pleted at CenturyLi n k's expen se.
10.8.2.13 CenturyLink reserves the right to make an on-site/final construction
inspection of CLEC's facilities occupying the poles/ducUinnerduct system. CLEC shall
reimburse CenturyLink for the actual cost of such inspections except where specified in
this Section.
10.8.2.14 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. lf corrections are not completed within the
specified reasonable period, occupancy authorizations for the ROW,
poles/ducUinnerduct system where non-complying conditions remain uncorrected shall
suspend forthwith, regardless of whether CLEC has energized the facilities occupying
said poles/ducUinnerduct or ROW system and CLEC shall remove its facilities from said
poles/ducUinnerduct 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 diligently 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
facilities are removed from the poles/ducUinnerduct system where such non-complying
conditions exist. lf agreed between both Parties, CenturyLink shall perform or have
performed such corrections and CLEC shall pay CenturyLink the actual cost of
performing such work. Subsequent inspections to determine if appropriate corrective
actions have been taken may be made by CenturyLink.
10.8.2.15 Once CLEC's facilities begin occupying the poles/ducUinnerduct or ROW
system, CenturyLink may perform 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 billed separately.
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10.8.2.16 The costs of inspections made during construction and/or the final
construction survey and subsequent inspection shall be billed to CLEC upon completion
of the inspections.
10.8.2.17 Final construction, subsequent, and periodic inspections or the failure to
make such inspections, shall not relieve CLEC of any responsibilities, obligations, or
liability assigned under this Agreement.
10.8.2.18 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. ln the case of pole attachments
seeParagraph10.8.2.4.4above.10.8.2.19 lf CenturyLink terminates an order for
cause, or if CLEC terminates an orderwithout 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/ducVinnerduct within
sixty (60) Days, or cause CenturyLink to remove its facilities from the
poles/ducUinnerduct 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 unlaMul act
or making an unauthorized modification to CenturyLink's poles/ducUinnerduct, 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.
1O.8.2.2O CenturyLink may abandon or sell any poles/ducUinnerducUconduit or
ROW at any time by giving written notice to CLEC. Any poles/ducVinnerducVconduit or
ROW that is sold, will be sold subject to all existing legal rights of CLEC. Upon
abandonment of poles/ducUinnerducVconduit 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/ducVinnerducUconduit or ROW pursuant to its existing
rights under this Agreement if the poles/ducVinnerducUconduit or ROW is purchased by
another party; 2) purchase the poles/ducUinnerducUconduit 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/ducUinnerducUconduit or ROW at the current market value if no
other party purchased the poles/ducUinnerducVconduit or ROW within this sixty (60) Day
period.
10.8.2.21 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.
\y'/here a ditference 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 facilities into
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compliance with these terms and conditions
10.8.2.22 Should CenturyLink under the provisions of this Agreement remove
CLEC's facilities from the poles/ducUinnerduct covered by any order, CenturyLink will
deliver the facilities removed upon payment by CLEC of the cost of removal, storage and
delivery, and all other amounts due CenturyLink. lf CLEC removes facilities from
poles/ducUinnerduct for other than repair or maintenance purposes, no replacement on
the poles/ducUinnerduct 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 facilities from the poles/ducUinnerduct has been
completed.
10.8.2.23 lf any facilities are found attached to poles/ducUinnerduct 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. ln addition, CLEC agrees to pay (a) interest
on these fees at a rate set for the applicable time period by the lnternal Revenue Service
for individual underpayments pursuant to Section 6621 of the lnternal Revenue Service
Code (25 U.S.C. S 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 2 of Exhibit D, within sixty (60) 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.9., pulling
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/ducUinnerduct application. lf such application is not
received by CenturyLink within the specified time period, CLEC will be required to
remove its unauthorized facility within sixty (60) 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.
10.8.2.24 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.
10.8.2.25 CenturyLink will provide CLEC non-discriminatory access to
poles/ducts/innerducts/conduits and ROW pursuant to 47 U.S.C . S 224 and FCC orders,
rules and regulations pursuant to 47 U.S.C.5224. ln the event of a conflict between this
Agreement, on one hand, and 47 U.S.C. S 224 and FCC orders, rules and regulations
pursuant to 47 U.S.C. S 224, on the other, 47 U.S.C. g 224 and FCC orders, rules and
regulations pursuant to 47 U.S.C. S 224 shall govern. Further, in the event of a conflict
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between Exhibit D, on one hand, and this Agreement ot 47 U.S.C. S 224 and FCC
orders, rules and regulations pursuant to 47 U.S.C. S 224, on the other, this Agreement
or 47 U.S.C. g 224 and FCC orders, rules and regulations pursuant to 47 U.S.C. S 224
shall govern, provided however, that any Access Agreement that has been duly
executed, acknowledged and recorded in the real property records for the county in
which the ROW is located shall govern in any event pursuant to its terms.
10.8.2.26 Nothing in this Agreement shall require CenturyLink to exercise eminent
domain on behalf of CLEC.
10.8.2.27 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:
10.8.2.27.1 that the ROW agreement with CenturyLink does not preclude
the landowner from entering into a separate ROW agreement with CLEC; and
10.8.2.27.2 that there will be no penalty under the agreement between the
landowner and CenturyLink if the landowner enters into a ROW agreement with
CLEC.
10.8.2.28 For purposes of permitting CLEC to determine whether CenturyLink has
ownership or control over ducUconduit or ROW, including ducUconduit or ROW within a
specific multiple tenant environment, if CLEC requests a copy of an agreement between
CenturyLink and the owner of a ducUconduit or ROW, including ducUconduit or ROW
within a specific multiple tenant environment, that grants CenturyLink access to,
ownership of, or control of ducUconduit or ROW within a specific multiple tenant
environment, CenturyLink will 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.
10.8.2.28.1 Upon receipt of a completed Attachment 1.A, CenturyLink will
prepare and return an MTE matrix or ROW matrix, as applicable, within ten (10)
Days, which will identify (a) the owner of the ducVconduit 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
ducUconduit 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.
10.8.2.28.2 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 10.8.2.28.3 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
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this Agreement. ln lieu of submission of the Consent to Disclosure form, CLEC
must comply with the indemnification requirements in Section 10.8.4.1.3.
10.8.2.28.3 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, CenturyLink shall redact all dollar figures from
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.
1O.8.2.28.4 ln all instances, CLEC will 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 property 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.
1A.8.2.29 ln 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.
10.8.2.30 ln cities where CenturyLink has not deployed microduct and CLEC
wishes to use this technology, CLEC must lease an innerduct. ln these locations CLEC
will be required to furnish and place the microduct. At the conclusion of the lease, CLEC
and CenturyLink will make a joint decision whether or not CLEC will be required to
remove CLEC's microduct from the innerduct.
10.8.2.31 lf 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 annualfee per microduct run between two (2) manholes.
10.8.2.31.1 ln addition, CLEC agrees to pay (a) interest on these fees at a
rate set for the applicable time period by the lnternal Revenue Service for
individual underpayments pursuant to Section 6621 of the lnternal Revenue
Service Code (25 U.S.C 6621, Rev. Rul. 2000-30, 2OOO-25lRS 1262), and (b)
the cost of any audit required to identify unauthorized CLEC occupancy.
10.8.2.31.2 CenturyLink shall waive half the unauthorized occupancy fee if
the following conditions are met:
10.8.2.31.2.1 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.
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10.8.2.31.2.2 The unauthorized occupancy did not require CenturyLink
to take curative measures (e.9., pulling additional microduct) prior to cure
by CLEC.
10.8.2.31.2.3 CLEC reimburses CenturyLink for cost of audit, or portion
thereof, which discovered the unauthorized occupancy. CenturyLink shall
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
Poles/DucUlnnerducUMicroduct Application. lf such application is not
received by CenturyLink within the specified time period, CLEC will 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.
10.8.2.32 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.
10.8.2.32.1 The assuming CLEC is required to have an Agreement with
CenturyLink that includes all elements involved in the transfer.
10.8.2.32.2 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
Authorizati on Agreement.
10.8.2.32.3 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, billing and contact information, and contact telephone
number. The eight (8) character CLEC CLLITM code will remain the same.
10.8.2.32.4 lf vacating CLEC has filed for bankruptry, 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.
10.8.2.32.5 CenturyLink is not responsible for the physical condition of
CLEC's facilities.
10.8.2.32.6 Prior to submission of a PDR Transfer of Responsibility request,
allwork in progress must be negotiated between vacating and assuming CLEC.
10.A.2.32.7 Prior to submitting a Transfer of Responsibility request,
assuming CLEC's financial obligations to CenturyLink must be in good standing.
lf vacating CLEC is unable to meet its financial obligations, assuming CLEC will
be required to assume the financial obligations of vacating CLEC.
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10.8.2.32.8 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 Billing Authorization Numbers (BAN), requested completion date (not
binding), and state-specific charge for the transfer as indicated in Exhibit A.
10.8.2.32.9 Once the transfer request is arcepted, CenturyLink will 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 lnquiry 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 (i.e., 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 lnquiry Fees apply for ROW, poles and ducVconduiVinnerduct.
10.8.3.2 Field Verification Fee/Access Agreement Preparation Fee. ln the case of
poles and ducUinnerduct, 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. ln 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
billed in advance.
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 conduiUduct systems or core drilling 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 billed 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
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antenna attachment which requires two (2) feet). This fee shall be annual unless CLEC
requests that it be semi-annual.
10.8.3.5 lnnerduct 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.
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
(i.e., nonrecurring) fee.
10.8.3.7 Microduct Occupancy Fee. A pre-paid fee which is charged for the
occupancy, including during any mak+ready period, and billed annually per microduct,
per foot.
10.8.3.8 PDR Transfer of Responsibility. Vacating CLEC will not incur charges for
a transfer of responsibility agreement. A PDR Transfer of Responsibility charge for
assuming CLEC will 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, ducUinnerduct and
Pole Attachment lnquiry Review and Field Verification.
10.8.4.1 lnquiry Reviews. Upon receipt of an inquiry regarding ROW access, Pole
Attachment or ducUinnerduct occupancy, CenturyLink will provide CLEC with Exhibit D.
CLEC will review the documents and provide CenturyLink with maps of the desired area
indicating the routes and entrance points for proposed attachment, proposed occupancyor proposed CLEC construction on CenturyLink owned or controlled poles,
ducUinnerduct 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 will include the appropriate inquiry fee with a
completed Attachment 1.A from Exhibit D.
10.8.4.1.1 lnquiry Review - DucVConduiUlnnerduct. Centurylink will
complete the database inquiry and prepare a ducUconduit 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 will be provided to CLEC within ten (10)
Days or within the time frames of the applicable federal or state law, rule or
regulation.
10.8.4.1.2 lnquiry Review - Poles. CenturyLink will provide the name and
contact number for the appropriate local field engineer for joint validation of the
poles and route and estimated costs forfield verification on Attachment 1.8 of
Exhibit D within ten (10) Days of the request.
10.8.4.1.3 lnquiry 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
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request. CenturyLink will 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 Exhibit
D, Attachment 4. CenturyLink may redact all dollar figures from copies of
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. ln
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 DucUlnnerduct and Access Agreement
Preparation (ROW. CLEC will review the inquiry results and determine whether to
proceed with field verification for poles/ducts or Access Agreement preparation for ROW.
lf field verification or Access Agreement preparation is desired, CLEC will sign and
return Attachment 1.B 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 will provide, as
applicable, depending on whether the request is for poles, ducVinnerducVconduit, or
ROW: (a) in the case of ducVinnerducVconduit, a field survey and site investigation of
the ducUinnerducUconduit, including the preparation of distances and drawings, to
determine availability of existing ducUinnerducUconduit; identification of make-ready
costs required to provide space; the schedule in which the make-ready work will 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
facilities 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 CLEC-Performed Field Verification for Underground Facilities..
At the option of CLEC, it may perform its own field verification (in lieu of
CenturyLink performing same) with the following stipulations: 1) Verifications will
be conducted by a CenturyLink approved contractor;2) A CenturyLink contractor
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will monitor the activity of CLEC contractor and a current labor rate will be
charged to CLEC; 3) CLEC will provide CenturyLink with a legible copy of
manhole butterfly drawings that reflect necessary make-ready effort; and 4)
CenturyLink will use CLEC-provided butterfly drawings and documentation to
check against existing jobs and provide a final field report of available
ducUinnerduct. CLEC will be charged standard rates for tactical planner time.
10.8.4.3 Order - Poles and DucUlnnerduct. The review, signing and return of
Attachmenl2 of the General lnformation 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 will assign the requested space and commence any make-ready work
which may be required. CenturyLink will notify CLEC when poles/ducUinnerduct 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 lf CenturyLink requests, CLEC will 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.
10.8.4.4.2 Within fourteen (14) business days of a request, CenturyLink will
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 will 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.
rc.8.4.4.3 lf the actual Make-Ready costs are less than the estimate, an
appropriate credit for the difference will 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 will 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.
10.8.4.4.4 lf CLEC cancels or if, due to circumstances unforeseen during
inquiry/verification, CenturyLink denies the request for poles, ducts or ROW,
upon CLEC request, CenturyLink will also refund the ditference 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.
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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
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://www. centurvlink. com/wholesale/pcaUpoleductrow. htm l.
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 will act as your electronic signature) must
be submitted to wsst@centurylink. 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 Billing
10.8.5.1 CLEC agrees to pay the following fees in advance as specified in Exhibit A:
lnquiry Fee, Field Verification Fee, Access Agreement Preparation Fee, Make-Ready Fee, Pole
Attachment Fee, DucUlnnerduct 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/ducUinnerduct (i.e., Pole Attachment Fee and DucVlnnerduct Occupancy
Fee) will be assessed on an annual basis (unless CLEC requests a semi-annual basis). Annual
usage fees for poles/ducUinnerduct will be assessed as of January 1 of each year. Semi-annual
usage fees for poles/duct/innerduct will 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 billing will coincide with the same date recurring billing starts
for assuming CLEC.
10.8.6 Maintenance and Repair
ln 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/ducUinnerduct.
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Section 11
Network Security
Section 11.0 - NETWORK SECURIW
11.1 Protection of Service and Property. Each Par$ 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
Wre Center, either rolling 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 ln the event that one Party's employees, agents or representatives inadvertently
damage or impair the equipment of the other Party, prompt notification will be given to the
damaged Party by verbal notification between the Parties' technicians at the site or by
telephone to each Party's 24 x7 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 will 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.
1 1 .10 Keys may entail either metallic keys or combination electronic lD/key cards. lt is
solely the responsibility of CLEC to ensure keys are not shared with unauthorized personnel
and recover keys and electronic lD/keys promptly from discharged personnel, such that office
security is always maintained. CenturyLink has similar responsibility for its employees.
11.11 CLEC will 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. ln cases of
emergency, CLEC shallcall 911 and 1-888-879-7328.
11.14 CenturyLink and CLEC employees, agents and vendors will 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 will secure and lock all
doors and gates.
11.17 CLEC will 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 safe$ 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 will have five (5) Days to remedy any such violation for which it has received notice from
CenturyLink. ln the event that CLEC 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. ln 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 facilities.
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 (800-71$3666) and the reported work activity will be
immediately stopped until the situation is remedied. ln the event such non-compliant activity
occurs in a CenturyLink Central Otfice, notification of the non-compliant activity may be made to
the Central Office supervisor, and the Central Office 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. lf 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.
ln 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. lf 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 will have five (5) Days to remedy
any such alleged security violation before any termination of access privileges for such
individual. ln 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 Building related problems may be referred to the CenturyLink Work Environment
Centers:
800-879-3499 (CO, \ A/, AZ, NM)
800-201-7033 (all other CenturyLink states)
11.27 CLEC will 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 will be covered in orientation meetings. Access shall not be permitted to any other
portions of the building.
11.29 CLEC will collect identification/access cards for any employees, agents or
vendors no longer working on behalf of CLEC and forward them to CenturyLink Security. lf
cards or keys cannot be collected, CLEC will immediately notify CenturyLink at 800-210-8169.
11.30 CLEC will 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 will notify CenturyLink
Service Assurance (800-713-3666) prior to gaining access into a Central Office after hours, for
the purpose of disabling Central Office alarms for CLEC access. Normal business hours are
7:00 a.m. to 5:00 p.m.
11.32 CLEC will 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 will supply to CenturyLink Security, and keep up to date, a list of its
employees, agents and vendors who require access to CLEC's space. The list will include
names and social security numbers. Names of employees, agents or vendors to be added to
the list will be provided to CenturyLink Security, who will 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 LIDB Fraud monitoring systems.
11.34.1 Uncollectable or unbillable 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 unbillable revenues resulting from the accidental or
malicious alteration of software 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 software.
11.34.3 CenturyLink shall be responsible for any direct uncollectible or unbillable
revenues resulting from the unauthorized physical attachment to Loop facilities from the
Main Distribution Frame up to and including the Network lnterface 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 capability requested by CLEC, those costs will 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.9., clip-on, missing information digits, missing toll
restriction, etc.).
11.34.6 lf CenturyLink becomes aware of potential fraud with respect to CLEC's
accounts, CenturyLink will promptly inform CLEC and, at the direction of CLEC, take
reasonable action to mitigate the fraud where such action is possible.
1 1.35 Law Enforcement lnterface. CenturyLink provides emergency assistance to 911
centers and law enforcement agencies seven (7) Days a weeUtwenty-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 lll 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 will be billed directly to the law enforcement agency,
without involvement of CLEC, for any lines served from CenturyLink \Mre Centers or cross
boxes.
11.37 ln 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 will
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perform trap/trace Title lll 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 will 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 will 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 (OSS)
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.
Additionaltechnical information and details shall be provided by CenturyLink in training sessions
and documentation and support, such as the "lnterconnect Mediated Access Usefs 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 Billing 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 will 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 CLEC to devise its own
course work for its own employees. Through its documentation available to CLEC, CenturyLink
will 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 OSS Support for Pre-ordering, Ordering and Provlsioning
12.2.0 CenturyLink will establish interface contingency plans and disaster recovery
plans for the interfaces described in this Section. CenturyLink will 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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12.2.1.', Local Service Requests (LSR)
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12.2.0.1.1 Ordering and Provisioning - CenturyLink will provide access to
ordering and status functions. CLEC will 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 will provide all Provisioning services to CLEC during
the same business hours that CenturyLink provisions services for its End User
Customers. CenturyLink will 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 Affiliates 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 will provide
CLEC with a manual Firm Order Confirmation (FOC) notice. The confirmation
notice will 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.
12.2.0.1.5 \Nhen CenturyLink provides installation on behalf of CLEC,
CenturyLink will advise CLEC's End User Customer to notify CLEC immediately
if the End User Customer requests a service change at the time of installation.
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 lnterface (GUl).
12.2.1.1.2 The interface guidelines for the application-to-application interface
are based upon the Order & Billing Forum (OBF) Local Service Order Guidelines
(LSOG), and the appropriate electronic transmission standards. Exceptions to
the above guidelines/standards shall be specified in the lnterconnect Mediated
Access (lMA) 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/lnternet
Protocol (TCPllP) to transmit messages.
12.2.1.1.4 Functions Pre-ordering - CenturyLink will provide real time,
electronic access to pre-order functions to support CLEC's ordering via the
electronic interfaces described herein. CenturyLink will make the following real
time pre-order functions available to CLEC:
12.2.1.1.4.1 Features, services and Primary lnterexchange Carrier
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(PlC) options for lntraLATA toll and lnterLATA 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 will
include Billing name, service address, Billing 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 lnformation 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 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 \Nhen CLEC places an electronic order, CenturyLink will provide
CLEC with an electronic FOC. The FOC will 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) Billing completion that notifies CLEC that the service order has
posted to the Billing system.
12.2.1.1.6 \l/hen CLEC places an electronic order, CenturyLink will 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, ot 2) an order is
rejected. The standards for returning such notices are set forth in Section 20.
12.2.1.1.8 Dial-UpCapabilities
12.2.1.1.8.1 lntentionally Left Blank.
12.2.1.1.8.2 lntentionally Left Blank.
12.2.1.1.8.3 \A/hen CLEC requests from CenturyLink more than flfty
(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. lf 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 sufficient 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 will provide real time,
electronic access to pre-order functions to support CLEC's ordering via the
electronic interfaces described in this Section. CenturyLink will make the
following real time pre-order functions available to CLEC:
12.2.1.2.2.1 Service Address validation ;
12.2.1.2.2.2 CFA validation;
12.2.1.2.2.3 NC-NCl validation;
12.2.1.2.2.4 BAN validation; and
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12.2.1.2.2.s 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 will provide
CLEC with an electronic Firm Order Confirmation notice (FOC). The FOC will
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 Custome/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 will
not be closed prior to verification by CLEC that trouble is cleared.
12.2.3 lnterface Availability
12.2.3.1 CenturyLink shall make its OSS interfaces available to CLEC during the
hours listed in the Gateway Availability PlDs 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 Billing
12.2.4.1 For products billed out of the CenturyLink Carrier Access Billing System
(CABS), CenturyLink will utilize the existing CABS/BOS format and technology for the
transmission of bills.
12.2.4.2 For products billed out of the CenturyLink Customer Record lnformation
System (CRIS), CenturyLink will utilize the existing EDI standard for the transmission of
monthly local Billing 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 lndustry Forum (TCIF) as the "811 Guidelines" specifically
for the purposes of Telecommunications Billing. Any deviance from these standards and
guidelines shall be documented and accessible to CLEC.
12.2.5 Outputs
Output information will be provided to CLEC in the form of bills, files, and reports. Bills will
capture all regular monthly and incremental/usage charges and present them in a summarized
format. fhe files and reports delivered to CLEC come in the following categories:
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Usage Record File Line Usage lnformation
Loss and Completion Order lnformation
Category 11 Facility Based Line Usage lnformation
SAG/FAM Street Address/Facility Availability lnformation
12.2.5.1 Bills
12.2.5.1.1 CRIS Summary Bill - The CRIS Summary Bill represents a
monthly summary of charges for most wholesale products sold by CenturyLink.
This bill includes a total of all charges by entity plus a summary of current
charges and adjustments on each sub-account. lndividual sub-accounts are
provided as Billing detail and contain monthly, one-time charges and
incrementalicall detail information. The Summary Bill provides one bill 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 CABS Bill - The CABS Bill represents a monthly summary of
charges. This bill includes monthly and one-time charges plus a summary of any
usage charges.
12.2.5.2 Files and Reports
12.2.5.2.1 Daily Usage Record File provides the accumulated set of call
information for a given Day as captured or recorded by the network Switches.
This file will 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. lt is provided in ATIS
standard Electronic Message lnterface (EMl) format. This EMI format is outlined
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. lndividual 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 will 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 lntral-ATA Collect, Calling Card, and Third
Number Billed Messages - CenturyLink will distribute in-region lntraLATA collect,
calling card, and third number billed 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 will contain these records for these types of calls as well.
12.2.5.2.4 Loss Report provides CLEC with a daily report that contains a list
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of accounts that have had lines andlor 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. lndividual reports will be provided for
resale, Unbundled Loop, and lnterim 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 orde(s) for the service(s) requested is
complete. lt details the order number, service name and address and date this
change was completed. lndividual reports will 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 lntentionallyLeftBlank.
12.2.5.2.8 SAG/FAM Files. The SAG (Street Address Guide)IFAM (Features
Availability Matrix) files contain the following information:
a) SAG provides Address and Serving Central Office lnformation
b) FAM provides USOCs and descriptions by state (POTS services
only), and USOC availability by NPA-N)fi with the exception of Centrex.
I nterl-ATful ntraLATA Carriers by N PA-N)fi .
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 CenturyLink change 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
lnterface 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 and CenturyLink and requires agreement by the CMP
participants. Pursuant to the scope and procedures set forth in the CMP Document,
CenturyLink will submit to CLECs through the CMP, among other things, modifications to
existing products and technical documentation available to CLECS, introduction of new products
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available to CLECS, discontinuance of products available to CLECS, modifications to pre-
ordering, ordering/provisioning, maintenance/repair or billing processes, introduction of pre-
ordering, ordering/provisioning, maintenance/repair or billing processes, discontinuance of pre-
ordering, ordering/provisioning, maintenance/repair or billing processes, modifications to
existing OSS interfaces, introduction of new OSS interfaces, and retirement of existing OSS
interfaces. CenturyLink will 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 will 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 will be
subject to change through the CMP, as set forth in the CMP Document. CenturyLink will
maintain the most current version of the CMP Document on its wholesale web site.
12.2.6.1 ln 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 will submit such specifications to the
appropriate standards committee and willwork to,vards their acceptance as standards.
12.2.6.2 Release updates will be implemented pursuant to the CMP
12.2.6.3 lntentionally Left Blank.
12.2.7 CLEC Responsibilities for !mplementation of OSS lnterfaces
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 will mutually agree upon time frames for
implementation of connectivity between CLEC and the OSS interfaces.
12.2.8 CenturyLink Responsibilities for On-going Support for OSS lnterfaces
CenturyLink will support previous application-to-application releases for six (6) months after the
next subsequent release has been deployed.
12.2.8.1 CenturyLink will provide written notice to CLEC of the need to migrate to
a new release.
12.2.8.2 CenturyLink will provide an lmplementation 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 will provide the suite of tests for re-certification to CLEC with the issuance of
the disclosure document.
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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 OSS interfaces and to understand CenturyLink's documentation,
including CenturyLink's business rules.
12.2.9 CLEC Responsibilities for On-going Support for OSS lnterfaces
12.2.9.1 lf using the GUI interface, CLEC will 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 will 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 will provide CLEC with access to a stable testing
environment that mirrors production to certify that its OSS will be capable of interacting
smoothly and efficiently with CenturyLink's OSS. 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 will conduct
connectivity testing. This test will 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 will make additions to the test beds and test accounts
as it introduces new OSS 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
schedule test times. This testing verifies CLEC's ability to send correctly
formatted electronic transactions through IMA system edits successfully for both
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new and existing releases. SATE uses test account data supplied by
CenturyLink. CenturyLink will make additions to the test beds and test accounts
as it introduces new OSS 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 required.
12.2.9.3.4 Controlled Production - CenturyLink and CLEC will 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 lf 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 will 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. lt 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. lf 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 will make reasonable efforts to accommodate
CLEC schedule. Conflicts in the schedule could result in certification being
delayed. lf a delay is due to CenturyLink, CenturyLink will honor CLEC's
schedule through the use of alternative hours.
12.2.9.4 lf CLEC is using the application-to-application interface, CLEC must work
with CenturyLink to certify the business scenarios that CLEC will 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 will be
granted for the specified release of the interface. lf CLEC is certifying multiple products
or services, CLEC has the option of certifying those products or services serially or in
parallel where Technically Feasible.
12.2.9.4.1 For a new software release or upgrade, CenturyLink will provide
CLEC a stable testing environment that mirrors the production environment in
order for CLEC to test the new release. For software 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.
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-
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certification will be made by the CenturyLink coordinator in conjunction with the release
manager of each IMA release. Notice of the need for re-certification will be provided to
CLEC as the new release is implemented. The suite of re-certification test scenarios will
be provided to CLEC with the disclosure document. lf 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 will contact the CenturyLink lmplementation Coordinator to initiate
the migration process. CLEC may not need to certify to every new IMA applicationto-
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 will
use reasonable etforts 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
app I ication-to-app I ication i nterface 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 will 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 will 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 will be expected to execute the re-certification test cases in the
stand alone test environment. CLEC will provide Purchase Order Numbers (PONs) of
12.2.9.8 ln 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. ln 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.
ln 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
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
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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 intemal business rules and other formatting
information necessary to ensure that CLEC's requests and orders are processed
efficiently. This assistance will include, but is not limited to, contacts to the CLEC
account team, training, documentation, and CLEC Help Desk. CenturyLink will 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 will provide a single point of
entry for CLEC to gain assistance in areas involving connectivity, system
availability, 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; software
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, CABS Bill, CRIS
Summary Bill, 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 will provide lnterconnect Service Center Help Desks which will
provide a single point of contact for CLEC to gain assistance in areas involving order
submission and manual processes.
12.2.11 Compensation/Cost Recovery
Recurring and nonrecurring OSS charges, as applicable, will be billed at rates set forth in
Exhibit A. Any such rates will be consistent with Existing Rules. CenturyLink shall not impose
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any recurring or nonrecurring OSS charges unless and until the Commission authorizes
CenturyLink to impose such charges and/or approves applicable rates at the completion of
appropri ate cost docket proceedi ngs.
12.3 Maintenance and Repair
12.3.1 Service Levels
12.3.1.1 CenturyLink will 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 Affiliates, or any other party. 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 will 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 Affiliates, or any
other party.
12.3.1.3 CenturyLink will perform repair service that is substantially the same in
timeliness and quality to that which it provides to itself, its End User Customers, its
Affiliates, 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 Atfiliates, 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 lnterruptions
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
affiliated companies, or its connecting concurring Carriers involved in its services; 3)
violate any Applicable Law or regulation regarding the invasion of privacy of any
communications carried over the Party's facilities; or 4) create hazards to the employees
of either Party or to the public. Each of these requirements is hereinafter refened to as
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an "lmpairment of Service."
12.3.3.2 lf it is confirmed that either Party is causing an lmpairment of Service, as
set forth in this Section, the Party whose network or service is being impaired (the
"lmpaired Party") shall promptly notify the Party causing the lmpairment of Service (the
"lmpairing Party") of the nature and location of the problem. The lmpaired Party shall
advise the lmpairing Party that, unless promptly rectified, a temporary discontinuance of
the use of any circuit, facility or equipment may be required. The lmpairing Party and
the lmpaired Party agree to work together to attempt to promptly resolve the lmpairment
of Service. lf the lmpairing Party is unable to promptly remedy the lmpairment of
Service, the lmpaired 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 Party 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. lf 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 ln 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
1 2.3.4 Trouble lsolation
12.3.4.1 CLEC is responsible for its own End User Customer base and will have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. CLEC will perform trouble isolation on services it provides to its End User
Customers to the extent the capability 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, NlD, or Point of lnterface. CenturyLink will 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 will 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.
12.3.4.2 When CLEC requests that CenturyLink perform trouble isolation with
CLEC, a Maintenance of Service Miscellaneous Charge or a Trouble lsolation 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. lf the trouble is on the End User Custome/s side of the
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Demarcation Point, CLEC is required to perform its own maintenance.
12.3.4.3 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. lf a trouble ticket with test results is
accepted by CenturyLink, and CenturyLink determines that the trouble is on the CLEC or
the End User Customels side of the Loop Demarcation Point, a Maintenance of Service
Miscellaneous Charge or a Trouble lsolation 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 lsolation 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 lnterface, 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 lsolation Charges shall not apply.
12.3.5 lnside 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 Custome/s Demarcation Point) for CLEC
or its End User Customers.
1 2.3.6 Testi n g/Test Req uests/Coord i nated Test i n g/U N Es
12.3.6.1 \Mrere 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 utilizing to
serye an End User Customer, CenturyLink will 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 will
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 will provide CLEC test results upon request. For electronically reported
trouble, CenturyLink will 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
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 Affiliates, or any other
party.
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12.3.6.5 CenturyLink shall test to ensure electrical continuity of all UNEs, including
Central Otfice Demarcation Point, and services it provides to CLEC prior to closing a
trouble report.
12.3.7 Work Center lnterfaces
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 will employ the following procedures for handling
misdirected repair calls:
12.3.8.1.1 CLEC and CenturyLink will 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 will be refened 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 ln responding to repair calls, CLEC's End User Customers
contacting CenturyLink in error will be instructed to contact CLEC; and
CenturyLink's End User Customers contacting CLEC in error will be instructed to
contact CenturyLink. ln 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.
1 2.3.9 M ajor Outages/Restoral/N otification
12.3.9.1 CenturyLink will 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 lnformation such as Customer information,
CenturyLink will utilize the same thresholds and processes for external notification as it
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does for internal purposes. This major outage information will 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 will be
non-discriminatory, and will be accomplished as quickly as possible according to
CenturyLink and/or industry standards.
12.3.9.2 CenturyLink will 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 will perform scheduled maintenance of substantially the
same type and quality to that which it provides to itself, its End User Customers, its
Affiliates, or any other party.
12.3.10.2 CenturyLink will 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, software,
or system providing service functionality which may potentially impact CLEC andlor
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.
12.3.12 Escalations
12.3.12.1 CenturyLink will 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.
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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 Atfiliates,
or any other party.
12.3.13.2 Upon the acceptance of a complete and accurate trouble report from
CLEC, CenturyLink will follow internal processes and industry standards, to resolve the
repair condition. CenturyLink will dispatch repair personnel on occasion to repair the
condition. lt will 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. lt 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 will be billed 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 will 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 will only be able to view
the history on the account.
12.3.15 lntervals/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
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End User Customers, its Affiliates, or any other party
12.3.16 Jeopardy Management
12.3.16.1 CenturyLink will notify CLEC, in substantially the same time and manner
as CenturyLink provides this information to itself, its End User Customers, its Affiliates,
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 facility rest with
CenturyLink, CenturyLink will perform test isolation and test the service and facility on
behalf of CLEC.
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 will inform CLEC of repair
completion in substantially the same time and manner as CenturyLink provides to itself,
its End User Customers, its Affiliates, or any other party. On electronically reported
trouble reports the electronic system will automatically update status information,
including trouble completion, across the joint electronic gateway as the status changes.
12.3.19 End User Customer lnterface Responsibilities
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.
12.3.19.2 All CenturyLink employees who perform repair service for CLEC End
User Customers will be trained in non-discriminatory behavior.
12.3.19.3 CenturyLink will recognize the designated CLEC/DLEC as the Customer
of Record for all services ordered by CLEC/DLEC and will 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 CLEC/DLEC End User Customers.
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12.3.20 Repair Call Handling
12.3.24.1 Manually-reported repair calls by CLEC to CenturyLink will 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 will 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 will be provided to CLEC for
each category of trouble situation being encountered.
'12.3.22 Network lnformation
12.3.22.1 CenturyLink will notify CLEC of changes to its network or LERG
amendments in accordance with the FCC rules, an in substantially the same manner
and timeframe as CenturyLink makes such network information available 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 will be occasions where this will not be possible.
CenturyLink will 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
itself, its End User Customers, its Affiliates, or any other party.
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 software 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.
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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 will
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.
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
Affiliates or any other party 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
characteristics (i.e., change of AMI to BSZS).
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-like basis, such embargo period
shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after
the Conversion Date. lf CLEC requests the addition of trunk capacity or modification of
circuit characteristics (i.e., change of AMI to BSZS) 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
eonversion embargo periods 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 like-for-like basis, such
embargo period shall extend from thifi (30) Days prior to the Conversion Date until five
(5) Days after the Conversion Date. lf 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
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embargo period, CenturyLink shall identify the particular dates and locations for Switch
conversion embargo periods 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, Billing 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 potentialfor 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 Affiliates, or any other party.
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.
12.3.24.7.3 The quiet period for frame conversions, where no LSRs except
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 will be rejected by CenturyLink.
12.3.24.7.5 LSRs requesting disconnect activity issued during the quiet
period, regardless of requested Due Date, will be processed after the quiet
period expires.
12.3.24.7.6 CLEC may request a Due Date change to a LNP related
disconnect scheduled during quiet periods up to 12:OO 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
lnterconnect Service Center. Such changes shall be handled as emergency
orders by CenturyLink.
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12.3.24.7.8 ln the event that CLEC End User Customer service is
disconnected in error, CenturyLink will restore service in substantially the same
time and manner as CenturyLink does for itself, its End User Customers, its
Affiliates, 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. lf
such generic Switch or software 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 party.
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 Office (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines published by the lndustry Numbering Committee (lNC) 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 will be considered the cunent
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 lt 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 traffic 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 will
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 will cooperate to timely rectify inaccuracies in its LERG data. Each Party will
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 Office 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.O - LOCAL DIALING PARITY
14.1 The Parties shall provide local Dialing Parity to each other as required under
Section 251(bX3) of the Act. CenturyLink will provide local Dialing Parity to competing providers
of Telephone Exchange Service and telephone toll service, and will 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.9., 0, 0+, 1+, 411).
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Section 15
Qwest's Official Directory Publisher
Section 15.0 . CENTURYLINK.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 will be the subject of negotiations between
CLEC and directory publishers, including CenturyLink's Official Directory Publisher.
CenturyLink acknowledges that CLEC may request CenturyLink to facilitate discussions
between CLEC and CenturyLink's Official 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 will provide a transfer of service announcement on
the abandoned telephone number. Each Party will provide this referral service consistent with
its tariff. This announcement will 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 lnterconnection 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 lnterconnection, access to UNEs or ancillary services, and the technical feasibility of
neWdifferent points of lnterconnection. CenturyLink will 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 will
refund one-half (112) 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 will 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 lnterconnection or ancillary services;
17.2.2 the desired interface specification;
17.2.3 each requested type of lnterconnection or access;
17.2.4 a statement that the lnterconnection or Network Element or ancillary
service will be used to provide a Telecommunications Service;
17.2.5 the quantity requested; and
17.2.6 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. lf requested, either orally or
in writing, CenturyLink will provide weekly updates on the status of the BFR.
17.4 \Mthin 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's conclusions as to whether or not the requested
lnterconnection or access to an Unbundled Network Element complies with the unbundling
requirements of the Act or state law.
17.5 lf CenturyLink determines during the twenty-one (21) Day period that a BFR does
not qualify as an Unbundled Network Element or lnterconnection or ancillary 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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17.6 lf CenturyLink determines during such twenty-one (21) Day period that the BFR
qualifies under the Act or state law, it shall notify CLEC 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 CenturyLink
notifies CLEC that the BFR qualifies under the Act, CenturyLink shall provide to CLEC a BFR
quotation. The BFR quotation will include, at a minimum, a description of each lnterconnection,
Network Element, and ancillary 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 lnterconnection, Unbundled Network
Element or ancillary service and any minimum volume and term commitments required, and the
timeframes the request will be provisioned.
17.8 CLEC 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 lf CLEC has agreed to minimum volume and term commitments under the
preceding paragraph, CLEC may cancel the BFR or volume and term commitment at any time,
but may be subject to termination liability assessment or minimum period charges.
17.10 lf 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 will provide all
responses to the other Party as soon as the Party has the information and analysis required to
respond, even if the time interval stated herein for a response is not over.
17.12 ln the event CLEC has submitted a request for lnterconnection, Unbundled
Network Elements or any combinations thereof, or ancillary services and CenturyLink
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 lnterconnection,
Unbundled Network Elements or combinations thereof or ancillary services by CLEC shall not
be subject to the BFR process. To the extent CenturyLink has deployed or denied a
substantially similar lnterconnection, Unbundled Network Elements or combinations thereof or
ancillary 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 CLEC to completea New Product Questionnaire before ordering such lnterconnection, Unbundled Network
Elements or combinations thereof, or ancillary services. ICB pricing and intervals will still 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 CenturyLink to prove the BFR is not
substantially similar to a previous BFR.
17.13 The total cost charged to CLEC shall not exceed the BFR quoted price.
17.14 Upon request, CenturyLink shall provide CLEC with CenturyLink's supporting cost
data and/or studies for the lnterconnection, Unbundled Network Element or ancillary service that
CLEC wishes to order within seven (7) business days, except where CenturyLink cannot obtain
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a release from its vendors within seven (7) business days, in which case CenturyLink will make
the data available as soon as CenturyLink receives the vendor release. Such cost data shall be
treated as Confidential lnformation, 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 otfered 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 "Audif' shall mean the comprehensive review of the books, records, and
other documents used in providing services under this Agreement. The term "Audif'
also applies to the investigation of company records, back office systems and databases
pertaining to Loop information.
18.2
18.1.2 "Examination" shall mean an inquiry into a specific element or process
related to the above. Commencing on the Etfective Date of this Agreement, either Party
may perform Examinations as either Party deems necessary.
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.
18.2.3 The Audit or Examination shall occur during normal business hours.
However, such Audit will be conducted in a commercially reasonable manner and both
Parties will 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 (2Yo) of the
amounts payable for the atfected 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 will 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 will 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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conduct of the Audit or Examination. The requesting Party will pay for the
reasonable cost of special data extractions required by the Party to conduct the
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. lf any program is
developed to the requesting Party's specification and at that Party's expense, the
requesting Party will 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 Party's commercially reasonable expenses in the event
an Audit or Examination identifies a difference between the amount billed and the
amount determined by the Audit that exceeds five percent (5%) of the amount
billed and results in a refund and/or reduction in the Billing to the requesting
Party.
18.2.9 The Party requesting the Audit may request that an Audit be conducted
by a mutually agreed{o independent auditor, which agreement will 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 ln 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 will 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. ln the event that any of the following
circumstances occur within thirty (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 will be affected by any statement to the contrary appearing on checks or
otherwise.
18.2.13 This Section will 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 Party or the independent
auditor in connection with the Audit is to be considered Proprietary lnformation as defined by
this Agreement in Section 5.16. The non-requesting Party reserves the right to require any non-
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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 will 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 Atfiliate of the Party being audited (including itself and its subsidiaries), the
Parties shall be allowed to examine such Affiliate's disaggregated data, as required by
reasonable needs of the Audit. lnformation 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. ln no case shall
the Confidential lnformation 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 will 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 lnterconnection services and access to Unbundled Loops
or ancillary services to the extent existing facilities are available. Except for modifications to
existing facilities necessary to accommodate lnterconnection and access to Unbundled Loops
or ancillary services specifically provided for in this Agreement, CenturyLink will consider
requests to build additional or further facilities for network Interconnection and access to
Unbundled Loops or ancillary 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 will be provided to CLEC. The
quotation will be in writing and will be binding for ninety (90) business days after the issue date.
When accepted, CLEC will be billed the quoted price and construction will commence after
receipt of payment. lf CLEC chooses not to have CenturyLink construct the facilities,
CenturyLink reserves the right to bill CLEC for the expense incurred for producing the
engineered job design.
19.4 ln the event a construction charge is applicable, CLEC's service Application Date
will 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 lndicator Definitions (PlDs), in their current form are included in
Exhibit B of this Agreement. Subsequent changes to these PlDs submitted to the Commission
shall be incorporated into Exhibit B as soon as they are effective either by operation of law or
Commission order, whichever occurs first and without further Amendment to this Agreement.
20.2 The CenturyLink QC Performance Assurance Plan (PAP) is attached as Exhibit
K of this Agreement. Subsequent changes to the PAP submitted to the Commission will be
incorporated into Exhibit K as soon as they are effective by operation of law or the effective date
as approved by Commission order, whichever is applicable, and without further Amendment to
this Agreement.
December 20, 20 1 7 I napl Malrix Teleco m d ba Tri nsic/Q/l D/CDS- 1 7 1 220-0003
CenturyLink Fourteen State Negotiations Template, v.07.01 .2017
308
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
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, consistent with 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 Intentionally Left Blank
21.4 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 CenturyLink service
offerings, inform End User Customers and suppliers, and promote engineering consistency and
CenturyLink's deployment of developing technologies. CenturyLink provides all of its Technical
Publications at no charge via CenturyLink's wholesale web site.
December 20, 201 7/nap/Matrix Telecom dba Trinsic/Q/l D/C DS- 1 71 220-0003
Centu ryLink Fo urteen State Neg otiations Template, v.07 .01 .2017
309
DocuSign Envelope lD: 79B6D7C7-3E09-41 89-958D-3D7A3B8A3986
Section 22
Signature Page
Section 22.0 - 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 lnterconnection Agreement.
Matrix Telecom, LLC. dba Matilx Bus
Technologies dba Trinsic Communications
Qwest Corporation dba CenturyLink QC
J:w!"v'o e;*
Signature
Douqlas Funsch
Signature
Diane Roth
Name Printed/Typed
Chief Revenue Officer
Name Printed/Typed
Director-Wholesale
Title
L/L9/2OL8
Title
L/L9/20L8
Date Date
December 20, 201 7/n a p/Matrix Te leco m d ba Trinsic/Q/l D/C DS- 1 7 1 220-0003
CenturyLink Fourteen State Negotiations Template, v.07.01 .2017
310
Deus}gn Envelope lD: 7986D7C7-3E094189958D3D7A388A3986
Exhibit A
ldaho
Select Traffic Type
New Options Notes
6.0 Resale Wholesale
Dscount
Percentage
Recuning
Sharoes
Wholesale
Discount
Percentage
Nonrecurring
Charoes
6.1 ates
.1.1 to
Basic Exchanoe Residential Line Service 18.25Yo 1E.25Yo
6.1.1.2 Basic Exchanoe Business Lane Service 1825v.18250/.
lntraLATA Toll 1A 250/.1A 250/"
6.1.1.4 Package / Special SeNices (e.9., Centrex, Discounted Line/Feature Packages, ISDN
PBX-Trunks, DSS & UAS, Frame Relay SeNice, LAN, MegaBit and other ACS)
18.25%1825%B B
.1.1.5 Listinqs. @ Features & lnformation Services 1825%18.25vo
6.1.1.6 Pnvate Lane 1825v.1825v"
oeEtor Seruies / Directoru Assistance (OS/DA)1a )50/"14250/"
Volume Packaoed Services - Hioh Volume Customers 6.65%6.65%B B
).1.1.3 ublic Access Line (PAL) Service 0.00%0.0070
6.1.2 ro
Basic Exchanoe Residentaal Line Service 19.370/o 19.37v"B B
Basic Exchanoe Business Line Servic€ / PBX 19.37%'t9.37vo
6.1.2.3 IntraLATA ToII '19.37v"19 37V"
6.1.2.4 Package / Special SeNices (e.9., C€ntrex, Discounted Line/Feature Packages, ISDN
PBX-Trunks, DSS & UAS, Frame Relay Service, LAN, MegaBit and other AcS)
1937v.19.37'/.B
Listings, @ Features & lnformation Services 19.37v"19.37v.B B
6.1 2.6 Private Line 19.37vo 19.370/o
6.1.2 )perator Seruices / Directorv Assistance (OS/DA)19 370k 19 37v"
Volume Packaoed Services - Hioh Volume Customers 6.87./.6.87Yo B B
Public Access Line (PAL) Seruice 0 000/0 0 00%B B
6.2
6.2.1 S Service
lvlanual
.2.1.1.1 lFirst Line s16.2:
6.2.1.1.2 lEach Addrtonal Lrne $2.27
6.2.1.2 [4echanazed
.2.1.2.1 lFrrst Line $0.63 B
.2 1.2.2 lEach Additional Line $0 1:
.2.2 Line
6.2.2.i Frrst Circuit s38 84
Additional Circurt, per Circuit, same CSR s33 B
2.3 vanced Communications SeNices, per Circuit s46Sl
7.0 lnterconnection
EntranceT-es7.1
7 .1.2 DS1 $103 61 s208 34
7 .1.3 s524.42 $277.73 B B
7.
7 .2.1 $0 0(SOa2)$0.00 $0.00 B B
7.3 Trunked
r.J I -eft BIank
ECUTI7.3.2 n0 Fixed & per Mile)
,ver0to8 Miles s1.25
7.3.2.2 Over 8 to 25 Miles s1 82
ver 25 to 50 Miles $37.35 $'1.81 E
)ver 50 lvliles
Fixed & per Mile)
$1.90 B$37.35
7.3.3.1 Over0toS lvliles s257 18 $1948
ver I to 25 Miles $260.49 $24.24 B B
ver 25 to 50 Miles $260.77 $26.43 B
7.3.3.4 Over 50 Miles $259.32 s26.35
7,ng
7.4.1 s263.$1 93.742 s304.22 $193.:
Page 1 of 12
11
1:i
1a
Transfer Charoe {CTCI
1
entionallv Left Blank
]T LJS1
ir I )S:i
I mnsmrt
tO DSO
O DS1
Osusgn Envelope lD: 798607C7-3E0$41 6$956D3D7A3B8A3986
Exhibit A
ldaho
7 onrccurtnq tarqes
751 eft Blank
7.5.2 aS l lnterface
7 52.1 First Trunk $229.40
7.5.22 Each Additional Trunk q5,
753
7.5.3.1 First Trunk $235.71 l
7.5.3.2 ach Additional Trunk Dtt./
7.6.1 Bland
7 6.2 -eft Blank
763 eft BIank
7.6.4
/ b5 -eft Blank
7 6.6 -eft Blank
End
I O_t
7.6.7.1
Plan Year 6
I .6.7.2 Tandem Switched Transport. Tandem Sl,vitchino, per Minute of Use'673 Tandem Transmission. per Minute of Use (Recurrino Fixed & oer lylile)
7.6.7 .3.1 lOver0toSMrles s0 0000r
7 .6 7 .3.2 lover 8 to 25 lvlles $0 000000 s0 000000
7.6.7.3.3 lover 25 to 50 Miles $0 SO76734lover 50 Miles s0 0(s0 0000r (
7.6.8 Etfective July 1, 2018
/.6.8. 1 End Office Call Termination. Der Minute of Use s0.000(
682 Tandem Switched Transoort. Tandem Switchino. Der Minute of Use s0
Tandem Transmission. oer Minute of Use (Recurrino Fixed & oer N4ile)'.6.8.3
s0 0000007.6.8.3.'l lOver0toS Mrles s0.000000 (
7.6.8.3.2 lover 8 to 25 lviles $0 0($076833lover 25 to 50 Miles s0 0000t s0 0000r
$0.0000007.6.8.3.4 lover 50 Miles $0.000000 C
-ocal Tra t Rate CaDs
ntentionallv771 eft Blank
7.8
7 .8.1 Expedite Charge (LlS Trunks)CenturyLink
QC Access
Service Tariff
7.8.2 Cancellation Charge (LlS Trunks)CenturyLink
OCAmes
Service Tariff
7.8.3 Additional Testing (LlS Trunks)CenturyLink
QC Access
Service Tariff
7.9.1 Local & lntraLATA Toll Transit, per Minute of Use(excludes tramc terminating to a CerturyLink
affiliate operating as an lncumbent Local Exchange Carrier)
$0.0045
ntentionallv792 eft Blank
7.9.3 ntentionally Left Blank
7.9.4 lateoorv 1'Mechanized Record Charoe. per Record
794'l Mechanized Transit Records s0.
.,t0 Access
7.10.'l Access Records
7.11 lntraLATA Toll Traffic CenturyLlnk
OC Access
Service Tarifi
CenturyLink
OC Access
Service Tariff
Traffic
7.12.1 Toll VolP-PSTN Traffic Appropriate
CenturyLinkAms Tariff
7122 lntentionally eft Blank
7.12.3 0v.0o/o 3 3
8,on
{ll Collocation
't.1 Plannino an(Enoineerino
8.1 11 lntentionallv Left Blank
4112 )able Auoment Ouote Preoaration Fee s1 284 3(
1.2 Entrance Facility
8.1.2.1 andard Shared, per Fiber $5 44 s61 6.3:
8.1 22 ros Connec't. Der Fiber $5.t $722.
I
$88.1 9 B$9,009.73
ffit )er. oer Set-Uo $399
132 )er Fiber SDliced s37 1{
14 ower
8.1.4.1 Power Plant
IIIIIIIIIIIIIIIIII
Page 2 ol 12
rnellv I cft Rlenk
(;
(;
t:
(;
C
(;
efiic
:1
Deusgn Envelope lO: 79BOD7C7-3E0$41E$95E83D7A388A3986
Exhibit A
ldaho
81411 $10.64
8.1.4.1.2 Equal To or Greater Than 60 AmDs, oer Amp Ordered $8.42 B
1.4.2
8.1 4.2.1 g2 47
8.1.4.2.2 or $4.93 B
8.1.5 AC Power Feed
1.5.1 AC Power Fee(8151I $16.09 i
8.1.5.1 .2 208 V, Sinole Phase q)7 B
8.1.5.1.3 s48.2t
81514 s32 1
1515 s55.68 B
3.1 5.1.6 480 V. Three Phase $ l11.B
1.5.2 I Power Fee(
152',|so 0084 s7
t.1.5.2.2 $0.0105 qo,B B
r.1.5.2.3 $0.0091 $8.
.1.5.2.4 s0 0125 s11 011525s0.0107 $9.2 )
.1.5.2.6 Three Phase s0.0147 $12 97 B B
s 1.5.2.7 s0.0127 $'11.
.1 5 2 I s0 0177 s15 61
.1.5 2 9 s0 0144 $12.64 B B
8. t.5.2.10 60 Amo. Three Phase s0.0204 $17.97
.1.5.2.'t1 s0 0'178 s15
152',t2 $0.0277 $?4 4,
8.'1.6.1 Reoular Hours s28.2t
1.6.2 er HouE Ra s37
17
8.1.7 .1 DS1 $0.0($0.()
1.7.2 s0 s0.00
.1.8 lollocation
181
8.1.8.1.1
.1.8.1.1.1 lCable Plaement oer Pair Block $o2262 s208 6118112lCable Plaement oer Termination s0 009(g4 12
1 1 100 Pair $0.3304 $304.71 B B
$0.$4.50
$0 57 $528 42
$0.0115 $8 62 B Bffi)0 Pair Block $0 2381 $219 55
818118 lBlock Placement. oer 3rmination s0.0048 $3.69
t6l/
14121 lcable Pla@ment oer DSls s041'll s362 1 4
Termanation s0.0442 s38.94 B B
1.8.1.2.3 28 50 s351.74
S0.0r s37.82go ?742 s241 59
s0 0330 $29.04 B B81.8.1.2.7 lPanel Placemenl. oer :DSlS $0 0847 s74.58
.1 .8.1.2.8 lPanel Placement. oer ermination s0 0091 s8 02
.1 8.1.3
$0.1521 $ 1 34.00 B B
1.3.2 Term $0.257 $227.14
.1.6.1.3.3 lPanel / Conneclor. Der ermination s0.262t $231.21
s0 0204 s1801
1814
8.1.8.1.4.1 lTerminations. oer 12 F s26.24 $1,513 88
.1.8.1.42 lAdditional Connector. if ,.oolimble s0 47 s41 1.65
181 43 lcable Rackino .Share($26 47
Dedicated $1.63 $1.433.96 B B
.1.9
8.1.9.1 SO
1.9.2 $7 0(
110
,.1.'10 1 $7.44
8.1.1 1 lntentionallv
.1.12 oae Availa rar0e $313.63 l
8.1.13 Collocation Space Reservation Fee Charge will
be25o/o ol
Nonrecurring
Fee
114 bllocation Fee s1.107 35
.1.15 s2.
8.1.16 sl 610 12
8.1.17ffi
8.1.19
8.1.20
1.20.1 TIE Cable Reclassitication ICB J
1?O2 $4 1l $503.72
8.1.20.3 s'1.079.85
1.20.4
Page 3 of 12
Deusgn Envelope lD: 7986O7C7-3E0941 89958 D3O7A388A3966
Exhibit A
ldaho
124 41 lSolitter in the Common Area Data to 410 Block $3(s2.689 07
8.1.20.4.2 lsDlitter in the Common Area - Data Direct to CLEC S3:s2 850 97 3
8.1.20.4.3 lSolitter on the IDF - Data to 410 Block $0 95 $834 92 B B
a 1 20.4.4 lsDlitter on the IDF - Data Direct to CLEC $1 s1.623.478.1.20.4.5 lsplitter on the lvlDF - Data to 410 Block s0 s861 91
8.1.20.4.6 lsplitter on the [4DF - Data Direct to CLEC $2 1I $1,922.42 B B
1205 Solitter Charoe tcB
121
81211 Maintenance Labor, per Half Hour (see rates in 8.2 2)
8.1.21.1.1 lReoular Hours Rate s29.01 15
8121 12 lAfter Hours Rate $39.0(
s.1.21 .2 Engineering Labor, per Half Hour (see rates in I 2 5)
8.1.21.2.1 lResular Hours Rate $32.94 158.1.21.2.2 lAfter Hours Rate $43.31
1213 lnstallation Labor. oer Half Hour (see rates in 8.2.6)
8.1.21 .3.1 lReoular Hours Rate s31 77
8.1 .21.3.2 lAfrer Hours Rate s41.32 15
8.
8.2.1
.2.1.1 uote PreDaration Fee s3,146.41
22 /a intenan€abor Der Half Hour
82.2.1 Reoular Hours Rate s29 01
.2.2.2 er Hours Rate s39.00 B
.23 Trainino La mr Der Half Hour
.2.3.1 Reoular Hours Rate s29.01
8.2.4 Bav Soace
.2.4.',|EouiDment Bav. Der Shelf $4.1 7 B
242 Vrrtual Soace Construction. lnitral Bav Provided $20 1f
t.2.4.3 Fach Additional Bav Soace s3 2,s2 854 I
8.2.4.4 Virtual Cable Rackino. per Shelf $0.4,s384
.2.5 -abor. Der Half Hour
2 5'l Reoular Hours Rate $32.94
8.2.5.2 After Hours Rate s43 31
.2.6 nstallation -abor, oer Half Hour
Reoular Hours Rate $31.77
aol After HouE Rate $41.32
8.2.7 Rent
.2.7.1 Floor Soace Lease. Der Souare Foot $2 70 B
27 2 Rent oerShelf $4.0:
28
8 2.9 ower Cable. per Cable
291 20 Amo Power Feed $4 s3.985.41
.2.9.2 Amo Power Feed $5 1t 54 trJ/ b/
8.2.9.3 40 Amp Power Feed $6 s5 480,
.2.9.4 Amo Power Feed s1 1.02 s9.706.03 B B
295 '100 Amo Power Feed
8 2.9.6 200 Amp Power Feed s34 t
.2.9.7 300 Amp Power Feed $54.39 $47,91 7.87 B B
298 400 AmD Power Feed $17.2'.$68.037.02 B
8.3 Caoeless
.3.1 )lannino an(Enoineerino
311 uote Preoaration Fee $3.1 46.41
32
8.3.2.1 Site Preparation Fee IB
.3.2.2 SDace Construction for 2 Bavs $23.39 $20.603.40 B B
323 lntentionallv Left Blank
8.3.2.4 lntentionally Left Blank
.3.2.5 Each Additional Bay $3 24 $2,854.33326Adiustment to use a Sinole Bav - Chanoe to Standard Desion ($3 24)(s2.854.33)B B
3?7 -48 Volt rc PowerCable oer Feed
8.32.7.1 120 Amp Power Feed $4 s3 985 41
8.3.2.7.2 130 Amo Power Feed $5.15 s4,537.67 l
a3.2.7 .3 140 Amo Power Feed $6.2:$5.480.42 B B
8327 4 160 Amo Power Feed $11.$9.706
a327 5 I 1 00 AmD Power Feed $18 t
8.3.2.7.6 1200 Amp Po,ver Feed $34
8.3.2.7.7 1300 Amo Power Feed $54.39 s47 .917 .87 B B
8327.8 1400 Amo Power Feed $77."
3?A
8.3.2.9 Caqeless Bav Fees
8.3.2.9.1 lBav. per Bav $2042.23 1
83 2.9.2 12.5 lnch SDacer Fee. Der SDacer $269.64
83293 l5 lnch SDacer Fee. Der SDacer
.3.3 927
4.4 fiation
41 )lannino an(Enoineerino
8.4.1. 1 Quote Preparatjon Fee s3 185
8.4.2 Dace Cons ruction and Site Preparation
.421 Site Preoaration Fee ]B
422 lntentionallv Left Blank
8.4.2.3 lntentionally Left Blank
Page 4 of 12
DeuS$ Envelcpe lD: 7986D7C7-3E0941 6$958D3D7A388A39E6
Exhibit A
ldaho
18.4 2 4.s38.51
t8.4.2.4.B
184241 $42.18 s37,1 54. 1 1 B B
1to $44.18.4.2.5 llntentrona
8.4 2.6 l-48 Volt
la426 $5.62 $4.954.85 B B
30 Amo Power Feed $6:s5.457.64
t8.4.2.6.:$7 41 s6 526 00 B18426t$12.23 s10.772.79 B B
s19.90 s1 7.531.29
s37
18.4.2.6.s58:Bla4)6 s82.71 $72.861.29 B B
8.4.3 oace Construction - Fencinq Credit
.4.3.'l lcaoe Uo (s10 07
432 lcaoe l ($1 2.70 ($7, I 35.89)B B
to ($14.47
8.4.3.4 lCaoe: 3(($1 6.1 t
4.4 $27
45
.4.6
8.4.7 lntentionally Left Blan
4.8
8481 12loA\per oot $0.0097 $8.52 B
$0.017 s14.99
.4.8.3 t4toA Der s0 02(s17 64
484 1350 kcm oer s0.0258 $22.77 B B.4.8.5 1500 kcmrl , per Foot $0.s26.35
8.4.8 6 1750 kcm pef $0 $40 17
8.1 3
8.6
.6.1
$0 57 $665.47 B B
T Pair $0.3t $484.908.6.1.3 lPower I saoe
t8.6 1 3
1s613'or Used
15
Fee s1.064.52
6_O_2 Adiacent Remote Co ICB
bJ
s36.1 6 B
no. Der Half Hour s35.65
$29 40
8.6.3.4 I lnstalla on.oer s29 40 B
$29.40 B
4.7 CLEC-to-CLEC
lr l Desion Enoaneerino
4.7 .1.'l lFiber Fla s1,229.81 B
$634.76
7.2
4.7.2.1 lDSo. oer s0 11
4.7.2.2 lDSl oer $0.13075 B
a7 23 lns3 oer $0.1 023,
ber s0.93311
8.7.3 Virtual Connections
8731 lnso oer $1 94.39 B
Connections s91.54
s5 90
.3.2\$37 15 't5
7.4 $386.8975$201.36
8.tam
8.1 s1.284.3(15a2sl 7.s2.171.94
8.8.3 DSI Circuit, oerTwo -eos s0 91 s71 59
.8.4 DS3 Circuit Der Two -egs $8.91 s1j82.27 12 1285Fiber Circuit Der Two _e0s $2.:$236.98
8.9 Collocation Cancellation QPF,
Prorated Job
Costs
8.9. 1 Labot Other.Half n 9.20)8.9.1.1 lAdditiona s27.70 15
9.12 lAdditiona s36.98 15
$462
9.2 s87 98
8.10 rcB ICB 3
Page 5 of 12
D@uSiign Envelope lD: 7986D7C7-3E0+4'189958D3O7A38843986
Exhibit A
ldaho
8.11 Left
8.'
12',|eouest ICB
8.12.2 Enoineerino Fee. oer Job rcB
12.3 loDDer En 100 ICB ICB 3
124 Strands (see rates in 8.'1.2.1)$5.44 $616.32 15 1l
rotectors. oer 1 00 Pairs )B ICB
8.12.6 ]B ICB
't2.7 lS1 Voltaoe rcB ICB 3 3
8.13 Power Reduction
13.1 )ower Reduc
13 11 uote Preoara on Fee. per Office $703.70
13.1.2
8.13.1.2.1 ess Than 60 AmDS s494,
.13.1.2.2 Equal To 60 Amps s706.91 B
13 1 2.3 reater Than 60 Amos s895.31
r.13.1.3 )ower Off Der Faed Set. oer Secondarv Feed s621.
8.13.1.4 s64
13.1 5 Board BDFB tub 3
132 )ower Res
8.1 3.2.1 Quote Preparal on Fee Der Ofiie s703 7
.13.2.2
81322.1 )ower Restoration with Reservation't32211 lLess Than 60 Amos s494 4a13)212 lEoual To 60 Amos s706 91
8.'13.2.2.1.3 lGreater Than 60 Amps $895 31 12
a 13222 )ower Restoration without Reservation ]B
8.13.2.3 Location Chanoe om Power Board to BDFB
8.on Tmnsfer o
ntentionallV
8.14.2 \ssessmenl Fee. per Reoues s1 036 (
E.1 4.3 {etwork Svs $1,586.(
8.14.4 Transfer of Responsibility applies to Wireline & Wreless Local lnterconnection Trunks, UDIT,
Unbundled Dark Fiber, per Circuit
$32.80 12
I 14.5 Transfer of Responsibility applies to Unbundled Loop, Subloop, Loop Splitting, Loop Mux Combo,
EEL, per Circuit
s32.80 12
8.on Available
815 1 ES
8.15.1.1 Removal of Term nalions
8.15.1.1.1 DSo, per 100 Terminations ICB
a 15 1.1.2 lS1. DerTermrnation ]B
815 113 )S3 Der Termination ]B
8.15.1.1 4 OCN, per 12 Fibers ,6
8.15.2
1521 $1.051.23 12
.15.?.2 $1.652.38
15.2.3 s163 65
8.1 5.3 3-uuble E ICB
8154
8.15.4.1 Caoeless (see ra ein8311)
15.4.2 rate s3 185 58
8.on Oecotm ssionino lsee m es in 9.201
8.16.1 alf Hour or fraction thereof
16 11 blt.tu
16 12 Additional Labor I Overtime s36 98
8.16.1.3 Additional Labor I ter Premium s46.29
8.16.2 Order s87.98
4.17 no
817 1 see rate in 8.2.:. l with a one hour minimum)s58.02
8.17.2 see rate in I 2 2 1)s29.01
9.
9..Tie 'ermination
9.1.1 s0 38
.1.2 $1 24 B
t.t $14 7l B
9.2 Unbundled LooDs
.2.'l See 9.2.4
2.1.1 e LooD
9.2.1.1.1 lne 1 s15 65
9.2.1.1.2 Zone2 s?3 7
.2.1.1.3 Zone 3 $40 50 ##
212 Blank
9.2.1 .3 e Looo
Page 6 of '12
DGuSgn Envelope lDr 798607C7-3E0$41E$95ED3D7A3BEA3985
Exhibit A
ldaho
9.2. 1.3. 1 Zone 1 s30.70 #4
9.2.5.2 Zone2 s46.63 ##
.3.3 Zone 3 $79.47 #
22 ooDs ee ,4
9.2.2.1 2-Wre Nonloaded Loop
.1.1 )ne 1 s15.65 #4
12 )ne 2 b/-1 /b ##
.1.3 Zone 3 s40.50
9.2.2.2 lnten
LooD
31 )ne I $30 70 ##
9.?.2.3.2 Zone 2 $46.63 #
922.3.3 Zone 3 $79.47 ##
.2.2.4 $9.00
225 no s22 00
9.2.3 )iqital CaDable Loops
/5 t /XDSL-l Caoable .4
11 lne 1 s15 65 ##
9.2.3.1.2 Zone 2 $23.76 #i
)ne 3 s40 5t #
.2.32 Blank
.2.3.3 ee 5
9.2.3.3. 1 Zone 1 s86.48 #
.3.2 Zone2 s86.,t#
33 rne 3 $9S #
.2.3.4 -oop ee
9.2.3.4.1 Zone 1 $941.95 ##
4.2 Zone2 $955 04 f4
43 lne 3 sl 264
'.2.3.5O'?A 2-Wire Extension Technoloov $22.00
9.2.4 Loop lnstallation Charges for 2 & 4-Wire Analog / Nonloaded, ISE[.] BRI Capable and XDSL - |
Capable Loops where conditaoning is not required.
See 9.2.1 &
9.2.2
t.2.4.1 Basic lnstallation
3.2.4.1.1 First $11.03 A
12 ach Additional
on with PerFormance Testino
9.2.4.2.1 First i17 .72
.2.2 Each Additional
9.2.4.3 tuordinated lnstallation with Cooperative Testing / Prolect Coordinated lnstallation
rst
9.2.4.3.2 Each Additional ;94.09 #
9.2.4.4 hordinated lnstallation without Cooperative Testing i Prolecl Coordinated lnstallation
.4.1 First s59.81 #
.4.2 Each Additional245on with Cooperative Testing
9.2 4.5.1 First t't42.14 #
9.2.4.5.2 :ach Additional s94.09 #
.2.5 )iSI Looo ee 9.2.3 3
251 on
9.2.5.1.1 First ;128.71 B
.1.2 Each Additional t
.2.5.2 on with Performan€ Testino
21 First
Each Additional 212 57
9.2.5.3 Coordinated lnstallation with Cooperative Testing / Project Coordinated lnstallation
31 Fi rst
32 Each Additional
9.2.5.4 Coordinated lnstallation without Cooperative Testing / Project Coordinated lnstallatron
4',|First
.4.2 Each Additional 106.79
9.2.5.5 Basic lnstallation with CooDerative Testino
.5.1 First
52 Each Additional
.2.6 See 9.2.3.4
9.2.6.1 on
.1.1 First
12 Each Additional
9.2.6.2 Basic lnstallation with Performance Testino
.2 1 First
.2.2 Each Additional
9.2.6.3 Coordinated lnstallation with Cooperative Testang / Prolect Coordinated lnstallation
9.2.6.3.1 First $31 6.94 B
.3.2 Each Additional
9.2.6.4 Coordinated lnstallation without Cooperative Testing / Project Coordinated lnstallation
9.2.6.4.1 First s'r 35.78 B
Page 7 oI 12
ll oon I Jnloadrno
lnql CaMhlp I ddn
llr*cntidnellv I pfi Rlank
t9) aa,l s1 71
lReqra lnsta
191 ^)')
d^n ln<trll2li^n ahrrnoe
O@uSlgn Envelope lD: 7986D7C7-3E094'189958D3D7A388A3986
Exhabit A
ldaho
) 6a nstallation with CooDerative Testino
1 I First $272 24)lEach Additional $1 95
.2.1 lntentionallv
28 Private Line Soec al Access to Unbundled LooD Conversion (as is)s34.50
9.1
.3.1 co an(Nonloaded Distribution Loop
.3.1.1 $1 07.9:
9.3.1.2 Each s29 62
.3. 1.3 Each
,1 lzone I $1 1.00 ##
2 lzone 2 $16 7
1 $27 57
?,ntentionallv ank
33 ntra-Buildino 1 ,ooo. oer Pair $07
9.3.3.1 No
Each
$51.97
$21.32
333 I
,pdrur ri Eaur r ^uuruv, 'orch First $98.1 4
334 I ch EachAdditional s31.
9 3.4 lrtentionally Left Blank
35 ooo A6ess
351 ll $110,
9.3.5.2 MTE-I )Ol Rearrangement of Facilities ICB
.3.5.3 I - POt ICB
.3.6 ank
37 oint (FCP)
9.3.7.1 s1 197 07
.3.7.2 I iet-Uo per Request $3,291.1 1
373 I Dlicino. oer 25 Pairs o tJ_oo 12.3.7.4 I eclasification $463.:
9.4 rared
41 ntentionallv ank
.4.2 Line Solittinq
.4.2.'l I $33.79 I
4.3 ooo SDlittir
).4.3.1 nstallation Charoe for Looo Solittino s33 7
9.4.4
9.nterface De!ce $0 51 s52.7
9.6
.6.1 no Flxed & Der Mile)$241.74 B
611 ver to 8 Miles 524 67 $0;
9.6.'1.2 Cver to 25 lvliles SO
.6. 1.3 ver 25 to 50 Miles s24.86 s0.'15
6't 4 ver l\4iles $24.$0.05 B B
62 ]S1 UDIT ecurr no Fixed & mr Mile)$284.t
9 6.2.1 0toB $3
.6.2.2 ver to 25 Miles bJ/.zb ea to B B
623 ver to 50 Miles $39 ut.ot
9.6.2.4 $0 78
.6.3 ecurr no Fixed & per Mile)$284.
.6.3.1 ver to 8 Miles $238.61 uf,4.u/B B
.6.3.2 to 25 Miles $242.s lo./o
9.6.3.3 s223 s21 34
.6.3.4 ver lvliles s235.64 $14.83
6.4 ank
65 ank
9.6.6 lntertionallv Left Blank
.6.7 'tanne erformance
671 T Low Side Channelization $13 B
68 ntentionall y Left ank
).6.9
9.6.10 v Left Blank
.6.1 1
611 1 nole Ofllre $164.,
9.6.1 1.2 ){El C-ffiE
.6.1 1.3 g2?1 94
6114 aoacitv. Dual Office $249.30 B
612 )rivate I ine al Access to UDIT Conversion (as is)$131.19
9.7.1 s Inou rv (lRl)
711 e $196.02 B
9.7 .1.2 Oomp s251.07
9.7.2 and Quote s907 28
7.3 10 rneefl no on $297.03 ]
.7.4 UDF - Sing
9.7.4.1
4.1.12 lorder Charoe. Each Addrtional Strand / Route / Order $255.66 B
Page I of 12
Deusign Envelope lDi 7986D7C7-3E094'189958D3D7A388A3986
Exhibit A
ldaho
9.7.4.1.3 Fiber Transoort. oer Strand / lVile $50.87 o
.7 414 Temination. Fixed mr Strand / Offle / Termination $4
9.7.4.1.5 Fiber Cross-Connect (Minimum of 2 Cross-Connects apply), per
Strand
a, 20 $19.38 B B
75 JDF oer Pa
t.7.5.1
).7 .5.1.1 )rder Charqe. oer First Pair / Route / Order s492.60 B
.7 .5.1.2 rder Charoe. Each Additional Pair / Route / Order s255.667513Fiber Transport, per Pair / lvile
9.7 .5.1.4 Termination. Fixed. oer Pair / Office / Termination $7 31 B
9.7.5.1.5 Fiber Cross-Connect (Minimum of 2 Cross-&nnects apply), per Pair $4.43 $19.38 B B
lark Fiber sbu/ 6(
9.7.7 UDF MTE Sublooo ICB tcB 3 3
9.(
9.9 (
9.'(
9.11 (
9.'(
9.'(
9.14
9.,(
9.16
9.17
9.18
9.,
9.'19.1 CLEC Requesled UNE Construction (CRUNEC) - applies to Unbundled Dark Fiber, Unbundled
Loop, Loop Mux Combo, EEL, UDIT & Subloop
19 11 reoaration Fee s347 ,
.19.1.2 $863.,
9.19.2 Construction of Network Capacity, Facilities or Space for Access to or use of UNES ICB ICB J J
9.:
t20 1 notneenno Der .lalf Hour or fraction thereof
9.20.1.1 Additional Enoineerino - Basic $31.74 B
.20.'1.2 neerino - overtime s39 61)na
202',|s9
9.20.2.2 Additional Labor lnstallation - Premium s18.05 B
9 20.3 )or Other. oer alf Hour or fraction thereof
.20.3.1 s27.7
2032
9.20.3.3 Additional Labor Other - (Optional Testino) Premium $46.29 B
9.20.4
ZU-J
206
9.20.6.1 Addtional CooDerative Acceotance Testino - Basic s29.40 B
20.6.2 $39.:
20 6.3 s49 1
207 or thereof
9.20.7.1 Nonscheduled C coDerative Testinq - Basic s29.40 B
.20.7 2 ooDerative Testino - Overtime s39:
207 3 ooperative Testin0 - Premium s49
208 lvlanual Half Hour or frac{ion
9.20.8.1 anual Teslino - Basic s29.4(B
20.82 anual Testino Overtime s39:
2083 anual Testing - Premium s49 1
?o0
9.20.10
sDatch. oer O(er
Order $73.99 B
9.20.14 vanced $400 (I
]B
alf Hour or fraction thereof
20.16.1 of s28.86 B
lMaantenance of ervice - Overtime $36.
lMaintenan€ of eruim - Premium s46:
9.21 Channel Reoeneration
Page 9 of 12
OeuSgn Envelope lO: 79BOD7C7-3E0941 89958D3D7A388A3986
Exhibit A
ldaho
$0.0($0 0(9.21.1 DSl
$tl s021.2
9.(
9.:
.23.1
923.2.1
19.23.2.1.1 .1 First $245.1 1 I
ach Additional $182.9719 23.2.1.1.2
mo (se rates in I 2 '1 1')232.'1.2 l2-WireAnaloo
19.23.2.1.2.1 Zone 1 s15.65
19.23.2.1.2.2 Jne 2 bzJ /o 15
3ne 3 s40.t19232123
.23.22 4-Wire
:i rct
:ach Additional
$245.1 1
$182.97
1923 2.2.1 1
19.23.2.2.1.2
19.23.2.2.2.1 3ne 1 $30.70 15
ane 2 $46.19232222
3ne 3 $,79 4719232.223
232 3
23231 IEEL AS1 LooD allation:iEt $-1tru,192323't 1
1923.2.3.1.2 Each Additional $225.39 1
9.23.2.3.2 lDSlCapable
ine 1 586 r19232321
S86 r19.23.2.3.22 Zone2
1923.2.3.23 cne 3 qoo oA 15
9.23.2.4
allation.23.2.4.1 IEEL DS3 Loop
l.9.23.2.4.1.1 Fi rst $323.61
t9.23.2.4.1.2 :ach Additional s248.51 1
9.23.2.4.2 lDS3Capable
one 1 s94119232421
1923.2.4.2.2 Zone 2 s955.04
t9.23.2.4.2.3 one 3 $1.264.56 15
, Coruersion (as isl s34 t9.23.2.5 Private Line / Special Access to
.23.2.6
$1 30.83 '12
$148.
9.23.?.7
Fixed rates
19.23.2.7.1.'l )ver0to8 Miles $24.67 $0.29 15
ver 8 to 25 lvliles s24.69 s0.23 15192327.12
s24 $0 15 '1519.23 2.7 .1 3 )ver 25 to 50 Miles
1923.2.7.1 4 Over 50 lvliles $24.69 $0.05 15
2327 2 lDSl (Recurrino (ed & oer l\4ile) (see rates in 9.6.2)
ver0toS Miles $36 43 15192327 2',|
151923.2.7 22 Over 8 to 25 Miles $37.26
1923.2.7.2.3 Over 25 to 50 lvliles $39.1 2 $1.81 15
1923.2.7.2.4 ver 50 [iiles $31.77 $0.78 15 15
(ed & oer Mile) fsee rates in I 6 3)9.23.2.7.3 lDS3(Recurrino
1519.23.2.7.3.1 Over0toB Miles $238.61 $54.07
1923.27 32 f,ver I to 25 Miles $242.03 $16.78 '15
ver 25 to 50 l\4iles s223.90 s21.34 1519.23.2.7 33
)ver 50 Miles s235 64 s14 83 1519232.7 34
2328
s263 86 $246.92 o 1
s30422 s246.92
.23.2.9
$13.10 B
3 Channelizataon $7.47 B
9.24
9.25
925 1 -oop Mux, :
9.25.1.1
$?25 67
$ 1 48.96 1
-Wire Analoo Looo fsee rates nm 9.2.1.1)9.25.1.2
1 s15
s?37
s40.50 15
9.25.2.1
$225.67 1
$1 48.96 1
4-Wire Analog Loop (see rates 2.1.319.25.2.2
s30 71
IIIIIIIIIIlrIIII
Page 10 of 12
DeuSjign Enwlope lD: 7986O7C7-3E094'189958D3D7A3B6A39E6
Exhibit A
ldaho
9.25.2.2.2 lzone 2 $46.63 159.25.2.2.3 lzone 3 579.47
9 25.3 -ooD lvlrx. C 1
253',|LMC DS1 Loop lnstallatron
9 25 3 1 '1 lFirst $285 (
.25.3.1.2 lEach Additional s209
2532 DS1 Capable Loop (see rates in 9.2.3.3).25.3.2.1 lZone 1 $86.48 159.25.3.2.2 lZone 2 s86.4
.25.32.3 lzone 3 s99
925 4 )rivate Line,Special Access to LMC Conversion (as is)s34.50 B
9.25.5 DS0 Channel Performance
9.25.5.1 lntentionallv Left Blank
.25.5.2 DS1 / DSo Low Side Channelization $7 47
9256
).25.6.1 DSO $1 30.
9.25.6 2 lioh Caoacitv $148t
10.1 nb€r Porta
10.1.1 LNP Queries See CLOC
Access Tariff
#'t'l
See CLOC
Access Tariff
#11
'to.l.2
10121 andard Managed Cuts, per Person, per Half Hour s26.57 B
10.1.2.2 Cvertime Manaoed Cuts. oer Person. Der Half Hour $34.4
10.1.2.3 )remium Manaoed Cuts. oer Person. oer Half Hour $4221
10.
).2.1 911/E911-Callino No Charoe c Charoe
10.3
1031 )rimarv I is n0 No Charoe c Charoe
10.3.2 Premium / Privacy Listings General
Exchange
Tarifi Rate,
Less
Wholesale
Dscount
General
Exchange
Tariff Rate,
Less
Wholesale
Dscount
10.4 Based
10.4.1 $0.34
10.4.2 $0 34
10.4.3 -eft Blank
1044 -eft Blank
10.4.5 on. per Call $0.04
10.5 Directorv ssistance -ist lnfonmtion
1051 )ase Load, per Listino $0.025 B
10.5.2 Reload of Database. oer Listinq s0.(
10.5.3 es. Der Lastino s0 25
10.5.4 ne-Time et-Up Fee s73.29 B'1055
10.5.5 1 Electronic Transmission $0 0(
10.6 Toll and,ssistance perator Services, Facility Based Providers
1061 $0 s0 2
10.6.2 Lett Blank
10 6.3 -eft Blank
10 6.4 s10,500.00 2
1065 $800 00 2
't0.7 Access ,oles. Ouc s. Conduits and Riohts of Wav (ROWI
10.7.1
107 2
$34 1.63
-5ffi57
1
10.7.3 ROW lnquiry Fee. oer lnouirv $378.87
10.7.4 9122.91 1
10.7.5 s20.48 11076Manhole$190.89
10.7.7 s16 52
10.7.8 lcation lnspector, per Manhole $92.1 I 1
10.7 I (e-Ready lnspector. per Manhole $245.82 1
esponsibility $106.86
10.7.11
Urban
Non-Urban $s 00 4
10.7.12 lnnerduct
10.7.12.1 Mrcroduct Occuoancv Fee. oer Microduct. oer Foot oer Year $0 1861
lnnerduct Occupancy Fee, per Foot. per Year $0.6689 4
10.7.13 $10.00 B
ICB
12.O
Page 11 ol 12
1
'1
, Manaoed Clrts
r' Assr$arce oer C.;all ')
oer (;all ?
)
:riia Chardps for trala ncliveru
I llrandrnd SFt-lln I Remr.iino
oadind Rmn.l nc. S\ril.h
i lnoutru Fee nct lndtnru
nnctairla'l lnd[iru trae nar Indiliru
1
lrrheafion Fpc nar Polp
1
anner Verification oer l\ranhole 1
1
!e Der Foot oer Year
4
ccess Aoreement ft nsideration
e Readv
D@usgn Envelope lD: 798607C7-3E0941 8$958 D3D7A388A3986
Exhibit A
ldaho
12.1 s5 0(
12.2 $'1.4(
12.3 E- mr Recon $0.00041 I
12/Trouble See 9.20
krna F Reoues
17.1 ,rocess $1.851 .
all ro Public Ulililes C
(et usw-T-96-effective Seotem
rates
Effective 12-29-1
##. effective 67i02.eductions reflected inlhe 7 |1OIO2
"clive 12h6n2 eductions reflected in the 10/16/02 E
1 TELR|CratesproposedinCostDocketOWE-1-01-11testimonyfiledonNovember12,2003. Thecasewasbifurcatedandtheratesusingthisfootnoteare
Drooosd in Phas 2 of the cost docket.
ual Case
ldaho
5 FCC ordered rates pursuant to the FCCS Order on Remand aM Report and Order (lntercarrier Compensation for ISP-Bound Traffic) CC Docket 01-131 (FCC ISP
Order), efective June '14, 2001.
o Effective August 1, 2003, Qwest will no longer bill the recurring and nonrecurring charges for Channel Regeneration. Qwesl reserves the right to revert back to the
6rtracutal rate onlv after aooroDriate notice is oiven.
7 ThepreliminaryOuotePreparationFees(QPDareincludedinthespaceconstructioncharges. Uponcompletionofthecollocationconstruclion,theQPFwill be
credited to the final space construolion charge for the virtual, caged or cageless collocation job. These engineering and planning charges are also included in the
Virtual Caoed and Caoeles Ouote PreDaration Fees.
ucino this rate n order to keeo ra e relationshrD with 'le Fiber Transport "per Pail' rate e ament.
not e or charoe in s billino svstem bL
11 Market-based prices, All charges and increments shall be the same as the comparable charges and increments provided in CLOC Tariff F. C.C No. I 1, Section 5
(Formerlv Qwest Taritf FC No. 1. Section 5)
13 The provision of transiting services is not required pursuant to Section 251 of tne Telecommunications Act Qwest has chosen to offer this service as part of its
interconner.iion aoreement but this eruice is not reouired to be oriced accordino to a TELRIC methodoloov.
14 and is beino used because the costs for this element are the same
15 ement in a differer'rt section of El
Page 12 of 12
DocuSign Envelope I D: 7986 D7C7-3E09-41 89-958D-3D7A3B8A3986
ql $s*NZr* . -'!ss \w Centurylink.
Service Performance lndicator Definitions (PlD)
Centurylink QC
ICA Exhibit B - PID Version 10.0
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-307A388A3986
QWEST CORPORATTON DBA CENTURYLTNK QC',S ("CENTURYLINK QC',S") SERVICE
PERFORMANCE tNDICATOR DEFTNTTONS (PrD)
PID Version 10.0
lntroduction
Centurylink QC will report performance results for the service performance indicators
defined herein, CenturyLink QC 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 CenturyLink QC's
retailcustomers in aggregate. Within these categories, performance results related to
service provisioning and repair will be reported for the products listed in each definition.
Reports for CLECs individually will be subject to agreements of confidentiality and/or
nondisclosure.
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 ,2013 Page i
Docusign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
GenturyLink QC's Service Performance lndicator Definitions
Table of Contents
ELECTRON IC GATEWAY AVAI LABI LITY
GA-1 - Gateway Availability - LSR
GA-3 - Gateway Availability - Repair
GA-4 - System Availability - ASR......
GA-7 - Timely Outage Resolution following Software Releases...
PO-1 - Pre-Order/Order Response Times
PO-2- Electronic Flow{hrough ................
PO-3 - LSR Rejection Notice lnterval.......
PO-s - Firm Order Confirmations (FOCs) On Time
PO-g - Timely Jeopardy Notices...........
OP-3 - !nstallation Commitments Met...
OP-4 - Installation Interval................. .
OP-s - New Service lnstallation Quality
OP-8 - Number Portability Timeliness..
OP-15 - lnterval for Pending Orders Delayed Past Due Date
MAINTENANCE AND REPAIR
MR-5 - Troubles Cleared within Specified lntervals.
MR-6 - Mean Time to Restore
MR-7 - Repair Repeat Report Rate..
MR-8 - Trouble Rate.......
MR-g - Repair Appointments Met
MR-11 - LNP Trouble Reports Cleared within Specified Timeframes..............
BILLING..
Bl-2 - lnvoices Delivered within 10 Days
Bl-3 - Billing Accuracy - Adjustments for Errors
Bl-4 - Billing Completeness....
DATABASE UPDATES .............
DB-1 - Time to Update Databases
N ETWORK PERFORMANCE...
Nl-1 - Trunk Blocking...
COLLOCATION
CP-2 - Collocations Completed within Scheduled lntervals.
DEFINITIONS OF TERMS
GLOSSARY OF ACRONYMS
Centurylink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 , 2013 Page ii
....1
....1
...,2
....3
....4
..5
..5
,,7
..8
..9
12
13
15
17
20
21
23
23
25
27
29
31
32
DocuSign Envelope I D: 79B6D7C7-3 E09-41 89-958D-3D7A388A3986
Electron ic Gateway Avai labi I ity
GA-l - Gateway Availability - LSR
luates the quality of CLEC access to the gateway systems offered by CenturyLink QC for
LECs to submit LSRs and associated systems that facilitate access to the gateway(s),
on the extent are actuall available to CLECS.
urpose:
rription:
-<Name of LSR Gateway or Associated System> NorE 1: Measures the availability of the
gateway interfaces through which CLECs process LSRs, and reports the percentage
of Scheduled Availability Time the 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://www. centurvlink. com/wholesale/cm p/ossHours. htm l.. Time Gateway is Available to CLECs is equal to Scheduled Availability Time minus
Outage Time.. Scheduled Availability Time is equalto 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
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 affecting CenturyLink QC's ability to serve its customers. An outage is
determined by CenturyLink QC technicians through the use of verifiable data, collected
1
S and/or from mechanized event man entfrom the affected
Unit of Measure: PercentReporting Period: One month
Reporting Comparisons: CLEC
aggregate results
Disaggregation Reporting: Region-wide level.
Formula:
([Number of Hours and Minutes Gateway or system is Available to CLECs During
Reporting Periodl + [Number of Hours and Minutes of Scheduled Availability Time During
Reporting Periodl) x 100
Exclusions: None
Product Reporting: Reported by gateway or
associated system, for each LSR submittal gateway
and for each system that facilitates access to the
LSR gateway(s), to the extent availability is not
counted as part of the LSR-processing gateway(s).
Standard: Diagnostic
Availability: Available
(Prior to turn-up of new systems that replace
those addressed in this measurement,
parties will work together to establish a time
frame for reporting and review of the new
measure.)
Notes:
1 . Such as "GA-1-IMA-GU!," 'GA-1-
XML,' NorE 2 or "GA-1-SIA,' with other
gateways or systems being limited to
those that replace these gateways.
2.GA-1-XML replaces the former GA-8 PID
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 , 2013 Page't
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
GA-3 - Gateway Availability - Repair
Purpose:
Evaluates the quality of CLEC access to the gateway interface offered by CenturyLink QC
for CLECs to electronically submit repair trouble tickets, focusing on the extent the gateway
is actually available to CLECS.
Description:
GA-3-<Name of Repair Gateway> NorE 1' Measures the availability of the gateway
interface(s) through which CLECs submit repair troubles and reports the percentage of
scheduled availability time the interface is available.. Scheduled Up Time hours are based on the currently published hours of availability
found on the following website:
http://www. centuryl ink. com/wholesale/cm p/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, affecting CenturyLink QC's ability to serve its
customers. An outage is determined by CenturyLink QC 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 Availability During Reporting Period]) x 100
Exclusions: None
Product Reporting: Reported by system,
for each repair trouble submittal gateway.
Standard Diagnostic
Availability: Avai lable
(Prior to turn-up of new systems that
replace those addressed in this
measurement, parties will work together to
establish a time frame for reporting and
review of the new measure.)
1. Notes: Such as'GA-3-EB-TA" or "GA-3-
Repair 69;' NorE 2, with other gateways or
systems being limited to those that replace
these gateways.
2. GA-3-Repair GUI replaces the former GA-
6-GUl-Repair PID.
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 ,2013 Page 2
DocuSign Envelope lD: 7986D7C7-3E09-41 89-9580-307A388A3986
GA4 - System Availability - ASR
Purpose:
Evaluates the quality of CLEC batch access to electronic systems offered by CenturyLink
QC for CLECs to submit ASRs, focusing on the extent the systems are actually available to
CLECS.
Description:
GA4-<Name of ASR-processing System> NorE 1' Measures the availability of the electronic
ASR submittal system and reports the percentage of scheduled availability time the system
is available.. Scheduled Up Time hours are based on the currently published hours of availability
found on the following website: http://www.centurvlink.comArvholesale/cmplossHours.html.. Time System is Available to CLECs is equalto Scheduled Availability Time minus
Outage Time.. Scheduled Availability Time is equalto 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, affecting CenturyLink QC's ability to serve its
customers. An outage is determined by CenturyLink QC 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 Gomparisons: CLEC
aggregate results
Disaggregation Reporting: Region-wide
level.
Formula:
([Number of Hours and Minutes E)GCT is Available to CLECs During Reporting Period] +
[Number of Hours and Minutes of Scheduled Availability During Reporting Period]) x 100
Exclusions: None
Product Reporting: Reported by system,
for each ASR submittal gateway.
Standard:Diagnostic
Availability: Available
(Prior to turn-up of new systems that
replace those addressed in this
measurement, parties will work together to
establish a time frame for reporting and
review of the new measure.)
Notes:
1. Such as "GA-4-EXACT," with other
gateways or systems being limited to
those that replace this system.
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 ,2013 Page 3
DocuSign Envelope I D: 7986D7C7-3 E09-41 89-958 D-3D7A388A3986
GA-7 - Timely Outage Resolution following Software Releases
Purpose:
Measures the timeliness of resolution of gateway or system outages attributable to
software releases for specified OSS interfaces, focusing on ClEC-affecting software
releases involving the specified gateways or systems.
Description:
Measures the percentage of gateway or system outages, which are attributable to OSS
system software releases and which occur within two weeks after the implementation of the
OSS system software releases, that are resolved NorE 1 within 48 hours of detection by the
Centurylink QC monitoring group or reporting by a ClEC/co-provider.o lncludes software releases associated with the following OSS interfaces in CenturyLink
QC: LSR-processing gateway(s), repair trogple report-processing gateway(s), and
ASR-processing system(s) or gateway(r).*o'='o An outage for this measurement is a critical or serious loss of functionality, attributable
to the specified gateway or component, affecting CenturyLink QC's ability to serve its
customers or data loss NorE3 on the CenturyLink QC side of the interface. An outage is
determined by Centurylink QC technicians through the use of verifiable data, collected
from the affected customer(s) and/or from mechanized event management systems.o The outage resolution time interval considered in this measurement starts at the time
CenturyLink QC's monitoring group detects a failure, or at the date/time of the first
transaction sent to Centurylink QC that cannot be processed (i.e. lost data), and ends
with the time functionality is restored or the lost data is recovered.
Reporting Period: Monthly Unit of Measure: Percent
Reporting Gomparisons: CLEC
Aggregate
Disaggregation Reporting: Region-wide level
Formula:
[(Total outages detected within two weeks of a Software Release that are resolved within
48 hours of the time Centurylink QC detects the outage) + (Total number of outages
detected within two weeks of Software Releases resolved in the Reporting Period)l x 100
Exclusions:. Outages in releases prior to any CLEC migrating to the release. Duplicate reports attributable to the same software defect.
Product Reporting: None Standards: Diagnostic
Availability:
Available
Notes:
1. "Resolved" means that service is restored to the reporting CLEC,
as experienced by the CLEC.2. Such as, "IMA-GUl,'"IMA-XML,'"CEMR,' .EXACT," and UEB-TA,"
with other gateways or systems being limited to those that replace
these gateways/system s.
3. For data loss to be considered for GA-7, a functional
acknowledgement must have been provided for the data in
question (e.9., LSR lD or trouble ticket number).
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 ,2013 Page 4
Docu Sign Enve lo pe I D: 79BOD7C7-3 E09-4'l 89-958D-3D7A388A3986
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 CenturyLink QC's Operational Support Systems (OSS). Centurylink
QC's OSS are accessed through the specified gateway interface.
Description:
PO-1-<Gateway Type, NorE 1' Measures the time interval between query and response for
specified pre-order/order transactions through the electronic interface.
o Measurements are made using a system that simulates the transactions of requesting
pre-ordering/ordering information from the underlying existing OSS. 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.
o 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.
Reporting Period: One month Unit of Measure:
Seconds
Reporting
Gomparisons
CLEC
aggregate.
Disaggregation Reporting: Region-wide level. Results are reported by
gateway type
Results are reported separately for each of the following transaction types,
to the extent they are offered through the gateway type- NorES 2'3'&4
1. Appointment Scheduling (Due Date Reservation, where appointment
is required)
2. Service Availability lnformation
3. Facility Availability
4. Street Address Validation
5. Customer Service Records
6. Telephone Number
7. Loop Qualification Tools
8. [Left intentionally blank to preserve numbering]
9. Connecting Facility Assignment
10. Meet Point lnquiry
Where available through the gateway type, in addition to reporting total
response time, response times for each of the above transactions will be
reported in two parts: (a)time to access the request screen, and (b)time to
receive the response for the specified transaction. For above transaction
number 6, Telephone Number, a third part (c) accept screen, will be
reported, where available from the gateway type. Otherwise,
requesUresponse will be reported as a combined number.
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 , 2013 Page 5
DocuSign Enve lo pe I D: 79BOD7C7-3E09-41 89-958D-3D7A388A3986
PO-1 - Pre-Order/Order Response Times (continued)
Formula:
E[(Query Response Date & Time)- (Query Submission Date & Time)] + (Number of
Queries Submitted in Reporting Period)
Exclusions:. Rejected requests/errors, and timed out transactions
Product Reporting:
None
Standards:
Diagnostic
Availability:
Available
Notes:
1. Such as "PO-1-XML' or "PO-1-lMA GUl.'
2. As additional transactions, currently done manually, are
mechanized, they will be measured and added to or included in
the above list of transactions, as applicable.
3. Results based on a weighted combination of mechanized
system tools used in providing the response(s), as applicable,
such as ADSL Loop Qualification and Raw Loop Data Tool.4. ln the event that a measured gateway type is replaced and a
specified transaction type is not conducive to measurement via
simulated transactions (as defined under "Description" above),
interested parties will work together to determine whether and
how such transaction(s) can and should be measured.
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 , 2013
Page 6
DocuSign Envelope I D : 7986D7C7-3 E09-41 89-958D-3D7A3 88A3986
PO-2 - Electronic Flow-through
Purpose:
Monitors the extent Centurylink QC's 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
retyping.
Description:
PO-2A - Measures the percentage of all electronic LSRs that flow from the specified
electronic gateway interface to the service order processor (SOP) without any human
intervention.o lncludes all LSRs that are submitted electronically during the reporting period, subject to
exclusions specified below.
PO-2B - Measures the percentage of all flow-through-eligible LSRs NorE 1 that flow from
the specified electronic gateway interface to the SOP without any human intervention.
o lncludes allflow-through-eligible LSRs that are submitted electronically during the
reporting period, subject to exclusions specified below.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC
aggregate, individual CLEC
Disaggregation Reporting: Statewide level (per
multi-state system serving the state).
Formula:
PO-2A = [(Number of Electronic LSRs that pass from the Gateway lnterface to the SOP
without human intervention) + (Total Number of Electronic LSRs that pass
through the Gateway lnterface)lx 100
PO-2B = [(Number of flow-through-eligible Electronic LSRs that actually pass from the
Gateway lnterface to the SOP without human intervention) + (Number of flow-
through-eligible Electronic LSRs received through the Gateway lnterface)lx 100
Exclusions:o Rejected LSRs and LSRs containing CLEC-caused non-fatal errors.o Non-electronic LSRs (e.9., via fax or courier).o Records with invalid product codes.o Records missing data essential to the calculation of the measurement per the PID. Duplicate LSR numbers.o lnvalid starUstop dates/times.
Product Reporting:o Resaleo Unbundled Loops (with or without Local Number Portability). Local Number Portability
Standards:
Diagnostic
Availability: Avai lable Notes:
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 availability for enhancements to flow
through. Matrix will be distributed through the CMP process.
CenturyLink QC lCA Amended Exhibit B, Ver. '10.0 - July 1 ,2013 Page 7
DocuSign Envelope lD: 79B6D7C7-3E09-41 89-958D-3D74388A3986
PO-3 - LSR Rejection Notice lnterval
Purpose:
Monitors the timeliness with which CenturyLink QC 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.. lncludes all LSRs submitted through the specified interface that are rejected during the
reporting period.
o Standard reasons for rejections are: missing/incomplete/mismatching/unintelligible
information, duplicate request or LSR/PON (purchase order number), no separate LSR
for each account telephone number affected, no valid contract, no valid end user
verification, account not working in CenturyLink QC territory, service-affecting order
pending, request is outside established parameters for service, and lack of CLEC
response to CenturyLink QC question for clarification about the LSR.
o lncluded in the interval is time required for efforts by Centurylink QC to work with the
CLEC to avoid the necessity of re.lecting the LSR.
o \Mth hours: minutes reporting, hours counted are business hours for manual rejects
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.
Reporting Period: One month Unit of Measure: Hours: Minutes
Reporting
Comparisons: CLEC
aggregate and individual
CLEC results
Disaggregation Reporting: Statewide. PO-3C, LSRs received via facsimile. PO-3X, LSRs received electronically and rejected manually
Formula:
X [(Date and time of Rejection Notice)- (Date and time of LSR receipt)] + (Total number of
LSR Rejection Notifications)
Exclusions:. Records with invalid product codes.o Records missing data essential to the calculation of the measurement per the PID. Duplicate LSR numbers.o lnvalid start/stop dates/times.
Product Reporting: Not applicable Standards: Diagnostic
Availability: Available Notes:
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 ,2013
Page 8
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
PO-s - Firm Order Confirmations (FOCs)On Time
Purpose:
Monitors the timeliness with which CenturyLink QC 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 specified intervals.
Description:
Measures the percentage of Firm Order Confirmations (FOCs)that are provided to CLECs
within the intervals specified under "Standards" below for FOC notifications.
o lncludes all LSRs/ASRs that are submitted through the specified interface or in the
specified manner (i.e., facsimile) that receive an FOC during the reporting period,
subject to exclusions specified below. (Acknowledgments sent separately from an FOC
(are not included.)
o For PO-SA, the interval measured is the period between the LSR received date/time
(based on scheduled up time) and CenturyLink QC's response with a FOC notification
(notification date and time).
o For PO-SB, 5C, and 5D, the interval measured is the period between the application
date and time, as defined herein, and CenturyLink QC's response with a FOC
notification (notification date and time).. "Fully electronic" LSRs are those (1) that are received via an electronic LSR submittal
gateway, (2) that involve no manual intervention, and (3) for which FOCs are provided
mechanically to the CLEC. NorE 2
o "Electronic/manual" LSRs are received electronically via an electronic LSR submittal
gateway and involve manual processing.
o "Manual" LSRs are received manually (via facsimile) and processed manually.. ASRs are measured only in business davs.. LSRs will 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 Unit of Measure: Percent
Reporting
Comparisons:
CLEC aggregate
and individual
CLEC results
Disaggregation Reporting: Statewide level (per multi-state system
serving the state).
Results for this indicator are reported as follows:
PO-SA: * FOCs provided for fullv electronic LSRs
PO-58: " FOCs provided for electronic/manual
PO-SC: * FOCs provided for manual LSRs received via FacsimilePO-SD: FOCs provided for ASRs requesting LIS Trunks.
* Each of the PO-SA, PO-58 and PO-SC measurements listed
above will be further disaggregated as follows:
(a) FOCs provided for Resale services
(b) FOCs provided for Unbundled Loops and specified
Unbundled Network Elements(c) FOCs provided for LNP
o
a
a
o
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 ,2013 Page 9
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
PO-s - Firm Order Confirmations (FOCs) On Time (continued)
Formula:
PO-SA = {[Count of LSRs for which the original FOC's'(FOC Notification Date & Time) -
(LSR received date/time (based on scheduled up time))" is within 20 minutesl+
(Total Number of original FOC Notifications transmitted for the service category in
the reporting period)) x 100
PO-SB, 5C, & 5p = {[Count 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 involvedl + (Total Number of original FOC Notifications transmitted
for the service category in the reporting period)) x 100
Exclusions:. LSRs/ASRs involving individual case basis (lCB) handling based on quantities of lines,
as specified in the "Standards" section below, or service/request types, deemed to be
Proiects.. 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.o Records missing data essential to the calculation of the measurement per the PlD.. Duplicate LSR numbers.o lnvalid start/stop dates/times.
Additional PO-5D exclusion:o Records with invalid application or confirmation dates.
Product Reporting:
o For PO-SA, -58
and -5C:
(a) Resale
services
(b) Unbundled
Loops and
specified
Unbundled
Network
Elements.
(c) LNP
o For PO-SD: LIS
Trunks.
Standards:
a For PO-SA (all): 95% within 20
minutes NorE 2
a For PO-58 (all):90% within standard FOC intervals
(specified below)
a For PO-SC (manual)90% within standard FOC intervals
specified below PLUS 24 hours NorE 3
a For PO-SD (LlS Trunks): 85% within
eight business days
Standard FOC lntervals for PO-5B and PO-SC
Product Group NorE 1 FOC lnterval
Resale
Residence POTS 1-39 lines
24 hours
LNP 1-50 lines
Unbundled Loops
Analog Loop
1-24loops
Sub-Loop 1-24 sub-loops
[included in Product Reporting group (b)]
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 , 2013
Page 10
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A38843986
PO-s - Firm Order Confirmations (FOCs) On Time (continued)
CenturyLink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 , 2013
Page 1 1
Enhanced Extended Loops-DS1 (EEL-DSIl 1 -24 circuits
[included in Product Reporting group (b)]48 hours
Unbundled Loops dFacility Check (NU rts'u z' r)
1-24 loops
2-Wire Non-Loaded
ADSL-Compatible
XDSL-l Capable
DS1-Capable
72 hours
For PO-SD:
LIS Trunks 1-240 trunk circuits
I business
days
Notes:
1. LSRs with quantities above the highest number
specified for each product type are considered lCB.
2. Unbundled Loop with Facility Check can be
processed electronically; however, because this
category always carries a72-hour FOC interval the
FOC results for this product will appear in PO-58 if
received electronically or PO-SC if received
manually.
3. Unbundled Loop with Facility Check will not add an
additional 24 hours to the 72-hour interval if the LSR
is submitted manually.
Availability:
Available
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D74388A3986
PO-g - Timely Jeopardy Notices
Purpose:
\Nhen original due dates are missed, measures the extent to which CenturyLink QC notifies
customers in advance of jeopardized due dates.
Reporting Period: One month Unit of Measure: Percent
Reporti n g Comparisons :
CLEC aggregate, individual
CLEC and CenturyLink QC
Retail results
Disaggregation Reporting: Statewide level.
(This measure is reported by jeopardy notification process
as 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)lx 100
Exclusions:. Orders missed for customer reasons.o Records with invalid product codes.. Records involving official company services.
o Records with invalid due dates or aoolication dates. Records with invalid completion dates.. Records with invalid product codes.
o Records missing data essential to the calculation of the measurement per the PID
Product Reporting:
A Non-Designed ServicesB Unbundled Loops (with or without
Number Portability)C LIS Trunks
Standards: Diagnostic, with retail
comparative results also reported as followsA Parity with Retail POTSB Parity with Retail POTS
C Parity with Feature Group D (FGD)
Services
Availability:
Available
Notes:
CenturyLink QC lCA Amended Exhibit B, Ver. 10.0 - July 1 ,2013 Page 12
Description:
Measures the percentage of late orders for which advance jeopardy notification is provided.
o lncludes all inward orders (Change, New, and Transfer order types) assigned a due
date by CenturyLink QC 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.
o Missed due date orders with jeopardy notifications provided on or after the original due
date is past will be counted in the denominator of the formula but will not be counted in
the numerator.
Docusign Envelope I D : 798607C7-3E09-41 89-958D-3D7A3B8A3986
OP-3 - Installation Commitments Met
Purpose:
Evaluates the extent to which CenturyLink QC 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
CenturyLink QC 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 activitv. Also included are
orders with customer-requested due dates longer than the standard interval.
o Completion date on or before the Applicable Due Date recorded by CenturyLink QC 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: lf CenturyLink QC changes a due date for CenturyLink QC 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 CenturyLink QC-initiated, changed due date, if
any.
Reporting Period: One month Unit of Measure: Percent
Reporting
Comparisons
CLEC
aggregate,
individual
CLEC and
CenturyLink
QC Retail
results
Disaggregation Reporting: Statewide level.o Results for producUservices listed in Product Reporting under'MSA-
Type Disaggregation" will be reported according to orders involving:OP-3A Dispatches within MSAs;OP-3B Dispatches outside MSAs; andOP-3C No dispatches.. Results for products/services listed in Product Reporting under "Zone-
type Disaggregation" will be disaggregated according to installations:OP-3D ln lnterval Zone 1 areas; andOP-3E ln lnterval 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)l x 100
Exclusions:. Disconnect, From (another form of disconnect), and Record order types.. Due dates missed for standard categories of customer and non-CenturyLink QC
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-CenturyLink QC
reasons are: Weather, Disaster, and Work Stoppage.
o Records involving official company services.. Records with invalid due dates or application dates.. Records with invalid completion dates.. Records with invalid product codes.
o Records missing data essential to the calculation of the measurement per the PlD.
Page 13CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 ,2013
DocuSign Envelope lD: 79B6D7C7-3E09-41 89-958D-3D7A3B8A3986
OP-3 - Installation Commitments Met (continued)
Product Reporting:Standards:
MSA-Tvpe Disaqgreqation -
o Resale Residential single line service Parity with retail service
. Sub-Loop Unbundling 9Oo/o
Zone-Tvpe Disaqqreqation -
o LIS Trunks Parity with Feature Group D (aggregate)
. Unbundled Loops:
Analog Loop 90%
2-Wire Non-Loaded Loop 90%
DS1-Capable Loop Parity with retail DS1 Private Line
xDSL-l Capable Loop 90%
ADSL-Compatible Loop 90o/o
o Enhanced Extended Loops-DS1 (EEL-DSI)9Oo/o
Availability:
Available
Notes:
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 ,2013
Page 14
Docusig n Envelope I D: 7986D7C7-3E09-41 89-958D-3D7A3 88A3986
OP4 - lnstallation Interval
Purpose:
Evaluates the timeliness of CenturyLink QC's installation of services for customers,
focusing on the average time to install service.
Description:
Measuies the average interval (in business days)NorE 1 between the application date and
the completion date for service orders accepted and implemented.
o lncludes all inward orders (Change, New, and Transfer order types) assigned a due
date by CenturyLink QC 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 activitv.
o lntervals 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).
o 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: lf CenturyLink
QC changes a due date for Centurylink QC 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 CenturyLink QC-initiated, changed due date, if any, NorE 2
o 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 CenturyLink QC-initiated due date, if any, follory[Erthe Applicable
Due Date, from the subsequent customer-initiated due date, if any. Nort
Reporting Period: One month Unit of Measure: Average Business Days
Reporting
Comparisons:
CLEC
aggregate,
individual
CLEC and
CenturyLink
QC Retail
results
Disaggregation Reporting: Statewide level.. Results for producUservices listed in Product Reporting under "MSII-
Type Disaggregation" will be reported according to orders involving:OP4A Dispatches within MSAs;OP4B Dispatches outside MSAs; andOP-4C No dispatches.o Results for productslservices listed in Product Reporting under "Zone-
type Disaggregation" will be disaggregated according to installations:OP-4D ln lnterval Zone 1 areas; andOP4E ln lnterval Zone 2 areas.
Formula:
E[(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)l + Total Number of Orders
Completed in the reporting period
Explanation: The average installation interval is derived by dividing the sum of installation
intenals for all orders (in business days)NorE 1 by total number of service orders completed
in the reporting period.
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 , 2013 Page 15
Docusig n Envelo pe I D: 79B6D7C7-3E09-41 89-958D-3D7A3 88A3986
OP4 - lnstallation lnterval (continued)
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.o Records with invalid due dates or application dates.. Records with invalid completion dates.. Records with invalid product codes.o Records missing data essential to the calculation of the measurement per the PlD.
Product Reporting:Standards:
MSA-Tvpe Disaqqreqation -
a Resale Residential single line service Parity with retail service
a Sub-Loop Unbundling 6 days
Zone-Tvpe Disaqqreoation -
o LIS Trunks Parity with Feature Group D (aggregate). Unbundled Loops
Analog Loop 6 days
2-Wire Non-Loaded Loop 6 days
DS1-Capable Loop 5.5 days
xDSL-l Capable Loop 6 days
ADSL-Compatible Loop 6 days
a Enhanced Extended Loops-DS1 (EEL-DS1)6 days
Availability:
Available
Notes:
1. For OP-4C, Saturday is counted as a business day for all orders for Resale
Residence, as well as for the retail analogues specified above as standards.
For all other products under OP-4C and for all products under OP-4A, -48, -
4D, 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 CenturyLink QC-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 CenturyLink QC-initiated due date change,
if any. Following the first CenturyLink QC-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 CenturyLink QC-initiated due date changes occur, the
stated method for calculating delay intervals is applied to each pair of
CenturyLink QC-initiated due date change and subsequent customer-initiated
due date change or delay. The intervals thus calculated from each pairing of
CenturyLink QC and customer-initiated due dates are summed and then
subtracted as indicated in the formula.) The result of this approach is that
CenturyLink QC-initiated impacts on intervals are counted in the reported
interval, and customer-initiated impacts on intervals are not counted in the
reported interval.
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 , 2013
Page 16
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
OP-S - New Service lnstallation Quality
Purpose:
Evaluates the quality of ordering and installing 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 quality of CenturyLink
QC's resolution of such conditions with respect to multiple reports.
Description:
Measures the percentage of inward line service orders that are free of repair trouble reportsNorE2 within 30 calendar days of installation completion, subject to exclusions below.. 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.
Change order types consideredin these measurements consist of all C orders
repreJenting inward activitv. NorE 1
. Orders for new service installations include conversions (Retailto CLEC, CLEC to
CLEC, and same CLEC converting between products).o 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.. Repair trouble reports are defined as CLEC/customer notifications to Centurylink QC of
out-of-service and other service affecting conditions for which CenturyLink QC op_els
repair tickets in its maintenance and replir management and tfe_c$ng systems NorE3
that are closed in the repg.(ng period or the following month, NorE 4 subject to
exclusions shown below. NorE 5
o CenturyLink QC is able to open repair tickets for repair trouble reports received from
ClECs/customers once the service order is completed in CenturyLink QC's systems.
Reporting Period: One month, reported in arrears (i.e., 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 installation.
Unit of Measure:
Percent
Reporting Comparisons: CLEC
aggregate, individual CLEC and
CenturyLink QC Retail results
Disaggregation Reporting: Statewide level
Formula:
(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
Exclusions:. Repair trouble reports attributable to CLEC or coded to non-CenturyLink QC, e.g.:
Customer Action, Non-Telco Plant, Trouble Beyond the Network lnterface,
Miscellaneous - Non-Dispatch, CPE, Customer lnstruction, Carrier, Alternate Provider,
Reports from other than the ClEC/customer that result in a charge if dispatched, Carrier
Action (lEC), Commercial power failure, Customer requested service order activity, and
Other non-CenturyLink QC.. Repair reports coded to disposition codes for referral to another department (i.e., for
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 ,2013 Page 17
Docusig n Enve lope I D: 7986D7C7-3E09-41 89-958D-3D7A388A3986
OP- 5 - New Service lnstallation Quali continu
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 , 2013
Page 18
non-repair ticket resolutions of non-installation-related problems, except cable cuts,
which are not excluded).. Repair or provisioning trouble reports related to service orders captured as misses under
measurements OP-13 (Coordinated Cuts Timeliness) or OP-17 (LNP Timeliness),o Subsequent repair or provisioning trouble reports of any trouble on the installed service
before the original repair or provisioning trouble report is closed.o Service orders closed in the reporting period with App Dates earlier than eight months
prior to the beginning of the reporting period.. lnformation tickets generated for internal CenturyLink QC 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.o Records involving official Centurylink QC company services.o Records missing data essential to the calculation of the measurement as defined herein.
Product Reporting Categories:. As specified below - one
percentage result reported for
each bulleted category under
the sub-measurements shown
Standards: Parity with retail service
(Where parity comparisons involve multiple seruice
vaieties in a product category, weighting based on the
retail analogue volumes may be used if necessary to
create a compaison that is not affected by different
proportions of wholesale and retail analogue volumes in
the same reporting category.)
Product Reporting:Standards:
Resale Residential single line servicea Parity with retail service
Sub-Loop Unbundlingo Parity with retail DS1 Private Line
Unbundled Loopsa
Analog Loop Parity with retail Res & Bus POTS with dispatch
2-Wire Non-Loaded Loop Parity with retail ISDN BRI (desisned)
DS1-Capable Loop Parity with retail DS1
xDSL-l Capable Loop Parity with retail DS1 Private Line
ADSL-Compatible Loop Parity with retail ISDN BRI (designed)
o Enhanced Extended Loops-DS1 (EEL-DSI)Parity with retail DS1 Private Line
LIS Trunkso Parity with Feature Group D (aggregate)
Availability:
Available
Notes:
1. The specified Change order types representing inward activity exclude
Change 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. lncluding consideration of repeat repair trouble reports (i.e., 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.
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
OP- 5 - New Service lnstallation Qual continu
3. CenturyLink QC's repair management and tracking systems obtain the
repair report data for this measurement. Not included are Call Center
Database systems supporting callcenters in logging calls from
customers regarding problems or other inquiries.
4. The "following month" includes also the period of a few business davs
(typically four or five) afterward, up to the time when CenturyLink QC
pulls the repair data to begin processing results for this measurement.
5. lncludes 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
CenturyLink QC's documented or agreed upon procedures.
6. Sub-Loop Unbundling standard: When CLEC order volumes of this
element exceed 10 per month, CLEC and CenturyLink QC may work
together to identify an applicable benchmark.
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 , 2013
Page 19
DocuSign Envelope lD: 7986D7C7-3E09-41 B9-958D-3D7A388A3986
OP-8 - Number Portability Timeliness
Purpose:
Evaluates the timeliness of cutovers of local number portability (LNP)
Description:
OP-88 - LNP Timeliness with Loop Coordination (percent): 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 coordination with a loop was not requested that are
completed/closed during the reporting period are measured (including standalone LNP
coordinated with other than CenturyLink QC-provided Unbundled Loops and non-
coordinated, standalone LNP), subject to exclusions specified below.o For purposes of these measurements (OP€B and €C), "trigge/' refers to the "1O-digit
unconditional trigger" or Line Side Attribute (LSA) that is set or translated by CenturyLink
QC.. "Scheduled start time" is defined as the confirmed appointment time (as stated on the
FOC), or a newly negotiated time. ln the case of LNP cutovers coordinated with loops,
the scheduled time used in this measurement will 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 individual CLEC results
Disaggregation Reporting: Statewide level.
Formula:
OP-88 = [(Number of LNP triggers set before the scheduled time for the coordinated loop
cutover) + (Total Number of LNP activations coordinated with unbundled loops
completed)l 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)l x 100
Exclusions:o CLEC-caused delays in trigger setting.o LNP requests that do not involve automatic triggers.. LNP requests for which the records used as sources of data for these measurements
have the following types of errors:o Records with no PON (purchase order number) or STATE.. Records where triggers cannot be set due to switch capabilities.o Records with invalid due dates, application dates, or start dates.o Records with invalid completion dates.o Records missing data essential to the calculation of the measurement per the PlD.. Invalid starUstop dates/times or invalid frame due or scheduled date/times.
Product Reporting: None Standard 95o/o
Availability: Available Notes:
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 ,2013 Page 20
Docusign Enve lope I D: 79B6D7C7-3 E09-41 89-958D-3D7A3B843986
OP-15 - lnterval for Pending Orders Delayed Past Due Date
Purpose:
Evaluates the extent to which CenturyLink QC's pending orders are late, focusing on the
average number of days the pending orders are delayed past the Applicable Due Date, as
of the end of the reporting period.
Description:
OP-15A - Measures the average number of business davs that pending orders are delayed
beyond the Applicable Due Date for reasons attributed to CenturyLink QC.r lncludes all pending inward orders (Change, New, and Transfer order types) for which
the Applicable Due Date recorded by CenturyLink QC has been missed, subject to
exclusions specified below. Change order types included in this measurement consist of
all "C" orders representing inward activitv.r 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 CenturyLink QC
changes a due date for CenturyLink QC 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 CenturyLink QC-initiated, changed due date, if any. NorE' 1
r 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 CenturyLink QC-initiated due date, if any, follow[rg the Applicable
Due Date, from the subsequent customer-initiated due date, if any. NorE' 1
OP-158 - Reports the number of pending orders measured in the numerator of OP-15A
that were delayed for CenturyLink QC facility reasons.
Reporting Period: One month Unit of Measure:
OP-1 5A - Average Business Days Nore2
OP-158 - Number of orders pending facilities
Reporti n g Comparisons :
CLEC aggregate, individual CLEC, CenturyLink QC retail
Disaggregation Reporting :
Statewide
Formula:
OP-15A = I[(Last Day of Reporting Period) - (Applicable Due Date of Late Pending Order)
- (Time intervals associated with customer-initiated due date changes or delays
occurring after the Applicable Due Date)l + (Total Number of Pending Orders
Delayed for CenturyLink QC reasons as of the last day of Reporting Period)
OP-158 = Count of pending orders measured in numerator of OP-15A that were delayed
for CenturyLink QC facility reasons
Exclusions:. Disconnect, From (another form of disconnect) and Record order types.
o Records involving official company services.. Records with invalid due dates or application dates.
o Records with invalid product codes.
o Records missing data essential to the calculation of the measurement per the PID
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 , 2013 Page21
DocuSign Envelope I D: 7986D7C7-3E09-41 89-958D-3D7A388A3986
OP-15 - lntervalfor Pending Orders Delayed Past Due Date (continued)
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July I , 2013
Page 22
Product Reporting:Standards: Diagnostic, with retail
comparatives also reported as specified below. Resale Residential single line service Diagnostic (Expectation: Parity with retail service)
o Sub-Loop Unbundling Diagnostic. LIS Trunks Diagnostic (Expectation: Parity with Feature
Group D (aoqreqate)) (separately reported). Unbundled Loops:
Analog Loop Diagnostic (Expectation: Parity with retail Res and
Bus POTS with dispatch)
2-Wire Non-Loaded Loop Diagnostic (Expectation: Parity with retail ISDN
BRI (desioned)
DS1-Capable Loop Diagnostic (Expectation: Parity with retail DS1)
xDSL-l Capable Loop Diagnostic
ADSL-Compatible Loop Diagnostic (Expectation: Parity with retail ISDN
BRI (desisned))
Enhanced Extended Loops-DS1 (EEL-
DS1)
a Diagnostic
Availability:
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 CenturyLink QC-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 Centurylink
QC-initiated due date change, if any. Following the first CenturyLink
QC-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 CenturyLink QC-initiated due date changes occur, the stated
method for calculating delay intervals is applied to each pair of
Centurylink QC-initiated due date change and subsequent customer-
initiated due date change or delay. The intervals thus calculated from
each pairing of CenturyLink QC and customer-initiated due dates are
summed and then subtracted as indicated in the formula.) The result of
this approach is that CenturyLink QC-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, 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.
DocuSign Envelope I D : 79BOD7C7-3E09-41 89-958D-3D7A388A3986
Maintenance and Repair
MR-s - Troubles Cleared within Specified lntervals
Purpose:
Evaluates timeliness of repair for specified services, focusing on all trouble reports of all
types (including out of service and service affecting troubles, as set forth herein) and on the
number of such trouble reports cleared within the specified intervals (i.e., 4 or 24 hours).
Description:
Measures the percentage of trouble reports for specified services that are cleared within 4
or 24 hours of receipt of trouble reports from CLECs or from retail customers.. lncludes all trouble reports (out of service or all troubles, as specified under product
reporting below), closed during the reporting period, which involve a specified seryice,
subject to exclusions specified below.
o Time measured is from date and time that CenturyLink QC is first notified of the trouble
bv CLEC to date and time trouble is cleared.
Reporting Period: One month Unit of Measure: Percent
Reporting
Comparisons: CLEC
aggregate, individual
CLEC, and CenturyLink
QC Retail results
Disaggregation Reporting: Statewide level.
Results for listed products will be disaggregated according to
trouble reports:
MR-SA Zone-type disaggregation ln lnterval Zone 1 areas
MR-58 Zone{ype disaggregation ln lnterval Zone 2 areas
MR-SX For Resale Business and Single Line and
SubLoops
Formula:
[(Number of Trouble Reports closed in the reporting period that are cleared within interval
specified herein) + (Total Trouble Reports closed in the reporting period)l x 100
Exclusions:
o Trouble reports coded to non-Centurylink QC causes or dispositions, e.9., Customer
Action, Non-Telco Plant, Trouble Beyond the Network lnterface, Miscellaneous - Non-
Dispatch, Carrier Action (lEC) and Customer Provided Equipment (CPE).
o Subsequent trouble reports of any trouble before the original trouble report is closed.
o lnformation tickets generated for internal Centurylink QC system/network monitoring
purposes.
o Time delays due to "no access" are excluded from repair time.
o Trouble reports on the day of installation before the installation work is reported by the
technician/installer as com plete.
o Records involving official company services.
o Records with invalid trouble receipt dates.. Records with invalid cleared or closed dates.
o Records with invalid product codes.
o Records missing data essential to the calculation of the measurement per the PlD.
Centurylink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 , 2013 Page 23
DocuSign Envelope lD: 79B6D7C7-3E09-4'l 89-958D-3D7A388A3986
MR-5 - Troubles Gleared within Specified lntervals (continued)
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1, 2013
Page24
Product Reporting:Standards:
Zone-Type Disaggreqation - All Troubles Cleared within 4 Hours
o LIS Trunks Parity with Feature Group D (aggregate)
o Unbundled Loops
DS1-Capable Loop Parity with retail DS1
2-Wire Non-Loaded Loop Diagnostic (no retail comparison)
xDSL-l Capable Loop Diagnostic (no retail comparison)
ADSL-Compatible Loop Diagnostic (no retail comparison). Enhanced Extended Loops-DS1 (EEL-DS1)Parity with retail DS1 Private Line
Non-disaggregated Reporting - Out of Service Cleared within 24 Hours
o Resale Business Single Line Service Diagnostic (Expectation: parity with retail)
o Subloops Diagnostic (Expectation: parity with retail
RES and BUS POTS)
Avai labil ity: Avai lable Notes
Docusign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
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.. lncludes all trouble reports closed during the reporting period, subject to exclusions
specified below.. lncludes customer direct reports, customer-relayed reports, and test assist reports that
result in a trouble report.
o Time measured is from date and time that CenturyLink QC is first notified of the trouble
by CLEC to date and time trouble is cleared.
Reporting Period: One month Unit of Measure: Hours and Minutes
Reporting
Gomparisons:
CLEC
aggregate,
individual
CLEC, and
CenturyLink
QC Retail
results
Disaggregation Reporting: Statewide level.o Results for producUservices listed in Product Reporting under'MSA-
Type Disaggregation" will be reported according to trouble reports
involving:MR-6A Dispatches within MSAs;MR-68 Dispatches outside MSAs; andMR-6C No dispatches.. Results for productsiservices listed in Product Reporting under
"Zone-type Disaggregation" will be disaggregated according to
trouble reports involving:
MR-6D ln lnterval Zone 1 areas; andMR-6E ln lnterval Zone 2 areas
Formula:
I[(Date & Time Trouble Report Cleared)- (Date & Time Trouble Report Opened)] + (Total
number of Trouble Reports closed in the reporting period)
Exclusions:
o Trouble reports coded to non-CenturyLink QC causes or dispositions, e.9., Customer
Action, Non-Telco Plant, Trouble Beyond the Network lnterface, Miscellaneous - Non-
Dispatch, non-Centurylink QC, CPE, Customer lnstruction, Carrier, Alternate Provider,
and Carrier Action (lEC).
o Subsequent trouble reports of any trouble before the original trouble report is closed.
o Trouble reports coded as No Trouble Found or Test Okay and with durations of less
than or equal to t hour.
o Information tickets generated for internal CenturyLink QC system/network monitoring
purposes.
o Time delays due to "no access," as applicable, are excluded from repair time for
products/services Iisted in Product Reporting under "Zone-type Disaggregation."
o For products listed for MSA-type disaggregation, trouble reports involving a "no access"
delay.
o Trouble reports on the day of installation before the installation work is reported by the
technician/installer as com plete.
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 , 2013 Page 25
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
MR-6 - Mean Time to Restore (Continued)
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 , 2013
Page 26
. Records involving official company services.
o 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 PlD.
Product Reporting:Standards:
MSA-Tvpe Disaqqreoation
o Resale Residential single line service Parity with retail service. Sub-Loop Unbundling Paritv with Retail RES and BUS POTSruorp {
Zone-Tvpe Disaqqreqation -
o LIS Trunks Parity with Feature Group D (aggregate)
o Unbundled Loops:
Analog Loop Parity with retail Res and Bus POTS
2-Wire Non-Loaded Loop Parity with retail ISDN BRI (designed)
DS1-Capable Loop Parity with retail DS1 Private Line
xDSL-l Capable Loop Parity with retail DS1 Private Line
ADSL-Compatible Loop Parity with retail ISDN BRI (desiqned). Enhanced Extended Loops-DS1 (EEL-DS1)Parity with retail DS1 Private Line
Availabi lity: Available Notes:
1. Should the standard repair interval for Subloops be changed
to 4 hours, as applicable to interconnection agreements
(!CAs) of all CLECs opted into the CenturyLink QC
performance assurance plan (Exhibit K of lCAs), the retail
comparative will become "Retail DS1 Private Line."
DocuSign Envelope lD: 7986D7C7-3E09-41 89-9580-3D7A3B8A3986
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 days).
Description:
Measures the percentage of trouble reports that are repeated within 30 days on end user
lines and circuits.o lncludes 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.
o ln determining same service CenturyLink QC will 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.. lncludes reports due to CenturyLink QC network or system causes, customer-direct and
custom er-relayed reports.
o 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 (i.e., opened).
Reporting Period: One month, reported in arrears (i.e.,
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.
Unit of Measure: Percent
Reporting
Comparisons:
CLEC
aggregate,
individual
CLEC, and
CenturyLink
QC Retail
results
Disaggregation Reporting: Statewide level.o Results for producUservices listed in Product Reporting under "MSA-
Type Disaggregation" will be reported according to trouble reports
involving:MR-7A Dispatches within MSAs;MR-78 Dispatches outside MSAs; andMR-7C No dispatches.. Results for products/services listed in Product Reporting under
"Zone-type Disaggregation" will be disaggregated according to
trouble reports involving.MR-7D ln lnterval Zone 1 areas; andMR-7E ln lnterval 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)l x 100
Exclusions:o Trouble reports coded to non-CenturyLink QC causes or dispositions, e.9., Customer
Action, Non-Telco Plant, Trouble Beyond the Network lnterface, Miscellaneous - Non-
Dispatch, non-CenturyLink QC, CPE, Customer lnstruction, Carrier, Alternate Provider,
and Carrier Action (lEC).
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 , 2013 Page 27
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A38843986
MR-7 - Repair Repeat Report Rate (Continued)
. Subsequent trouble reports of any trouble before the original trouble report is closed.. lnformation tickets generated for internal CenturyLink QC system/network monitoring
purposes.. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as com plete.
o Records involving official company services.. Records with invalid trouble receipt dates.. Records with invalid cleared or closed dates.. Records with invalid product codes.
o Records missing data essential to the calculation of the measurement per the PlD.
Product Reporting:Standards:
MSA-Type Disaqgreqation -. Resale Residential single line service Parity with retail service
o Sub-Loop Unbundling Retail DS1 Private Line
Zone-Tvpe Disaqqreqation -. LIS Trunks Parity with Feature Group D (aggregate)
o Unbundled Loops
Analog Loop Parity with retail Res and Bus POTS
2-Wire Non-Loaded Loop Parity with retail ISDN BRI (designed)
DS1-Capable Loop Parity with retail DS1 Private Line
xDSL-l Capable Loop Parity with retail DS1 Private Line
ADSL-Compatible Loop Parity with retail ISDN BRI (desisned)
o Enhanced Extended Loops-DS1 (EEL-DS1)Parity with retail DS1 Private Line
Availabi lity: Available Notes:
CenturyLink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 , 2013
Page 28
DocuSign Envelope I D : 798607C7-3 E09-41 89-958D-3D7A3 8843986
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.. lncludes all trouble reports closed during the reporting period, subject to exclusions
specified below.o lncludes 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,
individual CLEC, and Centurylink QC Retail results
Disaggregation Reporti ng :
Statewide level
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)l x 100
Exclusions:o Trouble reports coded to non-Centurylink QC causes or dispositions, e.9., Customer
Action, Non-Telco Plant, Trouble Beyond the Network lnterface, Miscellaneous - Non-
Dispatch, non-CenturyLink QC, CPE, Customer lnstruction, Carrier, Alternate Provider,
and Carrier Action (lEC).
o Subsequent trouble reports of any trouble before the original trouble report is closed.. lnformation tickets generated for internal CenturyLink QC system/network monitoring
purposes.
o Trouble reports on the day of installation before the installation work is reported by the
techn ician/installer as com plete.
o Records involving official company services.
o Records with invalid trouble receipt dates.. Records with invalid cleared or closed dates.. Records with invalid product codes.
o Records missing data essential to the calculation of the measurement per the PlD.
Product Reporting:Standards:. Resale Residential single line service Parity with retail service. Sub-Loop Unbundling Parity with Retail DS1 Private Line
o LIS Trunks Parity with Feature Group D (aggregate)
o Unbundled Loops:
Analog Loop Parity with retail Res and Bus POTS
2-Wire Non-Loaded Loop Parity with retail ISDN-BRI
DS1-Capable Loop Parity with rqtail DS1 Private Line, except
Colorado NorE 1
xDSL-l Capable Loop Parity with retail DS1 Private Line
ADSL-Compatible Loop Parity with retail ISDN-BRl. Enhanced Extended Loops-DS1 (EEL-DS1)Parity with rqtail DS1 Private Line, except
Colorado NorE l
Centurylink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 , 2013 Page 29
DocuSig n Envelo pe I D: 7986D7C7-3E09-41 89-958D-3D7A3 88A3986
MR-8 - Trouble Rate (continued)
Availability: Available Notes:
1. ln Colorado Onlv: For DS1-Capable Loops and EEL-DS1s,
the following threetiered standard applies:
a. Benchmark of 3% for 3-month rolling average CLEC
aggregate result or, if greater than 3%,
b. Difference of less than or equal to one percentage point
between 3-month rolling average of CLEC aggregate result
and corresponding 3-month average Retail comparative
result or, if difference is greater than one percentage point,
c. Parity in current reported month using DS1 Private Line as
retail comparative.
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 , 2013
Page 30
DocuSign Envelope I D: 79B6D7C7-3E09-41 89-958D-3D7A388A3986
MR-9 - Repair Appointments Met
Purpose:
Evaluates the extent to which Centurylink QC repairs services for Customers by the
appointment date and time.
Description:
Measures the percentage of trouble reports for which the appointment date and time is
met.
o lncludes all trouble reports closed during the reporting period, subject to exclusions
specified below.. Time measured is from date and time that Centurylink QC is first notified of the trouble
bv CLEC to date and time trouble is cleared.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC
aggregate, individual CLEC and
CenturyLink QC Retail results
Disaggregation Reporting: Statewide level.
Results for listed services will be disaggregated and
reported according to trouble reports involving:
MR-9A Dispatches within MSl\s;
MR-gB Dispatches outside MSAs; and
MR-9C No dispatches.
Formula:
[(TotalTrouble Reports Cleared by appointment date and time) + (Total Trouble Reports
Closed in the Reporting Period)lx 100
Exclusions:o Trouble reports coded to non-CenturyLink QC causes or dispositions, e.9., Customer
Action, Non-Telco Plant, Trouble Beyond the Network lnterface, Miscellaneous - Non-
Dispatch, non-CenturyLink QC, CPE, Customer lnstruction, Carrier, Alternate Provider,
and Carrier Action (lEC).
o Subsequent trouble reports of any trouble before the original trouble report is closed.. lnformation tickets generated for internal CenturyLink QC system/network monitoring
purposes.
o 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 com plete.
o Records involving official company services.. Records with invalid trouble receipt dates.
o Records with invalid cleared or closed dates.
o Records with invalid product codes.
o Records missing data essential to the calculation of the measurement per the PlD.
Product Reporting:
Resale:
Residential single line service
Standard Diagnostic, with residential
single line retail comparative
results also reported
Availability: Available Notes
CenturyLink QC ICA Amended Exhibit B, Ver, 10.0 - July 1 , 2013 Page 31
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A3B8A3986
MR-11 - LNP Trouble Reports Cleared within Specified Timeframes
Purpose:
Evaluates timeliness of clearing LNP trouble reports, focusing on the degree to which
residence, 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 (i.e., not unbundled-loop),
residence out-of-service trouble reports that are cleared within four business hours
of CenturyLink QC receiving these trouble reports from CLECS.o lncludes 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 dav, 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-118: Measures the percentage of specified LNP-only trouble reports that are cleared
within 48 hours of CenturyLink QC receiving these trouble reports from CLECS.. lncludes 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
CenturyLink QC in response to ClEC/customer request for disconnection of service
ported via LNP or, if CLEC submits to CenturyLink QC 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 CenturyLink QC
before 8:00 p.m. MT on the due date that CenturyLink QC has on record at the time of
the request.
A request for delay of disconnection is considered untimely if received by CenturyLink
QC 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 CenturyLink QC receives the trouble report to
the date and time trouble is cleared.
o
o
o
a
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC
Aggregate and lndividual CLEC
Disaggregation Reporting: Statewide level
(all are "non-dispatched").
Formula:
MR-114 = [(Number of specified out-of-service LNP-only Trouble Reports, for LNP-related
troubles confirmed to be caused by disconnects, that CenturyLink QC 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 CenturyLink QC executed before the currently-
scheduled due date/time, that were closed in the reporting period)l x 100
MR-113 = [(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)l x 100
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 ,2013 Page 32
DocuSign Envelope lD: 7986D7C7-3E09-4'l 89-958D-3D7A388A3986
MR-11 - LNP Trouble Reports Cleared within Specified Timeframes
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 ,2013
Page 33
Exclusions:. Trouble reports attributed to customer or non-Centurylink QC reasons.
o Trouble reports not related to valid requests (LSRs)for LNP and associated
disconnects.
o Subsequent trouble reports of LNP trouble before the original trouble report is closed
o For MR-118 only: Trouble reports involving a "no access" delay.
o lnformation tickets generated for internal CenturyLink QC system/network monitoring
purposes.
o Records involving official company services.. Records with invalid trouble receipt dates.. Records with invalid cleared or closed dates.
o Records with invalid product codes.. Records missing data essential to the calculation of the measurement per the PlD.
Product Reporting: LNP Standards:Diagnostic
Availability:Available Notes:
DocuSign Envelope lD: 79BOD7C7-3E09-41 89-958D-3D7A388A3986
Billing
Bl-2 - lnvoices Delivered within 10 Days
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 , 2013
Page 34
Purpose:
Evaluates the timeliness with which Centurylink QC delivers industry-standard,
electronically{ransmitted bills to CLECS, focusing on the percent 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 bill date and bill delivery.. lncludes all industry standard electronically transmitted invoices for local exchange
services and toll, subject to exclusions specified below.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: Combined
Centurylink QC RetaiI/CLEC results
(Parity by design)
Disaggregation Reporting: State level
Formula:
[(Count of lnvoices for which Bill Transmission Date to Bill Date is ten calendar days or
less) + (Total Number of lnvoices)l x 100
Exclusions:. Bills transmitted via paper, magnetic tape, CD-ROM, diskette.o Records with missing data essential to the calculation of the measurement per the PID
Product Reporting:. UNEs and Resale Residence
Standard:
Diagnostic (Parity by Design)
Availability:
Available
Notes:
DocuSign Envelope I D: 79BOD7C7-3E09-41 89-958D-3D7A388A3986
Bl-3 - Billing Accuracy - Adjustments for Errors
Purpose:
Evaluates the accuracy with which CenturyLink QC bills CLECS, focusing on the
percentage of billed revenue adjusted due to errors.
Description:
Measures the billed revenue minus amounts adjusted off bills due to errors, as a
percentage of total billed revenue.o Both the billed revenue and amounts adjusted off bills due to error are calculated from
bills rendered in the reporting period.. "Amounts adjusted off bills due to errors" is the sum of all bill adjustments made in the
reporting period that involve, either in part or in total, adjustment codes related to billing
errors. (Each adjustment thus qualifying is added to the sum in its entirety.)
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC
aggregate, individual CLECs
Disaggregation Reporting: State level
Formula:
[)(Total Billed Revenue Billed in Reporting Period - Amounts Adjusted Off Bills Due to
Errors) + (Total Billed Revenue billed in Reporting Period)l x 100
Exclusions:
o Bl-3A - UNEs and Resale - None
. Bl-3B - Reciprocal Compensation Minutes of Use - Billing adjustments as a result of
ClEC-caused errors in return of minutes of use
Product Reporting:
o Bl-3A - UNE Loops and Resale
Residence
o Bl-3B - Reciprocal Compensation
Minutes of Use (MOU)
Standards: Diagnostic
Availability: Available Notes:
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 , 2013
Page 35
DocuSign Envelope lD: 79BOD7C7-3E09-41 89-958D-3D7A388A3986
Bl-4 - Billing Gompleteness
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 , 2013
Page 36
Purpose:. UNEs and Resale - Evaluates the completeness with which CenturyLink QC reflects
non-recurring and recurring charges associated with completed service orders on the
bills.. Reciprocal Compensation Minutes of Use (MOU) - Evaluates the completeness with
which Centurylink QC reflects the revenue for Local Minutes of Use associated with
CLEC local traffic over Centurylink QC's network on the bills.
Description:
Bl-4A - UNEs and Resale: Measures the percentage of non-recurring and recurring
charges associated with completed service orders appear on the conect bill.*
Bl4B - Reciprocal Compensation (MOU): Measures the percentage of revenue associated
with local minutes of use appearing on the correct (cunent) bill.*
* Correct bill = next available bill
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC
aggregate, individual CLECS, and
CenturyLink QC Retail results
Disaggregation Reporting: Statewide level
Formula:
Bl4A - UNEs and Resals = [XCount of service orders with non-recurring and recurring
charges associated with completed service orders on the bills that are billed on the
correct bill + total count of service orders with non-recurring and recurring charges
associated with completed service orders billed on the bill)l x 100
Bl-48 - Reciprocal Compensation MOU = fi(Revenue for Local Minutes of Use billed on
the correct* bill + Total revenue for Local Minutes of Use collected during the
month)l x 100
Exclusions: None
Product Reporting:
o UNE Loops and Resale Residence. Reciprocal Compensation (MOU)
Standards: Diagnostic
Availability: Available Notes:
DocuSign Envelope lD: 79BOD7C7-3E09-41 89-958D-3D7A388A3986
Database Updates
DB-l - Time to Update Databases
Purpose:
Evaluates the time required for updates to the databases of LIDB and Directory Builder
Description:. Measures the average time required to update the databases of LIDB and the
directory database updating system.o Includes all database updates as specified under Disaggregation Reporting completed
during the reporting period.
Reporting Period: One month Unit of Measure:
Seconds
Reporti ng Comparisons :. DB-1B-LIDB: Combined results for all
CenturyLink QC Retail, Reseller CLEC
and Facilities Based CLEC updates;
o DB-1C-1-Listings: Combined results
for all Provider types including
Centurylink QC Retail, Reseller
CLEC, and Facilities Based CLEC,
ILEC and Unknown Provider,
E lectronical ly S ubm itte_Q, E lectron ica I ly
Processed updates. NorE 1
Disaggregation Reporting :
DB-1B: LIDB for CenturyLink QC Retail,
Reseller CLEC and Facilities Based
CLEC - Multi state region-wide level
DB-1C-1: Listings for all Provider types
including CenturyLink QC Retail,
Reseller CLEC, and Facilities Based
CLEC, ILEC and Unknown Provider,
Electronically Subm itted, Electronically
Processed- Sub-region applicable to
state
Formula:
I[(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)l+ Total database updates as specified under
Disaggregation Reporting completed in the reporting period
Exclusion: lnvalid start/stop dates/times
Product Reporting:
Not applicable (Reported by database type)
Standards: Diagnostic
Availability: Available Notes:
1. Because they cannot be separated, results for CenturyLink
QC Retail, Reseller CLEC, Facilities-based CLECS, ILEC
and Unknown Provider updates are reported combined.
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 ,2013 Page 37
DocuSign Envelope lD: 79BOD7C7-3E09-41 89-958D-3D7A388A3986
Network Performance
Nl-1 - Trunk Blocking
Purpose:
Evaluates factors affecting completion of calls from CenturyLink QC end offices to CLEC
end offices, compared with the completion of calls from CenturyLink QC end offices to
other Centurylink QC end offices, 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.. lncludes blocking percentages on all direct final and alternate final interconnection and
interoffice trunk groups that are in service during the reporting period, subject to
exclusions specified below.
Reporting Period: One month Unit of Measure: Percent Blockage
Reporting
Comparisons: CLEC
aggregate, individual
CLEC, and
CenturyLink QC
!nteroffice trunk
blocking results.
Disaggregation Reporting: Statewide level.
Reports the percentage of trunks blocking in interconnection final
trunks, reported by:
Nl-1A lnterconnection (LlS) trunks to Centurylink QC tandem
offices, with TGSR-related exclusions applied as
specified below;
Nl-18 LIS trunks to CenturyLink QC end offices, with TGSR-
related exclusions applied as specified below;
Nl-1C LIS trunks to Centurylink QC tandem offices, without
TGSR-related exclusions;
Nl-1D LIS trunks to other Centurylink QC end offices, without
TGSR-related exclusions.
Formula:
{[I(Blockage in FinalTrunk Group of Specified Type) x (Number of Circuits in Trunk
Group)l + (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 beinq measured.
Exclusions:
For Nl-1A and Nl-1B onlv:. Trunk groups, blocking in excess of one percent in the reporting period, for which:. A Trunk Group Service Request (TGSR)NorES 1 &2 or the equivalent (if replaced by
another process) has been issued in the reporting period; or. CLECs do not submit, within 20 calendar days of receiving a TGSR or equivalent:
Re_sponsive ASRs (or have ASRs pending that are delayed for CLEC reasonsNorE 3).
Trouble Reports; or
Notification of traffic re-routing (as described in Note 1 below).
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 ,2013 Page 38
DocuSig n Envelope I D: 7986D7C7-3E09-4'l 89-958D-3D7A388A3986
Nl-1 - Trunk Blockin Contin
a) Trunk groups, blocking in excess of one percent in the reporting period, for which
CenturyLink QC 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 circum stances;o The CLEC placing trunks in a "busy" condition;
a) Lack of interconnection facilities to fulfill LIS requests for which the CLEC did not
provide a timely forecast to Centurylink QC. (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 facility
availability OR up to five months after the month the LIS requests could not be
fulfilled, whichever is sooner'o'=o)' ot
b) lsolated incidences of blocking, about which CenturyLink QC 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 CenturyLink QC, and (c) thus, do
not require an actionable TGSR.
For Nl-1A, Nl-18, NILC-end NtlD:
. Trunk groups recently activated that have not been in service for a full "20-high-day,
busy houf' review period.
o Toll trunks, non-final trunks, and trunks that are not connected to the public switched
network.. One-way trunks originating at CLEC end offices.o Centurylink QC ofticial services trunks, local interoffice operator and directory
assistance trunks, and local interoffice 9111E9't1 trunks.
o Records with invalid product codes.. Records missing data essential to the calculation of the measurement per the PlD.
Product Reporting:
LIS Trunks
Standards: Diagnostic, with retail comparative results also
reported as specified below for Nl-1A and Nl-18:. Nl-1A: Comparison with CenturyLink QC lnteroffice Trunks to
tandems. Nl-18: Comparison with CenturyLink QC lnteroffice Trunks to
end offices
Availability:
Available
Notes:
1. CenturyLink QC uses TGSRs (or equivalent, as explained above under
"Exclusions") 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
CenturyLink QC within 20 days that it is initiating a Trouble Report where
CenturyLink QC traffic routing problems are causing the blocking
referenced by the TGSR, or (c) notify CenturyLink QC that the CLEC will
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
CenturyLink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July '1 , 2013
Page 39
DocuSign Envelope lD: 79BOD7C7-3E09-41 89-958D-3D74388A3986
Nl-1 - Trunk Blockin nu
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1, 2013
Page 40
response period ends. Thus, any trunk group excluded in one month
will not be excluded in the next month, unless there is (a) a 2O-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. CenturyLink QC-initiated due date delays, including supplements
made pursuant to CenturyLink QC requests to delay due dates,
shall not be counted as CLEC delays in this measurement.
b. CenturyLink QC-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.9., "customer not ready" in advance of a due date)
that do not contribute to a CenturyLink QC-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 cunently 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. ln that context, this limitation recognizes that,
absent a CLEC forecast, CenturyLink QC still retains a responsibility
to provide facilities for the ASR, although in a longer timeframe than
for ASRs covered by forecasts.
c. This limitation may change depending on the outcome of separate
workshops dealing with issues of interconnection forecasting.
DocuSign Envelope I D: 79 B6D7C7-3E09-41 89-958D-3D7A388A3986
Collocation
CP-2 - Collocations Completed within Scheduled lntervals
Purpose:
Evaluates the extent to which CenturyLink QC completes collocation arrangements for
CLECs within the standard intervals or intervals established in interconnection agreements.
Description:
Measures the percentage of collocation applications that are completed within standard
interyals, including intervals set forth in interconnection agreements.
o lncludes all collocations of types specified herein that are assigned a Ready for Service
Date (RFS) date by CenturyLink QC 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 cageless, physical cageQ,_shared physical
caged, physical-line sharing, cageless-line sharing, and virtua;. NurE 1
. The Collocation Application Date is the date CenturyLink QC receives from the CLEC a
complete and valid application for collocation. !n cases where the CLEC's collocation
application is received by CenturyLink QC on a weekend or holiday, the Collocation
Application Date is the next business dav following the weekend or holiday.. Major lnfrastructure Modifications are defined as conditioning the collocation space,
obtaining permits, and installing 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.o 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 CenturyLink QC 53 calendar days or less after the Collocation
Application Date, the RFS date shall be:.@:90calendardaysaftertheCollocationApplication
Date for physical collocations for which the CLEC provides a complete forecast to
CenturyLink QC 60 or more calendar days in advance of the Collocation
Application Date..:120calendardaysaftertheCollocationApplication
Date for physical collocations for which the CLEC does not provide a forecast to
CenturyLink QC 60 or more calendar days in advance of the Collocation
Application Date.
o 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
Centurylink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 , 2013 Page 41
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
CP-2 - Collocations Completed within Scheduled lntervals (continued)
CenturyLink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 , 2013
Page 42
collocated to CenturyLink QC 53 calendar days or less after the Collocation
Application Date, the RFS date shall be:.@:90calendardaysafterthequoteacceptancedatefor
collocations for which the CLEC provides a complete forecast to Centurylink QC
60 or more calendar days in advance of the Collocation Application Date..:120calendardaysafterthequoteacceptancedate
for collocations for which the CLEC does not provide a forecast to CenturyLink
QC 60 or more calendar days in advance of the Collocation Application Date.
o 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 CenturyLink QC more than 53 calendar days after the
Collocation Application Date, the RFS date shall be:.@:45calendardaysaftertheequipmentisprovidedto
CenturyLink QC, for collocations for which the CLEC provides a complete forecast
to CenturyLink QC 60 or more calendar days in advance of the Collocation
Application Date..:75calendardaysaftertheequipmentisprovidedto
CenturyLink QC, for collocations for which the CLEC does not provide a forecast
to CenturyLink QC 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 CenturyLink QC more than 53 calendar days after the
Collocation Application Date, the RFS date shall be:.@:45calendardaysaftertheequipmentisprovidedto
CenturyLink QC, for collocations for which the CLEC provides a complete forecast
to Centurylink QC 60 or more calendar days in advance of the Collocation
Application Date..:75calendardaysaftertheequipmentisprovidedto
CenturyLink QC, for collocations for which the CLEC does not provide a forecast
to CenturyLink QC 60 or more calendar days in advance of the Collocation
Application Date.. AII Collocations (phvsical. virtual. forecasted. or unforecasted) requirinq Maior
lnfrastructure 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
CenturyLink QC for collocations in which Major lnfrastructure Modifications are
required. Centurylink QC will provide to the CLEC, as part of the quotation, the need
for, and the duration of, such extended intervals.. \Mten a CLEC submits six (6) or more Collocation applications in a one-week period
in any state, completion intervals will be individually negotiated. These collocation
arrangements will be included in CP-2A, -28, or -2C according to the criteria
specified below for these measurements.
o Where there is a CLEC-caused delay, the RFS Date is rescheduled.
DocuSign Envelope lD: 79BOD7C7-3E09-41 89-958D-3D7A38843986
CP-2 - Collocations Completed within Scheduled lnteruals (continued)
Centurylink QC lnterconnection Agreement (lCA) Amended Exhibit B V.10.0 - July 1 , 2013
Page 43
o \tVhere CLECs do not accept the quote within thirty 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 CenturyLink QC 60 or more calendar days in advance of
the Collocation Application Date.
CP-28 Non-Forecasted and Late Forecasted Collocations: Measures collocation
installations for which CLEC does not provide a forecast to CenturyLink QC 60 or
more calendar days in advance of the Collocation Application Date.
CP-2C All Collocations requiring Major lnfrastructure Modifications and
Collocations with intervals longer than 120 days: Measures all collocation
installations requiring Major lnfrastructure Modifications and collocations for which
the RFS date is more than 120 calendar days after the Collocation Application
Date.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate
and individual CLEC results
Disaggregation Reporting: Statewide level
Formula: (for CP-2A, CP-28 and CP-2C)
[(Count of Collocations for which the RFS is met) + (Total Number of Collocations
Completed in the Reporting Period)lx 100
Exclusions:
o RFS dates missed for reasons beyond CenturyLink QC's control. Cancelled or expired requests.
Product Reporting: None Standards: Diagnostic
Availability:
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) will 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 (i.e., six months of experience from first
installations), and ordered in volumes warranting reporting (i.e.,
consistently more than two per month in any state).
DocuSign Enve lope I O: 79BGD7C7-3 E09-41 89-958D-3D7A388A3986
DEFINITIONS OF TERMS
Application Date (and Time) - The date (and time) on which Centurylink QC receives
from the CLEC a complete and accurate local service request (LSR)or access service
request (ASR) or retail order, subject to the following:o 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 Portability (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 Resale Residence, Unbundled Loops, and non-
designed, flowthrough LNP.
4. Retail orders for comparable non-designed services cannot be received after closing
time, so the cutoff time is essentially the business office 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.
Bill Date - The date shown at the top of the bill, representing the date on which
CenturyLink QC begins to close the bill.
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. lf the call is completely
blocked, the calling party will have to re-initiate the call attempt.
Business Day - Workdays that CenturyLink QC is normally open for business. Business
Day - Monday through Friday, excluding weekends and. CenturyLink QC published
Holidays including New Yeads Day, Memorial Day, July 4th, Labor Day, Thanksgiving,
Christmas, and such additional holidays when implemented in all lnterconnection
Agreements. lndividual 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 seryice".
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.
Common Transport - Trunk groups between tandem and end office 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.
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.
Centurylink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 ,2013 Page 44
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DEFINITIONS OF TERMS (continued)
Gustomer 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 facility 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 Listings - Subscriber information used for DA and/or telephone directory
publishing, including name and telephone number, and optionally, the custome/s address.
DS-l - Digital Service Level 1. Service provided at a digital signal speed ol 1.544 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 - lnterconnection and interoffice 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.
lnterva! Zone llZone 2 - lnterval Zone 1 areas are wire centers for which CenturyLink QC
specifies shorter standard service intervals than for lnterval Zone 2 areas.
lnstallation - The activity performed to activate a service.
lnstallation Troubles - A trouble, which is identified after service order activity and
installation, has completed on a customer's line. lt is likely attributable to the service
activity (within a defined time period).
Interconnection Trunks - A network facility that is used to interconnect two switches
generally of different local exchange carriers
lnward Activity - Refers to all orders for new or additional lines/circuits. For change order
types, additional lines/circuits consist of all C orders with "1" 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 inability of a carrier to meet the committed due date on a service order
Jeopardy Notice - The actual notice that the ILEC sends to the CLEC when a jeopardy
has been identified.
Lack of Facilities - A shortage of cable facilities 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.
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DEFINITIONS OF TERMS (continued)
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.
Local Number Portability (formerly defined under Permanent Number Portability and
also known as - Long Term Number Portability) - 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.
MSAINon-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. CenturyLink QC 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 Bill - A bill that is delivered via electronic transmission.
Plain Old Telephone Service (POTS) - Refers to basic 2-wire, non-complex analog
residential and business services. Can include feature capabilities (e.9., 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);o Primary AC outlet in place;. Cable racking and circuit terminations are complete (e.9. fiber jumpers placed between
the Outside Plant Fiber Distribution Panel and the Central Office Fiber Distribution Panel
serving the CLEC).o The following items complete, subject to the CLEC having made required payments to
Centurylink QC (e.9., final payment): (lf 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 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 CenturyLink QC's
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 CLEC) to
indicate when collocation installation is scheduled to be ready for service, as defined
above.
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DEFINITIONS OF TERMS (continued)
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 lD 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.9., 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.
Service Order Type - The designation used to identify the major types of provisioning
activities associated with a local service request.
Standard lnterval - The interval that the ILEC publishes as a guideline for establishing
due dates for provisioning a service request. Typically, due dates will 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 CenturyLink QC Standard lnterval 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 !LEC, of a trouble report on a
customer's service to the time service is fully restored to the customer.
Unbundled Loop - The Unbundled Loop is a transmission path between a CenturyLink
QC 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 CenturyLink QC
owned or controlled facilities cease, and CLEC, end user, owner or landlord ownership of
facilities begins.
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GLOSSARY OF ACRONYMS
ACRONYM DESCRIPTION
ADSL Asvmmetric Diqital Subscriber Line
ASR Service Request (processed via Exact system)
BRI Basic Rate lnterface (type of ISDN service)
CKT Circuit
CLEC Competitive Local Exchange Carrier
co CentralOffice
CPE Customer Premises Equipment
CSR Customer Service Record
DB Database
DS1 Digital Service 1
EELS Enhanced Extended Loops
EXACT Exchange Access, Control, & Tracking
FOC Firm Order Confirmation
GUI Graphical User lnterface
HDSL High-Bit-Rate Digital Subscriber Line
HICAP Hioh Capacity Diqital Service
IEC lnterexchange Carrier
ILEC lncumbent Local Exchanqe Carrier
INP I nterim Number Portability
roF lnteroffice Facilities (refers to trunk facilities located
between CenturyLink QC central offices)
ISDN lntegrated Services Digital Network
IMA I nterconnect Mediated Access
LIDB Line ldentification Database
LIS Local I nterconnection Service Trunks
LNP Long Term Number Portability
LSR LocalService Request
N,T,C Service Order Types - N (new), T (to or transfer), C
(change)
oos Out of service (type of trouble condition)
OSS Operations Support Systems
PON Purchase Order Number
POTS Plain Old Telephone Service
RFS Ready for Service (refers to collocation installations)
SOP A service order processor
TN Telephone Number
UNE Unbundled Network Element
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 High-bitrate
DSL.)
CenturyLink QC ICA Amended Exhibit B, Ver. 10.0 - July 1 ,2013 Page 48
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EXHIBIT C
See CenturyLink's Wholesale web-site forthe Service lnterval Guide.
1Exhibit C -CenturyLink Fourteen State Template Version 1 .8, May 11,2A05
DocuSign Envelope I D: 7986D7C7-3E09-4'l 89-958D-3D7A38843986
Exhibit D
DateGenerallnformationProvidedbyCenturyLink:-
General Agreement
BAN Number (must be assigned before processing)
REVISED CENTURYLINK RIGHT OF WAY, POLE ATTACHMENT, INNERDUCT OCCUPANCY
GENERAL INFORMATION: EFFECTIVE 6129101
1 PURPOSE. The purpose of this General lnformation document is to share information and provide
or deny permission to attach and maintain CLEC's facilities ("Facilities") to Qwest Corporation dba
CenturyLink's ("CenturyLink") Poles, to place Facilities on or within CenturyLink's lnnerduct
(collectively "Poles/lnnerduct") and to obtain access to CenturyLink's private right of way ("ROW'), to
the extent CenturyLink has the right to grant such access. This General lnformation is necessary to
determine if CenturyLink can meet the needs of the CLEC's request but does not guarantee that
physical space or access is currently available. Permission will be granted on a first-come, first-serve
basis on the terms and conditions set forth in the appropriate agreement pertaining to
"Poles/lnnerducf'.
2 PROCESS. The CenturyLink process is designed to provide the CLEC the information so as to
assist CLEC and CenturyLink to make Poles, lnnerduct and ROW decisions in a cost-efficient
manner. The Process has these distinct steps:
2.1 lnquirv 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
lnquiry Fee, calculated in accordance with Attachment 1.A hereto. These fees are intended to
cover CenturyLink's 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 CenturyLink Service Support Representative for each request before sending an
Attachment 1.A. To request a BAN number send an email requesting one to:
[e-mail]. lnclude your name, company, phone number,
email address, city and state of our inquiry. A BAN number will be assigned to your inquiry and
will 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 [e-mail] while the fee must be sent
to the CenturyLink 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 ROWducUpole system. Area Maps should be legible and identify all
significant geographic characteristics including, but not limited to, the following: CenturyLink
central offices, streets, cities, states, lakes, rivers, mountains, etc. CenturyLink reserves the right
to reject illegible or incomplete maps. lf 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 %
section must also be provided.
CenturyLink will complete the lnquiry review and prepare and return a Poles/lnnerduct
Verification/ROw Access Agreement Preparation Costs Quotation (Attachment 1.8) 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 lnnerduct attachment is requested. ln the case of poles,
CenturyLink will assign a Field Engineer and provide his/her name and phone number to the
CLEC. The Field Engineer will check the local database and be available for a joint verification
with the CLEC. The Poles/lnnerduct Verification/Row Access Agreement Preparation Costs
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Quotation will be valid for thirty (30) calendar days from the date of quotation. The lnquiry step
results only in the location and mapping of CenturyLink facilities and does not indicate whether
space is available. This information is provided with Attachment 1.8.
ln the case of ROW, CenturyLink will prepare and return a ROW information matrix and a copy of
agreements listed in the ROW Matrix, within ten (10) days. The ROW Matrix will identify (a) the
owner of the ROW as reflected in CenturyLink's records, and (b) the nature of each ROW (i.e.,
publicly recorded and non-recorded). The ROW information matrix will also indicate whether or
not CenturyLink has a copy of the ROW agreement in its possession. CenturyLink 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.
ln the case of MDUs, CenturyLink will prepare and return an MDU information matrix, within ten
(10) days, which will identify (a) the owner of the MDU as reflected in CenturyLink's records, and
(b) whether or not CenturyLink has a copy of the agreement between CenturyLink and the owner
of a specific multi-dwelling unit that grants CenturyLink access to the multi-dwelling unit in its
possession. CenturyLink makes no representations or warranties regarding the accuracy of its
records, and CLEC acknowledges that the original landowner may not be the current owrer of the
property.
CenturyLink will 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. CenturyLink will redact all dollar figures from copies of agreements
listed in the Matrices that have not been publicly recorded that CenturyLink 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 CenturyLink in the event of any
legal action arising out of CenturyLink's provision of such agreement to CLEC. ln that event, the
CLEC shall not be required to execute the Consent to Disclosure form.
lf there is no other effective agreement (i.e., an lnterconnection Agreement) between CLEC and
CenturyLink concerning access to Poles, Ducts and ROW, then Attachment 3 must be executed
by both parties in order to start the lnquiry Review and in order for CLEC to obtain access to
Poles, Ducts and/or ROW.
2.2 Attachment 1.8 (Verification'l & Attachment 4 (Access Aoreement Preparation). With
respect to Poles and lnnerduct, upon review and acceptance of signed Attachment 1,8 and
payment of the estimated verification costs by the CLEC, CenturyLink will conduct facilities
verification and provide the requested information which may or may not include the following: a
review of public and/or internal CenturyLink right-of-ways records for restrictions, identification of
additional rights-of-way required; a field survey and site investigation of the lnnerduct, including
the preparation of distances and drawings, to determine availability on existing lnnerduct;
identification of any make-ready costs required to be paid by the CLEC, if applicable, prior to
installing its facilities. ln the case of Poles, Attachment 1.B orders the field verification which maybe done jointly. A copy of the signed Attachment 1.8 should be emailed to
[e-mail] while the appropriate fees should be
sent to the CenturyLink-ClEC Joint Use Manager with the original signed Attachment 1.8. Upon
completion of the verification, Attachment 2 will be sent to the CLEC by CenturyLink.
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Exhibit D
With respect to ROW, upon review and acceptance of signed Attachment 1.8 and payment of the
ROW conveyance consideration, CenturyLink will deliver to the CLEC an executed and
acknowledged Access Agreement to the CLEC in the form attached hereto as Attachment 4 (the
"Access Agreement"). ln the event that the ROW in question was created by a publicly recorded
document and CenturyLink has a copy of such document in its files, a copy of the Right-of-Way
Agreement, as defined in the Access Agreement, will be attached to the Access Agreement and
provided to the CLEC at the time of delivery of the Access Agreement. lf the ROW was created
by a document that is not publicly recorded, or if CenturyLink does not have a copy of the Right-
of-Way Agreement in its possession, the Access Agreement will not have a copy of the Rightof-
Way Agreement attached. lf the ROW was created by a non-publicly recorded document, but
CenturyLink does not have a copy of the Right-of-Way Agreement in its possession, the CLEC
must obtain a copy of the Right-of-Way Agreement or other suitable documentation reasonably
satisfactory to CenturyLink to describe the real property involved and the underlying rights giving
rise to the Access Agreement.
Although CenturyLink will provide the identity of the original grantor of the ROW, as reflected in
CenturyLink's records, the CLEC is responsible for determining the current owner of the property
and obtaining the proper signature and acknowledgement to the Access Agreement. lf
CenturyLink does not have a copy of the Right-of-Way Agreement in its records, it is the
responsibility of the CLEC to obtain a copy of the Right-of-Way Agreement. lf 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 property
is located. lf the ROW was created by a grant or agreement that is not publicly recorded, CLEC
must provide CenturyLink with a copy of the properly executed and acknowledged Access
Agreement and, if applicable, properly executed Consent Regarding Disclosure form or letter of
indemnification.
CenturyLink is required to respond to each Attachment 1.B. submitted by CLEC within 35 days of
receiving the Attachment 1.B. ln the event that CenturyLink 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 ?rty, between
CenturyLink and CLEC.
2.3 Poles/Duct Order Attachment 2 (Access). ln the case of Poles and lnnerduct, upon
completion of the inquiry and verification work described in Section 2.2 above, CenturyLink will
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, CenturyLink will assign the
CLEC's requested space; CenturyLink will also commence the Make-ready work within 30 days
following payment of the Make-Ready Fees. CenturyLink will notify CLEC when Polesllnnerduct
are ready for attachment or placement of Facilities. A copy of the signed Attachment 2 form
should be emailed to [e-mail] while the payment should
go to the Joint Use Manager along with the original signed Attachment 2.
NOTE: Make-ready work performed by CenturyLink concerns labor only. For Poles it involves
rearrangement to accommodate the new attachment. For lnnerduct, 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". CenturyLink will consider repair or
clearing damaged facilities, but may not construct new facilities as part of Make-ready work.
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Exhibit D
Construction work to place conduit or replace poles may be required where facilities are blocked.
The CLEC may contract separately with a CenturyLink-approved contractor to complete the
construction provided a CenturyLink inspector inspects the work during and after construction. lf
other parties benefit from construction, the costs may be divided among the beneficiaries.
Construction costs are p! 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 ROWPoles/lnnerduct. CenturyLink 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 tothe extent owned or controlled by CenturyLink. CenturyLink provides access to
Poles/lnnerducUROW 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 lnformation shall be construed to require or compel CenturyLink 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
CenturyLink in determining if Poles/lnnerduct space is available to meet the CLEC's request;
however, the CLEC must agree and will be responsible for payment of the actual costs incurred if
such costs exceed the estimate. lf the actual costs are less than the estimate, an appropriate
credit can be provided upon request. lf CenturyLink denies access, CenturyLink 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 CenturyLink in searching its databases and preparing the Access Agreement. ln the
event that complications arise with respect to preparing the Access Agreement or any other
aspect of conveying access to CenturyLink's 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 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 ("AAA") unless
otherwise provided herein. The arbitrator shall be selected in accordance with AAA procedures
from a list of qualified people maintained by AAA. The arbitration shall be conducted in the
regional AAA office closest to where the claim arose.
3.2. All expedited procedures prescribed by the AAA 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 of this
Agreement to arbitrate and the arbitrability of the claims.
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34. lf 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 compelling arbitration, including reasonable attorney's fees.
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Exhibit D
ATTACHMENT 1. A
Poles/lnnerduct/ or ROW lnquiry Preparation Fee
General Agreement
BANNumber(oneforeachroutemustbeassignedbeforeprocessing):-
Date Submitted Date Replied to CLEC:
CLEC Nam Contact name:
Billing Address
Phone Numb e-mail address:
State and city of inq
Poles/lnnerduct Permit Database Search Costs Quotation
(One Mile Minimum) Costs Est. Miles
1. Pole lnquiry Fee (see attached pricing chart) X _
2. lnnerduct lnquiry Fee (see attached pricing chart)
3. ROW Records lnquiry (see attached pricing chart)
Total=$=$=$
4. Estimated lnterval for Completion of ltems 1, 2 or 3:
5. Additional requirements of CLEC: _
10 Days
This lnquiry will result in (a) for Poles and lnnerduct: 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 CenturyLink's Possession. (c) For
Poles, the name and telephone number of the Field Engineer are provided so that the CLEC may contact
the CenturyLink Field engineer and discuss attachment plans. lf a field verification of poles is required,
Attachment 1.B must be completed and the appropriate charges paid. lnnerduct verification is always
needed.
By signing below and providing payment of the Estimated Costs identified above, the CLEC desires
CenturyLink to proceed with the processing of its database/records search and acknowledges receipt of
this General lnformation, including the General Terms and Conditions under which CenturyLink offers
such Poles/lnnerduct. Quotes expire in 30 days.
Qwest Corporation dba CenturyLink QC
Signature Signature
Name Typed or Printed Name Typed or Printed
Title Title
Date Date
This signed form (original) must be sent to: Manager, GenturyLink CLEC Joint Use, West MineralAve NM
M30.13 Littleton, CO 80120 303-707-3165 together with payment for the lnquiry amount which may be
remitted in the form of a check payable to'CenturyLink', or through an Electronic Funds Transfer (EFT) if
the CLEC has completed the EFT Pre-application via the EFT process.
A copy of this form must be sent with two acceptably-detailed maps showing the requested route to:
CenturyLink Exhibit D - ldaho v.02.01.2013 v. 01 .09.2013 Page 6
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Exhibit D
CenturyLink Service Representative at: [e-mail]. Put
"Agree" on signature line.
CenturyLink Exhibit D - Idaho v.02.01 .2013 v. 01.09.2013 Page 7
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Exhibit D
ATTACHMENT 1.8
General Agreement
BAN Num
Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation
Date Nonrefundable Received Date Replied to CLEC:
**NOTE: THIS ATTACHMENT WILL BE COMPLETED BY CENTURYLINK AND SENT TO THE CLEC
FOR SIGNATURE AFTER THE DATABASE INQUIRY IS COMPLETE.**
Estimated Costs Number Total Charge
$1. Pole Field Verification Fee (10 pole minimum)
2. lnnerduct Field Verification Fee
3. Preparation of private ROW documents
4. Access Agreement Prep. and Consideration$10/ Access Agreement
$
$
5. Estimated lnterval to Complete ltems 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
CenturyLink to proceed with the processing of its field survey/preparation of Access Agreements, and
acknowledges receipt of this General lnformation, including the General Terms and Conditions under
which CenturyLink otfers such ROWPoles/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 uested.uotes re in 30
The original signed form must be sent to:
Manager, CenturyLink CLEC Joint Use, West MineralAve NM M30.13 Littleton, CO 80120 303-707-3165
together with payment for the Verification amount which may be remitted in the form of a check payable
to CenturyLink, or through an Electronic Funds Transfer (EFT) if the CLEC has completed the EFT Pre-
s
Qwest Corporation dba CenturyLink QC
SignatureSignature
Name Typed or Printed Name Typed or Printed
TitleTitle
Date Date
CenturyLink Exhibit D - ldaho v.02.01.2413 v. 01 .09.2013 Page 8
DocuSig n Enve lope I D: 7986D7C7-3E09-41 89-958D-3D74388A3986
Exhibit D
application via the EFT process. An email copy of this form must be sent to:
[e-mail], with "Agree" on the signature line.
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Exhibit D
ATTACHMENT 2
Poles/lnnerduct Order General Agreement
BAN N**NOTE: THIS FORM WILL BE COMPLETED BY CENTURYLINK AND SENT TO CLEC FOR
SIGNATURE-*Make-readyWorkrequired:Yes()No()DateReceived-
lf 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. \Nhen placing fiber, CLEC must:
a. provide CenturyLink representative, a final design of splice, racking and slack locations in CenturyLink utility
holes.
b. tag all equipment located in/on CenturyLink's facilities from beginning of the route to the end, and at the
entrance and exit of each utility 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 lnnerduct and Color of Occupied lnnerduct.
Annual es forthis Permit:
Please check YES if construction by Centurylink is needed for access to CenturyLink manholes (e.9. core drills,
stubouts, not innerduct placement) For Poles, quantity is based on the number of vertical feet used (One cable
attachment = one foot). lf you do not place an order at this time, these Poles/lnnerduct will 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 2OO1 HAS
BEEN PRORATED TO ( /DAY . DAYS). PLEASE PROVTDE PAYMENT FOR THE MAKE-
READY COSTS AND THE PRORATED 2OO1 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 billing, then the first half-year's prorated Semiannual Recurring Charge),
the CLEC desires CenturyLink to proceed with the Make-ready Work identified herein and acknowledges receipt of
the General Terms and Conditions under which Centurylink 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 to: Manager, CenturyLink CLEC Joint Use Supervisor, West MineralAve NM
M30.13 Liftleton, CO 80{20 303-707-3165 together with payment for the Occupancy amount which may be
remitted in the form of a check payable to CenturyLink, or through an Electronic Funds Transfer (EFT) if
the CLEC has completed the EFT Pre-application via the EFT process. Send a copy to:
wholesale. servicessu poortteam @ce nturvl i n k. com
AnnualCharoe Quantitv
TotalAnnual
Charqe
$I $1. Pole Attachment, Per Pole
2, lnnerduct Occupancy, Per Foot $$
YES NO3.Request conf. call for Construction?
CenturyLink Exhibit D - ldaho v.02.01.2013 v.01.09.2013 Page 10
Qwest Corporation dba CenturyLink QC
Siqnature Signature
Name Tvped or Printed Name Tvped or Printed
Title Title
Date Date
DocuSig n Enve lope I D: 7986D7C7-3 E09-4'l 89-958D-3D7A388A3986
Exhibit D
CenturyLink Exhibit D - ldaho v.02.01.2013 v. 01 .09.2013 Page 1 1
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D74388A3986
Exhibit D
ATTACHMENT 3
General Agreement:
CENTURYLINK RIGHT OF WAY ACCESS, POLE ATTACHMENT AND/OR INNERDUCT
OCCUPANCY
GENERAL TERMS AND CONDINONS
This is an Agreement between ("CLEC') and CenturyLink Corporation
("CenturyLink"), for one or more Orders for the CLEC to obtain access to CenturyLink's Right-of-Way
('ROW') and/or to install/attach and maintain their communications facilities ("Facilities") to CenturyLink's
Poles and/or placement of Facilities on or within CenturyLink's lnnerduct (collectively "Poles/lnnerduct')
described in the General lnformation and CLEC Map, which are incorporated herein by this reference
(singularly "Ordei' or collectively, "Orders"). lf there is no other effective agreement (i.e., an
lnterconnection Agreement) between CLEC and CenturyLink concerning access to Poles, Ducts and
ROW, then this AgreemenVAttachment 3 must be executed by both parties in order to start the lnquiry
Review and in order for CLEC to obtain access to Poles, Ducts and/or ROW.
1. SGOPE.
1.1 Subject to the provisions of this Agreement, CenturyLink 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 CenturyLink, and/or (b) access to
CenturyLink's ROW to the extent that (i) such ROW exists, and (ii) CenturyLink 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 CenturyLink or its predecessors.
1.2 Except as expressly provided herein, nothing in this Agreement shall be construed to
require or compel CenturyLink 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 CenturyLink agrees to provide access to ROWPoles/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 lnnerduct occupancy
shall continue in etfect 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 CenturyLink. 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 party may terminate this Agreement (which will have
the etfect 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
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Exhibit D
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 lf CenturyLink 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 Orde(s) and shall remove its Facilities from the
Poles/lnnerduct within sixty (60) days, or cause CenturyLink 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 CenturyLink 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 term inate.
3.4 lf 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 CenturyLink until CLEC's Facilities are
physically removed.
3.5 CenturyLink 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 CenturyLink, or
remove its Facilities therefrom. Failure to remove its Facilities 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 CenturyLink Poles/lnnerduct usagefees ("Fees") as specified in the
Order. Fees will be computed in compliance with applicable local, state and Federal law,
regulations and guidelines. Such Fees will be assessed, in advance on an annual basis.
Annual Fees will be assessed as of January 1st 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 will
be subject to applicable finance charges.
4.2 CenturyLink has the right to revise Fees, at its sole discretion, upon written notice to
CLEC within at least sixty (60) days prior to the end of any annual billing 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
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Exhibit D
(3) Stop Gap liability or employer's liability insurance with a limit of One Hundred
Thousand Dollars ($100,000.00) for each accident.
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 Million 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.
5.4 CenturyLink may require the CLEC from time-totime 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
CenturyLink shall be borne by CenturyLink, and the CLEC shall arrange to have such
costs billed separately and directly to CenturyLink by the insuring carrier(s). CenturyLink
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 CenturyLink. The CLEC shall forward to CenturyLink, certificates of such insurance
issued by the insuring carrier(s). The insuring canier(s) may use the ACORD form, which
is the lnsurance lndustries certificate of insurance form. The insurance certificates shall
provide that: (1) CenturyLink 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 CenturyLink; (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 holdei' are included in the description portion of the certificate. The
CLEC shall not commence work hereunder until the obligations of the CLEC with respect
to insurance have been fulfilled. The fulfillment of such obligations shall not relieve the
CLEC of any liability hereunder or in any way modify the CLEC's obligations to indemnify
CenturyLink.
5.6 \ly'henever 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 lnsurance policy will be required. Such policy shall be issued in the
CenturyLink Exhibit D - ldaho v.02.01.2013 v. 01 .09.2013 Page 14
5.2 General liability insurance providing coverage for underground hazard coverage
(commonly referred to as "U" coverage), products/completed operations, premises
operations, independent contractor's 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 Million 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.
DocuSign Envelope lD: 79B6D7C7-3E09-41 89-9580-3D7A388A3986
Exhibit D
name of the Railroad with standard limits of Two Million Dollars ($2,000,000.00) per
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). ln addition, said
policy shall name CenturyLink 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 CenturyLink and the Railroad and shall be delivered to
and approved by both parties prior to the entry upon or use of the Railroad Property.
5.7 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 CenturyLink retains the right, in its sole judgment, to determine the availability of space on
Poles/lnnerduct. When modifications to a CenturyLink spare conduit include the
placement of innerduct, CenturyLink retains the right to install the number of innerducts
required to occupy the conduit structure to its full capacity. ln the event CenturyLink
determines that rearrangement of the existing facilities on Poles/lnnerduct is required
before CLEC's Facilities can be accommodated, the cost of such modification will 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 CenturyLink 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 CenturyLink 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 reference, and any governing authority having jurisdiction of the subject matter
of this Agreement. Where a ditference 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. CenturyLink's procedures governing its standard maintenance practices shall
be made available upon request for public inspection at the appropriate CenturyLinkpremises. CLEC's procedures governing its standards maintenance practices for
Facilities shall be made available to CenturyLink upon written request. CLEC shallwithin
thirty (30) days comply and provide the requested information to CenturyLink to bring their
facilities into compliance with these terms and conditions.
CenturyLink Exhibit D - ldaho v.02.01.2013 v. 01 .09.2013 Page 15
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Exhibit D
6.4 ln the event of any service outage affecting both CenturyLink 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 ln the event of an infrastructure outage, the CLEC should contact their Network
Maintenance Center at 1-80G223-7881 or the CLEC may contact their Account Manager
at the lnterconnect Service Center.
7. MODIFICATION TO EXISTING POLES/INNERDUCT
7.1. lf CLEC requests CenturyLink to replace or modify existing Polesllnnerduct to increase its
strength or capacity for the benefit of the CLEC and CenturyLink determines in its sole
discretion to provide the requested capacity, the CLEC shall pay CenturyLink the total
replacement cost, CenturyLink's 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 CenturyLink. 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 Facilities 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 CenturyLink 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. lf CLEC does not rearrange
its facilitates within sixty (60) days after receipt of written notice from CenturyLink
requesting such rearrangement, CenturyLink 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. CenturyLink reserves the right to make final construction,
subsequent and periodic inspections of CLEC's facilities occupying the Poles/lnnerduct system.
CLEC shall reimburse CenturyLink for the cost of such inspections except as specified in Section
8 hereof.
8.1 CLEC shall provide written notice to CenturyLink, at least fifteen (15) days in advance, of
the locations where CLEC's plant is to be constructed.
The CLEC shall forward Exhibit A, entitled "Pulling ln Report" attached hereto and
incorporated herein by this reference, to CenturyLink within five (5) business days of the
date(s) of the occupancy.
CenturyLink Exhibit D - ldaho v.02.0'1.2013 v.01.09.2013 Page 16
8.2.
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Exhibit D
8.3.CenturyLink shall provide written notification to CLEC within seven (7) days of the date of
completion of a final construction inspection.
\tr/here final construction inspection by CenturyLink has been completed, CLEC shall be
obligated to correct non-complying conditions within thirty (30) days of receiving written
notice from CenturyLink. ln 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
CenturyLink 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. lf agreed to in
writing, by both parties, CenturyLink shall perform such corrections and CLEC shall pay
CenturyLink the cost of performing such work. Subsequent inspections to determine if
appropriate conective action has been taken my be made by CenturyLink.
8.5.Once the CLECs facilities occupy CenturyLink Poles/lnnerduct system and Exhibit A has
been received by CenturyLink, CenturyLink may perform periodic inspections. The cost of
such inspections shall be borne by CenturyLink, 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
CenturyLink for full costs of inspection, and re-inspection to determine compliance as
required. A CLEC representative may accompany CenturyLink on field inspections
scheduled specifically for the purpose of inspecting CLEC's Facilities; however, CLEC's
costs associated with its participation in such inspections shall be borne by CLEC.
CenturyLink 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 CenturyLink, and shall not
relieve CLEC of any responsibilities, obligations, or liability arising under this Agreement.
9. UNAUTHORIZED FACILITIES
9.1 lf any facilities are found attached to Poles/lnnerduct for which no Order is in effect,
CenturyLink, 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 CenturyLink of
the unauthorized occupancy, a Poles/lnnerduct application. CenturyLink 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
CenturyLink of the unauthorized attachment; and (2) the unauthorized attachment did not
require CenturyLink to take curative measures itself (e.9., pulling additional innerduct)
CenturyLink Exhibit D - ldaho v.02.01.2013 v. 01 .09.2013 Page 17
8.4.
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
Exhibit D
prior to the cure by CLEC. CenturyLink shall also waive the unauthorized attachment fee
if the unauthorized attachment arose due to enor by CenturyLink rather than by CLEC. lf
such application is not received by CenturyLink within the specified time period, the CLEC
will be required to remove its unauthorized facility within ten (10) days of the final date for
submitting the required application, CenturyLink may remove the CLEC's facilities without
liability, and the cost of such removal shall be bome 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.
10.
11.
9.3 No act or failure to act by CenturyLink 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 CenturyLink
of any of its rights of privileges under this Agreement or otherwise.
REMOVAL OF FACILITIES. Should CenturyLink, under the provisions of this Agreement,
remove CLEC's Facilities from the Poles/lnnerduct covered by any Order (or otherwise),
CenturyLink will deliver the Facilities removed upon payment by CLEC of the cost of removal,
storage and delivery, and all other amounts due CenturyLink. lf payment is not received by
CenturyLink within thirty (30) days, CLEC will be deemed to have abandoned such facilities, and
CenturyLink may dispose of said facilities as it determines to be appropriate. lf CenturyLink must
dispose of said facilities, such action will not relieve CLEC of any other financial responsibility
associated with such removal as provided herein. lf 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 CenturyLink for previous occupancy have been paid in full. CLEC shall submit Exhibit B,
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 CenturyLink 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 CenturyLink, 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 ("Liabilities") 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 faultor 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 willful misconduct) of CenturyLink, its officers,
employees, agents, and representatives, except as otherwise provided in paragraphs 1 1.3 and
11.4 below; and/or, (7) any economic damages that may rise, including damages for delay or
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other related economic damages that the CenturyLink or third parties may suffer or allegedly
suffer as a result of the performance or failure to perform work by the CLEC. lf both CenturyLink
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 CenturyLink desires.
CenturyLink shall give the CLEC reasonable written notice of all such claims and any suits
alleging such claims and shall fumish upon the CLEC's request and at the CLEC's expense all
information and assistance available to the CenturyLink 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 CENTURYLINK BY AN EMPLOYEE OR FORMER EMPLOYEE
OF THE CLEC, AND THE CLEC EXPRESSLY WAIVES ALL IMMUNITY AND
LIMITATION ON LIABIUry 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 CI.AIM.
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.
1 1.3 FOR ANY WORK PERFORMED IN ARIZONA, IDAHO, SOUTH DAKOTA, UTAH OR
WASH|NGTON, SECTTON 11(6) SHALL NOT EXTEND TO THE SOLE
NEGLIGENCE OF CENTURYLINK BUT SHALL EXTEND TO THE NEGLIGENCE OF
CENTURYLINKWHEN 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.
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12.2 lf such contingency occurs, CenturyLink may elect:
12.2.1 To terminate this Agreement as to the Order in question; or
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 CenturyLink shall be deemed to have elected Section 12.2.3 above unless written notice
of termination is given by CenturyLink after the contingency occurs. With respect to
CenturyLink's election of Section 12.2.3 above:
12.3.1 CenturyLink 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 lf appropriate, at the CenturyLink's discretion, the time for completion of
specific work assignment(s) shall be extended up to the length of time the
contingency endured.
12.4 CenturyLink shall be excused from its performance if prevented by acts or events beyond
the CenturyLink'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.
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 ('AAA') unless otherwise provided herein. The arbitrator shall be selected in
accordance with AAA procedures from a list of qualified people maintained by n44. 16"
arbitration shall be conducted in the regional AAA office closest to where the claim arose.
13.2. All expedited procedures prescribed by the AAA shall apply. The arbitrator's decision
shall be final and binding and judgment may be entered in any court having jurisdiction
thereof.
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13. DISPUTERESOLUTION.
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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 arbitrability of the claims.
13.4.lf 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 compelling arbitration, including reasonable attorney's fees.
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 will act as a modiflcation 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. 2241o attach to CenturyLink's pole pursuant to the terms
thereof. The CLEC acknowledges that CenturyLink will rely on the foregoing representation, and
that if such representation is not accurate, this Agreement shall be deemed void ab initio, except
for Article t hereof, for which CLEC shall remain fully liable.
15 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 unlaMul,
this Agreement, or that provision of the Agreement to the extent it is unlawful, shall terminate. lf 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.
16. GENERAL PROVISIONS.
16.1 Failure or delay by either party 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
CenturyLink, 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 CenturyLink's consent in any event.
14
This Agreement benefits CLEC and CenturyLink. There are no third party beneficiaries.
This Agreement constitutes the entire understanding between CLEC and CenturyLink with
respect to Service provided herein and supersedes any prior agreements or
understandings.
16.3
16.4
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The parties hereby execute and authorize this Agreement as of the latest date shown below:
CLEC Qwest Corporation dba CenturyLink QC
Signature Signature
Name Typed or Printed Name Typed or Printed
PRODUCT MANAGER
Title Title
Date Date
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EXHIBIT A
PULLING IN REPORT
This report is to be completed by the CLEC when fiber cable is placed into innerduct.20_
Send to:
Manaqer. Qwest Corp dba Centurvlink QC
700 W Mineral. Rm lAF12
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 lnnerduct Agreement dated
of the following cable into the following ducts.
20_ we have completed installation
Municipality
Location
From
Manhole at
2.
To
Manhole at
Cable and
Equipment lnstalled
Name of CLEC
By:
TiflA'
Receiptoftheabovereportisherebyacknowledged-,2o-.
Qwest Corporation dba CenturyLink QC
TitlF'
3.
1. Reports shall be submitted in duplicate
A complete description of all facilities shall be given, including a print showing the locations,
quantities, sizes and types of all cables and equipment.
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.
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Exhibit D
EXHIBIT B
NOTIFICATION OF SURRENDER OR MODIFICATION
OF CONDUIT OCCUPANCY ORDER BY CLEC
Return to:
Manaqer. Qwest Corp dba CenturvLink QC
700 W Mineral, Rm lAF12
Littleton, CO 80120
2L,ln 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, dated20) etfective
Name of Licensor Name of Co- Provider
Date Notification Received
Title
Date Modification Accepted
By
Discontinued:Total duct footage_
CONDUIT LOCATION Ltc. No. &
DATE
SURRENDER OR
MODIFICATION
DATE
FAC. RMVD. OR
MODIFIED
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EXHIBIT C
NOTIFICATION OF SURRENDER OR MODIFICATION
OF POLE ATTACHMENT ORDER BY CLEC
Return to:
Manaoer. Qwest Coro dba Centurvlink QC
700 W Mineral, Rm lAF12
Littleton, CO 80120
ln accordance with the terms and conditions of the Agreement between CenturyLink 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 CenturyLink, dated ,20_) effective
POLE NO.ASSOC, POLE
NO.
Ltc. No. &
DATE
SURRENDER OR
MODIFICATION
DATE FAC.
RMVD OR
MODIFIED
1 A
A/GS -
2.A
A/GS -
3.A
A/GS -
4.A
A/GS.
5.A
A/GS -
6.A
fuGS -
7 A
fuGS.
8.A
A/GS -
9.A
fuGS -
Date Notification Received
Date Modification Received
Name of CLEC
Discontinued:Poles-Anchors_ Anchor/Guy Strands_lts:_
c
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ATTACHMENT 4
FORM OF ACCESS AGREEMENT
After recording, please return to:
Manaoer
700 W Mineral, Rm lAF12
Littleton, CO 80120
ACCESS AGREEMENT
THIS ACCESS AGREEMENT (this "Aoreement") is made as of the _ day of _, 20_, by
and between QWEST CORPORATION dba CENTRYL|NK QC, a Colorado corporation, successor in
interest to U S WEST COMMUNICATIONS, lNC., a Colorado corporation ("Gran]c(), whose address is
and a
, whose address is
("Grg$e").
RECITALS
This Agreement relates to certain real property (the "&Ef!y") located in the County of
(the "Countv"), 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 Riohts"), is attached as Exhibit A (the "Rioht of Wav Aoreement").
C. Pursuant to 42 U.S.C. SS 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. 5224. Grantee is a telecommunications carrier that has requested access to Grantofs 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 sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Grant of Rioht 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, "Ag1!ho1!zed..,1!!sers" of Owner, Grantor and
Grantee shall mean Owner, Grantor or Grantee, as applicable, their respective Affiliates and agents,
licensees, employees, and invitees, including, without limitation, contractors, subcontractors, consultants,
A.
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suppliers, public emergency vehicles, shipping or delivery vehicles, or construction vehicles. "A![iIg!S"
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."l@' means an individual, partnership, limited liability company, association, corporation or other
entity.
2. Granto/s Reserved Riohts. 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 Aoreement. This Agreement is expressly
conditioned on the following:
a. Recordation of Aoreement. lf 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. Pavment of Costs and Expenses. Grantee shall pay to or reimburse Grantor for all
costs and expenses, including reasonable attorneys' fees, relating to Grantols execution and
delivery of this Agreement.
4.Grantee's R and Warranties.Grantee represents and warrants to Grantor that.
a. Authoritv. 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 carrief' as that term is defined in 42 U.S.C. S 224.
b. Due Diliqence. 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 lS, WHERE lS" condition.
Grantee expressly waives all claims for damages by reason of any statement, representation,
warranty, assurance, promise or agreement made, if any.
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5. Grantee's Covenants.
a. Compliance with Rioht of Wav Aoreement. 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. ln 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-lnterference. Grantee agrees that it will not interfere with Grantor's or Grantofs
Authorized Users' use of the Easement Rights and will 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. lndemnification. 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. ln 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. lf 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. lf 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.
L Default: Remedies. (a) lf 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
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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 enforce the obligations of Grantee hereunder, whether suit be brought
or not, and whether through courts of originaljurisdiction, as well as in courts of appellate jurisdiction, or
through a bankruptcy court or other legal proceedings.
10. Bindino 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 Confidentialitv. lf 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 reseryes, and subject to Grantee's and Owner's compliance with the terms and
conditions in this paragraph. ln 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. Granto/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 Owne/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 . ln 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. ln 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 or against 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
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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; Counteroarts. 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. Controllino Law. This Agreement shall be governed by and construed in accordance with the
laws of the State.
16. Waiver of Jurv 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.
fSiqnature paqes followl
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EXECUTED as of the date first written above.
GRANTOR:
\Mtnessed by:QWEST CORPORATION dba CENTURYLINK QC, a
Colorado corporation, successor in interest to
U S WEST COMMUNICATIONS, INC.,
a Colorado corporation
Name:
STATE OF
COUNTY OF
Theforegoinginstrumentwasacknowledgedbeforemethis-dayof-
2O_, by as
of QWEST CORPORATION dba
CENTURYLINK QC, a Colorado corporation
Witness my hand and otficial seal
(sEAL)
Notary Public
My Commission Expires
By
)
)
)
CenturyLink Exhibit D - ldaho v.02.01 .2013 v. 01.09.2013 Page 31
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EXECUTED as of the date first written above.
GRANTEE:
Wtnessed by:
STATE OF
Name:
Title:
)) ss:
)COUNTY OF
20_., by
Exhibit D
a
The foregoing instrument was acknowledged before me this _ day of
AS
of
a
(sEAL)
Witness my hand and official seal
Notary Public
My Commission Expires:
CenturyLink Exhibit D - ldaho v.02.01 .2013 v.01.09.2013 Page 32
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Exhibit D
CONSENT TO DISCLOSURE
THE UNDERSIGNED,,a ("@f'), whose address
is hereby consents to the terms of the
following paragraphs regarding the agreement described or entitled as
between Qwest Corporation dba CenturyLink QC, formerly U S WEST Communications, lnc.
("CenturyLink") and Owner for the property located at ("Property") that
provides CenturyLink with access to Owne/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. Title to Propertv. 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 Acknowledoments. 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 Confidentialitv. 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
CenturyLink 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. CenturvLink's Waiver of Confidentialitv. CenturyLink 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 CenturyLink's right to redact all dollar amounts set
forth in the Agreement. CenturyLink's 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 Oblioations. CLEC shall use the Agreement exclusively for the following purposes and for no
other purpose whatsoever:
(a) to determine whether CenturyLink 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
CenturyLink Exhibit D - ldaho v.02.01 .2013 v.01.09.2013 Page 33
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Exhibit D
(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 the Agreement to
any CLEC agents or employees engaged in sales, marketing, or product management efforts on behalf
of CLEC.
6. Acknowledoement of Limitation on Waivers. Owner understands that GenturyLink 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 CenturyLink,
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
CenturyLink Exhibit D - ldaho v.02.01.2013 v.01.09.2013 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)
CenturyLink Exhibit D - ldaho v.02.01.2013 v. 01 .09.2013 Page 35
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EXHIBIT E
INTENTIONALLY LEFT BLANK
CenturyLink All States
Page 1
October 4,2004
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EXHIBIT F
SPECIAL REQUEST PROGESS
1. The Special Request Process shall be used for the following requests
1.1 lntentionally Left Blank.
1.2 lntentionally Left Blank.
1.3 Requesting a combination of Unbundled Network Elements that is a combination
not currently offered by CenturyLink 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 CenturyLink is obligated to provide unbundled
access, and;
1.3.2 that is made up of UNEs that are ordinarily combined in the CenturyLink
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 CenturyLink is obligated to provide unbundled access, but for
which CenturyLink 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 will follow the BFR Process set forth in this Agreement. lf it is
determined that a request should have been submitted through the BFR process, CenturyLink
will 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 CenturyLink
form, which is located on CenturyLink's website.
4. CenturyLink shall acknowledge receipt of the Special Request within two (2) business
days of receipt.
5. CenturyLink shall respond with an analysis, including costs and timeframes, within
fifteen (15) business days of receipt of the Special Request. ln the case of UNE Combinations,
the analysis shall include whether the requested combination is a combination of nehryork
elements that are ordinarily combined in the CenturyLink network. lf the request is for a
combination of network elements that are not ordinarily combined in the CenturyLink network,
the analysis shall indicate to CLEC that it should use the BFR process if CLEC elects to pursue
its request.
6. Upon request, CenturyLink shall provide CLEC with CenturyLink's supporting cost data
and/or studies for Unbundled Network Elements that CLEC wishes to order within seven (7)
business days, except where CenturyLink cannot obtain a release from its vendors within seven
(7) business days, in which case CenturyLink will make the data available as soon as
CenturyLink receives the vendor release. Such cost data shall be treated as Confidential
lnformation, if requested by CenturyLink under the non-disclosure sections of this Agreement.
CenturyLink All States August 24,2006 Page 1
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EXHIBIT G
INTENTIONALLY LEFT BLANK
CenturyLink All States October 4,2004 Page 1
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EXHIBIT H
Twelve States
(Excludes MN and WA)
Calculation of the Relative Use Factor (RUF)
Minutes that are CenturvLink's responsibilitv (A):
. All EAS/Local 251(bxs) Minutes of Use (MOU) that CenturyLink sends to CLEC. All CenturyLink Exchange Access MOU that CenturyLink sends to CLEC. EAS/Local251(b)(5) traffic that transits CenturyLink network and is terminated to
CLEC, for which CenturyLink receives compensation from the originating Carrier for
performing the local transiting functiono All lntralSTA transit MOU that CenturyLink sends to CLEC. All |SP-bound and FX MOU that CLEC sends to CenturyLinkr Alljointly Provided Switched Access (unless joint NECA 4 billing percentages have
been filed) that CenturyLink sends to CLEC and that CLEC sends to CenturyLink
. All EAS/Local 251(bxs) MOU that CLEC sends to CenturyLinko All Exchange Access MOU that CLEC sends to CenturyLink. All EAS/Local 251(bxs) traffic that CLEC sends to CenturyLink for termination on
another Carrie/s network. All lntraLATA transit MOU that CLEC sends to CenturyLink
Non- Local Minutes that are CLEC'E responsibilitylCllo All |SP-bound and VNXX MOU that CenturyLink sends to CLECo AIIVNXX MOU that transits CenturyLink network and is terminated to CLEC. AllTollVolP-PSTN MOU that CLEC sends to Centurylink
The mathematica! equation for RUF is as follows:
CenturyLink Responsibility: (A) / (A+B+C) Rounded to nearest whole percentage
CLEC Responsibility: (B +C) / (A+B+C) Rounded to nearest whole percentage
Data used for the calculation will be the average of the most recent three (3) months'
usage determined not to be an anomaly.
Exhibit H - CenturyLink Twelve State Template Version
CenturyLink All States Except Minnesota and Washington
1
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Exhibit I- lndividual Case Basis
1 This Agreement contains references to both ICB rates and ICB intervals. The
purpose of this exhibit is to identify how CLEC's ICB requests - whether they be
for rates or intervals - are processed through and by CenturyLink.
2. ICB Rate lntervals
2.1 For those products and services identified in the Agreement that contain a
provision for ICB rates, CenturyLink will provide CLEC with a written
quote of the ICB rate within twenty (20) business days unless a specific
interval for providing the quote is either contained in the Agreement or
this Exhibit.
2.2 The purpose of this subsection is to identify those circumstances when
the generic twenty (20) business day interval in the aforementioned
subsection to this Exhibit does not apply. ln these specified
circumstances, CenturyLink 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 interval.
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 lntelligent Network (AlN) requests shall
be provided in accord with Section 9.
2.3
Negotiations Template, Exhibit I 9-20-04 Page 1
Upon request, CenturyLink shall provide CLEC with CenturyLink's
supporting cost data and/or cost studies for the Unbundled Network
Element or service that CLEC wishes to order within seven (7) business
days, except where CenturyLink cannot obtain a release from its vendors
within seven (7) business days, in which case CenturyLink will make the
data available as soon as CenturyLink receives the vendor release.
Consistent with the terms and conditions of any applicable vendor
contract or agreement, CenturyLink shall diligently pursue obtaining the
release of cost information as soon as reasonably possible. To the extent
consistent with the terms and obligations of any applicable vendor
contract or agreement, CenturyLink shall request the release of vendor
cost information when CenturyLink communicates with the vendor(s)
when CenturyLink seeks a quote for the costs of the ICB project. Such
cost data shall be treated as confidential information if requested by
CenturyLink under the non-disclosure sections of this Agreement.
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
Exhibit l- lndividual Case Basis
3. ICB Provisioning lntervals
3.1 For those products and services provided pursuant to this Agreement that
contain a provision for ICB interval but do not contain a specific provision
for when the ICB interval shall be provided, the ICB interval shall be
provided within twenty (20) business days of receipt of the order, request
or application.
3.2 For ICB intervals for those products and services that require negotiated
project time lines for installation, such as 214 wire analog loop for more
than twenty-five (25) loops, the CenturyLink representative, authorized to
commit to intervals, shall meet with CLEC's representative within seven
(7) business days of receipt of the request from CLEC to negotiate
intervals.
Negotiations Template, Exhibit I 9-20-44 Page 2
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Exhibit J
INTENTIONALLY LEFT BLANK
Negotiations Template Exhibit J (INTENTIONALLY LEFT BLANK)Page I
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EXHIBIT K - Redesigned PAP
CENTURYLINK QG,s PERFORMANCE ASSURANCE PLAN
1.0 lntroduction
1.1 As set forth in this Agreement, Qwest Corporation dba CenturyLink QC
("CenturyLink QC") and CLEC voluntarily agree to the terms of the following Performance
Assurance Plan ("PAP" or "Plan"), prepared in conjunction with Qwest's application for
approval under Section 271 ol the Telecommunications Act of 1996 (the "Act")to offer in-
region, interLATA service and as subsequently modified in accordance with the orders
issued by the state commission ("Commission")with statutory authority over
telecommunications.
2.0 Plan Structure
2.1 The PAP is a remedy payment and performance-monitoring plan. CenturyLink QC
shall be subject to self-executing payments to CLEC for submeasurements, that are
designated as "payment eligible" in Section 3.0 and that have parity or benchmark
standards, as identified in lnterconnection Agreement Exhibit B (Performance lndicator
Definitions or "PlDs"), which generate payments (described in Sections 7.0 and 8.0). For
measurements and submeasurements (PIDs) that are designated as "diagnostid' in
Section 3.0, CenturyLink QC will report their performance results for monitoring purposes.
3.0 Performance Measurements
3.1 Payment-Eligible PlDs and Submeasurements. The performance measurements
and submeasurements that are eligible to trigger payments under the PAP and are thus
subject to the PAP payment mechanisms are the following:
3.1.1 Payment-Eligible PlDs:. PO-S Firm Order Confirmations (FOCs) on Time. OP-3 lnstallation Commitments Met. OP4 lnstallation lnterval. OP-S New Service lnstallation Quality. OP-8 Number Portability Timeliness. MR-S All Troubles Cleared wlin 4 Hourso MR6 Mean Time to Restore. MR-7 Repair Repeat Report Rate. MR-8 Trouble Rate
3.1.2 Payment-Eligible Submeasurements (Products or Services):o EEL DS1o LIS Trunkso 2-Wire Non-Loaded Loops. Analog Loops. DS1 Loops. Sub-Loops
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EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
o xDSLi Loopso ADSL Loops. Residential Resaleo LNP
3.2 Performance Standards. There are two types of standards, "parity" and
"benchmark."
3.2.1 Parity standards apply statistical and other related calculations defined in
Sections 4.0 through 8.0 to determine whether reported performance results meet
parity standards or trigger payments.
3.2.2 Benchmark standards do not apply statistical methodologies, but instead
apply a "stare and compare" approach and other calculations defined in Sections 4.0
through 8.0 to determine whether the reported performance results meet
benchmarks or trigger payments.
3.2.3 Where applicable elsewhere in the PAP, this provision modifies other
provisions and operates as follows: For any benchmark or non-interval parity
performance sub-measure, CenturyLink QC shall apply one allowable miss to a sub-
measure disaggregation that othenuise would require 1OO% performance before the
performance is considered as non-conforming to standard (1) if at the CLEC-
aggregate level, the performance standard is met or (2) where the ClEC-aggregate
performance must be 100% to meet the standard, the ClEC-aggregate performance
is conforming after applying one allowable miss at that level.
3.3
Gateway Availability - LSR (includes former GA-8)
Gateway Availability - Repair (includes former GA-6)
Gateway Availability - ASR
Timely Outage Resolution - Software
Pre-Order / Order Response Times
Electronic Flow Through
LSR Rejection Notice lnterval
Timely Jeopardy Notices
lnterval for Orders Delayed Past Due Date
LNP Trouble Reports Cleared
Repair Appointments Met
lnvoices Delivered within 10 days
Billing Accuracy - Adjustments for Errors
Billing Completeness
Time to Update Databases - LIDB
Time to Update Databases - Listings
Trunk Blocking
Diagnostic PlDs.. GA-1. GA-3. GA4. GA-7. PO-1. PO-2. PO-3o PO-9o OP-15o MR-11o MR-9. Bl2o Bl-3o Bl4o DB-1bo DB-1co Nl-1
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EXHIBIT K- Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
a CP-2 Collocations Completed
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EXHIBIT K- Redesigned PAP
CENTURYLINK QG,s PERFORMANCE ASSURANCE PLAN
4.0 Statistical Methodology
4.1 For all submeasurements with benchmark standards ("benchmark
submeasurements"), as designated in the PlDs, the determination of Centurylink QC's
conformance with Plan and PID standards will involve comparing performance levels
reported for submeasurements against benchmarks established in the PlDs on a "stare-
and-compare" basis (i.e., with no additional statistical methodology applied).
4.2 For all submeasurements with parity standards ("parity submeasurements"), as
designated in the PlDs, the determination of CenturyLink QC's conformance with Plan and
PID standards will involve comparing statistical z-scores associated with performance
levels reported for submeasurements against statistical critical values as defined in Section
5.0. The calculation of z-scores will be based on a statistical test, called the "modified z-
test," as defined in Section 4.4 below, to determine whether a parity condition exists
between the results for CenturyLink QC and for CLEC.
4.3 For the purpose of this Section, the CenturyLink QC results will be the CenturyLink
QC monthly retail results as specified in the PlDs.
4.4 The modified z-test shall be applicable if the CLEC sample size is greater than 30
for a given submeasurement. The formula for determining parity using the z-test is:
z=DIFF/oorrr
Vy'here,
DIFF = McenturyLink oc - Mclgc
McenturyLinkoc = CenturyLink QC average or proportion
MclEc = CLEC average or proportion
oDIFF = Squafe fOOt [o2Centurylinkoc (1i fl cLec + 1l n CenturyLinkaC)]
o2centurylinkoc = Calculated variance for CenturyLink QC
ncenturyLink qs = nUrnber of observations or samples used in Centurylink QC
submeasurement
ocrEc = number of observations or samples used in CLEC submeasurement
ln calculating the difference between CenturyLink QC and CLEC performance, the above
formula applies when a larger CenturyLink QC value indicates a better level of
performance. ln cases where a smaller CenturyLink QC value indicates a higher level of
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EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
performance, the order is reversed, i.e., MsLgc - McenturyLinkec
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EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
4.5 For parity submeasurements for which the number of data points is less than or
equal to 30, CenturyLink QC will apply a permutation test to determine statistical
significance. For such parity submeasurements reported as percentages, where the
number of data points is less than or equal to 30, CenturyLink QC will apply an exact
proportions test (a form of permutation testing that applies to metrics reported as
percentages).
The permutation test for metrics reported as intervals will be applied to calculate the z
statistic using the following logic or an equivalent approach that would yield the same
result:. Calculate the z statistic for the actual arrangement of the data.o Pool and mix the CLEC and CenturyLink QC data sets.. Perform the following 1000 times:
Randomly subdivide the pooled data sets into two pools, one the same size
as the original CLEC data set (ncr_Ec) and one reflecting the remaining data
points, which is equal to the size of the original CenturyLink QC data set or
l''lCenturylink QC.
Compute and store the ztest score (Zs)for this sample.. Count the number of times the z statistic for a permutation of the randomly
subdivided data is greater than the actual z statistic.o Compute the fraction (p-value) of permutations for which the z statistic for the
rearranged data is greater than the z statistic for the actual samples.
The exact proportions permutation test for metrics reported as percentages will be applied
to calculate the z statistic using the following logic or an equivalent approach that would
yield the same result:o Calculate the combined (CLEC and Retail) percentage result for the metric.. ldentify the possible configurations of Retail metric results and CLEC metric
results that could exist in the actual data and yield more extreme differences
between CLEC and Retail results, while still yielding the same combined CLEC-
Retail result.o For each such configuration of results that yields a more extreme difference than
seen in the actual reported results, calculate the probability of observing that
more-extreme result, given the actual combined result.. Calculate the sum of the probabilities of the more-extreme data configurations.
This sum constitutes the p-value that represents the total probability of observing
a more extreme difference between CLEC and Retail results than seen in the
actualdata.
lf the resulting p-value is greater than a (alpha), the significance level of the test, the
hypothesis of no difference is not rejected, and the test is passed. Alpha = 0.05, except as
specified elsewhere herein. For individual month testing for performance measurements
involving LIS trunks and DS-1s that are Unbundled Loops (performance measurements:
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EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
OP-3D/E, OPAD|E, OP-s, MR-SA/B, MR-7D/E, and MR-8)with sample sizes of 1-10,
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EXHIBIT K - Redesigned PAP
GENTURYLINK QC's PERFORMANCE ASSURANCE PLAN
alpha = 0 .15. When submeasurements disaggregate to zone 1 and zone2, the CLEC
volumes in both zones shall be combined for purposes of statistical testing.
5.0 Critical Z-Value
5.1 The following table shall be used to determine the critical z-value for any
submeasurements when the CLEC sample size is greater than 30. !t is based on the
monthly business volume of the CLEC for the particular performance submeasurements for
which statisticaltesting is being performed.
TABLE 1: CRITICAL Z-VALUE
CLEC volume
(Sample size)CriticalZ-Value
31-150 1.645
151-300 2.O
301-600 2.7
601-3000 3.7
3001 and above 4.3
5.2 When the CLEC sample size is greater than 30, CenturyLink QC's performance to a
CLEC for a relevant parity submeasurement will be considered to be "in parity" in a month
when the z-score calculated pursuant to Section 4.4 is equal to or less than the appropriate
critical z-value identified in Section 5.1, Table 1, except as allowed in Section 3.2.3.
6.0 Non-Conformance Definitions and Payment
6.1 Each month's reported performance results for payment-eligible submeasurements
will be evaluated to determine whether established standards (benchmark or parity) have
not been met.
6.2 Based on the evaluation completed pursuant to Section 6.1 above for the current
and prior two months, levels of non-conformance will be determined according to the
following definitions, for a given submeasurement:. Level 3 Non-Conformance exists for any month in which CenturyLink QC fails to
meet the established standard to the extent defined for a Level 3 non-
conformance in Section 6.3, Table 2, below.o Level 2 Non-Conformance exists for any month, in which a Level 3 non-
conformance is not found, that fails to meet the established standard for two
consecutive months, each to the extent defined for Level 2 in Section 6.3, Table
2, below.o Level 1 Non-Conformance exists for any month, in which a Level 2 or Level 3
non-conformance is not found, that fails to meet the established standard for
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EXHIBIT K- Redesigned PAP
GENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
three or more consecutive months, each to the extent defined for Level 1 or
Level 2 in Section 6.3, Table 2, below.
6.3 Levels 1,2, and 3 non-conformance are determined according to the difference
("Dp" or "Ds", as defined in Table 2 and as calculated in 6.3.1 below) between the reported
submeasurement performance level provided to CLEC and the established standard.
TABLE 2
PARlry STANDARDS
Difference from Standard Level
0<lDPl <0.5 Level 1
0.5 <= lD"l . 2 Level 2
lDpl ,= 2 Level 3
BENCH MARKS as PROPORTIONS
Difference from Standard Level
0<DB<5 Level 1
5<-Ds<15 Level 2
De >- 15 Level 3
BENCHMARKS as MEANS oT AVERAGES
Difference from Standard Level
0<De<25 Level 1
25<=D6<50 Level 2
De >= 50 Level 3
6.3.1 The differeflce, "Dp" o[ "Ds," is calculated as follows for a given
submeasurement:
For PlDs with Parity Standards, and given Zr 6ne z-score as calculated per
Section 4.0):
Dp R-C
s
where R is CenturyLink QC's performance level (mean, proportion, or rate)
provided for the retail comparative product or service; C is CenturyLink QC's
performance level delivered to CLEC; and S is the calculated statistical
standard deviation corresponding to Zr calculated for this comparison (and S
is the same €ls "o6gn1uryLink ec," as found in Section 4.4 above). Thus, Dp
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EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
reflects the difference between CenturyLink QC and CLEC performance
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EXHIBIT K - Redesigned PAP
GENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
levels, in terms of the number of standard deviations (expressed in the same
units of measure - i.e., time intervals or percentage points - as the
performance results used in the above formula) that this difference
represents.
This calculation assumes that higher values of R and C mean better service
("higher is bettei'). For submeasurements where higher values mean worse
service, the subtraction in the numerator is reversed. ln other words, where
higher is better, the numerator should be positive when the performance
delivered to CLEC is worse than the performance provided for the retail
comparative.
For PIDs with Benchmark Standards:
Ds C-B
B
where C is CenturyLink QC's performance level (mean, proportion, or rate)
delivered to CLEC, and B is the benchmark value established for the
submeasurement in the PlDs.
This calculation assumes that higher values of C and B mean better service.
For submeasurements where higher values mean worse service, the
subtraction in the numerator is reversed. ln other words, the numerator
should be positive when the performance levels delivered to CLEC are worse
than the benchmark. Thus, Ds reflects the difference between CenturyLink
QC and CLEC performance levels, in terms of the number of benchmark
increments (expressed in the same units of measure - i.e., time intervals or
percentage points - as the performance results used in the above formula)
that this difference represents.
6.3.2 The allowances set forth in Section 3.2.3 shall apply, such that
submeasurements that qualify for those allowances shall be considered to be
conforming to PAP and PID standards.
6.5 For all parity submeasurements with sample sizes less than or equal to 30,
CenturyLink QC shall calculate and report payments based upon the permutation test or
the exact proportions test as set out in Section 4.5.
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. 10.'t - January 1 ,2014 Page 1 1
6.4 Payments to CLEC are triggered only when the reported submeasurement
performance levelfor the month being evaluated has failed to meet its established
benchmark or parity standard and is non-conforming at one of the three levels defined in
Section 6.2 above. The calculation methodology for payments thus triggered is set forth in
Section 7.0 below.
Docu Sign Envelope I D: 79 86D7C7-3 E09-41 89-958D-3D7A388A3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. 10.1 - January 1 ,2014 Page 12
DocuSign Envelope lD: 79BGD7C7-3E09-41 89-9580-3D7A388A3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QG,s PERFORMANCE ASSURANCE PLAN
6.6 Centurylink QC's performance to a CLEC for a given submeasurement will be
considered to be conforming with PAP and PID standards in any month where the CLEC
performance result is "bette/'than or equal to the benchmark or retail comparative
performance result as defined in Sections 6.1 , after applying allowances, if any, under
3.2.3.
6.7 Where the CLEC performance is "worse" than the retail comparative performance
result, parity submeasurements shall rely on the statistical methodology set forth in
Sections 4.0 and 5.0 of this Plan, to determine whether the comparison of CLEC and retail
comparative constitutes statistical parity.
7.O Calculation of Payments to CLEC
7.1 Payments to CLEC under the PAP are to be made on a per-occurrence basis. The
formulas set forth below shall be used to determine the total number of occurrences upon
which CenturyLink QC is required to make payments to CLEC.
For percentage submeasurements, the PAP uses the following formula
CLEC Occurrences = Absolute value of (CLEC result - standard result)
multiplied by CLEC volume.
For interval submeasurements, the PAP uses the following formula:
CLEC Occurrences = Absolute value of ((CLEC result - standard result)
divided by the standard result), which is then multiplied by CLEC volume.
7.1.1 Standard Result Applicable from January 1,2014 fonruard
7.1.1.1 For a benchmark submeasurement, the "standard result" used in
the above formulas is the benchmark set forth in the PlDs.
7.1.1.2 For a parity submeasurement, the "standard result" is a calculation
of the performance result (average, mean, or percentage, as applicable) that
would yield the critical value set forth in Section 5.0.
7.1.2 Standard Result Applicable from July 1,2013 through December 31,2013
(after which this section 7.1 .2 expires and may be removed from PAP): For the
above formulas, for payment-eligible parity submeasurements, the "standard result'
used in the above formulas is the average of the prior six months' retail performance
adjusted by the relevant variance factor in Appendix A, Section A6.1, Table A-2. For
submeasurements with a benchmark, the standard is the benchmark.
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. 10.1 - January 1 ,2014 Page 13
DocuSign Envelope I D : 79BOD7C7-3E09-41 89-958D-3D7A388A3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
7.2 For interval submeasurements, the number of occurrences shall not exceed the
CLEC volume for the particular submeasurement.
7.3 lf CenturyLink QC's performance levels delivered to CLEC falls into one of the non-
conformance levels defined in Section 6.0 for a payment-eligible submeasurement,
CenturyLink QC shall make a per occurrence payment to CLEC as specified in Table 3
below, subject to further modification by escalation payment increments as set forth in
Section 8.0. That payment shall be calculated according to the following formula:
Payment = (Applicable per-occurrence payment amount from Table 3 or from Table
4 if applicable) x (number of CLEC Occurrences)
TABLE 3: BASE PER OCCURRENCE PAYMENT INCREMENTS
Non-Conformance
Level
Per-Occurrence Payment lncrements
Colorado & Minnesota Other States
Level 1 $225.00 $150.00
Level 2 $337.50 $225.00
Level 3 $450.00 $300.00
8.0 Calculation of Escalation Payments
8.1 Centurylink QC's non-conforming performancefor payment-eligible
submeasurements shall be subject to escalating per occurrence payments pursuant to
Table 4 below.
8.2 Payments for continuous months of non-conforming performance (as defined in
Section 6.0) for a particular submeasurement will be made on a per occurrence basis (as
defined in Section 7.0) using the dollar amounts specified in Table 4. The dollar amounts
escalate depending upon the number of consecutive months for which Centurylink QC has
had non-conforming performance. The dollar amounts specified in Table 4 indicate the
total amounts applicable per occurrence for each month with the base or "Month 1" per-
occurrence payment increments being those specified in Table 3 of SectionT.O. Payment
escalation is capped at Month 12, such that, for continuing non-conformance in Months 13
and beyond, consecutively, the payment amount remains at the level that would apply for
Month 12 in accordance with Table 4.
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. 10.1 - January 1 , 2014 Page 14
DocuSign Enve lope I D: 7986D7C7.3 E09-41 89-9580-307A388A3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
8.2.1 The escalation of payments for consecutive months of non-conforming
service will be matched month for month with de-escalation of payments for every
month of conforming service. For example, if CenturyLink QC has four consecutive
months at any of the three non-conformance levels, it will make payments that
escalate from Month 1 to Month 4 as shown in Table 4. lf, in the next month (Month
5), service meets the standard, CenturyLink QC makes no payment. A payment
"indicato/' de-escalates down from Month 4 to Month 3. lf CenturyLink QC service
is non-conforming in the following month (Month 6), it will make payment at the
Month 3 level of Table 4, because that is where the payment "indicatof' moved in
Month 5. lf CenturyLink QC misses again the following month (Month 7), it will make
payments at the Month 4 level. lf CenturyLink QC's performance then meets the
applicable standard for Months 8, 9 and 10, the payment level will de-escalate to the
Month 1 level. The non-conformance level of the current month's performance,
coupled with the escalation month number, determines the payment increment to be
used from Table 4.
TABLE 4: PER-OCCURRENCE PAYMENTS TO CLEC--WITH ESCALATION
Per
Occurrence Consecutive Months of Non-conforming Performance at Any Leve!
Measurement
Group Month 1 Month 2 Month 3 Month 4 Each following month
after Month 4 add
Golorado and Minnesota
Level 'l $225.00 $250.00 $500.00 $600.00 $100.00
Level 2 $337.s0 $362.50 $612.s0 $712.s0 $100.00
Level 3 $4s0.00 $475.00 $72s.00 $82s.00 $100.00
Level 1 $150.00 $175.00 $350.00 $4s0.00 $100.00
Level 2 $225.00 $250.00 $s00.00 $600.00 $100.00
Level 3 $300.00 $325.00 $650.00 $7s0.00 $100.00
8.3 All of the payments (100%) shall be made only to those CLECs that have opted into
the PAP.
9.0 The Special Fund ApoticaOte ontv in
PAP Special Fundl
9.1 Earlier instances of the PAP established the Special Fund, which contained
payments generated by the former Tier 2 provisions of the PAP. CenturyLink QC shall keep
the remaining balance of Special Fund moneys in an interest-accruing bank account.
CenturyLink QC lCA, Amended Exhiblt K Performance Assurance Plan Ver. 10.1 - January 1 ,2014 Page 15
DocuSign Envelope I D: 79BOD7C7-3E09-41 89-958D-3D7A388A3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
9.2 Potential uses for this fund include: paying a technical advisor for the Commission's
PAP Revision process; and, if the Commission so decides, paying for additional audits of
CenturyLink QC's performance measurement and reporting, and paying other
adm in istrative expenses.
9.3 Upon implementation of the PAP, the Commission shall decide how to use the
remainder of this fund. The uses shall be competitively neutral efforts in the
telecommunications field that do not benefit CenturyLink QC directly.
10.0 Cap on Total Annual Payments
10.1 There shall be an annual cap on payments for performance under the PAP as
follows:: t'J=,""::" $?5#,11',?1,o Idaho $40 milliono lowa $36 million: il:ll::e $ii pli:r': N:H.["][?"3?3iliiii:lo South Dakota $10 milliono Utah $52 milliono Oregon $48 million: ffi:il[1"'8l3iliiiff
10.2 The following shall not count toward the annual cap: any penalties imposed by the
Commission; any penalties imposed directly by the PAP for failure to report, failure to
report timely, or failure to report accurately; any liquidated damages under another
lnterconnection Agreement; any interest payments; and any damages in an associated
action.
10.3 lf CenturyLink QC payments equal or exceed the annual cap for two years in a row
or equal or exceed 113 of the annual cap in a combination of two consecutive months, the
Commission shall have the authority to open a proceeding to request CenturyLink QC to
explain the non-conforming performance and show that it did not result from CenturyLink
QC's failure to avoid reasonably foreseeable risks.
11.0 Timing and Form of Payment
11.1 All payments to CLEC shall be made on the last business day of the month following
the due date of the performance measurement report for the month for which payment is
being made.
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. 10.1 - January 'l ,2014 Page 16
DocuSign Envelope I D: 79B6D7C7-3E09-41 89-958D-3D7A388A3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
11 .1.1 Notwithstanding Section 11.1 , for Unbundled DS1-Capable Loops and EELs-
DS1, CenturyLink QC shall compare for payment purposes the MR-8 calculated
payment amount with the sum of the OP-S and MR-7 calculated payment amounts,
for the same performance data month, to determine whether the MR-8 payment
amount or the combined OP-s and MR-7 payment amount is the larger amount. ln
the event the two amounts are the same, the MR-8 payment amount will be
considered to be the larger payment amount. Based on determination of the larger
payment amount, CenturyLink QC shall pay either the MR-8 payment amount or
both the OP-s and MR-7 payment amounts. However, since the performance
results for OP-S and MR-7 are available one month later than the MR-8 performance
results for the same performance data month, the applicable payments shall be
made on the last business day of the month following the due date of the
performance report for OP-S and MR-7, except as allowed in Section 11.5.
11.2 All payments shall be by credits to CLEC bills. CenturyLink QC shall be allowed,
after obtaining the individual agreement of CLEC, to make such payments through the use
of electronic fund transfers to CLEC. However, once CenturyLink QC and CLEC agree on a
method of payment (e.g., wire transfer or check), CenturyLink QC shall not change the
method of payment without the permission of CLEC. CenturyLink QC shall be able to offset
payments to CLEC with a bill credit applied against any nondisputed charges that are
more than 90 days past due.
11.3 CenturyLink QC shall provide monthly payment information at the same time that the
performance reports are due. Monthly payment information shall include the payment
calculations.
1 1 .3.1 Notwithstanding Section 1 1 .3, for Unbundled DS1-Capable Loops and EELs-
DS1, CenturyLink QC shall provide the MR-8 monthly payment information at the
same time that the payment information for OP-s and MR-7 for the same
performance data month is due, to allow for the applicable payment determinations
for MR-8, OP-s, and MR-7 as stated in Section 11.1.1 above, except as allowed in
Section 11.5.
11.4 ln the case of late payments and underpayments, CenturyLink QC shall pay interest
to CLEC calculated at the current Commission-prescribed customer deposit rate on the
amount in question $.e., as of May 24, 2013, for Arizona, Colorado, ldaho, Minnesota, New Mexico, North
Dakota, Oregon, Washington, and Wyoming, or, in the absence of a current Commission-
prescribed customer deposit rate 1i.e., as of May 24, 2013 for lowa, Montana, Nebraska, South
Dakota, and Utah), at the U.S. Treasury rate in place at the beginning of the current calendar
year. Should CenturyLink QC demonstrate to the relevant CLEC that it overpaid, it shall be
able to deduct from future payments in any state in which CLEC has opted into a
CenturyLink QC PAP any past overpayment, along with interest calculated at the
aforementioned rate for the amount in question.
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. 10.1 - January 1 ,2014 Page 17
DocuSig n Enve lope I D: 79BO D7C7-3E09-4'l 89-958 D-3D7A388A3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QG,s PERFORMANCE ASSURANCE PLAN
11.5 CenturyLink QC may petition the Commission for credits to PAP payments for the
recovery of prior PAP payments made, which have been determined to be unnecessary
and unjustified by the Commission. Any such request shall only seek recovery of
payments made within the prior twelve consecutive months from the date of the petition.
12.O Reporting
12.1 CenturyLink QC will provide the Commission and CLECs opting into the PAP with a
monthly report of CenturyLink QC's performance for the payment-eligible PlDs. These
reports shall contain any carry-over payment amounts and calculations as well as the
current month's information. Centurylink QC will collect, analyze, and report performance
data for these PID measurements. CenturyLink QC will store such data in easy-to-access
electronic form for one year after they have been produced and for an additional two years
in an archived format. Any failure to follow these requirements shall be treated as a
violation of the PAP integrity requirements discussed in Section 16.4.
12.2 On or before the last business day of each month following the relevant performance
or payment period, CenturyLink QC shall post the individual CLEC monthly performance
(for payment-eligible and diagnostic PlDs) and payment reports (for payment-eligible PlDs)
to a secure part of the PAP website and the aggregate state performance and payment
reports to the public part of the PAP website. ln addition, CenturyLink QC must officially file
with the Commission, one electronic copy in an Excelformat, of all CLEC individual
monthly reports under seal and one electronic copy in an Excel format of the state
aggregate report in the public file. !f CLEC requests hard copies of its individual reports,
CenturyLink QC should make those hard copies available at no cost to CLEC.
12.3 ln the case of late reporting, CenturyLink QC shall make a payment to the state
generalfund or the equivalent (as directed by the Commission) of $500 per calendar day
for each day the report is late. This amount represents the total payment for missing a
reporting deadline, rather than a payment per report and does not count against the cap
described in Section 10.1. This payment shall begin on the report due date and continue
until the report is actually distributed.
12.4 !f any inaccurate reporting is revealed by an audit, CenturyLink QC shall make any
payments due to the CLEC as a result of the inaccurate reporting plus an additional
payment of 25o/o of the amount due as a result of the underpayment.
12.5 ln addition to the Section 12.4 payment, if as a result of an inaccurate report, any bill
over $25,000 is adjusted upwards by 25o/o or more, CenturyLink QC shall also incur a late
reporting payment as set forth in Section 12.3. This payment shall begin on the report due
date and shall continue until the day the discrepancy is resolved.
12.6 lf a discrepancy is revealed solely by CenturyLink QC, and CenturyLink QC self-
corrects the discrepancy prior to the monthly payment being due, no additional liability shall
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. 10.1 - January 1 ,20'14 Page 18
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QG,s PERFORMANCE ASSURANGE PLAN
be assessed. lf CenturyLink QC self-corrects the erroneous reports before an audit on the
relevant measurements in question begins but after the relevant payment is made, it shall
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. 10.1 - January 1 ,2014 Page 19
DocuSign Enve lope I D : 79BGD7C7-3 E09-41 89-958D-3D74388A3986
EXHIBIT K- Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
be responsible for paying the additional amount owed due to the non-conforming
performance as well as interest on this amount at the rate set forth in Section 11.4.
12.7 If a discrepancy is revealed by a CenturyLink QC-CLEC data reconciliation process
or any other inquiry, CenturyLink QC shall pay the additional amount owed as well as
interest on any late additional amount at the rate set forth in Section 11.4.
12.8 lf a CenturyLink QC-CLEC data reconciliation process forces CenturyLink QC to
adjust its payment upwards three months in a row, CenturyLink QC must pay the additional
amount and an additional penalty to CLEC as if the discrepancy had been revealed by an
audit (see Section 13.7) for that third month and for each consecutive month that the CLEC
reveals additional payments via data reconciliation.
12.9 lf a Centurylink QC-CLEC data reconciliation process forces CenturyLink QC to
adjust its payment upward five times in a calendar year, CenturyLink QC must pay the
additional amount and an additional penalty to CLEC as if the discrepancy had been
revealed by an audit for that fifth month and for all other months in that calendar year that
the CLEC reveals additional payments via data reconciliation.
13.0 Audits of Performance Results
13.1 CenturyLink QC shall carefully document any and all changes that CenturyLink QC
makes to the Performance Measurement and Reporting System. A summary of this
change log shall be displayed on a public website dedicated to PAPs. Details shall be
made available in a timely manner upon request. The Performance Measurement and
Reporting System is defined to include at least: elements of CenturyLink QC's Regulatory
Reporting System that constitute the data collection programs (i.e., the software code used
by Centurylink QC to determine which data fields are used and how they are used), the
underlying data extracted by the data collection programs and data reference tables (e.9.,
USOC tables, wire center tables, efc., used in the calculation of measurements), the data
staging programs (programming code used to organize and consolidate the data), the
calculation programming (the code used to implement the formula defined for a
measurement), and the report generation programs (including the report format and report
file creation). This change log shall contain, at a minimum, a detailed description of the
change (in plain English); the effects of the change, the reason for the change, the dates of
notification and of implementation, and whether the change received Commission approval.
13.2 CenturyLink QC shall be allowed to change management processes that improve
accuracy or that improve efficiency without sacrificing accuracy of submeasurement
results. These changes are at CenturyLink QC's discretion, but also may be subject to
other requirements, as applicable, that address change management in the Interconnection
Agreement. Omitted or inaccurate changes shall result in Centurylink QC being required
to pay a $2,500 fine, plus interest at the rate set forth in Section 11.4, accrued from the
time the change took effect. The payment of this fine shall go to the state generalfund or
equivalent (as directed by the Commission), and such payment does not count against the
annual cap described in Section 10.1.
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. '10.1 - January 1 ,2014 Page 20
DocuSig n Envelo pe I D: 79B6D7C7-3E09-41 89-958D-3D7A388A3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QG,s PERFORMANCE ASSURANCE PLAN
When making any changes to the Performance Measurement and Reporting System
in a manner whereby the relevant data cannot be reconstructed under the prior approach,
CenturyLink QC shall record the change to the change log and notify CLECs that have
interconnection agreements opting into the PAP.
13.3 As part of the data reconciliation process (see Section 13.4 below), CLEC shall have
the right to request access to the raw, excluded data and business rules or other basis
relied upon by CenturyLink QC to exclude the data from the most recent month's report.
The records and data must be turned over, in a mutually-agreeable format within two
weeks of the request.
13.4 CLEC may request a mini-audit of the performance measurement results covering
CenturyLink QC's performance to CLEC for any payment-eligible and diagnostic
submeasurements. However, a CLEC will not be allowed to commence such an audit
unless and until (1) CLEC has requested access to the raw data and business rules and
attempted to meet with CenturyLink QC to attempt data reconciliation for any discrepancies
by presenting its own version of the data calculation and comparing it to CenturyLink QC's
to demonstrate the areas in which CenturyLink QC allegedly erred, and (2) CenturyLink
QC and CLEC are unable to reach agreement about any alleged discrepancy through the
Centurylink QC-CLEC data reconciliation process. CenturyLink QC must provide the
necessary expertise and work in good faith to attempt to answer CLEC concerns.
CenturyLink QC's experts must be available for requested meetings to take place within 10
business days of the CLEC request, but CenturyLink QC may attempt to resolve the issue
over the phone or via email before holding a face-to-face meeting.
13.5 Upon CLEC request, data files of the CLEC raw data, or any subset thereof, and
business rules or other basis used to generate the reports as part of the data reconciliation
process will be transmitted, without charge, to CLEC, within two weeks of the request, in a
mutually acceptable format, protocol, and transmission medium.
13.6 The scope of the mini-audit allowed under this PAP is limited to the relevant
payment-eligible and diagnostic submeasurements that were the subject of and determined
to be suspect, through the CenturyLink QC-CLEC data reconciliation process.
13.7 The mini-audit shall be conducted by a qualified independent Auditor (i.e., an auditor
that has experience with multiple, prior performance measurement audits in the
telecommunications industry) selected by CenturyLink QC and agreed upon by CLEC.
CLEC shall pay the Auditods fees and expenses, and CLEC and CenturyLink QC shall
bear their own costs. lf a mini-audit identifies a non-conformance that materially affects the
results (material being defined as a deficiency that requires an additional payment of at
least 10% more than the total amount paid on the submeasurements examined by the mini-
audit) by Centurylink QC, CenturyLink QC shall pay the Auditor's fees and expenses. ln
addition, CenturyLink QC shall resolve the identified problems and shall pay any applicable
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. 10.1 - January 1 ,2014 Page 21
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
payments under the late payment provisions. CenturyLink QC shall also pay other CLECs
any appropriate payments and penalties based on problems uncovered in the mini-audit. lf
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. 10.1 - January 1 ,2014 Page 22
DocuSig n Enve lope I D : 7986D7C7-3E09-41 89-958D-3D7A388A3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
the Auditor does not identify any non-conformance, CLEC shall not be allowed to request
another mini-audit during the six months after the initial mini-audit request; however, CLEC
is nevertheless permitted to request CenturyLink QC-CLEC data reconciliation during that
time.
13.8 lf CLEC proves to the Commission via the dispute resolution process that
CenturyLink QC did not work in good faith to resolve the issues prior to the initiation of a
mini-audit, the Commission can shift the Auditor's fees and expenses to CenturyLink QC,
and the six-month moratorium on mini-audits shall then be waived.
13.9 [Applicable to Colorado, lowa, and Wyoming only, to the extent the Special Fund
has a sufficient remaining balancel The Commission reserves the right to choose to
conduct an audit itself, with the assistance of an outside Auditor if it chooses. Such an audit
shall be paid for through the Special Fund. lf the audit reveals any material non-
conformance (as defined above) in Centurylink QC's performance reporting, CenturyLink
QC shall reimburse the costs of the audit and, where appropriate, shall make applicable
payments to CLECs or Special Fund as described above.
14,O Waiver of Payments
14.1 Centurylink QC may seek a waiver of the obligation to make payments pursuant to
this PAP by seeking an exception on any of the following grounds:
(1) Force majeure, as defined in SGAT Section 5.7 (as to benchmark standards
and parity submeasurements).
(2) A work stoppage (as to benchmark standards and parity submeasurements).
(3) An act or omission by CLEC that is in bad faith and designed to "game" the
payment process; or
(4) A materialfailure by CLEC to follow the applicable business rules.
14.2 Such waiver will be sought by Centurylink QC by petitioning the Commission and
providing notice to all CLECs operating in the state.
14.2.1 Prior to petitioning the Commission for a waiver, CenturyLink QC shall
provide notice to all affected CLECs and Commission Staff of its intent to seek such
waiver.
14.2.2 Within ten days of such notice, CLEC(s) must respond and indicate whether it
opposes such waiver request, and if it does oppose, provide a general statement of
the basis for such opposition. Within twenty days of such notice, Commission Staff
must respond and indicate whether it opposes such waiver request, and if it does
oppose, provide a general statement of the basis for such opposition. lf CLEC
opposes such request, prior to seeking Commission approval, CenturyLink QC and
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. 10.1 - January 'l ,2014 Page 23
DocuSign Envelope lD: 7986D7C7-3E09-41 89-958D-3D7A388A3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
CLEC will use the dispute resolution process set forth in Section 16.0 as the
procedure for resolving the issues.
14.2.3 After receipt of the responses and use of the dispute resolution process, if
necessary, under Section 14.2.2, CenturyLink QC may file a petition with the
Commission requesting a waiver. Centurylink QC may indicate in its petition its
understanding of the extent of opposition to its request based on the responses
provided under Section 14.2.2 and/or the outcome of the dispute resolution process.
Any waiver request must contain an explanation of the circumstances that justify the
waiver, and any and all relevant documentation relied upon to support the request.
To establish that the circumstances warrant granting of a requested waiver,
Centurylink QC must show the existence of those circumstances by a
preponderance of the evidence. For any such action, Centurylink QC shall be
required to pay the disputed credits or place the disputed amount of money into an
interest-bearing escrow account untilthe matter is resolved.
15.0 Limitations
15.1 CenturyLink QC's agreement to implement these enforcement terms, and
specifically its agreement to make any payments hereunder, will not be considered as an
admission against interest or an admission of liability in any legal, regulatory, or other
proceeding relating in whole or in part to the same performance. CLEC may not use (1)
the existence of this enforcement plan or (2) CenturyLink QC's current, former Tier 1, or
former Tier 2 payments as evidence that CenturyLink QC has discriminated in the provision
of any facilities or services under Sections 251 or 252 of the Act or has violated any state
or federal law or regulation. CenturyLink QC's conduct underlying its performance
measures, however, is not made inadmissible by this SGAT term. By accepting this
performance remedy plan, CLEC agrees that CenturyLink QC's performance with respect
to this remedy plan may not be used as an admission of liability or culpability for a violation
of any state or federal law or regulation. (Nothing herein is intended to preclude
CenturyLink QC from introducing evidence of any payments under these provisions for the
purpose of precluding additional payments or offsetting any payments against any other
damages or payments a CLEC might recover.) The terms of this paragraph do not apply to
any proceeding before the Commission or the FCC to determine whether CenturyLink QC
has met, or continues to meet, the requirements of Section 271 of the Act.
15.2 This PAP contains a comprehensive set of performance submeasurements,
statistical methodologies, and payment mechanisms that are designed to function together,
and only together, as an integrated whole. To elect the PAP, CLEC must adopt the PAP in
its entirety, into its interconnection agreement with CenturyLink QC in lieu of other
alternative standards or relief, except as stated in Sections 15.3, 15.4, and 15.5.
15.2.1Subsequent changes to the PAP approved by the Commission will be
incorporated into individual interconnection agreements that contain the PAP as
soon as the effective date of the Commission order, and without further Amendment
to those Agreements.
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. 10.1 - January 1 ,2014 Page 24
DocuSign Envelope I D: 7986D7C7-3E09-4'l 89-958D-3D7A388A3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANGE PLAN
15.3 ln electing the PAP in states in which there exist wholesale service quality rules,
CLEC shall surrender any rights to remedies under state wholesale service quality rules (in
that regard, this PAP shall constitute an "agreement of the parties" to opt out of those rules)
or under any interconnection agreement designed to provide such monetary relief for the
same performance issues addressed by the PAP. The PAP shall not limit either non-
contractual legal or non-contractual regulatory remedies that may be available to CLEC.
15.4 Payments to CLECs are in the nature of liquidated damages. Before CLEC shallbe
able to file an action seeking contract damages that flow from an alleged failure to perform
in an area specifically measured and regulated by the PAP, CLEC must first seek
permission through the Dispute Resolution Process set forth in Section 16.0 to proceed
with the action. This permission shall be granted only if CLEC can present a reasonable
theory of damages for the non-conforming performance at issue and evidence of realworld
economic harm that, as applied over the preceding six months, establishes that the actual
payments collected for non-conforming performance in the relevant area do not redress the
extent of the competitive harm. lf CLEC can make this showing, it shall be permitted to
proceed with this action. Any damages awarded through this action shall be offset with
payments made under this PAP. lf the CLEC cannot make this showing, the action shall
be barred. To the extent that CLEC's contract action relates to an area of performance not
addressed by the PAP, no such procedural requirement shall apply.
15.5 lf for any reason CLEC agreeing to this PAP is awarded compensation for the same
harm for which it received payments under the PAP, the court or other adjudicatory body
hearing such claim may offset the damages resulting from such claim against payments
made for the same harm. Only that relevant finder of fact, and not Centurylink QC in its
discretion, can judge what amount, if any, of PAP payments should be offset from any
judgment for a CLEC in a related action.
15.6 The Commission shall have the right to modify this plan in accordance with
Section 17.0.
16.0 Dispute Resolution Process
16.1 The dispute resolution process specified in this PAP does not replace or in any way
limit, among other things, the processes for resolving interconnection disputes not within
the ambit of the PAP.
16.2 The Commission may decide issues arising from for-cause audits and root-cause
analyses.
16.2.1The Parties will 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 willwithin seven (7) Days after delivery of
the written notice of dispute, designate a vice-president level employee or a
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DocuSign Envelo pe I D: 79 B6D7C7-3E09-41 89-958D-3D7A3 BBA3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QC,s PERFORMANCE ASSURANCE PLAN
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 will 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 will be treated as
Confidential lnformation (Confidential lnformation) developed for purposes of
settlement, and will be exempt from discovery and production, and not be admissible
in any subsequent proceedings without the concurrence of both Parties.
16.2.2|f 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 will be
brought to the Commission.
16.3 The dispute resolution process envisioned by the PAP provides a means of
resolving issues raised by the PAP reports, payment calculations and processes. This
process is akin to the dispute resolution processes that might be established in other
lnterconnection Agreements, except it applies exclusively to the PAP.
16.4 The PAP's dispute resolution process shall not be resorted to unless and until the
problem is raised at the Vice President - Vice President level at least two weeks before a
dispute is submitted to the Commission. As part of its request for dispute resolution, the
party making the request ("complainant") must provide a statement including specific facts
that the complainant engaged (or attempted to engage) in good faith negotiations to
resolve the disagreement, and that, despite these good faith efforts, the parties failed to
resolve the issue.
16.5 In all actions before the Commission, the losing party shall pay all relevant attorney's
fees and costs - including monies spent to prove that the problem exists - as determined
by the Commission.
17.0 Effective Date, Change Provisions and Termination
17 .1 The effective date of the current PAP is July 1 , 2013, the date on which the
Commission adopts its decision in an order approving it, or the effective date of CLEC
opting into the PAP in its lCA, whichever date is later.
17.2 !f CenturyLink QC or CLEC wishes to modify a PID or a PAP provision, the change
must be approved by the Commission. Prior to seeking Commission approval, CenturyLink
QC and CLEC will use the dispute resolution process set forth in Section 16.0 as the
procedure for resolving the issues. Either CenturyLink or CLEC may submit its proposed
modification(s) to the Commission for approval. The Commission will establish a process
for providing notice and considering such request, including timelines for interested parties
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. 10.1 - January 1 ,20'14 Page 26
DocuSign Envelope lD: 7986D7C7-3E09-4'l 89-9580-3D7A388A3986
EXHIBIT K - Redesigned PAP
CENTURYLINK QG,s PERFORMANCE ASSURANCE PLAN
or Staff to oppose the request. lf the request is unopposed, the Commission may grant
such request without a hearing or further notice.
17 .2.1Any party may submit a root cause analysis to the Commission requesting
removal of a PID or submeasurement from the PAP. Prior to making such request
to the Commission, the party shall provide notice to allaffected parties and
Commission Staff of its intent to make such request. lf the requested removal is
contested, Centurylink QC and CLEC will pursue the dispute resolution procedures
of Section 16.0 before seeking a Commission decision on the matter.
17.2.2If CenturyLink QC or CLEC wishes to submit a root cause analysis to the
Commission requesting removal of a PID or submeasurement from the PAP, the
removal must be approved by the Commission. The root cause analysis shall
address, at a minimum, whether there is evidence of no harm, the same harm as
covered by other PID submeasurements, non-CenturyLink QC related causes, or
other factors which directly relate to the harm or circumstances specific to the PID or
submeasurement being analyzed. The Commission will establish a process for
providing notice and considering such request, including timelines for interested
parties or Staff to oppose the request. lf the request is unopposed, the Commission
may grant such request without a hearing or further notice.
17.3 lf any agreements on adding, modifying or deleting performance measurements or
PAP provisions are reached between Centurylink QC and CLECS, or if the Commission
approves changes to the PAP after notice and hearing, those additions, deletions, or
modifications shall be incorporated into the PAP and modify the agreement between
CLECs and Centurylink QC at any time those agreements are submitted to the
Commission.
17.4 Neither CenturyLink QC nor any CenturyLink affiliate or successor will initiate or
support any action or proceeding before April 1 ,2016 that seeks to eliminate any PAP in
any CenturyLink QC former RBOC state.
18.0 Voluntary Performance Assurance Plan
18.1 This PAP represents CenturyLink QC's voluntary offer to provide performance
assurance.
CenturyLink QC lCA, Amended Exhibit K Performance Assurance Plan Ver. 10.'l - January I ,2014 Page 27