20230824Application.pdf

206-806-7339
[e-mail]
August 24, 2023
Via Email Submission
[e-mail]
Ms. Jan Noriyuki, Secretary
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg. 8, Ste. 201-A
Boise, ID 83714
Re: Case No.:
Application for Approval of Interconnection Agreement
Dear Ms. Noriyuki:
Enclosed for filing are an Application for Approval of Interconnection Agreement along
with the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and
Earthgrid PBC dba Earthgrid PBC Corporation for the State of Idaho. CenturyLink respectfully
requests that this matter be placed on the Commission Decision Meeting Agenda for expedited
approval.
Please feel free to contact me with any questions regarding this submission. Thank you
for your assistance in this matter.
Sincerely,
Josie Addington
Legal Assistant
Attachments
cc: Service List
RECEIVED
Thursday, August 24, 2023 9:00 AM
IDAHO PUBLIC
UTILITIES COMMISSION
QWE-T-23-04
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT – 1
EARTHGRID PBC CORPORATION
Joshua S. Trauner (NYSBA# 4455861)
Lumen Technologies, Inc.
100 CenturyLink Drive
Monroe, LA 71203
510 342 3281
[e-mail]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST CORPORATION DBA
CENTURYLINK QC FOR APPROVAL OF THE
INTERCONNECTION AGREEMENT WITH EARTHGRID
PBC DBA EARTHGRID PBC CORPORATION FOR THE
STATE OF IDAHO PURSUANT TO 47 U.S.C. §252(E)
CASE NO.: QWE-T-23-04
APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT
Qwest Corporation dba CenturyLink QC (“CenturyLink”) hereby file this Application for
Approval of Interconnection Agreement by and between CenturyLink and Earthgrid PBC dba
Earthgrid PBC Corporation for the State of Idaho (“Agreement”). The Agreement with
Earthgrid PBC Corporation (“Earthgrid PBC”) 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
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-
RECEIVED
Thursday, August 24, 2023 9:00 AM
IDAHO PUBLIC
UTILITIES COMMISSION
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT – 2
EARTHGRID PBC CORPORATION
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
Earthgrid PBC 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 24th day of August, 2023.

CENTURYLINK

Joshua S. Trauner
Attorney for CenturyTel of the Gem State, Inc.
dba CenturyLink and CenturyTel of Idaho, Inc.
dba CenturyLink

APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT – 3
EARTHGRID PBC CORPORATION
CERTIFICATE OF SERVICE

I hereby certify that on this 24th day of August, 2023, 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:

Jan Noriyuki, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
[e-mail]

Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
XX Email

Earthgrid PBC dba Earthgrid PBC
Corporation
Troy Helming, President & CEO
[e-mail]

Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
XX Email

Josie Addington

Interconnection Agreement

Terms and Conditions for Interconnection, Unbundled Network Elements,
and Ancillary Services

Between

Qwest Corporation dba CenturyLink QC

and

Earthgrid PBC dba Earthgrid PBC Corporation

For the State of Idaho

Agreement Number
CDS-230701-0003

TABLE OF CONTENTS
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SECTION 1.0 - GENERAL TERMS ................................................................................. 1
SECTION 2.0 - INTERPRETATION AND CONSTRUCTION .......................................... 2
SECTION 3.0 - CLEC INFORMATION ............................................................................ 4
SECTION 4.0 - DEFINITIONS ......................................................................................... 6
SECTION 5.0 - TERMS AND CONDITIONS ................................................................. 27
5.1 GENERAL PROVISIONS ...................................................................................... 27
5.2 TERM OF AGREEMENT ...................................................................................... 28
5.3 PROOF OF AUTHORIZATION ............................................................................... 29
5.4 PAYMENT ......................................................................................................... 29
5.5 TAXES ............................................................................................................. 32
5.6 INSURANCE ...................................................................................................... 32
5.7 FORCE MAJEURE .............................................................................................. 33
5.8 LIMITATION OF LIABILITY .................................................................................... 33
5.9 INDEMNITY ....................................................................................................... 34
5.10 INTELLECTUAL PROPERTY ................................................................................. 35
5.11 WARRANTIES ................................................................................................... 37
5.12 ASSIGNMENT .................................................................................................... 37
5.13 DEFAULT .......................................................................................................... 38
5.14 DISCLAIMER OF AGENCY ................................................................................... 38
5.15 SEVERABILITY .................................................................................................. 38
5.16 NONDISCLOSURE .............................................................................................. 38
5.17 SURVIVAL ......................................................................................................... 41
5.18 DISPUTE RESOLUTION ...................................................................................... 41
5.19 CONTROLLING LAW ........................................................................................... 42
5.20 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION ..................................... 42
5.21 NOTICES .......................................................................................................... 43
5.22 RESPONSIBILITY OF EACH PARTY ...................................................................... 43
5.23 NO THIRD PARTY BENEFICIARIES ...................................................................... 44
5.24 INTENTIONALLY LEFT BLANK .............................................................................. 44
5.25 PUBLICITY ........................................................................................................ 44
5.26 EXECUTED IN COUNTERPARTS .......................................................................... 44
5.27 COMPLIANCE .................................................................................................... 44
5.28 COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW
ENFORCEMENT ACT OF 1994 ............................................................................ 44
5.29 COOPERATION ................................................................................................. 44
5.30 AMENDMENTS .................................................................................................. 45
5.31 ENTIRE AGREEMENT ......................................................................................... 45
SECTION 7.0 INTERCONNECTION .......................................................................... 47
7.1 INTERCONNECTION FACILITY OPTIONS ............................................................... 47
7.2 EXCHANGE OF TRAFFIC .................................................................................... 48
7.3 INTERCARRIER COMPENSATION ......................................................................... 57
7.4 ORDERING ....................................................................................................... 62
7.5 JOINTLY PROVIDED SWITCHED ACCESS SERVICES ............................................. 64
7.6 TRANSIT RECORDS ........................................................................................... 64
7.7 LOCAL INTERCONNECTION DATA EXCHANGE FOR BILLING ................................... 65
SECTION 8.0 - COLLOCATION .................................................................................... 67

TABLE OF CONTENTS
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8.1 DESCRIPTION ................................................................................................... 67
8.2 TERMS AND CONDITIONS .................................................................................. 69
8.3 RATE ELEMENTS ............................................................................................ 102
8.4 ORDERING ..................................................................................................... 113
8.5 BILLING .......................................................................................................... 128
8.6 MAINTENANCE AND REPAIR ............................................................................. 129
SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS .............................................. 131
9.1 GENERAL TERMS ............................................................................................ 131
9.2 UNBUNDLED LOOPS ........................................................................................ 144
9.3 SUBLOOP UNBUNDLING................................................................................... 163
9.4 INTENTIONALLY LEFT BLANK ............................................................................ 174
9.5 NETWORK INTERFACE DEVICE (NID) ............................................................... 174
9.6 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT) .............................. 178
9.7 UNBUNDLED DARK FIBER ................................................................................ 183
9.8 INTENTIONALLY LEFT BLANK ............................................................................ 190
9.9 INTENTIONALLY LEFT BLANK ............................................................................ 190
9.10 INTENTIONALLY LEFT BLANK ............................................................................ 190
9.11 INTENTIONALLY LEFT BLANK ............................................................................ 190
9.12 INTENTIONALLY LEFT BLANK ............................................................................ 190
9.13 INTENTIONALLY LEFT BLANK ............................................................................ 190
9.14 INTENTIONALLY LEFT BLANK ............................................................................ 191
9.15 INTENTIONALLY LEFT BLANK ............................................................................ 191
9.16 INTENTIONALLY LEFT BLANK ............................................................................ 191
9.17 INTENTIONALLY LEFT BLANK ............................................................................ 191
9.18 ADDITIONAL UNBUNDLED ELEMENTS................................................................ 191
9.19 CONSTRUCTION CHARGES .............................................................................. 191
9.20 INTENTIONALLY LEFT BLANK ............................................................................ 192
9.21 INTENTIONALLY LEFT BLANK ............................................................................ 192
9.22 INTENTIONALLY LEFT BLANK ............................................................................ 192
9.23 UNBUNDLED NETWORK ELEMENT COMBINATIONS ............................................ 192
9.24 INTENTIONALLY LEFT BLANK ............................................................................ 201
9.25 LOOP-MUX COMBINATION (LMC)..................................................................... 202
SECTION 10.0 ANCILLARY SERVICES .................................................................. 206
10.1 INTENTIONALLY LEFT BLANK ............................................................................ 206
10.2 LOCAL NUMBER PORTABILITY .......................................................................... 206
10.3 911/E911 SERVICE ........................................................................................ 212
10.4 WHITE PAGES DIRECTORY LISTINGS SERVICE .................................................. 217
10.5 DIRECTORY ASSISTANCE SERVICE .................................................................. 222
10.6 DIRECTORY ASSISTANCE LIST ......................................................................... 225
10.7 TOLL AND ASSISTANCE OPERATOR SERVICES .................................................. 230
10.8 ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAY ........................ 234
SECTION 11.0 - NETWORK SECURITY .................................................................... 251
SECTION 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) ............ 257
12.1 DESCRIPTION ................................................................................................. 257
12.2 OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING ................. 257
12.3 MAINTENANCE AND REPAIR ............................................................................. 269
SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS ............................................ 280

TABLE OF CONTENTS
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SECTION 14.0 - LOCAL DIALING PARITY ................................................................. 281
SECTION 15.0 - CENTURYLINK'S OFFICIAL DIRECTORY PUBLISHER .................. 282
SECTION 16.0 - REFERRAL ANNOUNCEMENT ....................................................... 283
SECTION 17.0 - BONA FIDE REQUEST PROCESS .................................................. 284
SECTION 18.0 - AUDIT PROCESS ............................................................................ 287
SECTION 19.0 - CONSTRUCTION CHARGES .......................................................... 290
SECTION 20.0 INTENTIONALLY LEFT BLANK....................................................... 291
SECTION 21.0 - NETWORK STANDARDS ................................................................ 292
SECTION 22.0 - SIGNATURE PAGE .......................................................................... 293

TABLE OF CONTENTS FOR EXHIBITS

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EXHIBIT A Rates
EXHIBIT B Intentionally Left Blank
EXHIBIT C Service Interval Tables
EXHIBIT D Intentionally Left Blank
EXHIBIT E Intentionally Left Blank
EXHIBIT F Special Request Process
EXHIBIT G Intentionally Left Blank
EXHIBIT H Calculation of the Relative Use Factor (RUF)
EXHIBIT I Individual Case Basis (ICB)
EXHIBIT J Intentionally Left Blank
EXHIBIT K Intentionally Left Blank

Section 1
General Terms
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Section 1.0 - GENERAL TERMS
1.1 This Agreement for Interconnection, Unbundled Network Elements and ancillary
services is between Earthgrid PBC dba Earthgrid PBC Corporation ,
incorporated in the state of Delaware 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 CenturyLink's obligations under Sections 222, 251(a), (b),
and (c), 252, and other relevant provisions of the Act and the rules and regulations promulgated
there under.
1.2 Intentionally Left Blank.
1.3 This Agreement sets forth the terms, conditions and pricing under which
CenturyLink will provide to CLEC network Interconnection, access to Unbundled Network
Elements and ancillary services within the geographical areas in which CenturyLink is providing
local Exchange Service at that time, and for which CenturyLink is the incumbent Local
Exchange Carrier within the state of Idaho, for purposes of providing local Telecommunications
Services.
1.4 Intentionally Left Blank.
1.5 Intentionally Left Blank.
1.6 Intentionally Left Blank.
1.7 Intentionally Left Blank.
1.8 With respect to the terms and provisions of this Agreement, CenturyLink has
negotiated the Agreement in its entirety, and the inclusion of any particular provision, or rate,
term and condition, is not evidence of the reasonableness thereof when considered apart from
all other provisions of the Agreement.

Section 2
Interpretation and Construction
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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. In the event a change in a law,
rule, regulation or interpretation thereof would materially change this Agreement, the terms of
Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change,
any reference in this Agreement to such law, rule, regulation or interpretation thereof 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 February 8, 2021 (the
Existing Rules). Nothing in this Agreement shall be deemed an admission by CenturyLink or
CLEC concerning the interpretation or effect of the Existing Rules or an admission by
CenturyLink or CLEC that the Existing Rules should not be changed, vacated, dismissed,
stayed or modified. Nothing in this Agreement shall preclude or estop CenturyLink or CLEC
from taking any position in any forum concerning the proper interpretation or effect of the
Existing Rules or concerning whether the Existing Rules should be changed, vacated,
dismissed, stayed or modified. To the extent that the Existing Rules are vacated, dismissed,
stayed or materially changed or 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. It is expressly understood that this Agreement will be
corrected, or if requested by CLEC, amended as set forth in this Section 2.2, to reflect the
outcome of generic proceedings by the Commission for pricing, service standards, or other
matters covered by this Agreement. Rates in Exhibit A 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. In the event
Section 2
Interpretation and Construction
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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 In addition to, but not in limitation of, Section 2.2 above, nothing in this
Agreement shall be deemed an admission by CenturyLink or CLEC concerning the
interpretation or effect of any rule, regulation, statute, or interpretations thereof, including
but not limited to the FCC's Triennial Review Order and/or its Triennial Review Remand
Order and state rules, regulations, and laws as they may be issued or promulgated.
Nothing in this Agreement shall preclude or estop CenturyLink or CLEC from taking any
position in any forum concerning the proper interpretation or effect of any rule,
regulation, or statute, or concerning whether the foregoing should be changed, vacated,
dismissed, stayed or modified.
2.3 Unless otherwise specifically determined by the Commission, in cases of 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.

Section 3
CLEC Information
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Section 3.0 - CLEC INFORMATION
3.1 Except as otherwise required by law, CenturyLink will not provide or establish
Interconnection, Unbundled Network Elements and ancillary services in accordance with the
terms and conditions of this Agreement prior to CLEC's execution of this Agreement. The
Parties shall complete CenturyLink's "New Customer Questionnaire," as it applies to CLEC's
obtaining of Interconnection, Unbundled Network Elements and ancillary 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 Information
Billing and Collection (Section 1)
Credit Information
Billing Information
Summary Billing
OSS and Network Outage Notification Contact Information
System Administration Contact Information
Ordering Information for LIS Trunks, Collocation, and Associated Products (if CLEC
plans to order these services)
Design Layout Request LIS Trunking and Unbundled Loop (if CLEC plans to order
these services)
3.2.1 The remainder of this questionnaire must be completed within two (2)
weeks of completing the initial portion of the questionnaire. This questionnaire will be
used to:
Determine geographical requirements;
Identify 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
Identify CLEC hours and holidays.
Section 3
CLEC Information
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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.

Section 4
Definitions
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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 Interconnection Service.
"Access Services" refers to the interstate and intrastate switched access and private line
transport services offered for the origination and/or termination of interexchange 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 local traffic.
"Act" means the Communications Act of 1934 (47 U.S.C. § 151 et. seq.), as amended and as
from time to time interpreted in the duly authorized rules and regulations of the FCC or the
Commission.
"Advanced Services" refers to high speed, switched, broadband, wireline Telecommunications
capability that enables users to originate and receive high-quality, voice, data, graphics or video
Telecommunications using any technology.
"Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with, another person. For purposes of this paragraph,
the term 'own' means to own an equity interest (or the equivalent thereof) of more than 10
percent.
"AMI T1" is a transmission system sometimes used on loops to transmit DS1 signals (1.544
Mbps) using Alternate Mark Inversion (AMI) line code.
"Applicable Law" means all laws, statutes, common law, ordinances, codes, rules, guidelines,
orders, permits and approval of any governmental regulations, including, but not limited to, the
Act, the regulations, rules, and final orders of the FCC and the Commission, and any final
orders and decisions of a court of competent jurisdiction reviewing the regulations, rules, or
orders of the FCC or the Commission.
"Application Date" or "APP" means the date CLEC provides CenturyLink an application for
service containing required information as set forth in this Agreement.
"ATIS" or "Alliance for Telecommunications Industry Solutions" is a North American
telecommunication industry standards forum which, through its committees and working groups,
creates, and publishes standards and guidelines designed to enable interoperability and
Interconnection for Telecommunications products and services. ATIS Standards and
Guidelines, as well as the standards of other industry fora, are referenced herein.
"Automated Message Accounting" or "AMA" is the structure inherent in Switch technology that
initially records telecommunication message information. AMA format is contained in the AMA
document, published by Telcordia Technologies now iconectiv, or its successors, as GR-1100-
CORE which defines the industry standard for message recording.
Section 4
Definitions
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"Automatic Location Identification" or "ALI" is the automatic display at the Public Safety
Answering Point (PSAP) of the caller's telephone number, the address/location of the telephone
and supplementary emergency services information for Enhanced 911 (E911).
"Automatic Location Identification/Database Management System" or "ALI/DBMS" is an
Enhanced 911/ (E911) database containing End User Customer location information (including
name, service address, telephone number, and sometimes special information from the local
service provider) used to determine to which Public Safety Answering Point (PSAP) to route the
call and used by the PSAP for emergency call handling (i.e., dispatch of emergency aid).
"Automatic Location Identification Gateway" or "ALI Gateway" is a computer facility into which
CLEC delivers Automatic Location Identification (ALI) data for CLEC Customers. Access to the
ALI Gateway will be via a dial-up modem using a common protocol.
"Automatic Number Identification" or "ANI" 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
context 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. It
also involves the exchange of information between Telecommunications Carriers to process
claims and adjustments.
"Binder Groups" mean the sub-units of a cable, usually in groups of 25, 50 or 100 color-coded
twisted pairs wrapped in colored tape within a cable.
"Bona Fide Request" or "BFR" shall have the meaning set forth in Section 17.
"Bridged Tap" means the unused sections of a twisted pair subtending the Loop between the
End User Customer and the Serving Wire Center or extending beyond the End User Customer's
location.
"Business Line" means a CenturyLink-owned switched access line used to serve a business
customer, whether by CenturyLink itself or by CLEC that leases the line from CenturyLink. The
Section 4
Definitions
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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 Wire 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-four (24) Business Lines.
eans Carrier Access Billing System or any successor billing system.
"Calling Party Number" or "CPN" is a Common Channel Signaling (CCS) parameter which
refers to the ten digit number transmitted through a network identifying the calling party.
Reference CenturyLink Technical Publication 77342.
"Carrier" or "Common Carrier" See Telecommunications Carrier.
"Carrier Liaison Committee" or "CLC" is under the auspices of ATIS and is the executive
oversight committee that provides direction as well as an appeals process to its subtending fora,
the Network Interconnection Interoperability Forum (NIIF), the Ordering and Billing Forum
(OBF), the Industry Numbering Committee (INC), and the Toll Fraud Prevention Committee
(TFPC). On occasion, the CLC commissions ad hoc committees when issues do not have a
logical home in one of the subtending forums. OBF and Network Installation and Maintenance
Committee (NIMC) publish business process rules for their respective areas of concern.
"Central 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.
"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 CMDS.
"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 Interconnection or access to
CenturyLink Unbundled Network Elements.
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"Collocation Point of Interconnection" or "C-POI" is the point outside CenturyLink's Wire
Center where CLEC's fiber facility meets CenturyLink's Fiber Entrance Facility, except where
CLEC uses an Express Fiber Entrance Facility. In either case, CenturyLink will extend or run
the Fiber Entrance Facility to CLEC's Collocation Space.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C. § 332 and FCC rules
and orders interpreting that statute.
"Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network
Element, or a Combination of Unbundled Network Elements, to one or more facilities or services
that a requesting Telecommunications Carrier has obtained at wholesale from CenturyLink, or
the combination of an Unbundled Network Element, or a Combination of Unbundled Network
Elements, with one or more such facilities or services.
"Commingle" means the act of Commingling.
"Commission" means the Idaho Public 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 carries 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 Carrier" or "CLEC" refers to a Party that has submitted a request,
pursuant to this Agreement, to obtain Interconnection, 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 Incumbent Local
Exchange Carrier (ILEC).
"Confidential Information" shall have the meaning set forth in Section 5.16.
"Cross Connection" is a cabling scheme between cabling runs, subsystems, and equipment
using patch cords or jumper wires that attach to connection hardware on each end.
"Current Service Provider" means the Party from which an End User Customer is planning to
switch its local Exchange Service or the Party from which an End User Customer is planning to
port its telephone number(s).
"Customer" is a Person to whom a Party provides or has agreed to provide a specific service or
set of services, whether directly or indirectly. Customer includes Telecommunication Carriers.
See also, End User Customer.
"Customer Premises Equipment" or "CPE" means equipment employed on the premises of a
Person other than a Carrier to originate, route or terminate Telecommunications (e.g., a
telephone, PBX, modem pool, etc.).
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"Customer Usage Data" means the Telecommunications Service usage data of
Customer, measured in minutes, sub-minute increments, message units or otherwise, that is
recorded by CenturyLink AMA equipment and forwarded to CLEC.
"Dark Fiber" shall have the meaning set forth in Section 9.7.1.
"Data Local Exchange Carrier" or "DLEC" is a CLEC interconnecting primarily for purposes of
transporting data.
"Day" means calendar days unless otherwise specified.
"Dedicated Transport" means CenturyLink transmission 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 Connect System" or "DCS" is a function which provides automated Cross
Connection of Digital Signal Level 0 (DS0) 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 DS0 rate. This same nomenclature, at the
appropriate rate substitution, extends to the other types of DCS specifically cited as 3/1 and 3/3.
Types of DCS that cross connect Synchronous Transport Signal level 1 (STS-1 s) or other
Synchronous Optical Network (SONET) signals (e.g., STS-3) are also DCS, although not
denoted by this same type of nomenclature. DCS may provide the functionality of more than
one of the aforementioned DCS types (e.g., DCS 3/3/1 which combines functionality of DCS 3/3
and DCS 3/1). For such DCS, the requirements will be, at least, the aggregation of
requirements on the "component" DCS. In 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 DS0 and above multiplexing equipment used to provide the function of a
manual Cross Connection. Interconnection is between a DSX or LGX to a Switch, another
Cross Connection, or other service platform device.
"Digital Signal Level" means one of several transmission rates in the time-division multiplex
hierarchy.
"Digital Signal Level 0" or "DS0" is the 64 Kbps standard speed for digitizing one voice
conversation using pulse code modulation. There are twenty-four (24) DS0 channels in a DS1.
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"Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is
the initial level of multiplexing. There are twenty-eight (28) DS1s in a DS3.
"Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is
defined as the third level of multiplexing.
"Digital Subscriber Line Access Multiplexer" or "DSLAM" is a network device that: (i) aggregates
lower bit rate DSL signals to higher bit-rate or bandwidth signals (multiplexing) and (ii)
disaggregates higher bit-rate or bandwidth signals to lower bit-rate DSL signals (de-
multiplexing). DSLAMs can connect DSL Loops with some combination of CLEC ATM, Frame
Relay, or IP networks. The DSLAM must be located at the end of a copper Loop nearest the
Serving Wire Center (e.g., in a Remote Terminal, Central Office, or an End User Customer's
premises).
"Digital Subscriber Loop" or "DSL" refers to a set of service-enhancing copper technologies that
are designed to provide digital communications services over copper Loops either in addition to
or instead of normal analog voice service, sometimes referred to herein as xDSL, including, but
not limited to, the following:
"ADSL" or "Asymmetric Digital Subscriber Line" is a Passband digital loop transmission
technology that typically permits the transmission of up to 8 Mbps downstream (from the
Central 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.
"IDSL" or "ISDN Digital Subscriber Line" or "Integrated Services Digital Network Digital
Subscriber Line" is a symmetrical, baseband DSL technology that permits the bi-
directional transmission of up to 128 Kbps using ISDN CPE but not circuit switching.
"SDSL" or "Symmetric Digital Subscriber Line" is a baseband DSL transmission
technology that permits the bi-directional transmission from up to 160 kbps to 2.048
Mbps on a single pair.
"VDSL" or "Very High Speed Digital Subscriber Line" is a baseband DSL transmission
technology that permits the transmission of up to 52 Mbps downstream (from the Central
Office to the End User Customer) and up to 2.3 Mbps digital signal upstream (from the
End User Customer to the Central Office). VDSL can also be 26 Mbps symmetrical, or
other combination.
"Directory Assistance Database" shall have the meaning set forth in Section 10.5.2.2.
"Directory Assistance Lists" shall have the meaning set forth in Section 10.6.1.1.
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"Directory Assistance Service" includes, but is not limited to, making available to callers, upon
request, information contained in the Directory Assistance Database. Directory Assistance
Service includes, where available, the option to complete the call at the caller's direction.
"Directory Listings" or "Listings" are any information identifying the listed names of subscribers
of a Telecommunications Carrier or Provider, as applicable, and such subscribers' telephone
numbers, addresses, or primary advertising classifications (as such classifications are assigned
at the time of the establishment of such service), or any combination of such listed names,
numbers, addresses or classifications: (1) that the Telecommunications Carrier and/or Provider
provides or uses for the purpose of publishing the Listings in any directory format; or (2) that the
Telecommunications Carrier and/or Provider provides or uses in Directory Assistance Service,
Directory Assistance List Service, or for other lawful purposes.
"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 specific date on which the requested service is to be available to CLEC
or to CLEC's End User Customer, as applicable.
"Effective Date" shall have the meaning set forth in Section 5.2.1.
"Electronic Bonding" is a real-time and secure electronic exchange of data between information
systems in separate companies. Electronic Bonding allows electronic access to services which
have traditionally been handled through manual means. The heart of Electronic Bonding is
strict adherence to both International and National standards. These standards define the
communication and data protocols allowing all organizations in the world to exchange
information.
"Electronic File Transfer" means any system or process that utilizes an electronic format and
protocol to send or receive data files.
"Emergency Service Number" or "ESN" is a three to five digit number representing a unique
combination of Emergency Response Agencies (law enforcement, fire and emergency medical
service) designed to serve a specific range of addresses within a particular geographical area.
The ESN facilitates Selective Routing and transfer, if required, to the appropriate PSAP and the
dispatch of proper Emergency Response Agency(ies).
"End User Customer" means a third 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 subscriber's transmitted information; that provide the subscriber with
additional, different or restructured information; or involve End User Customer interaction with
stored information.
"Enhanced 911" or "E911" shall have the meaning set forth in Section 10.3.1.
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"Environmental Hazard" means any substance the presence, use, transport, abandonment or
disposal of which (i) requires investigation, remediation, compensation, fine or penalty under
any Applicable Law (including, without limitation, the Comprehensive Environmental Response
Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource
Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar
purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health,
safety or the environment (including, without limitation, indoor, outdoor or orbital space
environments) and is regulated under any Applicable Law.
"Exchange Access" shall have the same meaning as in the Act.
"Exchange Message Interface" or "EMI" means the format used for exchange of
Telecommunications message information among Telecommunications Carriers. It is
referenced in the Alliance for Telecommunications Industry Solutions (ATIS) document that
defines industry guidelines for the exchange of message records.
"Exchange Message Record" or "EMR" is the standard used for exchange of
telecommunications message information between telecommunications providers for billable,
non-billable, sample, settlement and study data. EMR format is contained in BR-010-200-010
CRIS Exchange Message Record, a Telcordia now iconectiv 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
Idaho and Northern Idaho Exchange and Network Services Catalogs.
"FCC" means the Federal Communications Commission.
"Fiber-based Collocator" means any carrier, unaffiliated with CenturyLink, that maintains a
Collocation arrangement in a CenturyLink Wire Center, with active electrical power supply, and
operates a fiber-optic cable or comparable transmission facility that (1) terminates at a
Collocation arrangement within the Wire Center; (2) leaves the CenturyLink Wire Center
premises; and (3) is owned by a party other than CenturyLink or any affiliate of CenturyLink,
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. § 153(1).
"Fiber Meet" means an Interconnection architecture method whereby the Parties physically
interconnect their networks via an optical fiber interface (as opposed to an electrical interface) at
a mutually-agreed-upon location.
"Finished Services" means complete end-to-end services offered by CenturyLink to wholesale
customers or retail End User Customers. Finished Services do not include Unbundled Network
Elements or combinations of Unbundled Network Elements. Finished Services include Access
Services, private lines and retail services.
"Firm Order Confirmation" or "FOC" means the notice CenturyLink provides to CLEC to confirm
that CLEC's Local Service Order (LSR) has been received and has been successfully
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processed. The FOC confirms the schedule of dates committed to by CenturyLink for the
Provisioning of the service requested.
"Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit I.
"Information Service" is the offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available information via
Telecommunications, and includes electronic publishing, but does not include any use of any
such capability for the management, control, or operation of a Telecommunications system or
the management of a Telecommunications Service.
"Integrated Digital Loop Carrier" means a subscriber loop carrier system, which integrates
multiple voice channels within the Switch on a DS1 level signal.
"Integrated Services Digital Network" or "ISDN" refers to a digital circuit switched network
service. Basic Rate ISDN (BRI) provides for channelized (two (2) bearer and one (1) data) end-
to-end digital connectivity for the transmission of voice or data on either or both bearer channels
and packet data on the data channel. Primary Rate ISDN (PRI) provides for twenty-three (23)
bearer channels and one (1) data channel. For BRI, the bearer channels operate at 64 Kbps
and the data channel at 16 Kbps. For PRI, all twenty-four (24) channels operate at 64 Kbps or
1.5 Mbps.
"Interconnection" is as described in the Act and refers to the connection between networks for
the purpose of transmission and routing of telephone Exchange Service traffic, IntraLATA LEC
Toll and Jointly Provided Switched Access traffic.
"Interconnection Agreement" or "Agreement" is an agreement entered into between CenturyLink
and CLEC for Interconnection, Unbundled Network Elements or other services as a result of
negotiations, adoption and/or arbitration or a combination thereof pursuant to Section 252 of the
Act. When CLEC signs and delivers a copy of this Agreement to CenturyLink pursuant to the
notice provision of the Agreement, it becomes the Interconnection Agreement between the
Parties pursuant to Section 252(e) of the Act.
"Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll
services.
"Interexchange Service" means telecommunications service between stations in different
exchange areas. Modification of Final Judgment, § IV(K), reprinted in United States v. Am. Tel.
& Tel. Co., 552 F. Supp. 131, 229 (D.D.C. 1982) (defining "interexchange telecommunications"
as "telecommunications between a point or points located in one exchange telecommunications
area and a point or points located in one or more other exchange areas or a point outside an
exchange area").
"Interim Number Portability" or "INP" is a method of number portability, such as Remote Call
Forwarding ("RCF") or any other comparable and technically feasible arrangement, that allows
one Party to port telephone numbers from its network to the other Party's network with as little
impairment of quality, reliability and convenience to the customer as possible, but does not
comply with the Local Number Portability performance criteria set forth in 47 C.F.R. Section
52.23(a).
"InterLATA Traffic" describes Telecommunications between a point located in a Local Access
and Transport Area ("LATA") and a point located outside such area.
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der--c delivered to an
Internet Service provider for which the FCC prescribed intercarrier compensation in the
Intercarrier Compensation for ISP-Bound Traffic, CC Docket No. 99-68, Order on Remand and
Report and Order, 16 FCC Rcd 9151 (2001) (ot
include traffic delivered to an Internet Service provider located in a different local calling area
than the calling party.

"Interoperability" 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.)
IntraLATA LEC Tol cal Exchange Carrier
and not by an IXC.
"IntraLATA Toll Traffic" describes IntraLATA 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.g., an End User Customer's
telephone station set, a PBX, answering machine, facsimile machine or computer).
"Local Access Transport Area" or "LATA" 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)
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 now iconectiv
Reference Document used by LECs and IXCs to identify NPA-NXX routing and homing
information as well as Network Element and equipment designations.
"Local Interconnection Service (LIS) Entrance Facility" is a DS1 or DS3 facility that extends from
CLEC's Switch location or Point of Interconnection (POI) to the CenturyLink Serving Wire
Center. An Entrance Facility may not extend beyond the area served by the CenturyLink
Serving Wire Center.
"Local Interconnection Service (LIS)" is the CenturyLink product name for its provision of
Interconnection as described in Section 7 of this Agreement.

"Local Number Portability" or "LNP" shall have the meaning set forth in Section 10.2.1.1.
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"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.
Tandem Switch CenturyLink switch used to connect and switch trunk circuits
between End Office Switches for traffic within an EAS/Local calling area.
cal VoIP--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- (10)-digit number assigned to a
Central Office Switch in a defined geographic area for call routing purposes. This ten- (10)-digit
number serves as a network address and the routing information is stored in a database.
Switches routing calls to subscribers whose telephone numbers are in portable NXXs perform a
database query to obtain the Location Routing Number that corresponds with the Switch serving
the dialed telephone number. Based on the Location Routing Number, the querying Carrier
then routes the call to the Switch serving the ported number. The term "LRN" may also be used
to refer to a method of LNP.
"Long Distance Service" (see "Interexchange Service").
"Loop" or "Unbundled Loop" shall have the meaning set forth in Section 9.2.1.
"Loop Concentrator/Multiplexer" 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);
performs signal conversion, including encoding of signals (e.g., analog to digital and
digital to analog signal conversion); or
in some instances performs electrical to optical (E/O) conversion.
LCM includes DLC, and D4 channel banks and may be located in Remote Terminals or
Central Offices.
"Main Distribution Frame" or "MDF" means a CenturyLink distribution frame (e.g., COSMIC
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.
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"Maintenance of Service charge" is a Miscellaneous Charge that relates to trouble isolation work
performed by CenturyLink. Basic Maintenance of Service charges apply when the CenturyLink
technician performs work during standard business hours. Overtime Maintenance of Service
charges apply when the CenturyLink technician performs work on a business day, but outside
standard business hours, or on a Saturday. Premium Maintenance of Service charges apply
when the CenturyLink technician performs work on either a Sunday or CenturyLink recognized
holiday.
"Master Street Address Guide" or "MSAG" is a database of street names and house number
ranges within their associated communities defining particular geographic areas and their
associated ESNs to enable proper routing of 911 calls.
"Meet Point" is a point of Interconnection between two (2) networks, designated by two (2)
Telecommunications Carriers, at which one Carrier's responsibility for service begins and the
other Carrier's responsibility ends.
"Meet-Point Billing" or "MPB" or "Jointly Provided Switched Access" or "JPSA" refers to an
arrangement whereby two (2) or more Telecommunications Carriers including an ILEC, CLEC
or CMRS carrier receive traffic in the same LATA that the call is to be terminated in or originated
from, and jointly provide Switched Access Service to an Interexchange Carrier, with each ILEC,
CLEC or CMRS carrier receiving an appropriate share of the revenues from the IXC as defined
by their effective Switched Access Tariffs or, if applicable, CMRS contract.
"Mid-Span Meet" means an Interconnection between two (2) networks, designated by two (2)
Telecommunications Carriers, whereby each provides its own cable and equipment up to the
Meet Point of the cable facilities.
--Span Meet POI is a negotiated Point of Interface, limited to the
Interconnection of facilities between the CenturyLink Serving Wire Center location and the
location of the CLEC switch or other equipment located within the area served by the
CenturyLink Serving Wire Center.
"Miscellaneous Charges" mean charges that apply for miscellaneous services provided at
CLEC's request or based on CLEC's actions that result in miscellaneous services being
provided by CenturyLink, as described in this Agreement.
"Mobile Wireless Service" means all mobile wireless telecommunications services, including
commercial mobile radio service (CMRS). CMRS includes paging, air-ground radio, telephone
service and offshore radiotelephone services, as well as mobile telephony services, such as the
service offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses.
"Multiple Exchange Carrier Access 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 Industry
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 -
Industry Support Interface, refers to the document developed by the Ordering/Provisioning
Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under
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the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications
Industry Solutions (ATIS). The MECOD document, published by ATIS (0404120-00X), 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 Carrier" 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 Indicator Definitions (PIDs),
where applicable.
"Network Element" is a facility or equipment used in the provision of Telecommunications
Service. It also includes features, functions, and capabilities that are provided by means of
such facility or equipment, including subscriber numbers, databases, signaling systems, and
information sufficient for Billing and collection or used in the transmission, routing, or other
provision of a Telecommunications Service.
"Network Installation and Maintenance Committee" or "NIMC" is the ATIS/CLC sub-committee
responsible for developing business process rules for Maintenance and Repair or trouble
administration.
"Network Interface Device" or "NID" is a Network Element (including all of its features, functions
and capabilities) that includes any means of Interconnection of End User Customer premises
wiring to CenturyLink's distribution plant, such as a cross connect device used for that purpose.
"New Service Provider" means the Party to which an End User Customer switches its local
Exchange Service or the Party to which an End User Customer is porting its telephone
number(s).
"911 Service" shall have the meaning set forth in Section 10.3.1.
"911/E911 Interconnection Trunk Groups" shall have the meaning set forth in Section 10.3.7.
-those network elements identified in an applicable FCC order as
under 47 U.S.C. § 251(c)(3) as
reflected in this Agreement based on non-impairment or tier designations.
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"Non-impaired Wire Center" means a Wire Center that meets the loop thresholds identified in 47
C.F.R. § 51.319(a)(4)(i) for DS1 Loops and 47 C.F.R. § 51.319(a)(5)(i) for DS3 Loops. Non-
impaired Wire Centers also include Tier 1 and Tier 2 Wire Centers as defined in 47 C.F.R. §
51.319(e)(3) and subject to the limitations of 47 C.F.R. § 51.319(e)(2)(ii)(A) for DS1 Dedicated
Transport and 47 C.F.R. § 51.319(e)(2)(iii)(A) for DS3 Dedicated Transport.
"North American Numbering Council" or "NANC" means the federal advisory committee
chartered by the FCC to analyze, advise, and make recommendations on numbering issues.
"North American Numbering Plan" or "NANP" means the basic numbering plan for the
Telecommunications networks located in the United States as well as Canada, Bermuda, Puerto
Rico, Guam, the Commonwealth of the Marianna Islands and certain Caribbean Islands. The
NANP format is a 10-digit number that consists of a 3-digit NPA code (commonly referred to as
the area code) followed by a 3-digit NXX code and 4-digit line number.
"Number Portability Administration Center" or "NPAC" means one (1) of the seven (7) regional
number portability centers involved in the dissemination of data associated with ported
numbers. The NPACs were established for each of the seven (7) original Bell Operating
Company regions so as to cover the fifty (50) states, the District of Columbia and the U.S.
territories in the North American Numbering Plan area.
"Numbering Plan Area" or "NPA" is also sometimes referred to as an area code. It is a unique
three-digit indicator that is defined by the "A," "B" and "C" digits of each 10-digit telephone
number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2)
general categories of NPA. "Geographic NPA" is associated with a defined geographic area
and all telephone numbers bearing such NPA are associated with services provided within that
geographic area. A "Non-Geographic NPA," also known as a "Service Access Code" (SAC
Code), is typically associated with a specialized Telecommunications Service which may be
provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are
examples of Non-Geographic NPAs.
"NXX," "NXX Code," "Central Office Code," or "CO Code" is the three- (3)-digit Switch entity
code which is defined by the "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 Industry
Solutions, concerned with inter-company ordering and Billing.
"Originating Line Information Parameter" or "OLIP" 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.
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"Packet Switch" is a router designed to read the destination address in an incoming cell or
packet, consult a routing table and route the packet toward its destination. Packetizing is done
in originating CPE and reassembly is done in terminating CPE. Multiple packet formats or
protocols exist (e.g., x.25, x.75, frame relay, ATM, and IP).
"Parity" means the provision of non-discriminatory access to Interconnection, 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 manner" to that which CenturyLink provides to itself, its End User Customers, its
Affiliates or to any other party.
"Party" means either CenturyLink or CLEC and "Parties" means CenturyLink and CLEC.
"Performance Indicator Definitions" or "PIDs" shall have the meaning set forth in Exhibit B.
"Person" is a general term meaning an individual or association, corporation, firm, joint-stock
company, organization, partnership, trust or any other form or kind of entity.
"Physical Collocation" shall have the meaning set forth in Section 8.1.1.
"Plant Test Date" or "PTD" means the date acceptance testing is performed with CLEC.
"Point of Interface", "Point of Interconnection," or "POI" is a demarcation between the networks
of two (2) LECs (including a LEC and CLEC). The POI is that point where the exchange of
traffic takes place.
"Point of Presence" or "POP" means the Point of Presence of an IXC.
"Pole Attachment" shall have the meaning set forth in Section 10.8.1.
"Port" means a line or trunk connection point, including a line card and associated peripheral
equipment, on a Central Office Switch but does not include Switch features. The Port serves as
the hardware termination for line or Trunk Side facilities connected to the Central Office Switch.
Each Line Side Port is typically associated with one or more telephone numbers that serve as
the Customer's network address.
"POTS" means plain old telephone service.
"Power Spectral Density (PSD) Masks" are graphical templates that define the limits on signal
power densities across a range of frequencies to permit divergent technologies to coexist in
close proximity within the same Binder Groups.
"Premises" refers to CenturyLink's Central 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.
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"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.centurylink.com/wholesale/pcat/
"Project Coordinated Installation" allows CLEC to coordinate installation activity as prescribed in
Section 9.2.2.9.7, including out of hours coordination.
"Proof of Authorization" or "POA" shall consist of verification of the End User Customer's
selection and authorization adequate to document the End User Customer's selection of its local
service provider.
"Proprietary Information" shall have the same meaning as Confidential Information.
"Provider" means a service provider that offers services other than Telecommunications
Services and that provides Listings to CenturyLink for inclusion in the Directory Assistance
Database.
rovider Subscrib 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 Identification" or "Pseudo-ANI" is a number, consisting of the same
number of digits as ANI, that is not a NANP telephone directory number and may be used in
place of an ANI to convey special meaning, determined by agreements, as necessary, between
the system originating the call, intermediate systems handling and routing the call, and the
destination system.
"Public Safety Answering Point" or "PSAP" is the public safety communications center where
911/E911 calls for a specific geographic area are answered.
"Public Switched Network" includes all Switches and transmission facilities, whether by wire or
radio, provided by any Common Carrier including LECs, IXCs and CMRS providers that use the
NANP in connection with the provision of switched services.
"Rate Center" identifies 1) the specific geographic point identified by specific vertical and
horizontal (V&H) coordinates, which are used to measure distance sensitive End User
Customer traffic to/from the particular NPA-NXX designations with the specific Rate Center, and
2) the corresponding geographic area which is associated with one or more particular NPA-NXX
codes which have been assigned to a LEC for its provision of Telephone Exchange Service.
"Ready for Service" or "RFS" A Collocation job is considered to be Ready for Service when
CenturyLink has completed all operational work in accordance with CLEC Application and
makes functional space available to CLEC. Such work includes, but is not necessarily limited
to: DC power (fuses available, Battery Distribution Fuse Board (BDFB) is powered, and cables
between CLEC and power are terminated), cage enclosures, primary AC outlet, cable racking,
and circuit terminations (e.g., fiber jumpers are placed between the outside plant fiber
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distribution panel and the Central Office fiber distribution panel serving CLEC) and APOT/CFA
are complete, telephone service, and other services and facilities ordered by CLEC for
Provisioning by the RFS date.
"Records Issue Date" or "RID" means the date that all design and assignment information is
sent to the necessary service implementation groups.
"Remote Call Forwarding" or "RCF" means the INP method that redirects calls within the
telephone network. If an End User Customer changes its local service provider from one Party
to the other Party, using RCF, the old service provider's switch 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 provider's switch. The new
service provider then completes the routing of the call to its new End User Customer.
"Remote Premises" means all CenturyLink Premises, other than CenturyLink Wire Centers or
adjacent to CenturyLink Wire Centers. Such Remote Premises include controlled
environmental vaults, controlled environmental huts, cabinets, pedestals and other Remote
Terminals.
witch 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 umbilical from 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.
"Reserved Numbers" means those telephone numbers which are not in use but which are held
in reserve by a Carrier under a legally enforceable written agreement for a specific End User
Customer's future use.
"Route" is a transmission path between one of CenturyLink's Wire Centers or switches and
another of CenturyLink's Wire Centers or Switches. A route between two (2) points (e.g., Wire
Center or Switch "A" and Wire Center or Switch "Z") may pass through one (1) or more
intermediate Wire Centers or Switches (e.g., Wire Center or Switch "X"). Transmission paths
between identical end points (e.g., Wire Center or Switch "A" and Wire Center or Switch "Z") are
the same "route," irrespective of whether they pass through the same intermediate Wire Centers
or Switches, if any.
"Scheduled Issued Date" or "SID" means the date the order is entered into CenturyLink's order
distribution system.
"Selective Router" means the equipment necessary for Selective Routing.
"Selective Routing" is the automatic routing of 911/E911 calls to the PSAP that has jurisdictional
responsibility for the service address of the caller, irrespective of telephone company exchange
or Wire Center boundaries. Selective Routing may also be used for other services.
"Service Date" or "SD" means the date service is made available to the End User Customer.
This also is referred to as the "Due Date."
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"Service Provider Identification" or "SPID" is the number that identifies a service provider to the
relevant NPAC. The SPID may be a state-specific number.
"Serving Wire Center" denotes the CenturyLink building from which dial tone for local Exchange
Service would normally be provided to a particular End User Customer premises.
"Signaling System 7" or "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) Integrated Services Digital Network User Part (ISUP), which provides for transfer
of call setup signaling information between signaling points; and
4) Transaction Capabilities Application Part (TCAP), which provides for transfer of
non-circuit related information between signaling points.
"Special Request Process" or "SRP" shall have the meaning set forth in Exhibit F.
"Spectrum Compatibility" means the capability of two (2) copper loop transmission system
technologies to coexist in the same cable without service degradation and to operate
satisfactorily in the presence of cross talk noise from each other. Spectrum compatibility is
defined on a per twisted pair basis for specific well-defined transmission systems. For the
purposes of issues regarding Spectrum Compatibility, service degradation means the failure to
meet the Bit Error Ratio (BER) and Signal-to-Noise Ratio (SNR) margin requirements defined
for the specific transmission system for all Loop lengths, model Loops, or loss values within the
requirements for the specific transmission system.
"Splitter" means a device used in conjunction with a 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 Office/Tandem Switches.
"Switched Access Service" means the offering of transmission and switching services to
Interexchange Carriers for the purpose of the origination or termination of telephone toll service.
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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 Institute ("ANSI").
"Tariff" as used throughout this Agreement refers to CenturyLink interstate Tariffs and state
Tariffs, price lists, and price schedules.
"Technically Feasible" Interconnection, access to Unbundled Network Elements, Collocation,
and other methods of achieving Interconnection or access to Unbundled Network Elements at a
point in the network shall be deemed Technically Feasible absent technical or operational
concerns that prevent the fulfillment of a request by a Telecommunications Carrier for such
Interconnection, access, or methods. A determination of technical feasibility does not include
consideration of economic, accounting, 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
such Interconnection, access, or methods would result in specific and significant adverse
network reliability impacts.
"Telecommunications" means the transmission, between or among points specified by the user,
of information of the user's choosing, without change in the form or content of the information as
sent and received.
"Telecommunications Carrier" means any provider of Telecommunications Services, except that
such term does not include aggregators of Telecommunications Services (as defined in Section
226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the
Act only to the extent that it is engaged in providing Telecommunications Services, except that
the Federal Communications Commission shall determine whether the 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
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single exchange, and which is covered by the Exchange Service charge, or comparable service
provided through a system of Switches, transmission equipment or other facilities (or
combinations thereof) by which a subscriber can originate and terminate a Telecommunications
Service.
"TELRIC" means Total Element Long-Run Incremental Cost.
"Tier 1 Wire Centers" means those CenturyLink Wire Centers that contain at least four (4) Fiber-
based Collocators, at least thirty-eight thousand (38,000) Business Lines, or both. Tier 1 Wire
Centers also are those CenturyLink tandem switching locations that have no line-side switching
facilities, but nevertheless serve as a point of traffic aggregation accessible by CLEC. Once a
Wire Center is determined to be a Tier 1 Wire Center, that Wire Center is not subject to later
reclassification as a Tier 2 or Tier 3 Wire Center.
"Tier 2 Wire Centers" means those CenturyLink Wire Centers that are not Tier 1 Wire Centers,
but contain at least three (3) Fiber-based Collocators, at least twenty-four thousand (24,000)
Business Lines, or both. Once a Wire Center is determined to be a Tier 2 Wire Center, that
Wire Center is not subject to later reclassification as a Tier 3 Wire Center.
"Tier 3 Wire Centers" means those CenturyLink Wire Centers that do not meet the criteria for
Tier 1 or Tier 2 Wire Centers.
"Toll Free Service" means service provided with any dialing sequence that invokes Toll Free,
i.e., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free
Service 800/888/877/866 NPA SAC codes.
oIP-PSTN Traff is VoIP-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.g., pre-order inquiry and response are defined as
complimentary Transaction Sets. An example of a Transaction Set is service address validation
inquiry and service address validation response.
Transit S is any traffic that originates from one (1) Telecommunications Carrier's network
and/or its end user(s), transits another Telecommunications Carrier's network, and terminates to
yet another Telecommunications Carrier's network and/or its end user(s).
"Trouble Isolation Charge" see "Maintenance of Service."
"Trunk Side" refers to Switch connections that have been programmed to treat the circuit as
connected to another switching entity.
"Unbundled Network Element" ("UNE") is a Network Element that has been defined by the FCC
as a Network Element to which CenturyLink is obligated under Section 251(c)(3) of the Act to
provide unbundled access or for which unbundled access is provided under this Agreement.
Unbundled Network Elements do not include those Network Elements CenturyLink is obligated
to provide only pursuant to Section 271 of the Act.
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"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.
XX Traffi originated by a Party
dialing pattern that is not terminated to the nd 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.
oIP-PSTN es any traffic previously referred to in the Agree
IP Enabled Voice Traffic as traffic which is exchanged
between a CenturyLink end user and the CLEC end user in Time Division Multiplexing
format that originates and/or terminates in Internet Pro as determined in the
Order, and terminat d 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. It shall be presumed that all
substances or materials associated with such activities, that are not in use or incorporated into
structures (including without limitation damaged components or tools, leftovers, containers,
garbage, scrap, residues or by products), except for substances and materials that CLEC,
CenturyLink or their respective contractors or agents intend to use in their original form in
connection with similar activities, are Waste. Waste shall not include substances, materials or
components incorporated into structures (such as cable routes) even after such components or
structures are no longer 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 "WOT" 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 5.0 - TERMS AND CONDITIONS
5.1 General Provisions
5.1.1 Intentionally Left Blank.
5.1.2 The Parties are each solely responsible for participation in and compliance with
national network plans, including the National Network Security Plan and the Emergency
Preparedness Plan.
5.1.3 Neither Party shall use any service related to or use any of the services provided
in this Agreement in any manner that interferes with other Persons in the use of their service,
prevents other Persons from using their service, or otherwise impairs the quality of service to
other Carriers or to either Party's End User Customers. In addition, neither Party's provision of
or use of services shall interfere with the services related to or provided under this Agreement.
5.1.3.1 If such impairment is material and poses an immediate threat to the
safety of either Party's employees, Customers or the public or poses an immediate
threat of a service interruption, that Party shall provide immediate notice by email to the
other Party's designated representative(s) for the purposes of receiving such notification.
Such notice shall include 1) identification of the impairment (including the basis for
identifying the other Party's facilities as the cause of the impairment), 2) date and
location of the impairment, and 3) the proposed remedy for such impairment for any
affected service. Either Party may discontinue the specific service that violates the
provision or refuse to provide the same type of service if it reasonably appears that the
particular service would cause similar harm, until the violation of this provision has been
corrected to the reasonable satisfaction of that Party and the service shall be reinstituted
as soon as reasonably possible. The Parties shall work cooperatively and in good faith
to resolve their differences. In the event either 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 If the impairment is service impacting but does not meet the parameters
set forth in Section 5.1.3.1, such as low level noise or other interference, the other Party
shall provide written notice within five (5) Days of such impairment to the other Party and
such notice shall include the information set forth in subsection 5.1.3.1. The Parties
shall work cooperatively and in good faith to resolve their differences. If the impairment
has not been corrected or cannot be corrected within five (5) business days of receipt of
the notice of non-compliance, the other Party may pursue immediate resolution by
expedited or other Dispute Resolution.
5.1.3.3 If either Party causes non-service impacting impairment the other Party
shall provide written notice within fifteen (15) Days of the impairment to the other Party
and such notice shall include the information set forth in subsection 5.1.3.1. The Parties
shall work cooperatively and in good faith to resolve their differences. If either Party fails
to correct any such impairment within fifteen (15) Days of written notice, or if such non-
compliance cannot be corrected within fifteen (15) Days of written notice of non-
compliance, and if the impairing Party fails to take all appropriate steps to correct as
soon as reasonably possible, the other Party may pursue immediate resolution by
expedited or other Dispute Resolution.
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5.1.3.4 It 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 Carriers. 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 Term of Agreement
5.2.1 This Agreement shall become effective on the date of Commission Approval
ffective 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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5.3 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.
5.3.1.1 The End User Customer's electronic or written Letter of Authorization.
5.3.1.2 The End User Customer's electronic authorization by use of an 8XX
number.
5.3.1.3 The End User Customer's oral authorization verified by an independent
third party (with third party verification as POA).
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). If a Payment Due Date falls on a Sunday,
or on a holiday which is observed on a Monday, the payment date shall be the first non-holiday
day following such Sunday or holiday. If a Payment Due Date falls on a Saturday or on a
holiday which is observed on Tuesday, Wednesday, Thursday or Friday, the payment date shall
be the last non-holiday day preceding such Saturday or holiday. For invoices distributed
electronically, the date of invoice date is the same as if the invoice were billed on paper, not the
date the electronic delivery occurs. If either Party fails to make payment on or before the
Payment Due Date, the other Party may invoke all available rights and remedies.
5.4.2 One Party may discontinue processing orders for the failure of the other Party to
make full payment for the services, less any good faith disputed amount as provided for in
Section 5.4.4 of this Agreement, for the services provided under this Agreement within thirty
(30) Days following the payment due date provided the Billing Party has notified the other Party
in writing at least ten (10) business days prior to discontinuing the processing of orders for
services. If the 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. In
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.
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).
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In case of such disconnection, all applicable undisputed charges, including termination charges,
shall become due. If 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
this section. If 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. In 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 If a Party disputes charges and does not pay such charges by the
payment due date, such charges may be subject to late payment charges. If the
disputed charges have been withheld and the dispute is resolved in favor of the 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. If 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. If 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 If a Party pays the disputed charges and the dispute is resolved in favor
of the Billing Party, no further action is required. If a Party pays the charges disputed at
the time of payment or at any time thereafter pursuant to Section 5.4.4.3, and the
dispute is resolved in favor of the disputing Party, the 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) If 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. In no event, however, will any late payment charges be
assessed on any previously assessed late payment charges.
5.4.4.3 If the Billed Party fails to dispute a rate or charge within sixty (60) Days
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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. If 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.
5.4.6. In the event of a material change in C ition subsequent to the
Effective Date of this Agreement, Cen
ans 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
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. w e to CenturyLink are more than
thirty (30) Days past due; and/or
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 If any security deposit held by CenturyLink is applied as a credit toward payment
s due to CenturyLink, then CenturyLink may require CLEC to provide a new
deposit. If 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 Interest 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
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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.
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.
Whenever possible, these amounts shall be billed as a separate item on the invoice. To the
extent a sale is claimed to be for resale tax exemption, the purchasing Party shall furnish the
providing Party a proper resale tax exemption certificate as authorized or required by statute or
regulation by the jurisdiction providing said resale tax exemption. Until such time as a resale tax
exemption certificate is provided, no exemptions will be applied. If either Party (the Contesting
Party) contests the application of any tax collected by the other Party (the Collecting Party), the
Collecting Party shall reasonably cooperate in good faith with the Contesting Party's challenge,
provided that the Contesting Party pays any costs incurred by the Collecting Party. The
Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest,
provided that the Contesting Party is liable for and has paid the tax contested.
5.6 Insurance
5.6.1 Without limiting the liabilities or indemnification obligations of the Parties, each
Party will, at its own cost and expense, maintain during the term of this Agreement, such
insurance as required hereunder. The insurance coverage will be from a company, or
companies, -VII or better and authorized to do business in each
state where services are provided under this Agreement. Each Party may obtain all insurance
limits through any combination of primary and excess or umbrella liability insurance. Each Party
will require its subcontractors to maintain proper insurance applicable to the type and scope of
work to be performed under this Agreement.
5.6.1.1 Commercial General Liability with limits of not less than $1,000,000 per
occurrence and $2,000,000 aggregate for bodily injury, property damage and personal
and advertising injury liability insurance to include coverage for contractual and
products/completed operations liability;
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5.6.1.2 Business Auto liability, including all owned, non-owned and hired
automobiles, in an amount of not less than $1,000,000 combined single limit per
accident for bodily injury and property damage liability;
5.6.1.3 Workers Compensation with statutory limits applicable in each state
where the services are performed including Employer's Liability with limits of not less
than $1,000,000 per accident or disease; and
5.6.1.4 Umbrella or excess liability in an amount not less than $5,000,000 per
occurrence and aggregate in excess of the above-referenced Commercial General,
Business Auto and Employer's Liability; and
5.6.2 Each Party shall list the other Party, its affiliates, subsidiaries, and parent, as well
as the officers, directors, employees and agents of all such entities as additional insureds on the
policies described in subsections 5.6.1.1, 5.6.1.2 and 5.6.1.4 above. The coverage described in
Section 5.6.1.1 shall be primary and not contributory to insurance which may be maintained by
the other Party subject to Section 5.9 of this Agreement. Prior to commencement of services
under this Agreement, each Party will make available to the other Party evidence of the
insurance required herein. C evidence of insurance is available at
www.centurylink.com/moi.
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).
Inability 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. In the event of
a labor dispute or strike the Parties agree to provide service to each other at a level equivalent
to the level they provide themselves.
5.8 Limitation of 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,
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warranty, strict liability, tort, including (without limitation) negligence of any kind and regardless
of whether the Parties know the possibility that such damages could result. If the Parties enter
into a Performance Assurance Plan under this Agreement, nothing in this Section 5.8.2 shall
limit amounts due and owing under any Performance Assurance Plan.
5.8.3 Intentionally Left Blank.
5.8.4 Nothing contained in this Section shall limit either Party's liability to the other for
(i) 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 Indemnity
5.9.1 The Parties agree that unless otherwise specifically set forth in this Agreement
the following constitute the sole indemnification obligations between and among the Parties:
5.9.1.1 Each of the Parties agrees to release, indemnify, defend and hold
harmless the other Party and each of its officers, directors, employees and agents (each
an Indemnitee) 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 Indemnifying Party's breach of or failure to perform
under this Agreement, regardless of the form of action, whether in contract, warranty,
strict liability, or tort including (without limitation) negligence of any kind.
5.9.1.2 In the case of claims or loss alleged or incurred by an End User Customer
of either Party arising out of or in connection with services provided to the End User
Customer by the Party, the Party whose End User Customer alleged or incurred such
claims or loss (the Indemnifying Party) shall defend and indemnify the other Party and
each of its officers, directors, employees and agents (collectively the Indemnified Party)
against any and all such claims or loss by the Indemnifying Party's End User Customers
regardless of whether the underlying service was provided or Unbundled Network
Element was provisioned by the Indemnified Party, unless the loss was caused by the
willful misconduct of the Indemnified Party. The obligation to indemnify with respect to
claims of the Indemnifying Party's End User Customers shall not extend to any claims for
physical bodily injury or death of any Person or persons, or for loss, damage to, or
destruction of tangible property, whether or not owned by others, alleged to have
resulted directly from the negligence or intentional conduct of the employees,
contractors, agents, or other representatives of the Indemnified Party.
5.9.2 The indemnification provided herein shall be conditioned upon:
5.9.2.1 The Indemnified Party shall promptly notify the Indemnifying Party of any
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action taken against the Indemnified Party relating to the indemnification. Failure to so
notify the Indemnifying Party shall not relieve the Indemnifying Party of any liability that
the Indemnifying Party might have, except to the extent that such failure prejudices the
Indemnifying Party's ability to defend such claim.
5.9.2.2 If the Indemnifying Party wishes to defend against such action, it shall
give written notice to the Indemnified Party of acceptance of the defense of such action.
In such event, the Indemnifying Party shall have sole authority to defend any such
action, including the selection of legal counsel, and the Indemnified Party may engage
separate legal counsel only at its sole cost and expense. In the event that the
Indemnifying Party does not accept the defense of the action, the Indemnified Party shall
have the right to employ counsel for such defense at the expense of the Indemnifying
Party. Each Party agrees to cooperate with the other Party in the defense of any such
action and the relevant records of each Party shall be available to the other Party with
respect to any such defense.
5.9.2.3 In no event shall the Indemnifying Party settle or consent to any judgment
pertaining to any such action without the prior written consent of the Indemnified Party.
In the event the Indemnified Party withholds consent, the Indemnified Party may, at its
cost, take over such defense, provided that, in such event, the Indemnifying Party shall
not be responsible for, nor shall it be obligated to indemnify the relevant Indemnified
Party against, any cost or liability in excess of such refused compromise or settlement.
5.10 Intellectual Property
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 Interconnection and access to Telecommunications facilities and
services, nothing contained within this Agreement shall be construed as the grant of a license,
either express or implied, with respect to any patent, copyright, trade name, trade mark, service
mark, trade secret, or other proprietary interest or intellectual 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 Indemnifying Party) shall indemnify and
hold the other Party (the Indemnified Party) harmless from and against any loss, cost, expense
or liability arising out of a claim that the use of facilities of the Indemnifying Party or services
provided by the Indemnifying Party provided or used pursuant to the terms of this Agreement
misappropriates or otherwise violates the intellectual property rights of any third party. In
addition to being subject to the provisions of Section 5.9.2, the obligation for indemnification
recited in this paragraph shall not extend to infringement which results from (a) any combination
of the facilities or services of the Indemnifying Party with facilities or services of any other
Person (including the Indemnified Party but excluding the Indemnifying Party and any of its
Affiliates), which combination is not made by or at the direction of the Indemnifying Party or (b)
any modification made to the facilities or services of the Indemnifying Party by, on behalf of or at
the request of the Indemnified Party and not required by the Indemnifying Party. In the event of
any claim, the Indemnifying Party may, at its sole option (a) obtain the right for the Indemnified
Party to continue to use the facility or service; or (b) replace or modify the facility or service to
make such facility or service non-infringing. If the Indemnifying Party is not reasonably able to
obtain the right for continued use or to replace or modify the facility or service as provided in the
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preceding sentence and either (a) the facility or service is held to be infringing by a court of
competent jurisdiction or (b) the Indemnifying Party reasonably believes that the facility or
service will be held to infringe, the Indemnifying Party shall notify the Indemnified Party and the
Parties shall negotiate in good faith regarding reasonable modifications to this Agreement
necessary to (1) mitigate damage or comply with an injunction which may result from such
infringement or (2) allow cessation of further infringement. The Indemnifying Party may request
that the Indemnified Party take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting modifications to the 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 Intellectual Property Section, nothing in this
Agreement shall be construed as the grant of a license, either express or implied, with respect
to any patent, copyright, logo, trademark, trade name, trade secret or any other intellectual
property right now or hereafter owned, controlled or licensable by either Party. Neither 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 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 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.
5.10.7 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
agreement or license from disclosing to CLEC any relevant agreement or license, CenturyLink
shall immediately, within ten (10) business days (i) disclose so much of it as is not prohibited,
and (ii) exercise best efforts to cause the vendor, licensor or other beneficiary of the
confidentiality provisions to agree to disclosure of the remaining portions under terms and
conditions equivalent to those governing access by and disclosure to CenturyLink.
5.11 Warranties
5.11.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES
AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY
WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL
PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS," WITH ALL
FAULTS.
5.12 Assignment
5.12.1 Neither Party may assign or transfer (whether by operation of law or otherwise)
this Agreement (or any 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 In the event that CenturyLink transfers to any unaffiliated party exchanges
including End User Customers that CLEC serves in whole or in part through facilities or services
provided by CenturyLink under this Agreement, the transferee shall be deemed a successor to
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CenturyLink's responsibilities hereunder for a period of ninety (90) Days from notice to CLEC of
such transfer or until such later time as the Commission may direct pursuant to the
Commission's then applicable statutory authority to impose such responsibilities either as a
condition of the transfer or under such other state statutory authority as may give it such power.
In the event of such a proposed transfer, CenturyLink shall use its best efforts to facilitate
discussions between CLEC and the transferee with respect to transferee's assumption of
CenturyLink's obligations pursuant to the terms of this Agreement.
5.12.3 Nothing in this section is intended to restrict CLEC's rights to opt into
interconnection agreements under Section 252(i) of the Act and 47 C.F.R. § 51.809.
5.13 Default
5.13.1 If either Party defaults in the payment of any amount due hereunder, or if either
Party violates any other material provision of this Agreement, and such default or violation shall
continue for thirty (30) Days after written notice thereof, the other Party may seek relief in
accordance with the Dispute Resolution provision of this Agreement. The failure of either Party
to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not
be construed as a general waiver or relinquishment on its part of any such provision, but the
same shall, nevertheless, be and remain in full force and effect.
5.14 Disclaimer of Agency
5.14.1 Except for provisions herein expressly authorizing a Party to act for another,
nothing in this Agreement shall constitute a Party as a legal representative or agent of the other
Party, nor shall a Party have the right or authority to assume, create or incur any liability or any
obligation of any kind, express or implied, against or in the name or on behalf of the other Party
unless otherwise expressly permitted by such other Party. Except as otherwise expressly
provided in this Agreement, no Party undertakes to perform any obligation of the other 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 In 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. If 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.
In all other respects, this Agreement will stand as if such invalid or unenforceable provision had
not been a part hereof, and the remainder of this Agreement shall remain in full force and effect.
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
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at the time of delivery as "Confidential" or "Proprietary", or (iii) communicated and declared to
the receiving Party at the time of delivery, or by written notice given to the receiving Party within
ten (10) Days after delivery, to be "Confidential" or "Proprietary" (collectively referred to as
"Proprietary Information"), shall remain the property of the disclosing Party. A Party who
receives Proprietary Information via an oral communication may request written confirmation
that the material is Proprietary Information. A Party who delivers Proprietary Information via an
oral communication may request written confirmation that the Party receiving the information
understands that the material is Proprietary Information. Each Party shall have the right to
correct an inadvertent failure to identify information as Proprietary Information by giving written
notification within thirty (30) Days after the information is disclosed. The receiving Party shall
from that time forward, treat such information as Proprietary Information. To the extent
permitted by Applicable Law, either Party may disclose to the other proprietary or confidential
customer, technical or business information.
5.16.2 Upon request by the disclosing Party, the receiving Party shall return all tangible
copies of Proprietary Information, whether written, graphic or otherwise, except that the
receiving Party may retain one copy for archival purposes.
5.16.3 Each Party shall keep all of the other Party's Proprietary Information confidential
and will disclose it on a need to know basis only. Each Party shall use the other Party's
Proprietary Information only in connection with this Agreement and in accordance with
Applicable Law, including but not limited to, 47 U.S.C. § 222. In accordance with Section 222 of
the Act, when either Party receives or obtains Proprietary Information from the other Party for
purposes of providing any Telecommunications Services, that Party shall use such information
only for such purpose, and shall not use such information for its own marketing efforts. Neither
Party shall use the other Party's Proprietary Information for any other purpose except upon such
terms and conditions as may be agreed upon between the Parties in writing. Violations of these
obligations shall subject a Party's employees to disciplinary action up to and including
termination of employment. If either Party loses, or makes an unauthorized disclosure of, the
other Party's Proprietary Information, it 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 Information as:
a) was at the time of receipt already known to the receiving Party free of any
obligation to keep it confidential evidenced by written records prepared prior to delivery
by the disclosing Party; or
b) is or becomes publicly known through no wrongful act of the receiving 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 Information; or
e) is disclosed to a third Person by the disclosing Party without similar restrictions
on such third Person's rights; or
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f) is approved for release by written authorization of the disclosing Party; or
g) is required to be disclosed by the receiving Party pursuant to Applicable Law or
regulation provided that the receiving Party shall give sufficient notice of the requirement
to the disclosing Party to enable the disclosing Party to seek protective orders.
5.16.5 Nothing herein is intended to prohibit a Party from supplying factual information
about its network and Telecommunications Services on or connected to its network to regulatory
agencies including the Federal Communications Commission and the Commission so long as
any confidential obligation is protected. In addition either Party shall have the right to disclose
Proprietary Information to any mediator, arbitrator, state or federal regulatory body, the
Department of Justice or any court in the conduct of any proceeding arising under or relating in
any way to this Agreement or the conduct of either Party in connection with this Agreement,
including without limitation the approval of this Agreement, or in any proceedings concerning the
provision of InterLATA services by CenturyLink that are or may be required by the Act. The
Parties agree to cooperate with each other in order to seek appropriate protection or treatment
of such Proprietary Information pursuant to an appropriate protective order in any such
proceeding.
5.16.6 Effective Date of this Section. Notwithstanding any other provision of this
Agreement, the Proprietary Information provisions of this Agreement shall apply to all
information furnished by either Party to the other in furtherance of the purpose of this
Agreement, even if furnished before the Effective Date.
5.16.7 Each Party agrees that the disclosing Party could be irreparably injured by a
breach of the confidentiality obligations of this Agreement by the receiving 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 Information or its obligations with respect to the other Party's Proprietary
Information under Section 222 of the Act.
5.16.9 Forecasts provided by either Party to the other Party shall be deemed
Confidential Information and the Parties may not distribute, disclose or reveal, in any form, this
material other than as allowed and described in subsections 5.16.9.1 and 5.16.9.2.
5.16.9.1 The Parties may disclose, on a need to know basis only, CLEC individual
forecasts and forecasting information disclosed by CenturyLink, to CenturyLink's legal
personnel in connection with their representation of CenturyLink in any dispute regarding
the quality or timeliness of the forecast as it relates to any reason for which CLEC
provided it to CenturyLink under this Agreement, as well as to CLEC's wholesale
account managers, wholesale LIS and Collocation product managers, network and
growth planning personnel responsible for preparing or responding to such forecasts or
forecasting information. In no case shall retail marketing, sales or strategic planning
have access to this forecasting information. The Parties will inform all of the
aforementioned personnel with access to such Confidential Information, of its
confidential nature and will require personnel to execute a nondisclosure agreement
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which states that, upon threat of termination, the aforementioned personnel may not
reveal or discuss such information with those not authorized to receive it except as
specifically authorized by law. Violations of these requirements shall subject the
personnel to disciplinary action up to and including termination of employment.
5.16.9.1.1 Upon the specific order of the Commission, CenturyLink may
provide the forecast information that CLEC has made available to CenturyLink
under this Agreement, provided that CenturyLink shall first initiate any
procedures necessary to protect the confidentiality and to prevent the public
release of the information pending any applicable Commission procedures and
further provided that CenturyLink provides such notice as the Commission directs
to CLEC involved, in order to allow it to prosecute such procedures to their
completion.
5.16.9.2 The Parties shall maintain confidential forecasting information in secure
files and locations such that access to the forecasts is limited to the personnel
designated in subsection 5.16.9.1 above and such that no other personnel have
computer access to such information.
5.17 Survival
5.17.1 Any liabilities or obligations of a Party for acts or omissions prior to the
termination of this Agreement, and any obligation of a Party under the provisions regarding
indemnification, Confidential or Proprietary Information, limitations of liability, and any other
provisions of this Agreement which, by their terms, are contemplated to survive (or to be
performed after) termination of this Agreement, shall survive cancellation or termination hereof.
5.18 Dispute Resolution
5.18.1 The Parties 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 Information (Confidential
Information) 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 If the designated representatives have not reached a resolution of the dispute
within fifteen (15) Days after the written notice (or such longer period as agreed to in writing by
the Parties), then either Party may commence an action which will be brought before the
Commission or the FCC. If the claims are not within the jurisdiction or the scope of the statutory
authority of the Commission or the FCC, or if the Party commencing the action seeks a
judgment for money damages, including, but not limited to, payment of amounts billed, any
action will be brought in the United States District Court for the District of Colorado if it has
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subject matter jurisdiction over the action, and if not, in the Denver District Court for the State of
Colorado. The Parties agree that such courts have personal jurisdiction over them.
5.18.3 Waiver of Jury Trial and Class Action. Each Party, to the extent permitted by
law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to
pursue any claim or action arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
5.18.4 No cause of action, including disputes raised pursuant to Section 5.4.4,
regardless of the form, arising out of or relating to this Agreement, may be brought by either
Party more than two (2) years after the cause of action arises.
5.19 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 Idaho. It shall be interpreted solely in
accordance with applicable federal law and the state law of Idaho.
5.20 Responsibility for Environmental Contamination
5.20.1 Neither Party shall be liable to the other for any costs whatsoever resulting from
the presence or release of any Environmental Hazard that either Party did not introduce to the
affected Work Location. Both Parties shall defend and hold harmless the other, its officers,
directors and employees from and against any losses, damages, claims, demands, suits,
liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of
or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents
introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for
which the Indemnifying Party is responsible under Applicable Law.
5.20.2 In the event any suspect materials within CenturyLink-owned, operated or leased
facilities are identified to be asbestos containing, CLEC 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.
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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:
CenturyLink:
Director Sales Support
Email: [e-mail]
Phone: [phone]

With copy to CenturyLink at the address shown below:

CenturyLink Legal Department
Wholesale Interconnection
1025 Eldorado Blvd, Interlocken 2000
Broomfield, CO 80021-8254
Phone: [phone]
Email: [e-mail]

and with a copy to CLEC at the address shown below:

Earthgrid PBC
Troy Helming, CEO
2625 Alcatraz Ave. #111
Berkeley, CA 94705
Email: [e-mail]
Phone: [phone]

If personal delivery is selected to give notice, a receipt acknowledging such delivery must be
obtained. Each Party shall inform the other of any change in the above contact Person and/or
address using the method of notice called for in this Section 5.21.

5.22 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.
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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 Intentionally Left Blank
5.25 Publicity
5.25.1 Neither Party shall publish or use any publicity materials with respect to the
execution and delivery or existence of this Agreement without the prior written approval of the
other Party. Nothing in this section shall limit a Party's ability to issue public statements with
respect to regulatory or judicial proceedings.
5.26 Executed in 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 Party shall
indemnify and hold the other Party harmless from any and all penalties imposed upon the other
Party for such noncompliance and shall at the non-compliant Party's sole cost and expense,
modify or replace any equipment, facilities or services provided to the other Party under this
Agreement to ensure that such equipment, facilities and services fully comply with CALEA.
5.29 Cooperation
5.29.1 The Parties agree that this Agreement involves the provision of CenturyLink
services in ways such services were not previously available and the introduction of new
processes and procedures to provide and 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.
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5.30 Amendments
5.30.1 Either Party may request an amendment to this Agreement at any time by
providing to the other Party in writing information about the desired amendment and proposed
language changes. If the Parties have not reached agreement on the requested amendment
within sixty (60) Days after receipt of the request, either Party may pursue resolution of the
amendment through the Dispute Resolution provisions of this Agreement.
5.30.2 Intentionally Left Blank.
5.30.3 The provisions of this Agreement, including the provisions of this sentence, may
not be amended, modified or supplemented, and waivers or consents to departures from the
provisions of this Agreement may not be given without the written consent thereto by both
Parties' authorized representative. No waiver by any party of any default, misrepresentation, or
breach of warranty or covenant hereunder, whether intentional or not, 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.
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.

Section 6
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Section 6.0 INTENTIONALLY LEFT BLANK

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Section 7.0 INTERCONNECTION
7.1 Interconnection Facility Options
7.1.1 This section describes the Interconnection of CenturyLink's network and CLEC's
network for the purpose of exchanging Exchange Service (EAS/Local traffic), IntraLATA LEC
Toll and Jointly Provided Switched Access traffic. Intercarrier 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 (c)(2), or 251 (c)(3) of the Act, may offer information services through the same
arrangement, so long as it is offering Telecommunications Services through the same
arrangement(s) as well. Enhanced or information service providers (prov ation
erm is defined in 47 U.S.C. § 153 (20)) that do not also provide domestic or
international telecommunications are not Telecommunications Carriers as defined by the Act
and thus may not interconnect under this Agreement. CenturyLink will provide Interconnection
at any Technically Feasible point within its network, including but not limited to, (i) the Line Side
of a local Switch (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 Interconnection
at points (i), (iv), and (v), although some aspects of these Interconnection points are described
in Section 7. "Interconnection" is as described in the Act and refers, in this section of the
Agreement, to the connection between networks for the purpose of transmission and routing of
Telephone Exchange Service traffic and IntraLATA LEC Toll traffic at points (ii) and (iii)
described above. Interconnection, which CenturyLink currently names "Local Interconnection
Service" (LIS), 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 Interconnection at least equal in quality
to that provided to itself, to any subsidiary, Affiliate, or any other party to which it
provides Interconnection. Notwithstanding specific language in other sections of this
Agreement, all provisions of this Agreement regarding Interconnection are subject to this
requirement. CenturyLink will provide Interconnection under rates, terms and conditions
that are just, reasonable and non-discriminatory. In addition, CenturyLink shall comply
with all state wholesale and retail service quality requirements.
7.1.2 Methods of Interconnection
The Parties will negotiate the facilities arrangement used to interconnect their respective
networks. CLEC shall establish at least one (1) physical Point of Interconnection in CenturyLink
territory in each LATA CLEC has local End User Customers. CLEC represents and warrants
that it is serving End User Customers physically located within each local 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 Interconnection 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 Interconnection via
the Bona Fide Request (BFR) process unless a particular arrangement has been previously
provided to a third party, or is offered by CenturyLink as a product.
7.1.2.1 CenturyLink-provided Facility. Interconnection may be accomplished
through the provision of a DS1 or DS3 Entrance Facility of CLEC's determination. An
Entrance Facility extends from the CenturyLink Serving Wire Center to CLEC's Switch
location or any Technically Feasible POI chosen by CLEC. CenturyLink-provided
Entrance Facilities may not extend beyond the area served by the CenturyLink Serving
Wire Center. The rates for CenturyLink-provided Entrance Facilities are provided in
Exhibit A. CenturyLink's private line transport service is available as an alternative to
CenturyLink-provided Entrance Facilities, when CLEC uses such private line transport
service for multiple services. Entrance Facilities may not be used for Interconnection
with Unbundled Network Elements.
7.1.2.2 Collocation. Interconnection may be accomplished through the
Collocation arrangements offered by CenturyLink. The terms and conditions under
which Collocation will be available are described in Section 8 of this Agreement.
7.1.2.2.1 Expanded Interconnection Channel Termination (EICT) provides
the communication path that actually connects the physical space or in the case
of virtual collocation, the designated equipment to CenturyLink's direct trunked
transport and must be ordered to provision LIS to a collocation.
7.1.2.3 Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point of
Interface, limited to the Interconnection of facilities between the CenturyLink Serving
Wire Center location and the location of the CLEC switch or other equipment located
within the area served by the CenturyLink Serving Wire Center. The actual physical
Point of Interface and facilities used will be subject to negotiations between the Parties.
Each Party will be responsible for its portion of the build to the Mid-Span Meet POI. The
Mid-Span Meet POI will be used exclusively as an Interconnection facility and cannot be
used for other purposes such as Unbundled Network Elements or Access Services.
7.1.2.4 Intentionally Left Blank.
7.1.2.5 CenturyLink agrees to provide local Interconnection trunk diversity to the
same extent it does so in CenturyLink's local network.
7.2 Exchange of Traffic
7.2.1 Description
7.2.1.1 This Section 7.2 addresses the exchange of traffic between CLEC's
network and CenturyLink's network. Where either Party interconnects and delivers
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:
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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 IntraLATA 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 Interexchange 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) 911/E911;
c) Operator Busy Line Verify/Busy Line Interrupt;
d) Toll Free Services; and
e) ISP-Bound traffic.
7.2.1.3 Local VoIP-PSTN Traffic and Toll VoIP-PSTN Traffic may be exchanged
under this Agreement.

7.2.1.3.1 Switched Access Traffic, including but not limited to InterLATA
Traffic, other than Toll VoIP-PSTN Traffic or Jointly Provided Switched Access
Traffic, may not be exchanged under this Agreement. In the event CLEC routes
InterLATA 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 (EAS/Local) Traffic
7.2.2.1.1 Exchange Service (EAS/Local) traffic will be terminated as Local
Interconnection Service (LIS).
7.2.2.1.2 As negotiated between the Parties, the transport of Exchange
Service (EAS/Local) traffic may occur in several ways:
7.2.2.1.2.1 One-way or two-way trunk groups may be established.
However, if either Party elects to provision its own one-way trunks for
delivery of Exchange Service (EAS/Local) 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 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 If direct trunked transport is greater than fifty (50) miles in
length, and existing facilities are not available in either Party's network, and the
Parties have not been able to resolve the issue through Mid-Span Meet
arrangements, and the Parties cannot agree as to which Party will provide the
facility, the Parties may bring the matter before the Commission for resolution on
an Individual Case Basis.
7.2.2.1.6 Regardless of the number of Location Routing Numbers (LRNs)
used by CLEC in a LATA, CenturyLink will route traffic destined for CLEC's End
User Customers via direct trunking where direct trunking has been established.
In the event that direct trunking has not been established, such traffic shall be
routed via a CenturyLink Tandem Switch.
7.2.2.2 IntraLATA LEC Toll Traffic
7.2.2.2.1 One-way or two-way trunk groups may be established.
However, if either Party elects to provision its own one-way trunks for delivery of
IntraLATA LEC Toll traffic to be terminated on the other Party's network, the
ordering Party will provision its own one-way trunks. The Party ordering one-way
trunks will choose the POI location for such one-way trunks. IntraLATA 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 b network
and/or its end user(s) for termination to other Telecommunications Ca
network and/or its end users that is connected to CenturyLink's Switch.
CenturyLink will also terminate traffic from these other Telecommunications
Carr network and/or its end users to CLEC network and/or its end users.
For purposes of the Agreement, transit traffic does not include traffic carried by
Interexchange Carriers. That traffic is defined as Jointly Provided Switched
Access.
7.2.2.3.2 The Parties involved in transporting transit traffic will deliver calls
to each involved network with CCS/SS7 protocol and the appropriate ISUP/TCAP
messages to facilitate full Interoperability 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 traffic exchange agreements with third party
Telecommunications Carriers prior to delivering traffic to be transited to third
party Telecommunications Carriers. In the event one Party originates traffic that
transits the second etwork 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 attorney's fees and expenses. In the case of IntraLATA LEC Toll
traffic where CenturyLink is the designated IntraLATA Toll provider for existing
LECs, CenturyLink will be responsible for payment of appropriate usage rates.
7.2.2.3.4 When CenturyLink receives an unqueried call from CLEC to a
telephone number that has been ported to another local services provider, the
transit rate will apply in addition to any query rates.
7.2.2.3.5 In 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. In 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 IXCs subtending any
Access Tandem Switches to which CLEC directly connects. This type of traffic is
discussed separately in this section.
7.2.2.5 Interface Code Availability. Supervisory signaling specifications, and the
applicable network channel interface codes for LIS trunks can be found in the
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CenturyLink Technical Publication for Local Interconnection 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 Intrastate and/or FCC
Access Tariffs or from a third party signaling provider. Each of the Parties,
CenturyLink and CLEC, will provide for Interconnection of their signaling network
for the mutual exchange of signaling information in accordance with the industry
standards as described in Telcordia now iconectiv 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 Interconnection Service (LIS) minutes
begins when the terminating LIS entry Switch receives answer supervision from the
called End User Customer'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 Interconnection, 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 The forecast will identify trunking requirements for a two (2) year
period.
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 Section 7.2.2.1.3.
7.2.2.8.6 Intentionally 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 Interconnection 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 Interconnection traffic. CenturyLink shall also provide a report
reflecting then current blocking of local direct and alternate final trunk groups,
Interconnection and non-Interconnection alike. CLEC will be provided
Interconnection trunk group data on its own trunks. CenturyLink shall also
provide a report reflecting Tandem Switch routed Interconnection trunking that
has exceeded 512BHCCS. The information is Proprietary, provided under non-
disclosure and is to be used solely for Interconnection network planning.
7.2.2.8.8 In addition to the above information, CLEC shall provide:
a) Completed CenturyLink LIS Trunk Forecast Forms; and
b) Any planned use of an alternate Tandem Switch provider.
7.2.2.8.9 In addition to the above information, the following information
will be available through the Local Exchange Routing Guide. The LERG is
available through Telcordia now iconectiv.
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.g., ISDN deployment, 64 CCC, etc.) shall be
provided on CenturyLink's web site, http://www.centurylink.com/disclosures.
7.2.2.8.11 When 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
Information and the Parties may not distribute, disclose or reveal, in any
form, this material other than as allowed and described in subsections
5.16.9.1 and 5.16.9.2.
7.2.2.8.13 To the extent that C ical 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%) excess
capacity. Ancillary trunk groups are excluded from this treatment.
7.2.2.8.14 Intentionally Left Blank.
7.2.2.8.15 Each Party shall provide a specified point of contact for
planning, forecasting and trunk servicing purposes.
7.2.2.8.16 Interconnection facilities provided on a route that involves
extraordinary circumstances may be subject to the Construction Charges, as
detailed in Section 19 of this Agreement. When CenturyLink claims extraordinary
circumstances exist, it must apply to the Commission for approval of such
charges by showing that CLEC alone is the sole cause of such construction.
CenturyLink shall initiate such proceeding within ten (10) Days of notifying CLEC
in writing that it will not construct the requested facilities, or within ten (10) Days
of notice from CLEC in writing that CenturyLink must either commence
construction of the facilities or initiate such proceeding with the Commission. In
this proceeding, CenturyLink shall not object to using the most expeditious
procedure available under state law, rule or regulation. CenturyLink shall be
relieved of its obligation of constructing such facilities during the pendency of the
proceeding before the Commission. If the Commission approves such charges,
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 Interconnection facilities that
meet the same technical criteria and service standards, such as probability of
blocking in peak hours and transmission standards, in accordance with current
industry standards.
7.2.2.9.1.1 CenturyLink shall provide monthly reports to CLEC on all
Interconnection trunk groups and quarterly reports on all 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 Intentionally 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) 911/E911 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,
IntraLATA LEC Toll, and Jointly Provided Switched Access may be
combined in a single LIS trunk group at access tandems as appropriate
per Section 7.2.2.9.6. Jointly Provided Switched Access may, upon
request, be routed on a separate LIS trunk group with all other traffic
combined on the other trunk group at access tandems as appropriate per
Section 7.2.2.9.6.
7.2.2.9.4 Trunks will be ordered in increments of DS1 for exchange of
EAS/Local, and IntraLATA Toll/Jointly Provided Switched Access traffic.
Directory Assistance, 911/E911, operator Busy Line Interrupt 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) When the Parties interconnect via CCS for Jointly Provided
Switched Access Service, the Tandem Switch provider will provide
MF/CCS interworking as required for Interconnection with Interexchange
Carriers who use MF signaling.
7.2.2.9.6 CLEC may interconnect at either the CenturyLink local Tandem
Switch or the CenturyLink Access Tandem Switch for the delivery of local
exchange traffic. When CLEC is interconnected at the Access Tandem Switch
and where there would be a DS1's worth of local traffic (512 BHCCS) between
CLEC's Switch and those CenturyLink End 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 Interconnection for the
exchange of local traffic at CenturyLink's Access Tandem Switch without
requiring Interconnection 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. If CLEC has a LIS arrangement which
provides two (2) paths to a CenturyLink End Office 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 offered first to the direct trunk group (also
referred to as the "primary high" route) and then overflow to the Tandem Switch
group (also referred to as the "alternate final" route) for completion to
CenturyLink End 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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7.2.2.10.2.1 LIS Acceptance Testing is provided where
equipment is available, with the following test lines: seven-digit access to
balance (100 type), 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 In addition to LIS acceptance testing, other tests are
available (e.g., additional cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled
testing, and non-scheduled testing). Charges for such testing are
identified in Section 7.3.5.
7.2.2.10.3 Repair Testing. At the time of repair 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. Where required, the mileage measurement for
LIS rate elements is determined in the same manner as the mileage measurement for
V&H methodology as outlined in NECA Tariff No. 4.
7.3 Intercarrier Compensation
7.3.1 Interconnection Facility Options
The Intercarrier Compensation provisions of this Agreement shall apply to the exchange of
Exchange Service (EAS/Local) traffic between CLEC's network and CenturyLink's network.
Where either Party acts as an IntraLATA 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
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 LIS.
7.3.1.1.2 If CLEC chooses to provision LIS facilities over an existing
facility purchased as private line transport service from the CenturyLink state or
FCC access Tariffs, the rates from those Tariffs will apply.
7.3.1.1.3 If the Parties elect to establish LIS two-way trunks, for reciprocal
exchange of Exchange Service (EAS/Local) 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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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 traffic 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-ISP-Bound traffic to
substantiate a change in that factor. For purposes of determining the
relative use factor, the terminating carrier is responsible for ISP-Bound
traffic and for VNXX traffic. If either Party demonstrates with traffic data
that actual minutes of use during the previous quarter justifies a new
relative use factor, that 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.

7.3.1.2 Collocation
7.3.1.2.1 See Section 8.
7.3.2 Direct Trunked Transport
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 DS0 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
IntraLATA LEC Toll, or Jointly Provided Switched Access traffic, the applicable
DTT rate elements apply between the Serving Wire Center and the Tandem
Switch. These rates are described below.
7.3.2.1.3 Mileage shall be measured for DTT based on V&H coordinates
between the Serving Wire Center and the local/Access Tandem Switch or End
Office Switch.
7.3.2.1.4 Fixed Charges per DS0, DS1 or DS3 and per mile charges are
defined for DTT in Exhibit A of this Agreement.
7.3.2.2 If the Parties elect to establish LIS two-way DTT trunks, for reciprocal
exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way DTT
facilities shall be shared among the Parties by reducing the LIS two-way DTT rate
element charges as follows:
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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 (50%) for a minimum of one (1) quarter if the Parties have not
exchanged LIS traffic previously. The nominal charge to the other Party for the
use of the DTT facility, as described in Exhibit A, shall be reduced by this initial
relative use factor. Payments by the other Party 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-ISP-Bound traffic to
substantiate a change in that factor. For purposes of determining the relative use
factor, the terminating carrier is responsible for ISP-Bound traffic and for VNXX
traffic. If either Party demonstrates with traffic data that actual minutes of use
during the previous quarter justifies a new relative use factor, that 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 is
interstate in nature. CenturyLink has never agreed to exchange VNXX traffic
with CLEC.
7.3.2.3 Multiplexing options (DS1/DS3 MUX or DS0/DS1 MUX) are available at
the rates specified in Exhibit A.
7.3.3 Trunk Nonrecurring charges
7.3.3.1 Installation nonrecurring charges may be assessed by the provider for
each LIS trunk ordered. CenturyLink rates are specified in Exhibit A.
7.3.3.2 Nonrecurring charges for rearrangement may be assessed by the
provider for each LIS trunk rearrangement ordered, at one-half (1/2) the rates specified
in Exhibit A.

7.3.4 Exchange Service (EAS/Local) Traffic
7.3.4.1 End Office Switch Call Termination
7.3.4.1.1 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 Intentionally Left Blank
7.3.4.1.3 Intentionally Left Blank.
7.3.4.1.4 Neither Party shall be responsible to the other for call
termination charges associated with third party traffic that transits such Party's
network.
7.3.4.2 Tandem Switched Transport
7.3.4.2.1 Tandem switching compensation will be on a bill and keep
basis, with no compensation exchanged between the Parties.
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7.3.4.2.2 Intentionally Left Blank
7.3.4.2.3 Intentionally 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.
7.3.5 Miscellaneous Charges
Miscellaneous Charges apply for the following miscellaneous services when provided with LIS
trunks. Exhibit A includes a reference to the Tariff, catalog, price list, or other similar document
that provides the amount of each Miscellaneous Charge.
7.3.5.1 Cancellation charges apply to cancelled LIS trunk orders based upon
critical dates, terms and conditions in accordance with the Access Service Tariff Section
5.2.3 and trunk nonrecurring charges referenced in this Agreement.
7.3.5.2 Expedite requests for LIS trunk orders are available. Expedites are
requests for intervals that are shorter than the interval defined in CenturyLink's Service
Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates. When expedites are
approved, expedite charges apply per order for every day that the Due Date interval is
shortened, based on the standard interval in the SIG or based on ICB criteria for Due
Dates. Expedite charges apply to LIS trunk orders based on the rates described in
Exhibit A.
7.3.5.2.1 CLEC 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 Intentionally Left Blank
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7.3.6.3 Intentionally Left Blank.
7.3.6.4 The CLEC is responsible for any payments or charges due for one-way
facilities and/or trunking provisioned solely for CenturyLink-originated ISP-Bound traffic.
7.3.7 Transit 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 Incumbent 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.g., 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 Information 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 t
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 Interconnection trunks. If either
Party fails to provide valid originating information such traffic will be billed as Intrastate 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 VoIP-PSTN Traffic

7.3.9.1 Local VoIP-PSTN Traffic

7.3.9.1.1 CLEC and CenturyLink will exchange Local VoIP-PSTN Traffic on the
same basis and at the same rates as Exchange Service (EAS/Local) Traffic and
such Local VoIP-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
call jurisdiction 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.

7.3.9.2 Toll VoIP-PSTN Traffic

7.3.9.2.1 CLEC and CenturyLink will exchange Toll VoIP-PSTN Traffic at rates
identified in e access tariff. Such Toll VoIP-PSTN Traffic
will be identified as InterLATA Traffic or IntraLATA Toll Traffic by using the
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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 call jurisdiction 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 InterLATA Traffic which is Toll VoIP-PSTN Traffic will be
exchanged at each P nterstate access tariff rates. Any Transit
Traffic which is both interLATA and Toll VoIP-PSTN will be exchanged at
each ccess service rates. InterLATA Traffic
which is not Toll VoIP-PSTN Traffic shall be subject to 7.2.1.3.1.

7.3.9.2.1.2 IntraLATA Toll Traffic which is Toll VoIP-PSTN Traffic will
continue to be exchanged at each Par intrastate access tariff rates.

7.3.9.2.1.3 The portion of LIS facilities used for Toll VoIP-PSTN
Traffic will be billed at Century ate access tariff rates after the
application of Relative Use Factor. CenturyLink will use the Local
Interconnection Service Facilities Percent VoIP Usage (LIS-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 VoIP-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
termination which is Toll VoIP-PSTN Traffic. The LIS-Facility-PVU
factor shall be based on information such as the number of the
iptions in the state (e.g. as reported on
FCC Form 477), traffic 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 LIS, the ordering Party shall specify requirements on the Access
Service Request (ASR): 1) the type and number of Interconnection facilities to terminate at the
Point of Interconnection in the Serving Wire Center; 2) the type of interoffice transport, (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
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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
Interface 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 NXX will be routed. Information that is not currently
available in the LERG may be provided via the NPA NXX Code Request Routing Form available
on the CenturyLink web site:
http://www.centurylink.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 DS1 facility required and identify the channels of the DS3 to be
used to provide connecting facility assignments (CFA). Also, if either Party has provided or
ordered a DS1 Entrance Facility or private line facility, that Party will be responsible for
identification of the DS0 channels of the DS1 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 If CLEC uses a method of interconnection of one POI in the LATA or the access
tandem for local traffic in accordance with Section 7.1.2 and/or 7.2.2.9.6, CenturyLink and
CLEC configuration in order to ensure correct and
complete ASR ordering.
7.4.6 Service intervals and Due Dates for initial establishment of trunking
arrangements at each new Switch location of Interconnection between the Parties will be
determined on an Individual Case Basis.
7.4.7 CenturyLink 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. If the ordering Party is unable to accept service within thirty (30) Days after
the Service Date, the provider has the following options:
a) The order 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.
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c) Billing for the service will commence.
In such instances, the cancellation date or the date Billing is to commence, depending on which
option is selected, will be the 31st Day after the Service Date.
7.5 Jointly Provided Switched Access Services
7.5.1 Jointly Provided Switched Access Service is described and governed by the FCC
and state access Tariffs, Multiple Exchange Carrier Access Billing (MECAB) and Multiple
Exchange Carrier Ordering and Design (MECOD) Guidelines and based on LERG routing, and
is not modified by any provisions of this Agreement. Both Parties agree to comply with such
guidelines. CenturyLink and CLEC agree that the originating, intermediate, and terminating
LECs for switched access 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
IXCs. 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 4 Tariff.
7.5.3 The ATIS Network Interconnection Interoperability Forum (NIIF) recommended
methodologies must be adhered to by all Local Exchange Carriers (LECs) to provide timely
notification to the industry of changes in their access network architecture.

7.5.3.1 The ATIS document is titled Recommended Notification Procedures to
Industry for Changes in Access Network Architecture.

7.5.4 CenturyLink and CLEC will each render a separate bill to the IXC, 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 Interexchange Carrier for Jointly Provided Switched Access Services and 8XX
database queries. The charge for each record created and transmitted is listed in Exhibit A of
this Agreement.
7.6 Transit Records
7.6.1 CenturyLink and CLEC will exchange wireline network usage data originated by
a wireline Local Exchange Carrier (LEC) where the NXX resides in a wireline LEC Switch,
transits CenturyLink's network, and terminates to CLEC's network when Technically Feasible
and commercially reasonable. Each Party agrees to provide to the other this wireline network
usage data when CenturyLink or CLEC acts as a transit provider currently or in the future. The
Parties understand that this information is Carrier protected information under Section 222 of
the Telecommunications Act and shall be used solely for the purposes of 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:
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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 Interconnection Data Exchange for Billing
7.7.1 There are certain types of calls or types of Interconnection 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.
7.7.2 The exchange of Billing records for alternate billed calls (e.g., 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 Inter-Company Settlements (ICS) 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-ICS revenue is defined as IntraLATA collect calls, calling card calls, and
billed to third number calls which originate on one (1) service provider's 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-ICS revenue.
This separate arrangement is necessary since existing CATS processes do not permit the use
of CATS for non-ICS revenue. The Parties agree that current message distribution processes,
including the 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 IntraLATA Toll Free
Service provider, thus permitting the service provider to bill its End User Customers for the
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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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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 services or Interconnection. Collocation includes the leasing to
CLEC of physical space in CenturyLink Premises, as well as the resources necessary for the
operation and economical use of collocated equipment, such as the use by CLEC of power;
heating, ventilation and air conditioning (HVAC); and cabling in CenturyLink's Premises.
Collocation also allows CLEC to access Interconnection Distribution Frames (ICDF) for the
purpose of accessing and combining Unbundled Network Elements and accessing ancillary
services. There are currently nine (9) standard types of Collocation available pursuant to this
Agreement Virtual, Caged Physical, Shared Caged Physical, Cageless Physical,
Interconnection Distribution Frame, Adjacent, Common Area Splitter, Remote and Facility
Connected. Other types of Collocation may be requested through the BFR process.
8.1.1.1 Virtual Collocation -- A Virtual Collocation arrangement requires CLEC to
purchase and deliver to CenturyLink CLEC's own equipment for CenturyLink to install,
repair, and maintain in CenturyLink's Premises. CLEC does not have physical access to
its virtually collocated equipment in the CenturyLink Premises.
8.1.1.2 Caged Physical Collocation -- allows CLEC to lease caged floor space for
placement of its equipment within CenturyLink's Premises for the purpose of
interconnecting with CenturyLink Finished Services or accessing Unbundled Network
Elements. CLEC is responsible for the procurement, installation and on-going
maintenance of its equipment as well as the Cross Connections required within the
cage.
8.1.1.3 Cageless Physical Collocation -- is a non-caged area within a
CenturyLink Premises. In Wire Centers, space will be made available in single frame
bay increments. In Wire Centers, the current minimum square footage is nine (9) square
feet per bay, however, if smaller bays are or become available, CenturyLink 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 Interconnection Agreement, and another
CLEC, pursuant to the terms of its Interconnection Agreement, may share use of that
space, in accordance to terms and conditions of a sublease agreement between the two
(2) CLECs. Shared Collocation may also be established through joint Application by
CLECs in which CenturyLink will have a separate Billing relationship with each applicant
and 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. In addition, if
two (2) or more CLECs who have Interconnection Agreements with CenturyLink utilize a
Shared Collocation arrangement, CenturyLink shall permit each CLEC to order UNEs to
and provision service from that Shared Collocation space, regardless of which CLEC
was the original collocator, directly from CenturyLink. CenturyLink shall make Shared
Collocation space available in single-bay increments or their equivalent.
8.1.1.5 Interconnection Distribution Frame (ICDF) Collocation -- is offered for the
purpose of facilitating CLEC's combining of Unbundled Network Elements, Finished
Services, including Local Interconnection Trunks, and ancillary services. Under ICDF
Collocation, CLEC need not collocate equipment in the CenturyLink Wire Center. With
ICDF Collocation, CLEC 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.g., MDF, COSMIC or
DSX, etc.) providing CLEC with access to UNEs and ancillary services.
8.1.1.5.1 The ICDF is a distribution frame shared by multiple providers. If
CLEC desires a dedicated distribution frame for the purpose of facilitating
CLEC's combination of UNEs and 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 DS0 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 Sections 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 ocation Product Catalog on CenturyLink's web site. A
nonrecurring charge will be developed on an Individual Case Basis (ICB) and
consists of the costs to establish or augment the FCP or MTE. If the accessible
terminal must be expanded to accommodate CLEC 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 Wire Center and is
engineered, provisioned, maintained, and repaired by CenturyLink.
8.2 Terms and Conditions
8.2.1 Terms and Conditions - All Collocation
8.2.1.1 CenturyLink shall provide Collocation on rates, terms and conditions that
are just, reasonable and nondiscriminatory. In addition, CenturyLink shall provide
Collocation in accordance with all applicable federal and state laws.
8.2.1.1.1 In accordance with the FCC rules regarding combinations of
Unbundled Network Elements and Commingling of facilities and services which
are addressed in Sections 9.1 and 9.23, CenturyLink 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 Interconnection or access to Unbundled Network Elements.
8.2.1.2.1 Digital Subscriber Line Access Multiplexers (DSLAMS) always
meet this legal standard.
8.2.1.2.2 Asynchronous Transfer Mode (ATM) or Packet Switching also
meets this legal standard when used for Interconnection or access to Unbundled
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Network Elements for purposes of providing Advanced Services such as xDSL.
Equipment used predominantly to support DSLAMs and ATMs, such as routers
and concentrators, as well as testing and network management equipment also
meet this legal standard. Before any equipment that includes switching
functionality is installed, CLEC must provide a written inventory to CenturyLink of
all switching equipment and how it will be used for Interconnection or access to
Unbundled Network Elements. Once CLEC establishes that it will use a certain
type of equipment for Interconnection 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 Interconnection 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 Interconnection or access to Unbundled Network Elements for
purposes of providing local Exchange Service.
8.2.1.2.4 Except as provided for in Sections 8.2.1.2.1 through 8.2.1.2.3
above, CLEC may not collocate equipment that is not necessary for
Interconnection or access to Unbundled Network Elements.
8.2.1.3 CLEC must identify what transmission and Cross Connection equipment
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 Interconnection
Distribution Frame (ICDF) or may be established at a location jointly agreed to by CLEC
and CenturyLink. To the extent CLEC selects a Demarcation Point outside of its
collocated space, CLEC shall provide and CenturyLink shall install the tie cables from
CLEC's collocated equipment to the Demarcation Point. Alternatively, CenturyLink shall
provide and install these tie cables, at CLEC's expense.
8.2.1.5 CenturyLink will provide a connection between Unbundled Network
Elements and ancillary services and a Demarcation Point. Such connection is an
Interconnection Tie Pair (ITP). The Demarcation Point shall be:
a) at CLEC-provided Cross Connection equipment located in CLEC's
Virtual or Physical Collocation space; or
b) if CLEC elects to use ICDF Collocation, at the Interconnection
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Distribution Frame (ICDF); or
c) if CLEC elects to use an ICDF in association with Virtual or Physical
Collocation, at the ICDF; or
d) at a direct connection point of termination as described in Section
8.3.1.11.2; or
e) at another Demarcation Point mutually-agreed to by the Parties.
8.2.1.6 CLEC may purchase CenturyLink's finished Private Line or Switched
Access Services via applicable Tariff terms and conditions. These services 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 Inventory Report Remote Premises. The locations of the
Remote Premises (e.g., Feeder Distribution Interfaces, "FDI") and the End User
Customer addresses served by each Remote Premises are available to CLEC
through the Raw Loop Data Tool. Remote Premises with digital loop carrier and
pair gain equipment 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.) If 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. If CenturyLink determines that the
amount of space requested by CLEC for Caged Physical Collocation is not available, but
a lesser amount of space is available, that lesser amount of space 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. In 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. If 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. If 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. If CLEC does not provide a
Collocation Application within ten (10) Days of receipt of notification, or if CLEC
responds that it no longer requires the Collocation space, CLEC shall be
removed from the queue and the available space shall be offered to the next
CLEC in the queue. If the space made available to CLEC in the queue is not
sufficient to meet such CLEC's needs, such CLEC may deny the space that
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becomes available and keep its position in the queue.
8.2.1.11 If CenturyLink denies a request for Collocation in a CenturyLink Premises
due to space limitations, CenturyLink shall allow CLEC representatives to tour the entire
Premises escorted by CenturyLink personnel within ten (10) Days of CLEC's receipt of
the denial of space, or a mutually agreed upon date. CenturyLink will review the detailed
floor plans for the Premises with CLEC during the tour, including CenturyLink reserved
or optioned space. Such tour shall be without charge to CLEC. If, after the tour of the
Premises, CenturyLink and CLEC disagree about whether space limitations at the
Premises make Collocation impractical, CenturyLink and CLEC may present their
arguments to the Commission. In addition, if after the fact it is determined that
CenturyLink has incorrectly identified the space limitations, CenturyLink will honor the
original Collocation Application date for determining RFS unless both Parties agree to a
revised date.
8.2.1.12 CenturyLink shall submit to the Commission, subject to any protective
order as the Commission may deem necessary, detailed floor plans or diagrams of any
Premises where CenturyLink claims that Physical Collocation is not practical because of
space limitations.
8.2.1.13 CenturyLink 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. In 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 If CLEC issues a forecast or reservation for
Collocation, CenturyLink shall use its best judgment to determine whether
it would be appropriate to reclaim space and or equipment to meet
expected Collocation requirements.
8.2.1.14.1.2 If 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. If
requested by CLEC, CenturyLink will assess the cost of such reconditioning,
provide a quotation to CLEC for the costs, and upon Acceptance of quotation by
CLEC, perform the necessary work to recondition the space. For reconditioned
space, CLEC is responsible for prorated charges based on the amount of space
requested.
8.2.1.15 Cancellation of Collocation Request. CLEC may cancel a Collocation
request prior to the completion of the request by CenturyLink by submitting a Collocation
Cancellation Application. CLEC shall be responsible for payment of all costs incurred by
CenturyLink up to the point when the cancellation is received. Collocation Cancellation
is available for all Collocations under a particular billing authorization number (BAN) for
which CLEC has not received notification of completion from CenturyLink. Cancellation
is offered for all types of Collocation. A cancellation will only occur upon request by
CLEC.
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-to-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 In addition to the requirements of Section 8.2.1.8, all Collocation
installation and structures shall meet applicable earthquake safety rating requirements
comparable to and to the same extent that CenturyLink installations and structures meet
earthquake rating requirements as contained in the Network Equipment Building System
(NEBS) - BR GR-63-CORE document. A list of CenturyLink Premises and the
applicable related earthquake ratings is available for review on the CenturyLink web site
at: http://www.centurylink.com/wholesale/pcat/collocation.html.
8.2.1.18 CenturyLink will review the security requirements, issue keys, ID 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 to 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 refers to
the deactivation of a Collocation site occupied by CLEC and removal of CLEC
equipment. Collocation Decommission is offered for all types of Collocation. A
request for decommissioning is irrevocable once CenturyLink accepts the
Collocation Decommission Application.
8.2.1.22.1.1 Prior to submitting a Collocation Decommission
Application, all CLEC's financial obligations with respect to the Collocation
site to be decommissioned must be current, with the exception of formally
disputed charges. CLEC financial obligations include payment of one
hundred percent (100%) of all nonrecurring quoted charges and all
applicable monthly recurring charges that are more than thirty (30) Days
past due.
8.2.1.22.1.2 CLEC must disconnect all services, including any
administrative services, from the Collocation site to be decommissioned
prior to submitting the Collocation Decommission Application. All of
CLEC's administrative lines and End User Customer services need to be
disconnected via the appropriate Access Service Request (ASR) or Local
Service Request (LSR). If CLEC has not disconnected all services, all
charges with respect to the Collocation site 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-to-CLEC connections, CLEC must notify, in writing,
all of its current End User Customers affected by the
discontinuation of service. CLEC must submit an email
notification with the Collocation Decommission Application
representing to CenturyLink that all CLEC End User Customers
have been properly notified. For direct CLEC-to-CLEC connection
arrangements, CLEC should submit a letter of authorization (LOA)
signed by both CLECs involved in the direct CLEC-to-CLEC
connection arrangement. Failure to include such email notification
or LOA 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-to-CLEC
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cables), termination blocks and cage materials. If CLEC does not remove
its equipment within thirty (30) Days of CenturyLink's acceptance of the
Collocation Decommission Application, CenturyLink 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. If 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 Interconnection (C-POI). 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-to-CLEC
connection arrangements, CLEC is required to disconnect and remove
the direct CLEC-to-CLEC connections. CenturyLink prefers that CLEC
disconnect and remove the direct CLEC-to-CLEC connection cables prior
to submitting the Collocation Decommission Application. If CLEC is not
able to disconnect and remove the cables prior to submitting the
Collocation Decommission Application, CLEC will be allowed thirty (30)
Days from CenturyLink's acceptance date of the Collocation
Decommission Application to disconnect and remove the direct CLEC-to-
CLEC connection cables. If CLEC has not removed the direct CLEC-to-
CLEC connections, it will be treated as abandoned equipment.
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 furnished to CLEC within ninety (90) Days of the
Collocation Decommission Application acceptance identifying the
reimbursable and reusable elements and the potential credit.
8.2.1.22.1.7.1 Reimbursable elements considered for a
refund are: DS0, 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.g., 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
transferred will be handled on an Individual Case Basis (ICB). There are two (2)
types of Collocation Transfer of Responsibility: 1) Collocation Transfer of
Responsibility Without Working Circuits The Collocation is not serving any End
User Customers and does not have active service terminations (e.g.,
Interconnection trunks or UNE Loops) or 2) Collocation Transfer of Responsibility
With Working Circuits The Collocation has active service terminations, such as
Interconnection trunks or is serving End User Customers.
8.2.1.22.2.1 Generally, Collocation Transfer of Responsibility is
not available if another CLEC or CenturyLink are waiting in queue for
available space within the requested Premises; however, if assuming
CLEC acquires all or substantially all of the Collocation sites of vacating
CLEC in CenturyLink Premises in the state, such transfers shall not be
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subject to any queue for available space. In addition, regardless of any
space requests that may be pending in a CenturyLink Premises,
Collocation Transfer of 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. If vacating CLEC has filed for bankruptcy,
assuming CLEC must comply with Applicable Law in obtaining the
transfer of the Collocation site.
8.2.1.22.2.2 Both vacating CLEC's and assuming CLEC's
Interconnection Agreements with CenturyLink must contain finalized
terms and conditions for Collocation Transfer of Responsibility and all
associated services. Assuming CLEC is required to have an
Interconnection Agreement with CenturyLink prior to submitting a
Collocation Transfer of Responsibility request. Assuming CLEC will need
to amend any previously existing Interconnection Agreement prior to
submitting a Collocation Transfer of Responsibility request if its
Interconnection Agreement does not contain the terms and conditions
and rate elements for all services that will be transferred.
8.2.1.22.2.3 Collocation Transfer of Responsibility with working
circuits is available if only administrative changes are required and the
transfer does not involve translations work that needs to be processed in
conjunction with the transfer. If translations work is needed, CLEC's
transfer plans shall allow for the completion of the Collocation Transfer of
Responsibility prior to initiating any translation activity.
8.2.1.22.2.4 A request for Collocation Transfer of 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 transferred is identified by
vacating CLEC's eleven (11) character CLLI 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
Interface (C-POI) manhole, cables, Splitters, and working circuits, if
applicable. If the Collocation site has a Common Area Splitter Collocation
associated with it, the Common Area Splitter Collocation will be
transferred as part of the Collocation Transfer of Responsibility.
8.2.1.22.2.6 The transfer of equipment between vacating CLEC
and assuming CLEC 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'
Interconnection 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.
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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
CLLI 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. If 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 working circuits, if applicable, must either be completed or
cancelled by vacating CLEC prior to the quotation Acceptance.
8.2.1.22.2.10 If vacating CLEC does not lease another Physical
Collocation site at the specified Central 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 CLLI 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 If the Collocation site being transferred has a direct
CLEC-to-CLEC connection arrangement, a letter of authorization (LOA)
must be submitted with the Collocation Transfer of Responsibility
Application, signed by both CLECs in the direct CLEC-to-CLEC
arrangement authorizing the transfer of the direct CLEC-to-CLEC
connection service to assuming CLEC. A separate LOA is required for
each direct CLEC-to-CLEC relationship associated with the transferring
Collocation site. Each LOA shall identify the CLECs, CLLI codes, and
BANs for their respective Collocations.
8.2.1.22.2.17 Vacating CLEC and/or assuming CLEC will be
responsible for submitting Local Service Requests (LSRs) for Unbundled
Loops and enhanced extended Loops (EELs). 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 Interconnection
Service (LIS) trunks and ancillary services (e.g., 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
working circuits, if applicable. Upon completion of the Collocation
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Transfer of Responsibility, CenturyLink will begin Billing assuming CLEC
for all recurring charges based on assuming CLEC's Interconnection
Agreement and cease Billing vacating CLEC.
8.2.1.22.3 Abandoned Equipment. If CenturyLink finds, in the course of
business, reasonable evidence to substantiate that any equipment or property of
CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink
shall notify CLEC in writing, via an electronic form, of the existence of such
equipment or property and CLEC shall have sixty (60) Days from the date of
receipt of such notice to remove such equipment or property from the Premises.
If CenturyLink has not received any response to this notice within thirty (30) Days
of the sending of the notice, CenturyLink shall send a copy of the notice to CLEC
via registered mail. If, prior to the termination of the sixty (60) Day period, CLEC
disputes that the equipment or property has been abandoned or left unclaimed at
the Premises, CLEC shall provide written notice to CenturyLink of such dispute
("Resolution Request") and commence Dispute Resolution proceedings pursuant
to Section 5.18 of this Agreement. If no Resolution Request has been delivered
to CenturyLink within sixty (60) Days of the first written notice, all equipment or
property of CLEC not removed from the Premises shall conclusively be deemed
and construed to have been transferred, deeded, and assigned by CLEC to
CenturyLink and may be appropriated, sold, stored, destroyed and/or otherwise
disposed of by CenturyLink without further notice to CLEC and without obligation
to account therefore, and CLEC shall reimburse CenturyLink for all reasonable
expenses incurred in connection with the storage or other disposition of such
equipment or property. If CLEC delivers a Resolution Request but fails to
commence Dispute Resolution proceedings pursuant to Section 5.18 of this
Agreement or to otherwise resolve the dispute with CenturyLink, within thirty (30)
Days of the delivery of such Resolution Request, then thirty (30) Days after the
date of the Resolution Request, all equipment or 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
most efficient route and cable racking, CenturyLink shall consider all information
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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 Customer's
premises, and may interconnect CLEC's own collocated space and/or equipment (e.g.,
CLEC's Physical Collocation and CLEC's Virtual Collocation on the same Premises).
CLEC-to-CLEC Connections shall be ordered either as part of a Collocation Application
under Section 8.4, or separately from a Collocation Application in accordance with
Section 8.4.7. CLEC-to-CLEC Cross Connections at an ICDF are available, as follows:
8.2.1.23.1 CLEC-to-CLEC Cross Connections at the ICDF.
8.2.1.23.1.1 CLEC-to-CLEC Cross Connection (COCC-X) is
defined as CLEC's 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 Interconnection Distribution
Frame (ICDF). This is accomplished by the use of CLEC's Connecting
Facility Assignment (CFA) terminations residing at an ICDF. Also, ICDF
Cross Connections must terminate on the same ICDF at the same service
rate level.
8.2.1.23.1.3 If CLEC has its own dedicated ICDF, CLEC is
responsible for ordering tie cables to the common ICDF frame/bay where
the other CLEC resides. These tie cables would be ordered through the
existing Collocation Application form.
8.2.1.23.1.4 CLEC is responsible for the end-to-end service
design that uses ICDF Cross Connection to ensure that the resulting
service meets its End User Customer's needs. This is accomplished by
CLEC using the Design Layout Record (DLR) for the service connection.
8.2.1.23.1.5 If two (2) CLECs are involved, one (1) CLEC acts as
the "ordering" CLEC. The ordering CLEC identifies both connection
CFAs on the ASR. CLEC requests service order activity by using the
standard ASR forms. These forms are agreed upon nationally at the OBF
(Ordering and Billing Forum). Refer to the DMP (Document Management
Platform)/Carrier/Carrier Centers/"A"/"ASOG" for copies of all forms
including definitions of the fields. CLEC is responsible for obtaining these
forms. CenturyLink must not reproduce copies for its Customers, as this
is a copyright violation. The standard industry forms for CLEC-to-CLEC
Cross Connections (COCC-X) are: Access Service Request (ASR),
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Special Access (SPE) and Additional Circuit Information (ACI).
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 If CLEC disagrees with the selection of the CenturyLink Cross Connection
frame, CLEC may request a tour of the CenturyLink Premises to determine if Cross
Connection frame alternatives exist, and may request a connection to an alternative
frame or an alternative arrangement, such as direct connections from CLEC's
Collocation space to the MDF or COSMIC frame.
8.2.1.27 Conversions of the various Collocation arrangements (e.g., Virtual to
Physical) will be considered on an Individual 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.
8.2.1.30 Optional DC Power Measurement. CLEC will order DC power to meet its
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needs with a twenty (20) amperes (amp) per feed minimum. If CLEC orders more than
sixty (60) amps, CenturyLink typically terminates such feed on a power board. If CLEC
orders sixty (60) amps or less, the power feed typically terminates at a battery
distribution fuse board (BDFB). No power measurements are performed at a BDFB.
Therefore, for sixty (60) amps or less, the power usage rate is based on CLEC ordered
amps. For power feeds of greater than sixty (60) amps terminated at the power board,
CenturyLink will measure usage on a semi-annual basis if CLEC orders Optional DC
Power Measurement. CenturyLink 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 Interconnection Distribution
Frame (ICDF). CLEC may request Joint Testing on the Collocation Application form or
by sending a separate Joint Testing Application form. Collocation and Joint Testing
Application forms are available in the PCAT. CLEC must specify on its application the
terminations to be tested and the type of tests to be performed with CenturyLink. CLEC
must provide contact information on the application for CenturyLink to arrange the Joint
Testing date and time. Once CLEC has completed its installation work and is ready for
testing, CLEC formally requests Joint Testing via e-mail 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.
If 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. If
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 If during the scheduled Joint Testing, the CenturyLink-caused
error rate is more than two percent (2%) on the terminations identified for testing,
CenturyLink will not charge for this Joint Testing. If there are less than two
percent (2%) errors found or if the errors found are facility errors on CLEC
provided facilities, CenturyLink 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. If CLEC requests that the charges be waived because CenturyLink errors
are found during Joint Testing, CenturyLink may access CLEC's Collocation
space to identify if the facility cabling sequence is correct, per applicable
standards. CLEC may review CenturyLink facility cabling at the ICDF to verify
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the cable sequence, per applicable standards.
8.2.1.32 DC Power Reduction, Restoration, and Deactivation. DC Power
Reduction With Reservation allows CLEC to reserve a fuse or breaker position on the
power board or battery distribution fuse board (BDFB) when reducing a secondary
power feed to zero. CLEC 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
Reduction Without Reservation allows CLEC to reduce the ordered amps on a primary
or secondary feed to a minimum of twenty (20) amps. DC Power Off allows CLEC to
deactivate their secondary power feed and remove it from the power distribution point
(e.g., BDFB or power board). A primary power feed with a minimum of 20 Amps, must
be maintained in each collocation at all times, with the exception of Adjacent Collocation,
Common Area Splitter Collocation, 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. If CLEC
accepts the quotation within seven (7) Days, CenturyLink shall complete the DC
Power Reduction within ninety (90) Days of receipt of the Collocation Application.
If CLEC accepts the quotation after seven (7) Days, CenturyLink shall complete
the DC Power Reduction within ninety (90) Days of receipt of CLEC's
acceptance.
8.2.1.32.2 CLEC assumes all 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/restored/eliminated DC
power upon receipt of payment of the quoted charges effective back to the date
of acceptance by CenturyLink of the Collocation Application.
8.2.1.32.4 If a shortage of fuse positions is imminent, CenturyLink 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
power feed to at least twenty (20) amps or return the fuse position to CenturyLink
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within thirty (30) Days.
8.2.1.33 Collocation Available Inventory. Collocation Available Inventory provides
CLEC with information about the availability of (a) returned Collocation sites and
elements under CenturyLink 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 on
CenturyLink's wholesale web site at:
http://www.centurylink.com/wholesale/collocation_space.html. CLEC must either have
an approved Interconnection Agreement or is currently negotiating with CenturyLink to
have an interim Interconnection Agreement with the specific type of Collocation to be
obtained. If the Interconnection Agreement is pending approval, CLEC must execute an
early ordering letter. CenturyLink reserves the right to remove CenturyLink Postings to
satisfy CLEC Collocation Applications or CenturyLink space requirements. CenturyLink
shall not use the CenturyLink Postings as a basis to claim exhaust in any CenturyLink
Premises.
8.2.1.33.1 CLEC obtaining a Collocation site from CenturyLink Postings
must not have any overdue financial obligations owed to CenturyLink for
Collocation, with the exception of formally disputed charges. CLEC 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 Interconnection Agreement of the CLEC
acquiring the Collocation space. CLEC may request to add to or complete the
Collocation site to its specifications. CLEC may also request that CenturyLink
reduce the cable terminations and CLEC 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.g., UNEs, CLEC to CLEC, administrative lines, and Finished Services) 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. It 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
software and software license agreements for any equipment conveyed as part
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of a Special Site. CLEC is responsible for handling, scrapping, destruction or
other disposition of any equipment conveyed as part of a Special Site and shall
conform and comply with: (a) All applicable federal, state, county and municipal
laws, statutes, regulations, and codes regulating hazardous wastes, materials or
substances, including, but not limited to the Toxic Substances Control Act
(TSCA) (15 U.S.C. § 2601 et seq.); the Resource Conservation and Recovery
Act (RCRA) (42 U.S.C. § 6901 et seq.); Hazardous Materials Transportation Act
(HMTA) (49 U.S.C. § 1801 et seq.); Occupational Safety and Health Act (OSHA)
(29 U.S.C. § 651 et seq.); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA)(42 U.S.C. § 9601 et seq.); and any
successor acts thereto or the regulations promulgated thereunder and any
applicable International laws and regulations; (b) Environmental rules and
regulations governing environmental impacts associated with the production and
or recovery of precious metals, scrap metals and material processing and or
residual material disposition whether hazardous or non-hazardous as defined by
governing laws and or applicable laws and are the sole responsibility of CLEC;
and (c) All hazardous waste, hazardous material, hazardous substances or solid
waste manifests relating to the shipping, receiving, disposal or final disposition of
the equipment shall not reference, list or otherwise indicate on the manifest that
CenturyLink is the generator, arranger, transporter, owner or otherwise the party
that owns, controls, manages, handles, stores, generates or otherwise uses the
equipment. On any required hazardous waste, hazardous material, hazardous
substances or solid waste manifest relating to the shipping, receiving, disposal or
final disposition of the equipment, CLEC shall be listed as the generator,
arranger and owner of the materials.
8.2.1.33.5 CLEC will submit a Collocation Application indicating a specific
Collocation site from the Collocation Available Inventory. CenturyLink will follow
the standard Collocation provisioning intervals for the type of Collocation as
included in CLEC's Interconnection Agreement. During preparation of the
quotation, CenturyLink will validate all reusable elements and send an inventory
verification letter. After receipt of the validated inventory, CLEC may cancel the
Collocation Application or submit a change to the pending Collocation
Application. Any cancellation due to differences between the CenturyLink
Posting and actual inventory 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 Interconnection
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 If 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
Splitters must meet the requirements for Central Office equipment Collocation set
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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. Charges will apply pursuant to
Exhibit A of the Agreement.
8.2.1.34.4 Two (2) ITPs 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 COSM oop 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 tch
termination, via the ICDF, using a second tie cable and a second ITP.
8.2.1.34.5 Interconnection Tie Pairs and Tie Cables. There are two (2)
types of ITP arrangements for connecting the CenturyLink network to the CLEC
provided Splitter, depending on whether CLEC elects to use an ICDF or direct
connections.
8.2.1.34.5.1 CLEC may elect to use an ICDF. In this instance, one (1)
ITP carries the combined voice/data signal from the MDF
Loop termination to the ICDF and a second ITP carries the voice only
signal from the ICDF 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 COSM In this instance,
CenturyLink will provide one (1) tie cable between each module of the
COSMI -provided Splitter. One (1) pair in the tie
cable will carry the combined voice/data signal from the COSMIC
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 from
the CLEC-provided Splitter to the Switch termination on the
COSMI e 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 (ME
termination, and associat terminate a tie
cable on each outside plant and Switch equipment module of the
COSMI /MDF will be assessed to CLEC in accordance with Section 8
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(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 ME henever
feasible. Costs of su all 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
re the combined voice and data Loop originates from
CLEC's Collocation.
8.2.1.35 Collocation Joint Inventory Visit. Collocation Joint Inventory Visit allows
CLEC to request a comprehensive visit with CenturyLink at an existing Central Office
Collocation site. The purpose of this Joint Inventory Visit is to review space, power,
terminations, synchronization, administrative lines, virtual equipment, common area
splitter, AC outlets, and to verify 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 Inventory Visit Process excludes physical
review of the Entrance Facility POI location. Inventory will be documented and
any deviations identified on a "Collocation-Joint Inventory 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 Inventory Visit is available for any Central Office premise
type of Collocation.

8.2.1.35.3 Joint Inventory Visit quotation will be communicated from the
CenturyLink Project Manager via email to CLEC and followed by an invoice
requiring 100% payment. Quotations are sustainable upon receipt, since the
shortened timeframe requires immediate processing by CenturyLink.

8.2.1.35.4 The visits 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 Inventory Visit will be
sixty (60) Days from receipt of a valid and complete application to completion of
the Joint Inventory Visit, subject to scheduling availability of both CenturyLink
and the CLEC.

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 Inventory Visit time or failure to
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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 Inventory Visit Application" to order a
Collocation Joint Inventory Visit. The Joint Inventory Visit Application is available
at: http://www.centurylink.com/wholesale/pcat/collocation.html#imp.

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 Interconnection 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.g., common language codes) for all equipment provided by
CLEC and installed in CenturyLink Premises.
8.2.2.4 CLEC shall ensure that upon receipt of CLEC's virtually collocated
equipment by CenturyLink, all warranties and access to ongoing technical support are
passed through to CenturyLink at CLEC's expense. CLEC shall advise the manufacturer
and seller of the virtually collocated equipment that CLEC's equipment will be
possessed, installed and maintained by CenturyLink.
8.2.2.5 CLEC's virtually collocated equipment must comply with Telcordia now
iconectiv Network Equipment Building System (NEBS) Level 1 safety standards and any
statutory (local, state or federal) and/or regulatory requirements in effect at the time of
equipment installation or that subsequently become effective. CLEC shall provide
CenturyLink interface specifications (e.g., electrical, functional, physical and 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.
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,
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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 and/or repair of CLEC's virtually collocated equipment where such costs or
charges result from CenturyLink's fault or negligence.
8.2.3 Terms and Conditions - Caged and 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 Interconnection, except that
CenturyLink may provide Virtual Collocation if CenturyLink demonstrates to the
Commission that Physical Collocation is not practical for technical reasons or because of
space limitations, as provided in Section 251(c)(6) of the Act.
8.2.3.2 Physical Collocation is offered in Premises on a space-available, first
come, first-served basis.
8.2.3.3 Intentionally Left Blank.
8.2.3.4 CenturyLink 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.g., racking, ducting and caging for Caged
Physical Collocation) is performed pursuant to CenturyLink Technical Publication 77350,
including all construction of CLEC's leased physical space and the riser from the vault to
the leased physical space.
8.2.3.6 Generally, CLEC owns or leases and is responsible for the installation,
maintenance and repair of its equipment located within the physically collocated space
leased from CenturyLink. One exception is the Bay itself.
8.2.3.6.1 This section allows CLEC to request CenturyLink to procure and
install necessary equipment bay infrastructure for CLEC. CLEC agrees to
provide CenturyLink with all bay specifications needed to procure the proper bay.

8.2.3.6.2 Upon receipt of a complete Collocation Application where the
CLEC has requested that CenturyLink procure and install the Cageless bay
infrastructure, CenturyLink will review the bay specifications provided on the
Application. Within three (3) Days of validation of the application, CenturyLink
will contact CLEC with any questions.

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8.2.3.6.3 If 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 Within thirty (30) Days of receipt of the quotation, CLEC must
submit Acceptance with 50% payment of the nonrecurring charges or
acknowledge non-Acceptance of the quoted charges.
8.2.3.6.5 Upon receipt of Acceptance and 50% payment of the quoted
nonrecurring charges, CenturyLink will procure and install the equipment bay on
behalf of CLEC. The equipment bay installation will be completed with the
Standard Installation Intervals listed in this Agreement.
8.2.3.6.6 Upon completion of the Equipment Bay installation, CLEC
assumes ownership of the Equipment Bay and is responsible for removal of the
bay upon Decommissioning of the site. Equipment includes all CLEC owned
electronic equipment, equipment racks, mounting hardware, and CLEC supplied
cable (including direct CLEC-to-CLEC cables).
8.2.3.7 CenturyLink shall permit CLEC to commence installation of its equipment
prior to completion of CenturyLink's work on the remaining Collocation infrastructure, at
no additional charge to CLEC. Such "early access" date will be negotiated by
CenturyLink and CLEC on a site specific basis. In order to obtain early access, CLEC
must pay eighty percent (80%) of the remaining fifty percent (50%) of the quoted
nonrecurring charges before early access is granted, leaving a holdback of ten percent
(10%) of the originally quoted nonrecurring charges. All appropriate (i.e., space and
cable racking) recurring charges will begin on a negotiated date. The enclosure for
Caged Physical Collocation must be complete before early access is granted. Such
early access by CLEC shall not interfere with the work remaining to be performed by
CenturyLink.
8.2.3.8 Upon completion of the construction of the Collocation project,
CenturyLink will work cooperatively with CLEC in matters of joint testing and
maintenance.
8.2.3.9 If, during installation, CenturyLink determines CLEC activities or
equipment do not comply with the NEBS Level 1 safety standards listed in this section or
are in violation of any Applicable Laws or regulations all equally applied to CenturyLink,
CenturyLink has the right to stop all installation work until the situation is remedied.
CenturyLink shall provide written notice of the non-compliance to CLEC and such notice
will include: (1) identification of the specific equipment and/or installation not in
compliance; (2) the NEBS 1 safety requirement that is not met by the equipment and/or
installation; (3) the basis for concluding that CLEC's equipment and/or installation does
not meet the safety requirement; and (4) a list of all equipment that CenturyLink locates
at the Premises in question, together with an affidavit attesting that all of that equipment
meets or exceeds the safety standard that CenturyLink contends CLEC's equipment fails
to meet. If such conditions pose an immediate threat to the safety of CenturyLink
employees, interfere with the performance of CenturyLink's service obligations, or pose
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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. In the event that CLEC
disputes any action CenturyLink seeks to take or has taken pursuant to this provision,
CLEC may pursue immediate resolution by the Commission or a court of competent
jurisdiction.
8.2.3.10 All equipment placed 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. If, at any time, pursuant to a random audit or otherwise, CenturyLink
determines that the equipment or the installation does not meet the NEBS standards
described in Section 8.2.1.8, CLEC 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. If CLEC fails to correct any non-compliance within fifteen (15) Days of written
notice of non-compliance, or if such non-compliance cannot be corrected within fifteen
(15) Days of written notice of non-compliance, and if CLEC fails to take all appropriate
steps to correct any non-compliance as soon as reasonably possible, CenturyLink may
pursue immediate resolution by the Commission or a court of competent jurisdiction. If
there is an immediate threat to the safety of CenturyLink employees, or an immediate
threat to the physical integrity of the conduit system, cable facilities, or other equipment
in the Premises, CenturyLink may perform such work and/or take such action as is
necessary to correct the condition at CLEC's expense.
8.2.3.11 CenturyLink shall provide basic telephone service with a connection jack
at the request of CLEC for Caged or 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
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
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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 Interconnection (C-POI) outside the
CenturyLink Wire Center where CLEC shall terminate its fiber-optic facility, except the
Express Fiber Entrance Facilities.
8.2.4.3 CLEC is responsible for providing its own fiber facilities to the C-POI
outside CenturyLink's Wire Center. CenturyLink 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-POI to the
leased Collocation space (Physical Collocation) or CLEC equipment (Virtual Collocation)
shall be considered the Collocation Fiber Entrance Facility. The preceding provisions do
not apply to an Express Fiber Entrance Facility which provides that CLEC fiber 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 Interconnection cable is
placed between CLEC's Collocation space and the FDP. The FDP provides
CenturyLink with test access and a connection point between the transport fiber
and CLEC's Interconnection cable.
8.2.4.3.2 Cross Connect Fiber Entrance Facility - The cross connect fiber
Entrance Facility provides fiber connectivity between CLEC's fiber facilities
delivered to a C-POI and multiple locations within the CenturyLink Wire Center.
CLEC's fiber cable is spliced into a CenturyLink-provided shared fiber entrance
cable in twelve (12) fiber increments. The CenturyLink fiber cable consists of six
(6) buffer tubes containing twelve (12) fibers each for a seventy-two (72) fiber
cable. The seventy-two (72) fiber cable terminates in a fiber distribution panel.
This fiber distribution panel provides test access and flexibility for Cross
Connection to a second fiber distribution panel. Fiber Interconnection cables in
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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 d ion space. The
fiber cable placed in the Wire Center must meet NEBS Level 1 fire rating
requirements. If CLEC provided cable does not meet NEBS Level 1 fire rating
requirements then a transition splice 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 Individual Case Basis.
8.2.4.6 CenturyLink shall provide an Interconnection point or points, physically
accessible by both CenturyLink and CLEC, at which the fiber optic cable carrying
CLEC's circuits can enter CenturyLink's Wire Center, provided that CenturyLink shall
designate Interconnection points as close as reasonably possible to its Premises.
CenturyLink shall offer at least two (2) such Interconnection points at each CenturyLink
Wire Center when at least two (2) entry points pre-exist and duct space is available.
CenturyLink will not initiate construction of a second, separate Collocation Entrance
Facility solely for Collocation. If CenturyLink requires the construction of a new
Collocation Entrance Facility for its own use, then the needs of CLEC 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,
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
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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 Interconnection 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. If 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 arrangement 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. If CLEC
performs the structural analysis or line-of-sight feasibility, it shall submit a
response regarding its analysis to CenturyLink and CenturyLink will only bill for
an escort fee per site requested. If 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 If CenturyLink performs the feasibility analysis, a response will be
provided to CLEC within thirty (30) Days of the site visit with the structural
analysis and line-of-sight feasibility. If the site visit determines that unobstructed
line-of-sight and placement of the microwave equipment are not Technically
Feasible, CLEC will be billed only for the site visit. If 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. If CLEC does not submit a Collocation
Application for the Premises within thirty (30) Days following the completion of
the line-of-sight and structural feasibility analysis or CLEC subsequently cancels
the Collocation Application, CLEC will be 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. If CenturyLink's assistance is
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.
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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. If CLEC performs the foregoing, CenturyLink shall
impose no charges on CLEC for such work. In the event CLEC fails to remove
its microwave equipment, CLEC shall be liable to CenturyLink for all reasonable
costs of removal, restoration of the property, storage, and transportation to CLEC
of such microwave equipment incurred by CenturyLink.
8.2.5 Terms and Conditions ICDF Collocation
8.2.5.1 Interconnection Distribution Frame (ICDF) Collocation is available if
CLEC has not obtained Caged or Cageless Physical Collocation, but requires access to
CenturyLink's Wire Center for combining Unbundled Network Elements, Finished
Services, including local Interconnection trunks, and ancillary services. ICDF
Collocation provides CLEC with access to the Interconnection 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 Interconnection Distribution
Frame; d) existing toll frame; e) fiber distribution panel; and, f) existing intermediate
frame. CenturyLink-provided combinations in accordance with Sections 9.1 and 9.23.3.7
are not provided by CenturyLink in CLEC's ICDF Collocation space.
8.2.5.2 All CenturyLink terminations on the Interconnection Distribution Frame
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
CLEC that is terminated on the Interconnection Distribution Frame. CenturyLink will
provide CLEC with the frame assignments for each Unbundled Network Element,
Finished Service, and ancillary service terminated on the ICDF.
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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.
8.2.6.1.1 Alternatively, if no such structure described above exists, CLEC
may choose to construct or procure a structure to place on or under CenturyLink
owned, leased or otherwise controlled property contiguous to a CenturyLink
Premises. Such adjacent structure shall be in accordance with CenturyLink's
design and space planning for the site. CLEC may propose the design for the
adjacent structure, subject to CenturyLink's approval. CenturyLink will review the
building and property plans for the new structure within thirty (30) Days.
8.2.6.1.2 CLEC shall own such structure, subject to a reasonable ground
space lease. If CLEC terminates its Adjacent Collocation space, CenturyLink
shall have the right of first refusal to such structure under terms to be mutually
agreed upon by the Parties. In the event CenturyLink declines to take the
structure or terms cannot be agreed upon, CLEC may transfer such structure to
another CLEC for use for Interconnection and or access to UNEs. Transfer to
another CLEC shall be subject to CenturyLink's approval, which approval shall
not be unreasonably withheld. If no transfer of ownership occurs, CLEC is
responsible for removal of the structure and returning the property to its original
condition.
8.2.6.2 CenturyLink shall provide written authorization for use of CenturyLink's
property to CLEC or CLEC's contractor, to the extent that CenturyLink owns or controls
such property, to assist CLEC in obtaining any building permits or other approvals that
may be necessary to construct the facility. CLEC is responsible for construction of the
structure or procurement of an existing structure. CLEC is responsible for meeting all
State and municipal building and zoning requirements. As participants in utility
easements and public/private rights of way arrangements, CLEC and CenturyLink are
each responsible for insuring their respective facilities information (housing locations,
cable paths, etc.) is communicated to OneCall/Blue Stakes-type entities, as appropriate.
8.2.6.3 CenturyLink will provide power and all other Physical Collocation services
and facilities.
8.2.6.4 Upon request, CenturyLink will evaluate all parking or other spaces
outside the CenturyLink Premises on CenturyLink property that can be reasonably made
available to CLEC for Adjacent Collocation. CenturyLink will retain a reasonable amount
of parking space for CenturyLink technicians or other vehicles, including CLEC's. Space
below a hoisting area will not be relinquished for Collocation space.
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8.2.6.5 If Physical Collocation space becomes available in a previously
exhausted CenturyLink structure, CenturyLink shall not require CLEC to move, or
prohibit CLEC from moving its Collocation arrangement into the CenturyLink structure.
Instead, CenturyLink shall continue to allow CLEC to collocate in any adjacent controlled
environmental vault, controlled environmental hut, or similar structure.
8.2.7 Terms and Conditions Remote Collocation
8.2.7.1 Remote Collocation allows CLEC to collocate in a CenturyLink Remote
Premises that is located remotely from a CenturyLink Wire Center building property.
Such Remote Premises include controlled environmental vaults, controlled
environmental huts, cabinets, pedestals and other Remote Terminals.
8.2.7.2 The terms and conditions for Physical Collocation or Virtual Collocation
shall apply to Remote Collocation as appropriate to the specific Remote Premises
structure and subject to technical feasibility (e.g., Section 8.2.3.11 and Section 8.2.4
would not apply), or if appropriate, Adjacent Collocation as set forth above. Space 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 Interconnection 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) fro 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 (DS0) and Digital Service Level 1 (DS1)
UNE services. If utilized for DS1 UNEs, CLEC must transmit a Trunk Level 1
(T1) templated signal over the copper facility. DS1 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.
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
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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 Interface (C-POI).
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 If 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 DS0 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 th /MDF or in some other appropriate location such
as an existing CenturyLink relay rack or bay. In Wire Centers with access line counts
greater than 10,000, when all common area Splitter bays and racks are fully utilized,
space permitting, CenturyLink will allow CLEC to place Spl /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) ITPs 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 COSMI 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 itch termination, via a second
ITP. CLEC can also elect a direct connect option pursuant to Section 8.3.1.11.2.
8.2.9.3 CenturyLink 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
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.
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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 DS0 tie cable
terminations and/or reclassification to support UNE or other services.
CenturyLink will process any such applications for augmentation and/or
reclassification of DS0 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. If the requested
reclassification engineering results in additional requirements for DS0 tie
cable terminations or tie cable support, the interval will default to thirty
(30) Days.
8.2.9.6.3.2 In the event CLEC, or CenturyLink acting as purchasing
agent for CLEC, is unable to procure any equipment needed to complete
all work required by applications submitted to CenturyLink by CLEC,
including but not limited to, Splitters or cabling, CenturyLink will install the
subject equipment when it becomes available. If CenturyLink is acting as
purchasing agent for CLEC and is unable to procure equipment to
complete all work in a timely manner, CLEC may provide CenturyLink
with the subject equipment. CLEC will be notified by CenturyLink of the
required material on-site date for the affected Wire Center(s) and CLEC
will have two (2) business days to determine if it will be able to provide
the subject equipment in advance of the material on-site date. If 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.
8.3.1 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
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quotation is then developed by CenturyLink for the work to be performed.
8.3.1.2 The following elements as specified in Exhibit A of this Agreement are
used to develop a price quotation in support of Collocation:
8.3.1.3 Quotation Preparation Fee. A non-refundable charge for the work
required to verify space and develop a price quotation for the total costs to CLEC for its
Collocation request.
8.3.1.3.1 Planning and Engineering Fee. Augment Quotation Preparation
Fee. A non-refundable nonrecurring charge for the work required to plan, design,
engineer, and develop a price quotation for the total costs to CLEC for its request
to augment existing Collocations, including, without limitation, adding/removing
cables and adding/removing terminations.
8.3.1.4 Collocation Entrance Facility Charge. Provides for the fiber optic cable (in
increments of 12 fibers) from the C-POI utilizing CenturyLink owned, conventional single
mode type of fiber optic cable to the collocated equipment (for Virtual Collocation) or to
the leased space (for Caged or Cageless Physical Collocation). The Collocation
Entrance Facility includes manhole, conduit/innerduct, placement of conduit/innerduct,
fiber cable, fiber placement, splice case, a splice frame, fiber distribution panel, and
relay rack. Charges apply per fiber pair. Express Fiber Entrance 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.
Includes per-setup and per-fiber-spliced rate elements.
8.3.1.6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to CLEC
collocated equipment and is fused at one hundred twenty-five percent (125%) of the
request. The -48 volt DC Power Usage Charge applies to the quantity of -48 volt
capacity specified by CLEC in its order on a per ampere (amp) basis. There is a one (1)
amp minimum charge for -48 volt DC power usage.
8.3.1.6.1 Optional -48 Volt DC Power Usage Charge is available for orders
of greater than sixty (60) amps. If CLEC orders Optional DC Power
Measurement, CenturyLink 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
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
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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 Inspector Labor Charge. Provides for CenturyLink qualified personnel,
acting as an inspector, when CLEC requires access to the C-POI after the initial
installation. A call-out of an inspector after business hours is subject to a minimum
charge of three (3) hours. The minimum call-out charge shall apply when no other
employee is present in the location, and an 'off-shift' CenturyLink employee (or contract
employee) is required to go 'on-shift' on behalf of CLEC.
8.3.1.9 Intentionally Left Blank.
8.3.1.10 Interconnection Tie Pairs (ITP) are described in the UNE Section, and
apply for each Unbundled Network Element, ancillary service or Interconnection service
delivered to CLEC. The ITP provides the connection between the Unbundled Network
Element, ancillary service or Interconnection service and the Demarcation Point.
8.3.1.11 Collocation Terminations. Terminations are purchased by CLEC for the
purpose of accessing Unbundled Network Elements. These terminations may be
requested in Shared Access and Direct Connection Configurations.
8.3.1.11.1 Shared Access
8.3.1.11.1.1 In a Shared Access configuration, there are multiple
frames that could be designated as an ICDF or an appropriate
Demarcation Point including, but not limited to, the following:
a) Existing Interconnection Distributing Frame (ICDF)
b) Existing DSX Panels for DS1 and DS3 services
c) New Interconnection Distributing Frame
d) Existing Toll Frame
e) Fiber Distribution Panel
f) Existing Intermediate Frame
8.3.1.11.1.2 The ICDF is the test access point. It would not be
uncommon to find multiple service providers, including CenturyLink, on
the ICDF at 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.
When 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,
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no Collocation Termination rates will apply.
8.3.1.11.2 Direct Connection
8.3.1.11.2.1 Direct Connection provides an uninterrupted path
from the Collocation space to an existing frame. This option 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. If CLEC chooses a demarcation
inside the Collocation space, CLEC should order and install the
termination equipment itself. Demarcation equipment must be noted on
the order form so that a CLLI code and unique tie cable assignments can
be generated for systems flow through. If CLEC chooses a demarcation
outside its Collocation space, CenturyLink will maintain and inventory this
device. Direct terminations may be ordered where frame space is
available. If frame space is exhausted the terminations may need to be
made at another frame. Upon completion of the pre-provisioning of the
Direct Connection, CLEC 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.g., Frame Number) and the dedicated tie pairs will require a unique
name to enable automatic assignment through TIRKS and SWITCH
via Carrier Facilities Address (CFA) methods.
8.3.1.11.2.3 If CLEC wishes to arrange terminations on a 2-wire
POTS level cross connect device of the modular type, i.e., COSMIC
Hardware, standard-engineering principles will apply. Provisioning
intervals and costs will be customized and determined on an Individual
Case Basis (ICB). A five (5) year forecast including terminations per
quantities will be required. MELD runs will be required for the initial
COSMIC 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 MELD run whenever feasible. Costs of such consolidated
MELD runs shall be prorated among the parties, including CenturyLink.
Minimum installation requires at least one (1) block for every two (2)
outside plant modules. A one-half (½) shelf of block capacity must be
reserved for future block space.
8.3.1.11.2.4 Requests for terminations at a DS0, 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
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these frames do not require MELD runs and short jumper engineering
principals, as with the COSMIC frame. However, these connections will
require coordination between CenturyLink and CLEC to ensure that the
cable is terminated in an existing frame with the service that CLEC is
wishing to connect with. Direct Connection is ordered via the
supplemental Collocation order form, Direct Connection (DC-POT).
Timing, pricing and feasibility will be determined on the basis of a specific,
in-depth building analysis. Direct Connections are available where
available frame space permits. If frame space is exhausted, terminations
may need to be made at another frame. Space availability 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:
DS0 in blocks of one hundred (100) or per termination; DS1 in increments of
twenty-eight (28) or per termination; and DS3 in increments of one (1) coaxial
cable termination or fiber in twelve (12) fiber strands (six (6) fiber pairs).
8.3.1.12 Security Charge. This charge applies to the keys/card and card readers
required for CLEC access to the CenturyLink Premises for the purpose of Collocation.
There are two monthly recurring rate elements associated with Security Access. The
first rate element is per access card, per CLEC employee, per month. The second rate
element is the number of card accessible premises, per CLEC employee, per month, as
included in Exhibit A to this Agreement.
8.3.1.13 Composite Clock/Central Office Synchronization. Recovers the cost of
providing composite clock and/or DS1 synchronization signals traceable to a stratum
one source. CLEC must determine the synchronization requirements for CLEC's
equipment and notify CenturyLink of these requirements when ordering the clock
signals. Central 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 Offices are equipped with
Building Integrated Timing Supply (BITS). The rate is applied on a per Port basis in
accordance with Exhibit A.
8.3.1.14 -48 Volt DC Power Cable Charge. Provides for the transmission of -48
volt DC power to the collocated equipment and is fused at one hundred twenty-five
percent (125%) of request. It includes engineering, furnishing and installing the main
distribution bay power breaker, associated power cable, cable rack and local power bay
to the closest power distribution bay. It also includes the power cable (feeders) A and B
from the local power distribution bay to the leased physical space (for Caged or
Cageless Physical Collocation) or to the collocated equipment (for Virtual Collocation). It
is charged per feed.
8.3.1.15 Space Availability Report Charge Recovers the cost of preparing a
Space Availability Report in accordance with Section 8.2.1.9.1.
8.3.1.16 CLEC-to-CLEC Connection Charge. Recovers the cost of order
processing, design and engineering. Additional charges will be assessed for Virtual
Collocation connections and cable holes, if applicable. There will be recurring charges
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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
nonrecurring charge for moves between the battery distribution fuse board and the
power board (for location changes) necessary for DC power reduction/restoration.
When Power is turned off or deactivated on a secondary power feed nonrecurring
charges (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. If 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 Inventory Charges. For standard CenturyLink
Postings of Collocation Available Inventory, CLEC will be charged the standard
Collocation rates, including the applicable QPF or Engineering and Planning Fee. CLEC
will also be charged for removal of terminations. For Special Sites, assuming CLEC 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 defined 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
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 Interconnection Agreement
without a discount.
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8.3.1.21 Collocation Joint Inventory Visit Charges. The pricing for Joint Inventory
Visit is a state-specific, nonrecurring charge identified in Exhibit A.
8.3.1.22 Maintenance Labor. Provides for the labor necessary for repair of out of
service and/or service-affecting conditions and preventative maintenance of CLEC
collocated equipment. CLEC is responsible for ordering maintenance spares.
CenturyLink 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.
8.3.1.23 Engineering Labor. Provides the planning and engineering of CLEC
collocated equipment at the time of installation, change or removal.
8.3.1.24 Installation Labor. Provides for the installation, change or removal of
CLEC collocated equipment.
8.3.2 Rate Elements - Virtual Collocation
The following rate elements, as specified in Exhibit A, apply uniquely to Virtual Collocation.
8.3.2.1 Maintenance Labor. Provides for the labor necessary for repair of out of
service and/or service-affecting conditions and preventative maintenance of CLEC
virtually collocated equipment. CLEC is responsible for ordering maintenance spares.
CenturyLink 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. If, 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.
Where more than one (1) CLEC in the same metropolitan area selects the same virtually
collocated equipment, the training costs shall be prorated to each according to the
number of CLECs so selecting.
8.3.2.3 Equipment Bay. Provides mounting space for CLEC virtually collocated
equipment. Each bay includes the seven (7) foot bay, its installation, and all necessary
environmental supports. Mounting space on the bay, including space for the fuse panel
and air gaps necessary for heat dissipation, is limited to seventy-eight (78) inches. The
monthly rate is applied per shelf. CLEC may request use of alternate bay heights of nine
(9) foot and eleven (11) foot six (6) inches, which will be considered on an Individual
Case Basis. No Equipment Bay Charge is assessed if CLEC provides its own
equipment bay.
8.3.2.4 Engineering Labor. Provides the planning and engineering of CLEC
virtually collocated equipment at the time of installation, change or removal.
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8.3.2.5 Installation Labor. Provides for the installation, change or removal of
CLEC virtually collocated equipment.
8.3.2.6 Floor Space Lease. Required for Virtual Collocation only in the instance
where CLEC provides its own equipment bay. This rate element provides the monthly
lease for the space occupied by CLEC-provided equipment bay, including property taxes
and base operating cost without 48 volt DC power. Includes convenience 110 AC, 15
amp electrical outlets provided in accordance with local codes and may not be used to
power transmission equipment or 48 volt DC power generating equipment. Also
includes maintenance for the leased space; provides for the preventative maintenance
(climate controls, filters, fire and life systems and alarms, mechanical systems, standard
HVAC); biweekly housekeeping services (sweeping, spot cleaning, trash removal) of
CenturyLink Premises areas surrounding CLEC-provided equipment bay and general
repair and maintenance. The Floor Space Lease includes required aisle space on each
side of CLEC-provided equipment bay.
8.3.2.7 Space Construction. This rate element includes the material and labor to
construct and prepare the space, including all support structure, cable racking specific to
the bay site. It also includes air conditioning (to support CLEC loads specified), lighting
(not to exceed two (2) watts per square foot), and convenience outlets and the cost
associated with space engineering. These elements have recurring and nonrecurring
charges.
8.3.2.8 Cable Rack. This rate element includes the metal structure that holds
and routes cabling throughout the CenturyLink Central Office that attaches to the bay
specific racking. This element has recurring and nonrecurring charges.
8.3.3 Rate Elements - Physical Collocation
8.3.3.1 Space Construction and Site Preparation. Includes the material and labor
to construct and prepare the space, including all support structure, cable racking and
lighting required to set up the space. It also includes air conditioning (to support CLEC
loads specified), lighting (not to exceed 2 watts per square foot), and convenience
outlets (3 per Caged or Cageless Collocation or number required by building code) and
the cost associated with space engineering. If a new line-up is established for Cageless
Collocation, an AC power outlet 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. In the case of Shared Collocation, CenturyLink
may not increase the cost of site preparation or nonrecurring charges above the TELRIC
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
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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. If 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. 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); a pro-rata share of biweekly housekeeping
services (sweeping, spot cleaning, trash removal) of CenturyLink Premises common
areas surrounding 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 Intentionally 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.

8.3.4 Rate Elements - ICDF Collocation
8.3.4.1 Rate elements for ICDF Collocation include security, QPF, DS0 circuit
legs, DS1 circuit legs, DS3 circuit legs, and fiber circuit legs. Circuit legs are defined as
termination blocks/panels and cables that are provisioned to meet CLEC's ICDF
Collocation needs. These rate elements and their associated charges are used to
develop a price quotation for the ICDF Collocation based on CLEC's Collocation
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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 Individual Case Basis, except where the Commission finds that
standard pricing elements can be reasonably identified and their costs determined,
depending on the specific needs of CLEC and the unique nature of the available
adjacent space (e.g., existing structure or new structure to be constructed).
8.3.6 Rate Elements Remote Collocation
8.3.6.1 Space Per Standard Mounting Unit 1.75 (one and seventy-five one
hundredths) vertical inches. This nonrecurring rate is associated with the cabinet space
and includes the cost of the cabinet and all of the work and materials associated with
placement of the cabinet. The recurring rate associated with the space covers
maintenance of the materials and equipment associated the cabinet as well as a portion
of the costs required for the power pedestal.
8.3.6.1.1 Feeder Distribution Interface (FDI) Terminations (per twenty-five
(25) pair). This nonrecurring rate includes costs associated with initial FDI
upgrade work required to provide the terminations requested at the FDI. The
recurring rate associated with the FDI covers maintenance of the cable between
the FDI and the remote collocation cabinet, as well as maintenance of the
terminations at the FDI. These charges will apply for both DS0 and DS1.

8.3.6.1.2 -48 Volt DC Power Usage Less Than or Equal to Sixty (60) Amps.
Provides -48 volt DC power to CLEC's collocated equipment and is fused at one
hundred twenty-five percent (125%) of the request. The -48 volt DC power
usage charge applies to the quantity of -48 volt capacity specified by CLEC in its
order on a per-ampere (amp) basis.
8.3.6.1.3 Quote Preparation Fee. A non-refundable nonrecurring charge for
the work required to plan, design, engineer, and develop a price quotation for
C cation request.
8.3.6.2 Additional Virtual Remote Terminal Features. Work functions that may be
required in the installation or repair of the Virtual Remote Collocation.
8.3.6.2.1 Flat Charge, Per Job. Nonrecurring charge to recover service
order costs when an additional service order must be issued when necessary for
or installation and maintenance-related work.
8.3.6.2.2 Engineering Rate. Provides the planning and engineering of
CLEC virtually remote collocated equipment at the time of installation, change or
removal. Business hours are considered to be Monday through Friday, 8:00 am
to 5:00 pm (local time), and after business hours are after 5:00 pm and before
8:00 am (local time), Monday through Friday, all day Saturday, Sunday and
holidays
8.3.6.2.3 Installation. Provides for the installation, change or removal of
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CLEC virtually remote collocated equipment.
8.3.6.2.4 Training. Provides for the training of CenturyLink personnel on a
metropolitan service area basis provided by the vendor of CLEC's virtually
remote collocated equipment when that equipment is different from CenturyLink-
provided equipment.
8.3.7 Rate Elements CLEC-to-CLEC Connections
8.3.7.1 The charges for CLEC-to-CLEC Connections are addressed in Section
8.3.1.16.
8.3.8 Rate Elements 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 DS1 voltage isolation. Charges
associated with these rate elements are specified in Exhibit A of this Agreement. These
rate elements and their associated charges are used to develop a price quotation for FC
Collocation based on CLEC's FC Collocation Application and the type of Entrance
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 Interconnection Distribution Frame
(ICDF) required to provision UNEs and other services.
8.3.9.2 Trouble Isolation 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 nonrecurring 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/COSMIC are both recurring and nonrecurring charges.
8.3.9.5 Splitter Charge A nonrecurring charge will apply for the cost of each
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 nonrecurring charge will apply for the planning and
engineering associated with placing Splitters in the Central Office, either in a bay, on the
ICDF, or on the MDF/
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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 Ordering
8.4.1 Ordering - All Collocation
8.4.1.1 CLEC must complete the requirements in the Implementation Schedule
Section of this Agreement before submitting a Collocation Application Form to
CenturyLink.
8.4.1.1.1 Nothing in this Agreement shall be construed to preclude CLEC
from submitting an order for Collocation prior to CLEC's execution of this
Agreement. If, however, the Collocation interval is completed before this
Agreement or another interconnection agreement becomes effective, the rates,
terms, and conditions of this Agreement shall apply to such Collocation.
8.4.1.2 Any material changes, modifications or additional engineering (Material
Changes) requested by CLEC, subsequent to its original Collocation order, as to the
type and quantity of equipment or other aspects of the original Collocation order, must
be submitted with a revised Collocation Application. For purposes of this section,
Material Changes are changes that would significantly impair CenturyLink's ability to
provision the requested Collocation within the applicable intervals if the changes are
provisioned with the original Collocation order and would require CenturyLink to incur
financial penalties under the terms of this Agreement or other Applicable Law.
CenturyLink shall determine the additional time required to comply with CLEC's request
for Material Changes (Additional Time), and CLEC shall have the option of (a) having the
request for Material Changes implemented with the original Collocation order (within the
original Provisioning intervals) as extended by the Additional Time; or (b) having
CenturyLink process and provision the request as a subsequent construction activity or
augmentation to the original Collocation order. Any nonmaterial changes, modifications,
or additional engineering requested by CLEC, subsequent to its original Collocation
order, may be submitted with a revised Collocation Application or otherwise
communicated to CenturyLink and shall be implemented with the original Collocation
order within the original applicable intervals.
8.4.1.3 There are three (3) primary steps in the ordering of Collocation 1)
Forecasting, 2) Application, and 3) Acceptance of Quotation.
8.4.1.4 CLEC shall submit an annual forecast, updated at the end of each
quarter, of its future Collocation requirements. The quarterly forecast shall be reviewed
by CLEC and the CenturyLink account team. CLEC's forecast shall be considered
accurate for purposes of Collocation intervals if the subsequent Collocation Application
correctly identifies a) and e) below, and b) and c) below are within twenty percent (20%)
of the forecast. If at the time the Collocation Application is made the forecasted type of
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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) Identification of the CenturyLink Premises;
b) Floor space requirements, including the number of bays for a Cageless
Collocation arrangement;
c) Power requirements;
d) Heat Dissipation (optional);
e) Type of Collocation (e.g., Caged Physical, Cageless Physical, Shared,
ICDF, Virtual, etc.);
f) Intentionally Left Blank;
g) Entrance Facility Type (e.g., 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 Information and
CenturyLink may not distribute, disclose or reveal, in any form, CLEC
forecasts other than as allowed and described in Subsections 5.16.9.1
and 5.16.9.2.
8.4.1.5 CLEC shall submit a Collocation Application to order Collocation at a
particular CenturyLink Premises. A Collocation Application shall be considered
complete, if it contains:
a) Identification of the CenturyLink Premises;
b) Floor space requirements, including the number of bays for a Cageless
Collocation arrangement;
c) Power requirements;
d) Heat dissipation;
e) Type of Collocation (e.g., Caged Physical, Cageless Physical, Shared,
Virtual, etc.);
f) Collocated equipment and technical equipment specifications
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(manufacturer make, model no., functionality i.e., cross connect, DLC, DSLAM,
transmission, Switch, etc., physical dimensions, quantity). (NOTE: Packet or
circuit switching equipment requires, in writing and attached to the Collocation
Application, how this equipment is necessary for access to UNEs or
Interconnection. A high level equipment interface or connectivity schematic for
the equipment should also be included.);
g) Entrance Facility type;
h) Type and quantity of terminations;
i) If desired, an alternate form of Collocation if the first choice is not
available; and
j) Billing contact.
8.4.1.5.1 Parties will work cooperatively to ensure the accuracy of the
Collocation Application. If CenturyLink determines that the Collocation
Application is not complete, CenturyLink shall notify CLEC of any deficiencies
within ten (10) Days after receipt of the Collocation Application. CenturyLink
shall provide sufficient detail so that CLEC has a reasonable opportunity to cure
each deficiency. To retain its place in the Collocation queue for the requested
Premises, CLEC must cure any deficiencies in its Collocation Application and
resubmit the Collocation Application within ten (10) Days after being advised of
the deficiencies.
8.4.1.6 Acceptance After receipt of a Collocation Quotation Form from
CenturyLink, CLEC shall formally accept the quotation in order for CenturyLink to
continue the processing of the Collocation Application. A Collocation Acceptance shall
be considered complete, if it contains:
a) Signed Notification of Acceptance; and
b) Payment of 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
feasibility within ten (10) Days.
8.4.1.7.2 Collocation Space Reservation Quotation If 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
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(25%) 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. If 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 (25%) 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 (25%) 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 (25%) payment as
follows:
a) Cancellation notification within ninety (90) Days from receipt of wire
transfer, seventy-five percent (75%) of the initial down payment will be
returned to CLEC.
b) Cancellation notification within ninety-one (91) and one hundred and
eighty (180) Days from receipt of wire transfer, fifty percent (50%) of the
initial down payment will be returned to CLEC.
c) Cancellation notification within one hundred and eighty-one (181) and
two hundred and seventy (270) Days from receipt of wire transfer, twenty-
five percent (25%) of the initial down payment will be returned to CLEC.
d) Cancellation notification after two hundred and seventy (270) Days
from receipt of wire transfer, zero percent (0%) of the initial down
payment 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
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
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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) for which the option is being sought.
CLEC must have met all past and present undisputed financial obligations to
CenturyLink. Upon receipt of the Collocation Space Option Application form,
CenturyLink will confirm in writing, within ten (10) Days, the availability of, and
price quotation (the "Option Fee") for the Optioned space. If 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
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 In order for an option request to avoid expiration, CLEC must:
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a) Submit a Collocation Application during the option time frame;
or
b) The option may be renewed if a Collocation Space Option
Application is received at least ten (10) Days prior to the expiration of the
term of the existing option. The priority of a renewed option is determined
by the date CLEC accepts the quotation from CenturyLink on CLEC's
renewal application.
8.4.1.8.7 First Right of Refusal If CenturyLink receives a valid
Collocation Application (CLEC A is the requesting party) for a CenturyLink Wire
Center in which all available space has been occupied or optioned, the following
provisions for First Right of Refusal 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). In
addition, CenturyLink will provide CLEC A with option space information
(e.g., 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
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
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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 In the event that the option party proceeds with a Collocation
Application for optioned space, all payments made pursuant to Section
8.4.1.8.7.4(b) above shall be applied to such Collocation Application.
8.4.1.9 The intervals for Virtual Collocation (Section 8.4.2), Physical Collocation
(Section 8.4.3), and ICDF Collocation (Section 8.4.4) apply to a maximum of five (5)
Collocation Applications per CLEC per week per state. If six (6) or more Collocation
Applications are submitted by CLEC in a one (1) week period in the state, intervals shall
be individually negotiated. CenturyLink shall, however, accept more than five (5)
Collocation Applications from CLEC per week per state, depending on the volume of
Collocation Applications pending from other CLECs.
8.4.2 Ordering - Virtual Collocation
8.4.2.1 Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5, CenturyLink will perform a feasibility study to determine if
adequate space, power and HVAC can be found for the placement of CLEC's equipment
within the Premises. The feasibility study 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 If CenturyLink determines that the Collocation Application is not
complete, CenturyLink shall notify CLEC of any deficiencies within ten (10) Days
of the Collocation Application. CenturyLink shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises, CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) Days after being advised of the deficiencies.
8.4.2.2 Quotation If Collocation Entrance Facilities and space are available,
CenturyLink 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, e.g., DS1 or DS3 cards to
existing virtually collocated equipment, will be processed and provisioned within ten (10)
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 Interval - The interval for Virtual Collocation shall vary depending upon
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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
such standard intervals.
8.4.2.4.1 Forecasted Applications with Timely Acceptance If a
Collocation Application is included in CLEC's forecast at least sixty (60) Days
prior to submission of the Collocation Application, and if CLEC provides a
complete Acceptance within seven (7) Days of receipt of the CenturyLink
Collocation quotation, and if all of CLEC's equipment is available at the
CenturyLink Premises no later than fifty-three (53) Days after receipt of the
complete Collocation Application, CenturyLink shall complete its installation of
the Collocation arrangement within ninety (90) Days of the receipt of the
complete Collocation Application. If CLEC's equipment is not delivered to
CenturyLink within fifty-three (53) Days after receipt of the complete Collocation
Application, CenturyLink shall complete the Collocation installation within forty-
five (45) Days of the receipt of all of CLEC's equipment.
8.4.2.4.2 Forecasted Applications with Late Acceptance If a Premises is
included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance more than
seven (7) Days but less than thirty (30) Days after receipt of the CenturyLink
Collocation quotation, and if all of CLEC's equipment is available at the
CenturyLink Premises no later than fifty-three (53) Days after receipt of the
complete Collocation Acceptance, CenturyLink shall complete its installation of
the Collocation arrangement within ninety (90) Days of the receipt of the
complete Collocation Acceptance. If CLEC's equipment is not delivered to
CenturyLink within fifty-three (53) Days after receipt of the complete Collocation
Acceptance, CenturyLink shall complete the Collocation installation within forty-
five (45) Days of the receipt of all of CLEC's equipment. If CLEC submits its
Acceptance more than thirty (30) Days after receipt of the CenturyLink quotation,
the Collocation Application shall be resubmitted by CLEC.
8.4.2.4.3 Unforecasted Applications with Timely Acceptance If a
Premises is not included in CLEC's forecast at least sixty (60) Days prior to
submission of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) Days of receipt of the CenturyLink Collocation
quotation, and if all of CLEC's equipment is available at the CenturyLink
Premises no later than fifty-three (53) Days after receipt of the complete
Collocation Application, CenturyLink shall complete its installation of the
Collocation arrangement within one hundred and twenty (120) Days of the receipt
of the complete Collocation Application. If CLEC's equipment is not delivered to
CenturyLink within fifty-three (53) Days after receipt of the complete Collocation
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Application, CenturyLink shall complete the Collocation installation within
seventy-five (75) Days of the receipt of all of CLEC's equipment.
8.4.2.4.4 Unforecasted Applications with Late Acceptance If a Premises
is not included in CLEC's forecast at least sixty (60) Days prior to submission of
the Collocation Application, and if CLEC provides a complete Acceptance more
than seven (7) Days but less than 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. If CLEC's equipment is not
delivered to CenturyLink within fifty-three (53) Days after receipt of the complete
Collocation Acceptance, CenturyLink shall complete the Collocation installation
within seventy-five (75) Days of the receipt of all of CLEC's equipment.
8.4.2.4.5 Intervals for Major Infrastructure Modifications Where No
Forecast is Provided An unforecasted Collocation Application may require
CenturyLink to complete major infrastructure modifications to accommodate
CL specific requirements. Major infrastructure modifications that may be
required include conditioning space, permits, DC power plant, standby
generators, heating, venting or air conditioning equipment. The installation
intervals in Sections 8.4.2.4.3 through 8.4.2.4.4 may be extended, if required, to
accommodate major infrastructure modifications. When major infrastructure
modifications as described above are required, and if all of CLEC's equipment is
available at the CenturyLink Premises no later than fifty-three (53) Days after
receipt of the complete Collocation Application, CenturyLink shall propose to
complete its installation of the Collocation arrangement within an interval of no
more than one hundred and fifty (150) Days after receipt of the complete
Collocation Application. The need for, and the duration of, an extended interval
shall be provided to CLEC as a part of the quotation. CLEC may dispute the
need for, and the duration of, an extended interval, in which case CenturyLink
must request a waiver from the Commission to obtain an extended interval.
8.4.2.4.6 Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space If CLEC's forecast or reservation triggers the
need for an infrastructure modification, CenturyLink shall take the steps
necessary to ensure that it 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. If not withstanding
these efforts, CenturyLink is unable to meet the interval and cannot reach
agreement with CLEC for an extended interval, CenturyLink may seek a waiver
from the Commission to obtain an extended interval.
8.4.3 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
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delay delivery of the ordered Collocation space and related facilities.
8.4.3.1.1 If CenturyLink determines that the Collocation Application is not
complete, CenturyLink shall notify CLEC of any deficiencies within ten (10) Days
of the Collocation Application. CenturyLink shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises, CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) Days after being advised of the deficiencies.
8.4.3.2 Quotation -- If Collocation Entrance 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 Interval The interval for Physical Collocation shall vary depending upon
three (3) factors: 1) whether the request was forecasted in accordance with Section
8.4.1.4 or the space was reserved, in accordance with Section 8.4.1.7; 2) whether CLEC
provides its Acceptance within seven (7) Days of receipt of the quotation; and 3) whether
the Collocation Application requires major infrastructure additions or modifications.
When CenturyLink is permitted to complete a Collocation installation in an interval that is
longer than the standard intervals set forth below, CenturyLink shall use its best efforts
to minimize the extension of the intervals beyond such standard intervals.
8.4.3.4.1 Forecasted Applications with Timely Acceptance If a Premises
is included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance within
seven (7) Days of receipt of the CenturyLink Collocation quotation, CenturyLink
shall complete its installation of the Collocation arrangement within ninety (90)
Days of the receipt of the complete Collocation Application.
8.4.3.4.2 Forecasted Applications with Late Acceptance If a Premises is
included in CLEC's forecast at least 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. If CLEC submits its Acceptance more than thirty (30)
Days after receipt of the CenturyLink quotation, a new Collocation Application
shall be resubmitted by CLEC.
8.4.3.4.3 Unforecasted Applications with Timely Acceptance If a
Premises is not included in CLEC's forecast at least sixty (60) Days prior to
submission of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) Days after receipt of the CenturyLink Collocation
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quotation, CenturyLink shall complete its installation of the Collocation
arrangement within one hundred and twenty (120) Days of the receipt of the
complete Collocation Application.
8.4.3.4.4 Unforecasted Applications with Late Acceptance If a Premises
is not included in CLEC's forecast at least sixty (60) Days 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 Intervals for Major Infrastructure Modifications Where No
Forecast is Provided An unforecasted Collocation Application may require
CenturyLink to complete major infrastructure modifications to accommodate
CLEC's specific requirements. Major infrastructure modifications that may be
required include conditioning space, permits, DC power plant, standby
generators, heating, venting or air conditioning equipment. The installation
intervals in Sections 8.4.3.4.3 through 8.4.3.4.4 may be extended, if required, to
accommodate major infrastructure modifications. When major infrastructure
modifications as described above are required, CenturyLink shall propose to
complete its installation of the Collocation arrangement within an interval of no
more than one hundred and fifty (150) Days after receipt of the complete
Collocation Application. The need for, and the duration of, an extended interval
shall be provided to CLEC as a part of the quotation. CLEC may dispute the
need for, and the duration of, an extended interval, in which case CenturyLink
must request a waiver from the Commission to obtain an extended interval.
8.4.3.4.6 Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space - If CLEC's forecast or reservation triggers the
need for an infrastructure modification, CenturyLink shall take the steps
necessary to ensure that it 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. If not withstanding
these efforts, CenturyLink is unable to meet the interval and cannot reach
agreement with CLEC for an extended interval, CenturyLink may seek a waiver
from the Commission to obtain an extended interval.
8.4.4 Ordering - Interconnection Distribution Frame (ICDF) Collocation
8.4.4.1 Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5, CenturyLink will perform a feasibility study to determine if
adequate space can be found for the placement and operation of CLEC's terminations
within the Wire Center. The feasibility study 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 DS0, DS1
and DS3 capacities that will be terminated on the Interconnection Distribution Frame by
CenturyLink on behalf of CLEC. Such forecasts shall be used by CenturyLink to
determine the sizing of required tie cables and the terminations on each Interconnection
Distribution Frame as well as the various other frames within the CenturyLink Wire
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Center.
8.4.4.1.1 If CenturyLink determines that the Collocation Application is not
complete, CenturyLink shall notify CLEC of any deficiencies within ten (10) Days
of the Collocation Application. CenturyLink shall provide 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 -- If 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 Interval The interval for ICDF Collocation shall vary depending upon two
(2) 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 and 2) whether CLEC
provides its Acceptance within seven (7) Days of the quotation. When CenturyLink is
permitted to complete a Collocation installation in an interval that is longer than the
standard intervals set forth below, CenturyLink shall use its best efforts to minimize the
extension of the intervals beyond such standard intervals.
8.4.4.4.1 Forecasted Applications with Timely Acceptance If a Premises
is included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance within
seven (7) Days of receipt of the CenturyLink Collocation quotation, CenturyLink
shall complete its installation of the Collocation arrangement within forty-five (45)
Days of the receipt of the complete Collocation Application.
8.4.4.4.2 Forecasted Applications with Late Acceptance If a Premises is
included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance more than
seven (7) Days but less than 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. If CLEC submits its Acceptance more than thirty (30)
days after receipt of the CenturyLink quotation, the Collocation Application shall
be resubmitted by CLEC.
8.4.4.4.3 Unforecasted Applications with Timely Acceptance If a
Premises is not included in CLEC's forecast at least sixty (60) Days prior to
submission of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) Days after receipt of the CenturyLink Collocation
quotation, CenturyLink shall complete its installation of the Collocation
arrangement within ninety (90) Days of the receipt of the complete Collocation
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Application. This interval may be lengthened if space must be reclaimed or
reconditioned. The need for an extended interval shall be provided to CLEC as a
part of the quotation. CLEC may dispute the need for an extended interval, in
which case CenturyLink must request a waiver from the Commission.
8.4.4.4.4 Unforecasted Applications with Late Acceptance If a Premises
is not included in CLEC's forecast at least sixty (60) Days prior to submission of
the Collocation Application and if CLEC provides a complete Acceptance more
than seven (7) Days but less than thirty (30) Days after receipt of the CenturyLink
Collocation quotation, CenturyLink shall complete its installation of the
Collocation arrangement within ninety (90) Days of the receipt of the complete
Collocation Acceptance. This interval may be lengthened if space must be
reclaimed or reconditioned. The need for an extended interval shall be provided
to CLEC as a part of the quotation. CLEC may dispute the need for an extended
interval, in which case CenturyLink must request a waiver from the Commission.
8.4.5 Ordering Adjacent Collocation
8.4.5.1 If space for Physical Collocation in a particular CenturyLink Premises is
not available at the time of CLEC's request, CLEC may request CenturyLink to conduct a
feasibility study for Adjacent Collocation for that Premises site. CenturyLink
recommends that CenturyLink and CLEC conduct a joint site visit of such Premises to
determine if suitable arrangements can be provided on CenturyLink's 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 If a new structure is to be constructed, the interval shall be developed on
an Individual Case Basis, to account for the granting of permits or Rights of Way (ROW),
if required, the provision of Collocation services by CenturyLink, in accordance with
CLEC's Collocation Application, and the construction by CLEC of the adjacent structure.
If CLEC disputes the interval proposed by CenturyLink, CenturyLink must promptly
petition the Commission for approval of such disputed interval.
8.4.5.3 If Adjacent Collocation is provided within an existing CenturyLink
Premises, the ordering procedures and intervals for Physical Collocation shall apply.
8.4.6 Ordering Remote Collocation and Adjacent Remote Collocation
8.4.6.1 The ordering procedures and intervals for Physical Collocation or Virtual
Collocation shall apply to Remote Collocation, and to Adjacent Remote Collocation
provided within an existing CenturyLink Premises, except Sections 8.4.3.4.3 and
8.4.3.4.4. Remote Collocation and Adjacent Remote Collocation are ordered using the
Remote Collocation Application Form.
8.4.6.2 If space for Physical Collocation or Virtual Collocation in a particular
CenturyLink Remote Premises is not available at the time of CLEC's request, CLEC may
order Adjacent Remote Collocation using the ordering procedures described above for
Adjacent Collocation in Sections 8.4.5.1 and 8.4.5.2.
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8.4.7 Ordering CLEC to CLEC Connections
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 If CenturyLink determines that the Collocation Application is not
complete, CenturyLink shall notify CLEC of any deficiencies within ten (10) Days
of the Collocation Application. CenturyLink shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises, CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) Days after being advised of the deficiencies.
8.4.7.2 Quotation -- If existing cable racking is available, CenturyLink will provide
CLEC with a quotation and the specific cable rack route to CLEC with the feasibility
study. If additional cable racking is required to accommodate CLEC's request,
CenturyLink shall provide a feasibility and quotation to CLEC no later than ten (10) Days
of receipt of Collocation Application. CLEC-to-CLEC Connection quotations 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-to-CLEC connections with existing cable rack. CLEC
must submit payment of one hundred percent (100%) of the quoted nonrecurring
charges with its Acceptance. Upon receipt of a complete Collocation
Acceptance, CLEC may begin placement of its copper, coax, or fiber cables
along the CenturyLink designated cable rack route. Recurring charges will begin
with CLEC Acceptance.
8.4.7.3.2 CLEC-to-CLEC Connections using new cable rack. Upon
receipt of a complete Acceptance from CLEC, as described in Section 8.4.1.6,
CenturyLink will begin construction of the new cable rack.
8.4.7.4 Interval Pursuant to Section 8.4.7.3.2, the construction interval for
CLEC-to-CLEC Connections requiring the construction of new cable rack by CenturyLink
shall be within sixty (60) Days of the receipt of the complete Collocation Acceptance. If
CLEC submits its Acceptance more than thirty (30) Days after receipt of the CenturyLink
quotation, the Collocation Application shall be resubmitted by CLEC.
8.4.8 Ordering Direct Connections
8.4.8.1 Application Where Direct Connection is requested in a Wire Center
where CLEC already has established Collocation, upon receipt of the applicable portions
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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 If CenturyLink determines that the Collocation Application is not
complete, CenturyLink shall notify CLEC of any deficiencies within ten (10) Days
of the Collocation Application. CenturyLink shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises, CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) Days after being advised of the deficiencies.
8.4.8.2 Quotation If existing cable racking is available, CenturyLink will provide
CLEC with a quotation and the specific cable rack route with the feasibility study. If
additional cable racking is required to accommodate CLEC's request, CenturyLink shall
provide a quotation to CLEC no later than ten (10) Days after receipt of a complete
Collocation Application. Direct Connection quotations 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 Interval The construction interval for Direct Connections shall be
dependent upon whether the Direct Connection is to the COSMIC frame requiring a
MELD and or if new cable racking is required.
8.4.8.4.1 If CLEC provides a complete Acceptance within thirty (30) Days
of receipt of the CenturyLink Collocation quotation, CenturyLink shall complete its
installation of the Direct Connection above the DS0 level where no new cable
racking is required within thirty (30) Days of the receipt of the complete
Collocation Acceptance. If Direct Connection is required at the DS0 level, to the
COSMIC , 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
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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 If CenturyLink determines that the Collocation Application is not
complete, CenturyLink shall notify CLEC of any deficiencies within ten (10) Days
of the Collocation Application. CenturyLink shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises, CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) Days after being advised of the deficiencies.
8.4.9.2 Quotation If Collocation Entrance Facilities and space are available,
CenturyLink will develop a price quotation within twenty-five (25) Days of providing the
feasibility study. Facility Connected Collocation price quotations 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 ceptance 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 Interval The interval for FC Collocation shall vary depending based on
two (2) factors 1) whether CLEC provides its Acceptance within seven (7) Days of
receipt of the quotation; and 2) whether 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. If 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-POI.
8.5 Billing
8.5.1 Billing - All Collocation
8.5.1.1 Upon completion of the Collocation construction activities and payment of
the remaining nonrecurring balance, CenturyLink will provide CLEC a completion
package that will initiate the recurring Collocation charges. Once this completion
package has been signed by CLEC and CenturyLink, and CenturyLink has received the
final fifty percent (50%) balance, CenturyLink will activate CLEC transport services
and/or UNEs or ancillary services coincident with completion of the Collocation.
8.5.1.2 In the event CenturyLink has completed all associated construction
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activities and CLEC has not completed its associated activities (e.g., delivering fiber to
the C-POI, or providing the equipment cables for connecting to the Interconnection
Distribution Frame), CenturyLink will bill an adjusted amount of the remaining
nonrecurring balance, close the job, and begin Billing the monthly recurring rent charge.
In those instances where the job is delayed due to CLEC not having its fiber to the POI,
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 Collocation
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
nonrecurring 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. If CenturyLink, despite its best efforts, including notification through the
contact number on the Collocation Application, is unable to schedule the walk through
with CLEC within twenty-one (21) Days of the RFS, CenturyLink shall activate the
monthly recurring charges.
8.6 Maintenance and Repair
8.6.1 Virtual Collocation
8.6.1.1 Maintenance Labor, Inspector Labor, Engineering Labor and Equipment
Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm
(local time) and after business hours are after 5:00 pm and before 8:00 am (local time),
Monday through Friday, all day Saturday, Sunday and holidays.
8.6.1.2 Installation and maintenance of CLEC's virtually collocated equipment will
be performed by CenturyLink or a CenturyLink authorized vendor.
8.6.1.3 Upon failure of CLEC's virtually collocated equipment, CenturyLink will
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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 Physical Collocation
8.6.2.1 CLEC is responsible for the maintenance and repair of its equipment
located within CLEC's leased space.
8.6.3 Interconnection Distribution Frame
8.6.3.1 CLEC is responsible for block and jumper inventory and maintenance at
the Interconnection Distribution Frame and using industry accepted practices for its
terminations. Additionally, CLEC is responsible for having jumper wire and tools for
such operations. CenturyLink is responsible for the overall repair and maintenance of
the frame; including horizontal and vertical mounting positions, cable raceways, rings,
and troughs, and general housekeeping of the frame.
8.6.4 Adjacent Collocation and Adjacent Remote Collocation
8.6.4.1 CLEC is responsible for the maintenance and repair of its equipment
located within CLEC's Adjacent Collocation and Adjacent Remote Collocation space.
8.6.5 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 Interconnection, 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 Splitter Collocation
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
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 9.0 - UNBUNDLED NETWORK ELEMENTS
9.1 General Terms
9.1.1 Changes in law, regulations or other "Existing Rules" relating to Unbundled
Network Elements (UNEs), including additions and deletions of elements CenturyLink is
required to unbundle and/or provide in a UNE Combination, shall be incorporated into this
Agreement by amendment pursuant to Section 2.2. CLEC and CenturyLink agree that the
UNEs identified in Section 9 are not exclusive and that pursuant to changes in FCC rules, the
Bona Fide Request Process, or Special Request Process (SRP), CLEC may identify and
request that CenturyLink furnish additional or revised UNEs to the extent required under Section
251(c)(3) of the Act. Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain
a UNE subsequently defined by the FCC.
9.1.1.1 UNEs shall only be obtained for the provision of Telecommunications
Services, which do not include telecommunications utilized by CLEC for its own
administrative use.
9.1.1.2 CLEC may not access UNEs for the exclusive provision of Mobile
Wireless Services or Interexchange Services.
9.1.1.3 If CLEC accesses and uses a UNE consistently with Section 9.1.2, CLEC
may provide any Telecommunications Services over the same UNE.
9.1.1.4 To submit an order to obtain a high capacity Loop or transport UNE,
CLEC must undertake a reasonably 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 IV, V, and VI of the Triennial Review Remand Order and that it is
therefore entitled to unbundled access to the particular Network Elements sought
pursuant to Section 251(c)(3) of the Act. As part of such reasonably diligent inquiry,
CLEC shall ensure that a requested unbundled DS1 or DS3 Loop is not in a Wire Center
identified on the list provided by CenturyLink of Wire Centers that meet the applicable
non-impairment thresholds as specified in Section 9.2, and that a requested unbundled
DS1, DS3 and/or dark fiber transport circuit UNE is not between Wire Centers found
identified on the list of Wire Centers that meet the applicable non-impairment threshold
as specified in Section 9.6.
9.1.1.4.1 Upon receiving a request for access to a dedicated transport or
high-capacity loop UNE that indicates that the UNE meets the relevant factual
criteria discussed in Sections V and VI of the Triennial Review Remand Order,
CenturyLink must immediately process the request. To the extent that
CenturyLink seeks to challenge any other such UNEs, it subsequently can raise
that issue through the dispute resolution procedures provided for in this
Agreement.
9.1.1.4.2 Intentionally Left Blank

9.1.1.4.3 Additional Non-Impaired Wire Centers. When CenturyLink files a
request(s) to add additional Wire Center(s) to the CenturyLink Non-impaired Wire
Center list, CenturyLink will follow the procedures for making such requests as
agreed to by CenturyLink and certain CLECs in the Multi-state Settlement
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Agreement Regarding Wire Center Designations and Related Issues on June 20,
2007. If the Commission approves the Wire Center(s) as non-impaired, fifteen
(15) Days after Commission-approval CLEC will no longer order impacted High
Capacity Loops, high capacity transport UNEs and Dark Fiber Dedicated
Transport UNEs in (for loops) or between (for transport) those Non-impaired Wire
Centers. CenturyLink and CLEC will work together to identify those circuits
impacted by such change.

9.1.1.4.3.1 Length of Transition Period for Additional Non-Impairment
Designations.

9.1.1.4.3.1.1 When a wire center meets additional DS1 and DS3
loop or high capacity transport UNE non-impairment as described
in Section 9.1.1.4.3, CLEC will have ninety (90) Days from the
effective date to transition the applicable Non-Impaired Facilities
to an alternative service.

9.1.1.4.3.1.2 When a wire center meets additional Dark Fiber
transport non-impairment as described in Section 9.1.1.4.3, CLEC
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-
Impairment Designations.

9.1.1.4.3.2.1 For a ninety (90) Day period beginning on the
effective date on which the Commission approves an addition to
the CenturyLink Non-impaired Wire Center list, any DS1 Loop
UNEs, DS3 Loop UNEs, DS1 Dedicated Transport UNEs, and
DS3 Dedicated Transport UNEs that CLEC leases from
CenturyLink as of that date, but which CenturyLink is not obligated
to unbundle, shall be available for lease from CenturyLink at a rate
equal to 115% of the UNE rates applicable as of the effective date
on which the Commission adds the Wire Center to the
CenturyLink Non-impaired Wire Center list.

9.1.1.4.3.2.2 For a one-hundred and eighty (180) Day period
beginning on the effective date on which the Commission
approves an addition to the CenturyLink Non-impaired Wire
Center list, any Dark Fiber Dedicated Transport UNEs that CLEC
leases from CenturyLink as of that date, but which CenturyLink is
not obligated to unbundle, shall be available for lease from
CenturyLink at a rate equal to 115% of the UNE rates applicable
as of the effective date on which the Commission adds the Wire
Center to the CenturyLink Non-impaired Wire Center list.

9.1.1.4.3.2.3 The 115% rate described in Sections 9.1.1.4.3.2.1
and 9.1.1.4.3.2.2 will be applied to CLEC bills on the following bill
cycle, and may be applied as a manual adjustment. Any manual
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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 (CKT) 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-recurring
charges apply for the transition, other than OSS non-recurring
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 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 If it is determined by CLEC or CenturyLink that CLEC's access to or use
of UNEs is inconsistent with Existing Rules, except due to change of law, CLEC has
thirty (30) Days to convert such UNEs to alternate service arrangements and CLEC is
subject to back 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. § 69.115, CLEC shall document in its certification when and how
the circuit was modified to permit interconnection of the circuit with a local exchange
subscriber line.
9.1.1.7 To the extent it is Technically Feasible, CLEC may Commingle
Telecommunications Services purchased on a resale basis with an Unbundled Network
Element or combination of Unbundled Network Elements. Notwithstanding the
foregoing, the following are not available for resale Commingling:
a) Non-telecommunications services;
b) Enhanced or Information services;
c) Features or functions not offered for resale on a stand-alone basis or
separate from basic Exchange Service; and
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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.g., switched and special access services offered pursuant to
Tariff), and request CenturyLink to perform the necessary functions to provision such
Commingling. CLEC will be required to provide the CFA (Connecting Facility
Assignment) of CLEC's network demarcation (e.g., Collocation or multiplexing facilities)
for each UNE, UNE Combination, or wholesale service when requesting CenturyLink to
perform the Commingling of such services. CenturyLink shall not deny access to a UNE
on the grounds that the UNE or UNE Combination shares part of CenturyLink's network
with access services.
9.1.1.8.1 When a UNE and other service are Commingled, the service
interval for each facility being Commingled 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 service'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 the
Communications Act of 1934, as amended, with Unbundled Network Elements or
combinations of Unbundled Network Elements.
9.1.1.8.3 Services are available for Commingling only in the manner in
which they are provided in CenturyLink's applicable product Tariffs, catalogs,
price lists, or other Telecommunications Services offerings.
9.1.1.8.3.1 Entrance Facilities and mid-span meet SPOI obtained
pursuant to Section 7 of this Agreement are not available for
Commingling.
9.1.1.9 Ratcheting. To the extent that CLEC requests CenturyLink to commingle
a UNE or a UNE Combination with one or more 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
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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 apply
to 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.g.,
high capacity loops attached to special access transport).
9.1.1.10.1 Except as otherwise provided in this Section 9.1.1.10, CenturyLink
shall provide access to Unbundled Network Elements and Combinations of
Unbundled Network Elements without regard to whether CLEC seeks access to
the Unbundled Network Elements to establish a new circuit or to convert an
existing circuit from a service to Unbundled Network Elements.
9.1.1.10.2 CLEC must certify that the following Service Eligibility Criteria are
satisfied to: (1) convert a special access circuit to a high capacity EEL, (2) to
obtain a new high capacity EEL; or (3) to obtain at UNE pricing any portion of a
Commingled circuit that includes a high capacity Loop and transport facility or
service. Such certification shall be in accordance with all of the following
sections.
9.1.1.10.2.1 State Certification. CLEC has received state certification
to provide local voice service in the area being served or, in the absence
of a state certification requirement, has complied with registration,
tariffing, filing fee, or other regulatory requirements applicable to the
provision of local voice service in that area.
9.1.1.10.2.2 Per Circuit Criteria. The following criteria are satisfied for
each combined circuit, including each DS1 circuit, each DS1 EEL, and
each DS1-equivalent circuit on a DS3 EEL:
9.1.1.10.2.3 Telephone Number Assignment. Each circuit to be
provided to each End User Customer 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.
9.1.1.10.2.4 911 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.
9.1.1.10.2.5 Collocation.
a) Each circuit to be provided to each End User Customer will
terminate in a Collocation arrangement that is established pursuant to
Section 251(c)(6) of the Act and located at CenturyLink's Premises within
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the same LATA as the End User Customer's premises, when CenturyLink
is not the collocator, and cannot be at an Interexchange Carrier POP or
ISP POP location;
b) Each circuit to be provided to each End User Customer 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
facility, the multiplexed facility must be terminated in a Collocation
arrangement that is established pursuant to Section 251(c)(6) of the Act
and located at CenturyLink's Premises within the same LATA as the End
User Customer's premises, when CenturyLink is not the collocator, and
cannot be at an Interexchange Carrier POP or ISP POP location.
9.1.1.10.2.6 Interconnection Trunking. CLEC must arrange for the
meaningful exchange of traffic which must include hand-offs of local voice
calls that flow in both directions. Where 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 DS0 equivalent LIS trunk in the same LATA as the End
User Customer served by the circuit. For each twenty-four (24) DS1
circuits, CLEC must maintain at least one (1) active DS1 LIS trunk in the
same LATA as the End User Customer served by the circuit.
9.1.1.10.2.6.1 Calling Party Number. Each circuit to be provided
to each End User Customer will be served by an Interconnection
trunk over which CLEC will transmit the Calling Party Number in
connection with calls exchanged over the trunk. For each twenty-
four (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. If the Calling Party Number is not
exchanged over an Interconnection trunk, that trunk shall not be
counted towards meeting these criteria.
9.1.1.10.2.7 End Office Switch. Each circuit to be provided to each End
User Customer 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
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Eligibility shall remain valid only so long as CLEC continues to meet the Service
Eligibility Criteria set forth above. If CLEC's Service Eligibility on a given high
capacity combination or Commingled facility is no longer valid, CLEC must
submit a service order converting the facility to the appropriate private
line/special access service within thirty (30) Days.
9.1.1.10.5 Service Eligibility Audits. In order to confirm reasonable
compliance with these requirements, CenturyLink may perform Service Eligibility
Audits of CLEC's records. Service Eligibility Audits shall be performed in
accordance with the following guidelines:
9.1.1.10.5.1 CenturyLink may, upon thirty (30) Days written notice to
CLEC that has purchased high capacity combination and Commingled
facilities, conduct a Service Eligibility Audit to ascertain whether those
high capacity 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.g., 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 auditor's 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 Institute for
Certified Public Accountants (AICPA) and during normal business hours,
unless there is a mutual agreement otherwise.
9.1.1.10.5.5 CenturyLink shall not exercise its Service Eligibility Audit
rights with respect to CLEC (excluding Affiliates), more than once in any
calendar year, unless an audit finds non-compliance. If a Service
Eligibility Audit does find non-compliance, CenturyLink shall not exercise
its Service Eligibility Audit 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.
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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.
9.1.1.10.5.9 CLEC shall maintain appropriate records to support its
Service Eligibility Criteria. However, CLEC has no obligation to keep any
records that it does not keep in the ordinary course of its business.
9.1.1.10.5.10 If a Service Eligibility Audit demonstrates that a high
capacity combination and Commingled facilities do not meet the Service
Eligibility Criteria above, the CLEC must convert all non-compliant circuits
to private line/special access circuits and CLEC must true-up any
difference in payments within 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. In 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. In addition, CenturyLink shall comply with all state
wholesale service quality requirements.
9.1.2.1 If 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 Carrier (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.
If available facilities are not readily identified through the normal assignment
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process, but facilities can be made ready by the requested Due Date, CLEC will
not receive an additional FOC, and the order Due Date will not be changed.
9.1.2.1.2 If cable capacity is available, CenturyLink will complete
incremental facility work (i.e., conditioning, place a drop, add a Network Interface
Device, and other routine network modifications as described below) in order to
complete facilities to the End User Customer's premises.
9.1.2.1.2.1 CenturyLink shall make all routine network
modifications to unbundled Loop and transport facilities used by CLEC
where the requested loop or transport facility has already been
constructed. CenturyLink shall perform these routine network
modifications to unbundled Loop or transport facilities in a non-
discriminatory fashion, without regard to whether the Loop or transport
facility being accessed was constructed on behalf, or in accordance with
the specifications, of any carrier.
9.1.2.1.2.2 A routine network modification is an activity that
CenturyLink regularly undertakes for its own retail End User Customers.
Routine network modifications include, but are not limited to, rearranging
or splicing of cable; adding an equipment case; adding a doubler or
repeater; adding a smart jack; installing a repeater shelf; adding a line
card; deploying a new multiplexer or reconfiguring an existing multiplexer;
and attaching electronic and other equipment that CenturyLink ordinarily
attaches to a DS1 loop to activate such loop for its own retail End User
Customer. They also include activities needed to enable CLEC to light a
dark fiber transport facility. Routine network modifications may entail
activities such as accessing manholes, deploying bucket trucks to reach
aerial cable, and installing equipment casings. Routine network
modifications do not include the installation of new aerial or buried cable
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. If 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. If 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
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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.g., Distribution Area for copper distribution, route number for copper
feeder, and termination CLLI codes for fiber). CLEC acknowledges that
CenturyLink does not warrant or guarantee the estimated Ready for Service
Dates. CLEC also acknowledges that funded CenturyLink outside plant
engineering jobs may be modified or cancelled at any time.
9.1.3 Intentionally Left Blank.
9.1.4 CenturyLink will provide a connection between Unbundled Network Elements
and a Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). An ITP is
required for each Unbundled Network Element or 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 Interconnection Distribution
Frame (ICDF); or
c) if CLEC elects to use an ICDF in association with Virtual or Physical
Collocation, at the ICDF; or
d) if CLEC elects to use a direct connection from its Collocation space to the
distribution frame serving a particular element, at the distribution frame; or
e) at another Central 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
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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
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 Installation intervals for Unbundled Network Elements are contained in Exhibit C.
9.1.8 Maintenance and repair is described herein. The repair center contact telephone
numbers are provided in the PCAT, which is located on the CenturyLink web site.
9.1.9 In order to maintain and modernize the network properly, CenturyLink may make
necessary modifications and changes to the UNEs in its network on an as needed basis. Such
changes may result in minor changes to transmission parameters. Network maintenance and
modernization activities 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 Interoperability pursuant to applicable FCC rules. Changes that affect network
Interoperability include changes to local dialing from seven (7) to ten (10) digit, area code splits,
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and new area code implementation. FCC rules are contained in C.F.R. Parts 51 and 52.
CenturyLink provides such disclosures on an Internet 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 Interconnection
between a Collocation space and CenturyLink's network. Cable distance limitations are based
on ANSI Standard T1.102-1993 "Digital Hierarchy Electrical Interface; Annex B."
9.1.11 Recurring and nonrecurring charges apply for Unbundled Network Elements, as
provided under "Rate Elements" subsections of this Section 9.
9.1.12 Miscellaneous Charges apply for miscellaneous services listed below in this
section, if such miscellaneous services are available with Unbundled Network Elements as
provided under "Rate Elements" subsections of this Section 9. Miscellaneous services are
provided at CLEC's request or are provided based on CLEC's actions that result in
miscellaneous services being provided by CenturyLink. Miscellaneous Charges are in addition
to recurring and nonrecurring charges that apply under this Agreement. When more than one
miscellaneous service is requested for the same Unbundled Network Element(s), Miscellaneous
Charges for each miscellaneous service apply. Basic rates apply for miscellaneous services
provided during CenturyLink's regular business hours, 8 a.m. to 5 p.m., local time, Monday
through Friday, excluding holidays; overtime Miscellaneous Charges apply for such services
provided between 5 p.m. and 8 a.m., local time, Monday through Friday, or any time Saturday,
excluding holidays; and premium Miscellaneous Charges apply for such services provided any
time on Sundays or holidays.
a) Additional engineering engineering work including: 1) additional technical
information after CenturyLink has already provided the technical information normally on
the design layout record; 2) customized service; or 3) review of CenturyLink outside
plant records. Basic or overtime rates apply.
b) Additional labor installation installation work scheduled to be performed
outside of CenturyLink's regular business hours. Overtime or premium rates apply.

c) Additional labor - other - work not included in "additional labor installation"
above that involves labor only, including testing and maintenance that are not part of
initially requested installation or maintenance, or, for example, for Optional Testing when
CLEC reports trouble and provides no test results and authorizes CenturyLink to perform
tests on CLEC's behalf. Basic, overtime, or premium rates apply.

d) Additional cooperative acceptance testing performing specific tests requested
by CLEC. CenturyLink's participation in such testing is subject to the availability of
necessary qualified CenturyLink personnel and test equipment at test locations, which
normally include the CenturyLink Central Office and may include CLEC's specified
location. Tests include, but are not limited to, loop back, attenuation, intermodulation,
phase jitter, noise, delay, echo, and frequency shift tests. Basic, overtime, or premium
rates apply.
e) Non-scheduled testing - performing specific tests requested by CLEC as
described above ooperative testing" or anual testing" on a non-scheduled
basis. Tests include, but are not limited to, loss, noise, slope, delay, and echo. Such
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tests are performed as the result of a repair request and are in addition to tests required
to isolate and repair trouble. Basic, overtime, or premium rates apply.
f) Cancellation cancellation of a pending order for the installation of services at
any time prior to notification by CenturyLink that service is available for use. The
cancellation date is the date CenturyLink receives notice from CLEC that the order is
cancelled. If CLEC or CLEC's End User Customer is unable to accept service within
thirty (30) Days after the original Due Date, the order will be cancelled by CenturyLink.
Additional information concerning the application of prices for cancellations can be found
in CenturyLink's Tariff FCC No. 1, Section 5.
g) Design change information provided by CLEC or a request from CLEC that
results in an engineering review and/or a design change to service on a pending service
order, per order, per occurrence. Design changes include, but are not limited to: 1)
changes to the address on a pending service order when the new address is in the same
CenturyLink Wire Center as the original address; or 2) conversions from an Unbundled
Network Element to a private line/Special Access circuit. In addition to a design change
Miscellaneous Charge, an address change may result in the application of an expedite
Miscellaneous Charge in order to retain the original Due Date.
h) Dispatch 1) information provided by CLEC, or a request from CLEC, in relation
to installation of services, resulting in dispatch of a CenturyLink technician(s) when
dispatch is not required for CenturyLink to complete its installation work; 2) information
provided by CLEC resulting in dispatch, or a request from CLEC for dispatch, of a
CenturyLink technician(s) in relation to a repair request where no trouble is found in
CenturyLink's 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 Interval Guide; or that is a request for an earlier Due Date than
has been established on a pending order; or that is required to meet a Due Date on a
pending order due to design or other changes submitted by CLEC. CenturyLink 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 Isolation work performed by CenturyLink when
CLEC reports trouble to CenturyLink and no trouble is found in CenturyLink's facilities.
CLEC is responsible for payment of charges when the trouble is in equipment or
systems provided by a 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
Isolation Charges (TIC) apply for trouble isolation work on POTS and Maintenance of
Service charges apply for trouble isolation work on other services. Dispatch
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Miscellaneous Charges may apply in addition to Maintenance of Service charges or TIC.
Basic, overtime, or premium rates apply.
9.1.13 Intentionally Left Blank.
9.1.14 Intentionally Left Blank.
9.1.15 Expedite requests for designed Unbundled Network Elements are available.
Expedites are requests for intervals that are shorter than the interval defined in CenturyLink's
Service Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates. When expedites are
approved, expedite charges apply per order for every day that the Due Date interval is
shortened, based on the standard interval in the SIG or based on ICB criteria for Due Dates.
Expedite charges 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 Intentionally Left Blank.
9.2 Unbundled Loops
9.2.1 Description
The Unbundled Loop is defined as a transmission facility between a distribution frame (or its
equivalent) in a CenturyLink Central 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-the-
Home (FTTH) loop is a local Loop consisting entirely of fiber optic cable, whether dark or
lit, and serving an End User Customer's premises, or, in the case of predominantly
residential multiple 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
Fiber-to-the-Curb (FTTC) loop is a local loop consisting of fiber optic cable connecting to
a copper distribution plant loop that is not more than 500 feet from the End User
Customer's premises or, in the case of predominantly residential MDU, not more than
500 feet from the MDU's MPOE. The fiber optic cable in a FTTC must connect to a
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copper distribution plant loop at a serving area interface from which every other copper
distribution Subloop also is not more than 500 feet from the respective End User
Customer's premises.
9.2.1.2.1 FTTH/FTTC New Builds. 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 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 parallel to, or in replacement of,
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 Customer's premises after deploying the
FTTH/FTTC loop to such premises, and (ii) upon request provide access
to such copper loop as an Unbundled Network Element. Notwithstanding
the foregoing, CenturyLink shall not be required to incur any expense to
ensure that any such existing copper loop remains capable of transmitting
signals prior to receiving a request from CLEC for access, as set forth
above, in which case CenturyLink shall restore such copper loop to
serviceable condition on an Individual Case Basis. Any such restoration
shall not be subject to Performance Indicator Definition or other
performance service measurement or intervals. CenturyLink's obligations
under this subsection 9.2.1.2.2 shall terminate when CenturyLink retires
such copper Loop in accordance with the provisions of Section 9.2.1.2.3
below.
9.2.1.2.3 Retirement of Copper Loops or Copper Subloops and
Replacement with FTTH/FTTC Loops. In 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 (90th) Day after the FCC's release of its public
notice of the filing, unless an objection is filed pursuant to the FCC's rules. In
accordance with the FCC's rules: (i) CLEC objection to a CenturyLink notice that
it plans to replace any copper Loop or copper Subloop with a 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
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distribution plant.
9.2.1.3.1 Broadband Services. When CLEC seeks access to a Hybrid
Loop for the provision of broadband services, including DS1 or DS3 capacity, but
not DSL, CenturyLink shall provide CLEC with non-discriminatory access on an
unbundled basis to time division multiplexing features, functions, and capabilities
of that Hybrid Loop, only where impairment has been found to exist to establish a
complete transmission path between CenturyLink's Central Office and an End
User Customer's premises. This access shall include access to all features,
functions, and capabilities of the Hybrid Loop that are not used to transmit
packetized information.
9.2.1.3.2 Narrowband Services. When CLEC seeks access to a Hybrid
Loop for the provision of narrowband services, CenturyLink may either:
a) Provide non-discriminatory access, on an unbundled basis, to
an entire Hybrid Loop capable of voice-grade service (i.e., equivalent to
DS0 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.
9.2.2 Terms and Conditions
9.2.2.0 UNE Analog Loops Pursuant to the terms of the FCC Forbearance
Orders, the terms and conditions under which CLEC may order and maintain Analog
Unbundled Loops, as defined in Section 9.2.2 of the Agreement are no longer available
after February 2, 2020.
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 Interface
codes, as contained in the relevant technical publications and industry standards.
9.2.2.1.2 Use of the word "compatible" to describe Loops in Section 9.2
means the Unbundled Loop complies with technical parameters of the specified
Network Channel/Network Channel Interface codes as specified in the relevant
technical publications and industry standards. CenturyLink makes no
assumptions as to the capabilities of CLEC's Central Office equipment or the
Customer Premises Equipment.
9.2.2.2 Digital Capable Loops DS0
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9.2.2.2.0 Pursuant to the terms of the FCC Modernization Order, the
terms and conditions for UNE Digital Loops in Sections 9.2.2.2 of the Agreement
are not available after February 8, 2023.
9.2.2.2.1 If CenturyLink uses Integrated Digital Loop Carrier (IDLC)
systems to provide the Unbundled Loop, CenturyLink will first attempt, to the
extent possible, to make alternate arrangements such as Line and Station
Transfers (LST), to permit CLEC to obtain a contiguous copper Unbundled Loop.
If a LST is not available, CenturyLink may also seek alternatives such as
Integrated Network Access (INA), hair pinning, or placement of a Central Office
terminal, to permit CLEC to obtain an Unbundled Loop. If 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.
9.2.2.2.1.1 In areas where CenturyLink has deployed amounts
of IDLC that are sufficient to cause reasonable concern about CLE
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 Information. CLEC shall be
responsible for CenturyLink cremental costs to provide such
information or access mediation.
9.2.2.3 Digital Capable Loops DS1 and DS3 Capable Loops, Basic Rate
(BRI) ISDN Capable Loops, 2/4 Wire Non-Loaded Loops and xDSL-I 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 continuity
does not apply to digital capable Loops. If conditioning is required, then CLEC shall be
charged for such conditioning as set forth in Exhibit A if it authorized CenturyLink to
perform such conditioning.
9.2.2.3.0 Pursuant to the terms of the FCC Modernization Order, the terms
and conditions for UNE Digital Capable Loops in Section 9.2.2.3 of the
Agreement are not available subject to the following transition periods:

a) UNE DS1 Loops not available as of February 8, 2023;
b) UNE DS3 Loops not available as of February 8, 2021;
c) UNE ISDN Capable Loops not available as of February 8, 2023;
d) 2/4 Wire Non-Loaded Loops not available as of February 8, 2023;
e) XDSL Loops not available as of February 8, 2023.
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9.2.2.3.1 Intentionally 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 Wire Center with at least 60,000 Business Lines
and at least four (4) Fiber-based Collocators. Once a Wire Center
exceeds both of these thresholds, no future DS1 Loop unbundling will be
required in that Wire Center.
9.2.2.3.1.1.1 Cap on Unbundled DS1 Loop Circuits. CLEC may
obtain a maximum of ten (10) unbundled DS1 Loops to any single
building in which DS1 Loops are available as Unbundled Loops.
9.2.2.3.1.2 DS3 Unbundled Loops. Subject to the cap 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. If a Wire Center exceeds
both of these thresholds, no future DS3 Loop unbundling is required in
that Wire Center.
9.2.2.3.1.2.1 Cap on Unbundled DS3 Loop Circuits. CLEC may
obtain a maximum of a single unbundled DS3 Loop to any single
building in which DS3 Loops are available as unbundled Loops.
9.2.2.3.2 If CLEC orders a 2/4 wire non-loaded Unbundled Loop for an End
User Customer served by a digital loop carrier system, CenturyLink will conduct
an assignment process which considers the potential for an LST or alternative
copper facility. If no copper facility capable of supporting the requested service is
available, then CenturyLink will reject the order.
9.2.2.4 Non-Loaded Loops. CLEC may request that CenturyLink provide a non-
loaded Unbundled Loop. In the event that no such facilities are available, CLEC may
request that CenturyLink condition existing spare facilities. CLEC may indicate on the
LSR that it pre-approves conditioning if conditioning is necessary. If CLEC has not pre-
approved conditioning, CenturyLink 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 (1/2) of the conditioning
charges made, unless CLEC can demonstrate that the Loop as conditioned is
incapable of substantially performing the functions normally within the
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parameters applicable to such Loop as this Agreement requires CenturyLink to
deliver it to CLEC. In the case of such fundamental failure, CLEC shall be
entitled to a credit of all conditioning charges, except where CLEC asks
CenturyLink to cure any defect and CenturyLink does so. In the case of such
cure, CLEC shall be entitled to the one-half (1/2) credit identified above.
9.2.2.5 When CLEC requests a Basic Rate ISDN capable or an xDSL-I 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-I capable Loop. Extension
Technology may be required in order to bring the circuit to the specifications necessary
to accommodate the requested service. If the circuit design requires Extension
Technology, to bring it up to the design standards, it will be added by CenturyLink, at no
charge. Extension Technology can also be requested by CLEC to meet its specific
needs. If Extension Technology is requested by CLEC, but is not required to meet the
technical standards, then CenturyLink will provide the requested Extension Technology
and will charge CLEC. CenturyLink will provision ISDN (BRI) capable and xDSL-I
capable Loops using the specifications in the Technical Publication 77384. Refer to that
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.g., removal of load coils or Bridged Taps).
9.2.2.6 For DS1 or DS3 capable Loops, CenturyLink will provide the necessary
electronics at both ends, including any intermediate repeaters. In 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. DS1 capable Loops transport bi-directional DS1 signals with a nominal
transmission rate of 1.544 Mbit/s. DS1 capable Loops shall meet the design
requirements specified in Technical Publication 77384 (Unbundled Loops) and
77375 (DS1).
9.2.2.6.2 DS3 capable Loops provide a transmission path between a
CenturyLink Central Office network interface and an equivalent network interface
at an End User Customer location. DS3 capable Loops transport bi-directional
DS3 signals with a nominal transmission rate of 44.736 Mbit/s. DS3 capable
Loops shall meet the design requirements specified in Technical Publications
77384 (Unbundled Loop) and 77324 (DS3).
9.2.2.7 CenturyLink is not obligated to provision BRI-ISDN, xDSL-I-capable, DS1
or DS3-capable Loops to End User Customers in areas served exclusively by Loop
facilities or transmission equipment that are not compatible with the requested service.
9.2.2.8 Loop Qualification Tools. CenturyLink offers five (5) Loop qualification
tools: the Loop Qualification Tool, Raw Loop Data Tool, POTS Conversion to
Unbundled Loop Tool, MegaBit Qualification Tool, and ISDN Qualification Tool. These
and any future Loop qualification tools CenturyLink develops will provide CLEC access
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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. If CLEC has a digital certificate, CLEC may access the Wire
Center Raw Loop Data Tool via http://ecom.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.g., 1 of F1), segment length, segment gauge, Bridged Taps
length by segment, Bridged Taps offset distance, load coil type, and pair gain
type. CLEC may also access the IMA Raw Loop Data Tool for Loop specific
information. The IMA Raw Loop Data Tool may be accessed through IMA-GUI
or IMA-EDI. This tool provides CLEC the following information: Wire Center
CLLI code, cable name, pair name, terminal address, MLT distance, segment
(F1, F2), sub-segment (e.g., 1 of F1), segment length, segment gauge, Bridged
Taps length by segment, Bridged Taps offset distance, load coil type, number of
loads, and pair gain type.
9.2.2.8.3 POTS Conversion to Unbundled Loop Tool. The POTS
Conversion to Unbundled Loop Tool is available to CLEC through IMA-GUI or
IMA-EDI. This tool informs CLEC whether the facility is copper or pair gain and
whether there are load coils on the Loop.
9.2.2.8.4 DSL Qualification Tool. The DSL Qualification Tool is available
to CLEC through IMA-GUI or IMA-EDI. This tool provides a "yes/no" answer
regarding the Loop's ability to support CenturyLink DSL service. If the DSL
Qualification Tool returns a "no" answer, it provides a brief explanation.
9.2.2.8.5 ISDN Qualification Tool. The ISDN Qualification Tool is
available to CLEC through IMA-GUI or IMA-EDI. This tool permits CLEC to view
information on multiple lines and will inform CLEC of the number of lines found.
If an ISDN capable Loop is found, the tool identifies the facility and, if applicable,
pair gain.
9.2.2.8.6 If the Loop make-up information for a particular facility is not
contained in the Loop qualification tools, if the Loop qualification tools return
unclear or incomplete information, or if CLEC identifies any inaccuracy in the
information returned from the Loop qualification tools, and provides CenturyLink
with the basis for CLEC's belief that the information is inaccurate, then CLEC
may request, and CenturyLink will perform a manual search of the company's
records, back office 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
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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. In 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 Interconnection Service Unbundled Loop.
9.2.2.9.1 Basic Installation. Basic Installation may be ordered for new or
existing Unbundled Loops. Upon completion, CenturyLink will call CLEC to notify
CLEC that the CenturyLink work has been completed.
9.2.2.9.1.1 For an existing End User Customer, the Basic
Installation option is a "lift and lay" procedure. The Central Office
Technician (COT) "lifts" the Loop from its current termination and "lays" it
on a new termination connecting to CLEC. There is no associated circuit
testing performed.
9.2.2.9.1.2 For new End User Customer service, the Basic
Installation option involves the COT and Field Technician (CST/NT)
completing circuit wiring and performing the required performance tests to
ensure the new circuit meets the required parameter limits. The test
results are NOT provided to CLEC.
9.2.2.9.1.3 For basic installation of existing 2/4 wire analog
Loops, CenturyLink provides a Quick Loop with or without Local Number
Portability (LNP) option, that enables CLEC to receive the Quick Loop
installation interval as set forth in Exhibit C. Quick Loop installation
without LNP includes only a simple lift and lay procedure. Quick Loop
with LNP installation provides a lift and lay, and the LNP functions. Quick
Loop is not available with cooperative testing, coordinated installation, or
when unbundling from an IDLC to a copper alternative.
9.2.2.9.2 Basic Installation with Performance Testing. Basic Installation
with Performance Testing may be ordered for new or existing Unbundled Loops.
9.2.2.9.2.1 For an existing End User Customer, Basic
Installation with Performance Testing is a "lift and lay" procedure. The
Central Office Technician (COT) "lifts" the Loop from its current
termination and "lays" it on a new termination connecting CLEC. The
COT and Implementor/Tester perform the required performance tests to
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ensure that the new circuit meets required parameter limits.
9.2.2.9.2.2 The CenturyLink Implementor/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
Installation with Performance Testing option requires a dispatch to the
End User Customer premises. The COT and Field Technician complete
circuit wiring and perform the required performance tests to ensure the
new circuit meets the required parameter limits. These test results are
read to CLEC by the CenturyLink Implementor/Tester on close-out.
Within two (2) business days, CenturyLink will email the performance test
results to a single, designated CLEC office email address.
9.2.2.9.3 Coordinated Installation With Cooperative Testing. Coordinated
Installation With Cooperative Testing may be ordered for new or existing service.
For both new and existing service, CLEC must designate a specific "Appointment
Time" when it submits the LSR. On the Due Date (DD), at CLEC's designated
Appointment Time, the CenturyLink Implementor/Tester contacts CLEC to
ensure CLEC is ready for installation. If CLEC is not ready within thirty (30)
minutes of the scheduled Appointment Time, then CLEC must reschedule the
installation by submitting a supplemental LSR for a new Due Date and
Appointment Time. If CenturyLink is not ready within thirty (30) minutes of the
scheduled Appointment Time, CenturyLink will waive the nonrecurring charge for
the installation option, and the Parties will attempt to set a new appointment for
the same day. If CenturyLink fails to perform cooperative testing due to
CenturyLink's fault, CenturyLink will waive the nonrecurring charge for the
installation option. If 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
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing. The COT completes the installation in the Central
Office and performs testing that CLEC requests. Upon completion of
CenturyLink performance testing, the CenturyLink Implementor/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 CLEC requests
that is not defined in the CenturyLink Technical Publication 77384.
9.2.2.9.3.2 For new End User Customer service, Coordinated
Installation with Cooperative Testing may require a dispatch of a
technician to the End User Customer premises. The COT and Field
Technician complete circuit wiring and perform the required performance
tests to ensure that the new circuit meets required parameter limits.
Upon completion of CenturyLink performance testing, the CenturyLink
Implementor/Tester will contact CLEC, read the CenturyLink test results,
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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 77384.
9.2.2.9.4 Coordinated Installation Without Cooperative Testing.
Coordinated Installation Without Cooperative Testing may be ordered for new or
existing service. For both new and existing service, CLEC must designate a
specific "Appointment Time" when it submits the LSR. On the Due Date (DD), at
CLEC's designated Appointment Time, the CenturyLink Implementor/Tester
contacts CLEC to ensure CLEC is ready for installation. If CLEC is not ready
within thirty (30) minutes of the scheduled Appointment Time, then CLEC must
reschedule the installation by submitting a supplemental LSR. If CenturyLink is
not ready within thirty (30) minutes of the scheduled Appointment Time,
CenturyLink will waive the nonrecurring charge for the installation option and the
Parties 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.
9.2.2.9.4.1 For an existing Unbundled Loop this Coordinated
Installation Without Cooperative Testing is a "lift and lay" procedure
without a dispatch that offers CLEC the ability to coordinate the
conversion activity. The CenturyLink Implementor advises CLEC when
the "lift and lay" procedure is complete.
9.2.2.9.4.2 For new Unbundled Loops, CenturyLink may
dispatch a technician to terminate the new circuit at the End User
Customer premises. The Field Technician 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 Implementor/Tester 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 Installation With Cooperative Testing. Basic Installation
With Cooperative Testing may be ordered for new or existing Unbundled Loops.
9.2.2.9.5.1 For an existing End User Customer, Basic
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing on the Due Date. The COT "lifts" the Loop from its
current termination and "lays" it on a new termination connecting to
CLEC. Upon completion of CenturyLink performance testing, the
CenturyLink Implementor/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
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Installation 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 If CenturyLink fails to perform cooperative testing
due to CenturyLink's fault, CenturyLink will waive the nonrecurring charge
for the installation option. If 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) Intentionally Left Blank
b) Intentionally Left Blank
c) Basic Rate ISDN and xDSL-I-Capable Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = 40 dB at 40 kHz
Automatic Number Identification (ANI) when dial-tone is present
d) DS1-Capable Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
e) DS3-Capable Loops
Continuity Testing
9.2.2.9.7 Project Coordinated Installation: A Project Coordinated
Installation permits CLEC to obtain a coordinated installation for Unbundled
Loops with or without LNP, where CLEC orders Unbundled DS1-capable,
Unbundled DS3-capable or twenty-five (25) or more DS0 Unbundled Loops.
9.2.2.9.7.1 The date and time for the Project Coordinated
Installation requires up-front planning and may need to be negotiated
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. In the event that any of these situations
would occur, CenturyLink will negotiate with CLEC for an agreed upon
FDT, prior to issuing the Firm Order Confirmation (FOC). In special
cases where CLEC is ordering Unbundled Loop with LNP, the FDT must
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be agreed upon, the interval to reach agreement will not exceed two (2)
days from receipt of an accurate LSR. In addition, standard intervals will
apply.
9.2.2.9.7.2 CLEC shall request a Project Coordinated
Installation by submitting a Local Service Request (LSR) and designating
this order as a Project Coordinated Installation in the remarks section of
the LSR form.
9.2.2.9.7.3 CLEC will incur additional charges for the Project
Coordinated Installation dependent upon the coordinated time. The rates
are based upon whether the request is within CenturyLink's standard
installation hours or out of hours. CenturyLink standard installation hours
for Unbundled Loops are 8:00 a.m. to 5:00 p.m. (local time), Monday
through Friday, excluding holidays. Where LNP is included, see Section
10.2.5.4 for rate elements.
9.2.2.9.7.4 CenturyLink will schedule the appropriate number of
employees prior to the cut, normally not to exceed four (4) employees,
based upon information provided by CLEC. If the Project Coordinated
Installation includes LNP, CLEC will also have appropriate personnel
scheduled for the negotiated FDT. If CLEC's information is modified
during the installation, and, as a result, non-scheduled employees are
required, CLEC shall be charged a three (3) hour minimum callout charge
per each additional non-scheduled employee. If the installation is either
cancelled, or supplemented to change the Due Date, within twenty-four
(24) hours of the negotiated FDT, CLEC will be charged a one (1) Person
three (3) hour minimum charge. For Project Coordinated Installations
with LNP, if the Coordinated Installation is cancelled due to a CenturyLink
error or a new Due Date is requested by CenturyLink, within twenty-four
(24) hours of the negotiated FDT, CenturyLink may be charged by CLEC
one (1) Person three (3) hour minimum charge.
9.2.2.9.7.5 If CLEC orders Project Coordinated Installation with
LNP and in the event the LNP conversion is not successful, CLEC and
CenturyLink agree to isolate and fix the problem in a timeframe
acceptable to CLEC or the End User Customer. If the problem cannot be
corrected within an acceptable timeframe to CLEC or the End User
Customer, CLEC may request the restoral of CenturyLink service for the
ported End User Customer. Such restoration shall begin immediately
upon request. If CLEC is in error then a supplemental order shall be
provided to CenturyLink. If CenturyLink is in error, no supplemental order
or additional order will be required of CLEC.
9.2.2.9.7.6 If CLEC orders Project Coordinated Installation with
LNP, CenturyLink shall ensure that any LNP order activity requested in
conjunction with a Project Coordinated Installation shall be implemented
in a manner that avoids interrupting service to the End User Customer.
9.2.2.10 CLEC may request CenturyLink to Commingle with DS3 or DS1
multiplexed facilities ordered by CLEC from CenturyLink's special access or private line
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Tariffs. Terms and conditions for this Commingled arrangement are provided in Section
9.25 of this Agreement.
9.2.2.11 In order to properly maintain and modernize the network, CenturyLink
may make necessary modifications and changes to Unbundled Loops, ancillary and
Finished Services in its network on an as needed basis. Such changes may result in
minor changes to transmission parameters. Changes that affect network Interoperability
require advance notice pursuant to the Notices Section of this Agreement.
9.2.2.12 If there is a conflict between an End User Customer (or its respective
agent) and CLEC regarding the disconnection or Provisioning of Unbundled Loops,
CenturyLink 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 Intentionally 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 When CLEC contacts CenturyLink with a request to convert an
End User Customer from their Current Service Provider to CLEC, CLEC is
responsible for notifying the Current Service Provider of the conversion.
CenturyLink 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.
9.2.2.15.3 When CLEC contacts CenturyLink with a request to convert an
End User Customer from CenturyLink to CLEC, at CLEC request, CenturyLink
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.
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9.2.2.15.4 Upon completion of the disconnection of the Loop, CenturyLink
will send a Loss Notification report to the original competitive Carrier signifying
completion of the loss.
9.2.2.16 Lack of Facilities; Priority Right to Facilities. In the event CenturyLink
notifies CLEC that facilities ordered are not available from CenturyLink at the time of the
order, CenturyLink shall maintain the order as pending for a period of thirty (30) business
days. If facilities become available to fill the order within that thirty (30) business day
period, CenturyLink shall notify CLEC of such availability. CLEC and CenturyLink
acknowledge that the availability of facilities hereunder is on a first come, first served
basis. Any facility orders placed by any other provider, including CenturyLink, which
predate CLEC's order shall have priority for any 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 Intentionally Left Blank
9.2.3.2 Intentionally Left Blank
9.2.3.3 DS1 and DS3-Capable Loop, Basic Rate (BRI) ISDN and xDSL-I-Capable
Loop Recurring and Nonrecurring rates.
9.2.3.3.1 DS0, DS1, and DS3-Capable Loop Conversion. Nonrecurring
rates associated with the conversion of special access or private lines to
Unbundled Loops.
9.2.3.4 Extension Technology Recurring and Nonrecurring rates for Digital
Capable Loops, including Basic Rate (BRI) ISDN and xDSL-I Capable Loops.
9.2.3.5 Conditioning Nonrecurring rates for 2/4 wire non-loaded Loops, Basic
Rate (BRI) ISDN and xDSL-I Capable Loop, as requested and approved by CLEC.
9.2.3.6 All miscellaneous services as described in Section 9.1.12 are available
with Unbundled Loops. Miscellaneous Charges apply for miscellaneous services.
9.2.3.7 Miscellaneous Charges for Out of Hours Coordinated Installations.
9.2.3.7.1 Intentionally Left Blank.
9.2.3.7.2 Intentionally Left Blank.
9.2.3.7.3 Intentionally Left Blank.
9.2.3.7.4 Intentionally Left Blank.
9.2.3.7.5 For coordinated installations scheduled to commence Out of
Hours, or rescheduled by CLEC to commence Out of Hours, CLEC will incur
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additional labor installation Miscellaneous Charges in addition to regular
nonrecurring charges for the installation.
9.2.3.8 Conversions of private line/special access circuits to Unbundled Loops.
9.2.4 Ordering Process
9.2.4.1 Unbundled Loops are ordered via an LSR. Ordering processes are
contained in the Operational Support Systems Section of this Agreement. Detailed
ordering processes are found on the CenturyLink wholesale web site.
9.2.4.2 Prior to placing orders on behalf of the End User Customer, CLEC shall
be responsible for obtaining and have in its possession a Proof of Authorization.
9.2.4.3 Based on the pre-order Loop make-up, CLEC can determine if the circuit
can meet the technical parameters for the specific service CLEC intends to offer.
9.2.4.3.1 Before submitting an order for a 2/4 wire non-loaded Loop, ISDN
capable Loop or xDSL-I capable Loop, CLEC should use one of CenturyLink's
Loop make-up tools available via IMA-EDI, IMA-GUI, or the web-based
application interface to obtain specific information about the Loop CLEC seeks to
order.
9.2.4.3.1.1 Based on the Loop make up information provided
through CenturyLink tools, CLEC must determine whether conditioning is
required to provide the xDSL service it intends to offer. If Loop
conditioning is required, CLEC may authorize CenturyLink to perform
such Loop conditioning on its LSR. If CLEC does not pre-approve Loop
conditioning, CenturyLink will assume that CLEC has determined that
Loop conditioning is not necessary to provide the xDSL service CLEC
seeks to offer. If CLEC or CenturyLink determines that conditioning is
necessary, and CLEC authorizes CenturyLink to perform the conditioning,
CenturyLink will perform the conditioning. CLEC will be charged for the
conditioning in accordance with the rates in Exhibit A. If CenturyLink
determines that conditioning is necessary and CLEC has not previously
authorized CenturyLink to perform the conditioning on the LSR,
CenturyLink 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 2/4 wire non-loaded Loop, ISDN-capable
Loop, and xDSL-I-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 If CLEC has pre-approved Loop
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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 If CLEC has not pre-approved Loop
conditioning and CenturyLink determines that the Loop contains
load coils, CenturyLink will notify CLEC via a reject notification.
CLEC must submit a new version of the LSR approving Loop
conditioning. In this scenario, the Application Date will correspond
to the date the new version is received by CenturyLink.
9.2.4.4 Installation 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 interval will 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 will implement adequate
processes and procedures to assure the accuracy of the commitment date. If
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 Installation 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 Intentionally Left Blank.
9.2.4.8 When ordering Unbundled Loops, CLEC is responsible for obtaining or
providing facilities and equipment that are compatible with the service CLEC seeks to
provide.
9.2.4.9 The installation interval for xDSL Loops depends on the need to condition
the Loop.
9.2.4.9.1 When load coils and Bridged Taps do not exist, CLEC may
request the standard Due Date interval, which will apply upon submission of a
complete and accurate LSR.
9.2.4.9.2 When 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
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doing so, CLEC agrees to pay any applicable conditioning charges. If CLEC did
not request the fifteen (15) day interval and CenturyLink determines that
conditioning is required, then the fifteen (15) business day interval starts when
the need for conditioning is identified and CLEC approves the conditioning
charges.
9.2.4.10 Out of Hours Coordinated Installations
9.2.4.10.1 For purposes of this section, CenturyLink's standard installation
hours are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday, excluding
holidays. CLEC may request an out of hours Coordinated Installation outside of
CenturyLink's standard installation hours. Installations requested outside of
standard installation hours are considered to be out of hours Installations.
9.2.4.10.2 Intentionally Left Blank.
9.2.4.10.3 To request out of hours Coordinated Installations, CLEC will
submit an LSR designating the desired appointment time. CLEC must specify an
out of hours Coordinated Installation in the "remarks" section of the LSR.
9.2.4.10.4 The date and time for out of hours Coordinated Installations may
need to be negotiated between CenturyLink and CLEC because of system
downtime, Switch upgrades, Switch maintenance, and the possibility of other
CLECs requesting the same appointment times in the same Switch (Switch
contention).
9.2.5 Maintenance and Repair
9.2.5.1 CLEC is responsible for its own End User Customer base and 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 When 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. If the trouble is
on the End User Customer's side of the Loop Demarcation Point, CLEC is required to
perform its own maintenance.
9.2.5.3 Before submitting a repair request to CenturyLink, CLEC will isolate
trouble to the CenturyLink network and must submit test results indicating the location of
the trouble when submitting the repair request. If a trouble ticket with test results is
accepted by CenturyLink, and CenturyLink determines that the trouble is on CLE s or
the End User Customer's side of the Loop Demarcation Point, a Maintenance of Service
charge applies. If CLEC elects not to perform trouble isolation and CenturyLink
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performs tests on the Unbundled Loop at CLEC's request, a Maintenance of Service
charge applies. Maintenance and Repair processes are set forth in Section 12.3 of this
Agreement.
9.2.5.4 CenturyLink 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 2/4 Wire non-loaded Loops, ISDN-capable
Loops, xDSL-I-capable Loops, DS1-capable Loops, and DS3-capable Loops (collectively
referred to in this Section 9.2.6 as "xDSL Loops") in a non-discriminatory manner to
permit CLEC to provide Advanced Services to its End User Customers. Such Loops are
defined herein and are in compliance with FCC requirements and guidelines
recommended by the Network Reliability and Interoperability Council (NRIC) to the FCC,
such as guidelines set forth in T1-417.
9.2.6.2 When ordering xDSL Loops, CLEC will provide CenturyLink with
appropriate information using NC/NCI codes to describe the Power Spectral Density
Mask (PSD) for the type of technology CLEC will deploy. CLEC also agrees to notify
CenturyLink of any change in Advanced 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 Information 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 Information provided pursuant to Section 9.2.6.2, to legal personnel,
if a legal issue arises, as well as to network and growth planning personnel
responsible for spectrum management functions. In no case shall the
aforementioned personnel who have access to such Confidential Information be
involved in CenturyLink's retail marketing, sales or strategic planning.
9.2.6.3 If CLEC wishes to deploy new technology not yet designated with a PSD
mask, CenturyLink and CLEC agree to work cooperatively to determine Spectrum
Compatibility. CenturyLink and CLEC agree, as defined by the FCC, that technology is
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presumed acceptable for deployment when it complies with existing industry standards,
is approved by a standards body or by the FCC or Commission, of if technology has
been deployed elsewhere without a "significant degradation of service
9.2.6.4 CenturyLink recognizes that the analog T1 service traditionally used
within its network is a "known Disturber" as designated by the FCC. CenturyLink will
place such T1s, 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 T1s with a technology that will eliminate undue interference
problems. CenturyLink also agrees that any future "known Disturber" defined by the
FCC or the Commission will be managed as required by FCC rules.
9.2.6.5 If either CenturyLink or CLEC claims a service is significantly degrading
the performance of other Advanced Services or traditional voice band services, then that
Party must notify the causing Carrier and allow the causing Carrier a reasonable
opportunity to correct the problem. Upon notification, the causing Carrier shall promptly
take action to bring its facilities/technology into compliance with industry standards.
Upon request, within forty-eight (48) hours, CenturyLink 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 If 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 Intentionally 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. It 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.g., DS1 private line to DS1 capable Unbundled Loop; 2) must
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originate at CLEC's Collocation site in the serving Central Office; and 3) must terminate at an
End User Customer's premises. The provisioning intervals for converting from private
line/special access to Unbundled Loop are located in the Service Interval Guide (SIG).
Additional information can be found in the Product Catalog for Unbundled Loop.
9.3 Subloop Unbundling
9.3.0 Pursuant to the terms of the FCC Modernization Order, the terms and conditions
for UNE Subloops in Section 9.3 of the Agreement are not available after February 8, 2021.

9.3.1 Description
9.3.1.1 An Unbundled Subloop is defined as the distribution portion of a copper
Loop or hybrid Loop comprised entirely of copper wire or copper cable that acts as a
transmission facility between any point that it is Technically Feasible to access at
terminals in CenturyLink's outside plant (originating outside of the Central Office),
including inside wire owned or controlled by CenturyLink, and terminates at the End
User Customer'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 Interface Device, minimum point of entry, single point of Interconnection,
Remote Terminal, Feeder Distribution Interface (FDI), or Serving Area Interface (SAI).
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 Customer's premises or MTE.
This section does not address Unbundled Dark Fiber MTE Subloop which is addressed
in Section 9.7.
9.3.1.1.1 Building terminals within or physically attached to a privately
owned building in a Multiple Tenant Environment (MTE) are one form of
accessible terminal. Throughout Section 9.3 the Parties obligations around such
"MTE Terminals" are segregated because Subloop terms and conditions differ
between MTE environments and non-MTE environments.
9.3.1.1.2 For any configuration not specifically addressed in this
Agreement, the conditions of CLEC access shall be as required by the particular
circumstances. These conditions include: (1) the degree of equipment
separation required, (2) the need for separate cross connect devices, (3) the
interval applicable to any Collocation or other provisioning requiring CenturyLink
performance or cooperation, (4) the security required to maintain the safety and
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
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it can provide reasonably clear technical and operational characteristics and
parameters. Once developed through such a process, those terms and
conditions shall be generally available to any CLEC for any configuration fitting
the requirements established through such process.
9.3.1.1.4 Prior to the development of such standard terms and conditions,
CenturyLink shall impose in the six (6) areas identified in Section 9.3.1.1.2
above, only those requirements or intervals that are reasonably necessary, and
shall make its determinations within ten (10) business days and shall apprise
CLEC of the conditions for access. If there is a dispute regarding the conditions
for access, CenturyLink shall attempt to accommodate access pending resolution
of the specific issues in dispute.
9.3.1.1.4.1 MTE Terminals: Accessible terminals within a
building in a MTE environment or accessible terminals physically attached
to a building in a MTE environment. CenturyLink Premises located on
real property that constitutes a campus environment, yet are not within or
physically attached to a non-CenturyLink owned building, are not
considered MTE Terminals.
9.3.1.1.4.2 Detached Terminals: All accessible terminals other
than MTE Terminals.
9.3.1.2 Standard Subloops available.
a) Intentionally Left Blank
b) Intentionally Left Blank
c) Intentionally Left Blank
d) Intrabuilding 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
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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
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 Interconnection point.
9.3.1.5 MTE Point of Interconnection (MTE-POI)
9.3.1.5.1 A MTE-POI is necessary when CLEC is obtaining access to the
Distribution Loop or Intrabuilding Cable Loop from an MTE Terminal. CLEC must
create the cross connect field at the building terminal that 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.
9.3.2 Standard Subloops Available
9.3.2.0 UNE Analog Sub Loops Pursuant to the terms of the FCC
Forbearance Orders, the terms and conditions under which CLEC may order and
maintain Analog Unbundled Loops, and Two-Wire/Four-Wire Unbundled Distribution
Loop (together, referred to as Analog Sub Unbundled Loops ) are no longer available
after February 2, 2020.
9.3.2.1 Distribution Loops
9.3.2.1.1 Intentionally Left Blank
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9.3.2.1.2 Two-Wire/Four-Wire Non-Loaded Distribution Loop: a
CenturyLink-provided facility without load coils and excess Bridged Taps from the
CenturyLink accessible terminal to the Demarcation Point or Network Interface
Device (NID) at the End User Customer location. When CLEC requests a Non-
Loaded Unbundled Distribution Loop and there are none available, CenturyLink
will contact CLEC to determine if CLEC wishes to have CenturyLink unload a
Loop. If the response is affirmative, CenturyLink 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. If a CenturyLink technician is dispatched and
no load coils or Bridged Taps are removed, the nonrecurring conditioning charge
will not apply. CLEC can obtain access to this Unbundled Network Element at
any Technically Feasible accessible terminal.
9.3.2.1.3 Intrabuilding Cable Loop: a CenturyLink-provided facility from
the building terminal inside a MTE to the Demarcation Point at the End User
Customer premises inside the same building. This Subloop element only applies
when CenturyLink owns the intrabuilding cable.
9.3.2.1.4 To the extent CLEC accesses a Subloop in a campus
environment from an accessible terminal that serves multiple buildings, CLEC
can access the Subloop by ordering a Distribution Loop pursuant to Section
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.
9.3.3 MTE Terminal Subloop Access: Terms and Conditions
9.3.3.1 Access to Distribution Loops or Intrabuilding Cable Loops at an MTE
Terminal within a non-CenturyLink owned MTE is done through an MTE-POI.
Collocation is not required to access Subloops used to access the network infrastructure
within an MTE, unless CLEC requires the placement of equipment in a CenturyLink
Premises. Cross Connect Collocation, as defined in Section 9.3, refers to creation of a
cross connect field and does not constitute Collocation as defined in Section 8. The
terms and conditions of Section 8 do not apply to Cross Connect Collocation if required
at or near an MTE.
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
CenturyLink to rearrange its facilities.
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9.3.3.5 If there is space in the building for CLEC to enter the building and
terminate its facilities without CenturyLink having to rearrange its facilities, CLEC must
seek to use such space. In such circumstances, an inventory of CLEC's terminations
within the MTE shall be input into CenturyLink's systems to support Subloop orders
before Subloop orders are provisioned or in conjunction with the first Subloop order in
the MTE. If CLEC requires immediate access to the Subloop, then CLEC may access
the Subloop element prior to the completion of the inventory per Section 9.3.5.4.7.
CenturyLink shall have five (5) Days from receipt of a written request from CLEC, in
addition to the interval set forth in Section 9.3.5.4.1, to input the inventory of CLEC's
terminations into its systems. CenturyLink may seek an extended interval if the work
cannot reasonably be completed within the stated interval. In such cases, CenturyLink
shall provide written notification to CLEC of the extended interval CenturyLink believes is
necessary to complete the work. CLEC may dispute the need for, and the duration of,
an extended interval, in which case CenturyLink must request a waiver from the
Commission to obtain the extended interval. If CLEC submits a Subloop order before
CenturyLink inputs the inventory into its systems, CenturyLink shall process the order in
accordance with Section 9.3.5.4.1.
9.3.3.6 If CLEC connects CenturyLink's Subloop element to CLEC's facilities
using any temporary wiring or cut-over devices, CLEC shall remove any remaining
temporary wiring or cut-over devices and install permanent wiring within ninety (90)
Days. All wiring arrangements, temporary and permanent, must adhere to the National
Electric Code.
9.3.3.7 If there is no space for CLEC to place its building terminal or no
accessible terminal from which CLEC can access such Subloop elements, and
CenturyLink and CLEC are unable to negotiate a reconfigured Single Point of
Interconnection (SPOI) to serve the MTE, CenturyLink 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. In addition, CenturyLink shall have an obligation only when
CLEC indicates that it intends to place an order for access to an unbundled Subloop
Network Element via a SPOI. In such instances, CLEC shall pay the applicable charge,
identified in Exhibit A, which shall be ICB, based on the scope of the work required.
9.3.3.7.1 If CenturyLink must rearrange its MTE Terminal to make space
for CLEC, CenturyLink shall have forty-five (45) Days from receipt of a written
request from CLEC to complete the rearrangement. CenturyLink may seek an
extended interval if the work cannot reasonably be completed within forty-five
(45) Days. In such cases, CenturyLink shall provide written notification to CLEC
of the extended interval CenturyLink believes is necessary to complete the work.
CLEC may dispute the need for, and the duration of, an extended interval, in
which case CenturyLink must request a waiver from the Commission to obtain an
extended interval.
9.3.3.7.2 If CenturyLink must construct a new detached terminal that is
fully accessible to and suitable for CLEC, the interval for completion shall be
negotiated between the Parties on an Individual Case Basis.
9.3.3.7.3 CLEC may cancel a request to construct an FCP or SPOI prior
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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. If such damage accidentally occurs, the Party responsible for the
damage shall immediately notify the other and shall be financially responsible for
restoring the facilities and/or service to its original condition. Any intentional damage
may be reported to the proper authorities and may be prosecuted to the full extent of the
law.
9.3.4 Detached Terminal Subloop Access: Terms and Conditions
9.3.4.1 Except as to access at an MTE Terminal, access to unbundled Subloop
elements at an accessible terminal must be made through a Field Connection Point
(FCP) in conjunction with either a Cross Connect Collocation or, if power and/or heat
dissipation is required, a Remote Collocation.
9.3.4.2 To the extent that the accessible terminal does not have adequate
capacity to house the network interface associated with the FCP, CLEC may opt to use
Adjacent Collocation to the extent it is Technically Feasible. Such adjacent access shall
comport with NEBS Level 1 safety standards.
9.3.4.3 Field Connection Point
9.3.4.3.1 CenturyLink is not required to build additional space for CLEC to
access Subloop elements. When Technically Feasible, CenturyLink shall allow
CLEC to construct its own structure adjacent to CenturyLink's accessible
terminal. CLEC shall obtain any necessary authorizations or rights of way
required (which may include obtaining access to CenturyLink rights of way,
pursuant to Section 10.8 of this Agreement) and shall coordinate its facility
placement with CenturyLink, when placing its facilities adjacent to CenturyLink
facilities. Obstacles that CLEC may encounter from cities, counties, electric
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. If
termination capacity is not available, CenturyLink will expand the FDI at the
request of CLEC if Technically Feasible, all reconfiguration costs to be borne by
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CLEC. In this situation only, CenturyLink shall seek to obtain any necessary
authorizations or rights of way required to expand the terminal. It 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 If the Parties are unable to reach an agreement on the design of
the FCP through the Field Connection Point Process, the Parties may utilize the
Dispute Resolution process pursuant to the Dispute Resolution Section of this
Agreement. Alternatively, CLEC may seek arbitration under Section 252 of the
Act with the Commission, wherein CenturyLink shall have the burden to
demonstrate that there is insufficient space in the accessible terminal to
accommodate the FCP, or that the requested Interconnection is not Technically
Feasible.
9.3.4.4 At no time shall either Party rearrange the other Party's facilities within the
accessible terminal or otherwise tamper with or damage the other Party's facilities. If
such damage accidentally occurs, the Party responsible for the damage shall
immediately notify the other and shall be financially responsible for restoring the facilities
and/or service to its original condition. Any intentional damage may be reported to the
proper authorities and may be prosecuted to the full extent of the law.
9.3.5 Ordering/Provisioning
9.3.5.1 All Subloop Types
9.3.5.1.1 CLEC may order Subloop elements through the Operational
Support Systems described in Section 12.
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
its Subloop elements and CLEC's Subloop elements. CLEC shall not at any time
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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 Intentionally Left Blank.
9.3.5.4 Additional Terms for MTE Terminal Subloop Access - MTE-Access
Ordering Process
9.3.5.4.1 CLEC shall notify its account manager at CenturyLink in writing,
including via email, of its intention to provide access to End User Customers that
reside within a MTE. Upon receipt of such request, CenturyLink shall have up to
ten (10) Days to notify CLEC and the MTE owner whether CenturyLink believes it
or the MTE owner owns the intrabuilding cable. In the event that there has been
a previous determination of on-premises wiring ownership at the same MTE,
CenturyLink shall provide such notification within two (2) business days. In the
event that CLEC provides CenturyLink with a written claim by an authorized
representative of the MTE owner that such owner owns the facilities on the End
User Customer side of the terminal, the preceding ten (10) Day period shall be
reduced to five (5) Days from CenturyLink's receipt of such claim.
9.3.5.4.2 If the MTE owner owns the facilities on the Customer side of the
terminal, CLEC may obtain access to all facilities in the building in accordance
with Section 9.5 concerning access to unbundled NIDs.
9.3.5.4.3 If 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 If CLEC orders Intrabuilding Cable Loop, CLEC shall dispatch a
technician to run a jumper between its Subloop elements and CenturyLink's
Subloop elements to make a connection at the MTE-POI in accordance with the
MTE Access Protocol. If CLEC ordered a Subloop type other than Intrabuilding
Cable Loop, CenturyLink 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
complete LSR has been submitted.
9.3.5.4.5.1 When CLEC accesses a MTE Terminal, it shall
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employ generally accepted best engineering practices in accordance with
industry standards. CLEC shall clearly label the cross connect wires it
uses. CLEC wiring will be neatly dressed. When CLEC accesses
Subloops in MTE Terminals, it shall adhere to CenturyLink's Standard
MTE Access Protocol unless the Parties have negotiated a separate
document for such Subloop access. If CLEC requests a MTE Access
Protocol that is different from CenturyLink's Standard MTE Access
Protocol, CenturyLink shall negotiate with CLEC promptly and in good
faith toward that end.
9.3.5.4.6 Once inventory is complete and, if necessary, the facilities are
rearranged and or a new facility constructed and when CenturyLink runs the
jumper, the Subloop Provisioning intervals contained in Exhibit C shall apply.
9.3.5.4.7 For access to CenturyLink's on-premises MTE wire as a
Subloop element, CLEC shall be required to submit an LSR, but need not include
thereon the circuit-identifying information or await completion of LSR processing
by CenturyLink before securing such access. CenturyLink shall secure the
circuit-identifying information, and 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 If CenturyLink denies a request for Cross
Connect Collocation in a CenturyLink Premises due to space
limitations, CenturyLink shall allow CLEC representatives to
inspect the entire Premises escorted by CenturyLink personnel
within ten (10) Days of CLECs receipt of the denial of space, or a
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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. If,
after the inspection of the Premises, CenturyLink and CLEC
disagree about whether space limitations at the Premises make
Collocation impractical, CenturyLink and CLEC may present their
arguments to the Commission. In addition, if after the fact it is
determined that CenturyLink has incorrectly identified the space
limitations, CenturyLink 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. If
CenturyLink, despite its best efforts, including notification through
the contact number on the Cross Connect Collocation Application,
is unable to schedule the Acceptance inspection with CLEC within
twenty-one (21) Days of the RFS, CenturyLink shall activate the
applicable charges.
9.3.5.5.2.1.5 CenturyLink may seek extended intervals if
the work cannot reasonably be completed within the set interval.
In such cases, CenturyLink shall provide written notification to
CLEC of the extended interval CenturyLink believes is necessary
to complete the work. CLEC may dispute the need for and the
duration of, an extended interval, in which case CenturyLink must
request a waiver from the Commission to obtain an extended
interval.
9.3.6 Rate Elements
Exhibit A provides recurring and nonrecurring rates for Subloop and also provides
Miscellaneous Charges.
9.3.6.1 All Subloop Types
9.3.6.1.1 Recurring Charges - CLEC 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.
9.3.6.2 Intentionally Left Blank.
9.3.6.3 Additional Rate Elements for Detached Terminal Subloop Access
9.3.6.3.1 Cross Connect Collocation Charge: CLEC shall pay the full
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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 terminal for each Subloop ordered by CLEC.
9.3.6.4 Additional Rate Elements for MTE Terminal Subloop Access
9.3.6.4.1 CLEC will be charged the Subloop MTE POI Site Inventory
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 Intentionally Left Blank
9.5 Network Interface Device (NID)
9.5.0 Pursuant to the terms of the FCC Modernization Order, the terms and conditions for
Network Interface Device (NID) in Section 9.5 of the Agreement are not available after February
8, 2021.
9.5.1 Description
The CenturyLink NID is defined as any means of Interconnection of on-premises wiring and
CenturyLink's distribution plant, such as a cross connect device used for that purpose.
Specifically, the NID is a single line termination device or that portion of a multiple line
termination device required to terminate a single line or circuit at a premises. If CLEC seeks to
access a NID as well as a Subloop connected to that NID, it may do so only pursuant to Section
9.3. If CLEC seeks to access only a NID (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 NID, 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 Customer's premises wiring, it may not represent the Demarcation Point where
CenturyLink ownership or control of the intra-premises wiring ends. The NID contains a
protective ground connection that protects the End User Customer's on-premises wiring against
lightning and other high voltage surges and is capable of terminating media such as twisted pair
cable. If CLEC orders Unbundled Loops on a reuse basis, the existing drop and CenturyLink's
NID, as well as any on premises wiring that CenturyLink owns or controls, will remain in place
and continue to carry the signal over the End User Customer's on-premises wiring to the End
User Customer's equipment. Notwithstanding the foregoing, an Unbundled Loop and any
Subloop terminating at a NID shall include the existing drop and the functionality of the NID as
more specifically set forth in Section 9.2. The NID is offered in three (3) varieties:
9.5.1.1 Simple NID - The modular NID is divided into two (2) components, one
containing the over-voltage unit (protector) and the other containing the End User
Customer's on-premises inside wiring termination, and a modular plug which connects
the inside wire to the distribution plant or dial tone source. The non-modular NID is a
protector block with the inside wire terminated directly on the distribution facilities.
9.5.1.2 Smart NID To the extent CenturyLink has deployed "smart" devices in
general meaning a terminating device that permits the service provider to isolate the
Loop facility from the premises wiring for testing purposes, and such devices have spare
functioning capacity not currently used by CenturyLink or any other provider,
CenturyLink shall provide unbundled access to such devices. CenturyLink shall also
continue to allow CLEC, at its option, to use all features and functionality of the
CenturyLink NID including any protection mechanisms, test capabilities, or any other
capabilities now existing or as they may exist in the future regardless of whether or not
CLEC terminates its own distribution facility on the NID.
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
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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.
9.5.2 Terms and Conditions
9.5.2.1 CLEC may use the existing CenturyLink NID to terminate its drop if space
permits, otherwise a new NID or other Technically Feasible Interconnection point is
required. If CLEC installs its own NID, CLEC may connect its NID to the CenturyLink
NID by placing a cross connect between the two. When Provisioning a NID-to-NID
connection, CLEC will isolate the CenturyLink facility in the NID by unplugging the
modular unit. If CLEC requires that a non-modular unit be replaced with a modular NID,
CenturyLink will perform the replacement for the charge described in Section 9.5.3.1. If
CLEC is a facilities-based provider up to and including its NID, the CenturyLink facility
currently in place, including the NID, will remain in place.
9.5.2.1.1 CenturyLink shall allow CLEC to connect its Loops directly to the
NID field containing the terminations of the on-premises inside wiring not owned
or controlled by CenturyLink, without restriction. Where CenturyLink does not
own or control the on-premises inside wiring, CLEC and the landowner shall
determine procedures for such access.
9.5.2.1.2 CenturyLink shall allow CLEC to use all features and
functionality of the CenturyLink NID including any protection mechanisms, test
capabilities, or any other capabilities now existing or as they may exist in the
future.
9.5.2.1.3 Pursuant to generally acceptable work practices, and provided
the inside wire re-termination is required to meet service requirements of either
Parties' End User Customer, either Party may remove the inside wire from the
NID and connect that wire to that Party's own NID. Future installation of
CenturyLink NIDs will be such that it will not unnecessarily impede access to the
End User Customer'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-NID
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. In all such
instances, rearrangements shall be performed in a non-discriminatory fashion
and timeframe and without an End User Customer's perceivable disruption in
service. CenturyLink will not make any rearrangements of wiring that is provided
by another Carrier that relocates the other Carrier's 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
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NID on an individual request basis by CLEC and charges will be assessed per Section
9.5.3.5 except where Section 9.5.5.1 applies. CenturyLink is not required to inventory
NID locations on behalf of CLEC.
9.5.2.3 When CLEC accesses a CenturyLink NID, it shall employ generally
accepted best engineering practices and comply with industry standards should such
standards exist when it physically connects its NID (or equivalent) to the CenturyLink
NID and makes Cross Connections necessary to provide service. At MTE NIDs, CLEC
shall clearly label the cross connect wires it uses to provide service. CenturyLink shall
label its terminals when a technician is dispatched.
9.5.2.4 All services fed through a protector field in a CenturyLink NID located
inside a building 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 If so requested by CLEC, CenturyLink shall allow CLEC to connect its
Loops directly to the protector field at CenturyLink NIDs that have unused protectors and
are not used by CenturyLink or any other Telecommunications Carrier to provide service
to the premises. If CLEC accesses the CenturyLink protector field, it shall do so on the
distribution side of the protector field only where spare protector capacity exists. In such
cases, CLEC shall only access a CenturyLink NID protector field in cable increments
appropriate to the NID. If twenty-five (25) or more metallic cable pairs are
simultaneously terminated at the MTE NID, additions must be in increments of twenty-
five (25) additional metallic pairs. In all cases, Telecommunications cables entering a
CenturyLink NID must be terminated in compliance with FCC 88-57, section 315 of the
National Electric Safety Code and section 800.30 of the National Electric Code.
9.5.3 Rate Elements
Exhibit A provides recurring and nonrecurring rates for access or modifications to an existing
NID, and Exhibit A also provides Miscellaneous Charges.
9.5.3.1 If CLEC requests the current simple NID be replaced with a different
simple NID, pursuant to Section 9.5.2.1, additional labor other Miscellaneous Charges
will be assessed with CLEC paying only for the portion of the change-out that is specific
to and for the functionality that supports CLEC requirements.
9.5.3.2 Recurring rates apply for unbundled access to the protector field in a
CenturyLink NID, pursuant to Section 9.5.2.5. As of the Effective Date of this
Agreement, CenturyLink has not implemented charges for this recurring rate element,
but reserves the right to assess such a charge in the future.
9.5.3.3 When CLEC requests that CenturyLink perform the work to connect its
NID to the CenturyLink NID, the costs associated with CenturyLink performing such work
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
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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
specific to CLEC's request for modified/additional capacity. Charges will be assessed as
additional labor other Miscellaneous Charges.
9.5.4 Ordering Process
9.5.4.1 Intentionally Left Blank.
9.5.4.2 CLEC may access a MTE NID after determining that the terminal in
question is a NID, per the process identified in Section 9.3. If the terminal is a NID and
CLEC wishes to access the End User Customer field of the NID, no additional
verification is needed by CenturyLink. CLEC shall tag its jumper wire.
9.5.4.2.1 When CLEC seeks to connect to a cross connect field other than
to the End User Customer field of the NID, CLEC shall submit a LSR for
connection to the NID. CenturyLink shall notify CLEC, within ten (10) business
days, if the connection is not Technically Feasible. In such cases, CenturyLink
shall inform CLEC of the basis for its claim of technical infeasibility and, at the
same time, identify all alternative points of connection that CenturyLink would
support. CLEC shall have the option of employing the alternative terminal or
disputing the claim of technical 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 NID-to-NID
connection, according to Section 9.5.2.3, and access the End User Customer field of the
NID without notice to CenturyLink. CLEC may access the protector field of the NID by
submitting a LSR.
9.5.5 Maintenance and Repair
9.5.5.1 If CenturyLink is dispatched to an End User Customer's location on a
maintenance issue and finds the NID to be defective, CenturyLink will replace the
defective element or, if beyond repair, the entire device at no cost to CLEC. If the
facilities and lines have been removed from the protector field or damaged by CLEC,
CLEC 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.
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9.6 Unbundled Dedicated Interoffice Transport (UDIT)
9.6.0 CenturyLink shall provide access to Unbundled Dedicated Interoffice Transport (UDIT) in
a non-discriminatory manner according to the following terms and conditions. UNE Transport -
Pursuant to the terms of the FCC Forbearance Orders, the terms and conditions under which
CLEC may order and maintain Unbundled Dedicated Interoffice Transport (UDIT ), in Section
9.23.3.7 of the Agreement are solely available after February 2, 2020 when both endpoints is a
wire center listed at http://www.centurylink.com/wholesale/clecs/nta.html.
9.6.1 Description
9.6.1.1 Unbundled Dedicated Interoffice Transport (UDIT) provides CLEC with a
Network Element of a single transmission path between CenturyLink Wire Centers in the
same LATA and state. UDIT provides a path between one (1) CLEC's Collocation in one
(1) CenturyLink Wire Center and a different CLEC's Collocation in another CenturyLink
Wire Center. UDIT is a distance-sensitive, flat-rated bandwidth-specific interoffice
transmission path designed to a DSX in each CenturyLink Wire Center. UDIT is
available in DS0 through DS3 bandwidths. CLEC can assign channels and transport its
choice of voice or data. Specifications, interfaces and parameters are described in
CenturyLink Technical Publication 77389.
9.6.2 Terms and Conditions
9.6.2.0 Intentionally Left Blank.
9.6.2.0.1 CenturyLink shall unbundle DS1 transport between any pair of
CenturyLink Wire Centers except where, through applicat
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, thr
classifications, as defined in Section 4 of this Agreement, both Wire Centers
defining the Route are either Tier 1 or Tier 2 Wire Centers. As such, CenturyLink
must unbundle DS3 transport if a Wire Center on either end of a requested Route
is a Tier 3 Wire Center.
9.6.2.0.2.1 CLEC may obtain a maximum of twelve (12) unbundled
DS3 dedicated transport circuits on each Route where DS3 dedicated
transport is available on an unbundled basis.
9.6.2.0.3 Intentionally Left Blank.
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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. If not ordered
as a combination, CLEC is responsible for performing Cross Connections at its
Collocation or other mutually determined Demarcation Point between UNEs and
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 Intentionally Left Blank.
9.6.2.3 With the exception of combinations provided through the UNE
Combinations Section 9.23, CLEC may utilize any form of Collocation at both ends of the
UDIT. CenturyLink's design 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 Interconnection between a Collocation
space and CenturyLink's network. Cable distance limitations are based on ANSI Standard
T1.102.1993 "Digital Hierarchy Electrical Interface; Annex B."
9.6.2.4 Intentionally Left Blank.
9.6.2.5 Intentionally Left Blank.
9.6.2.6 Intentionally Left Blank.
9.6.2.7 Intentionally Left Blank.
9.6.2.8 Intentionally Left Blank.
9.6.2.9 Upon CLEC request, CenturyLink will convert special access or private
line circuits to UDIT, provided the service originates at CLEC's Collocation in the Serving
Wire Center.
9.6.3 Rate Elements
Exhibit A provides recurring and nonrecurring rates for UDIT and also provides Miscellaneous
Charges.
9.6.3.1 DS1 UDIT includes the following rate elements:
a) DS1 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 1.544 Mbps termination at a DSX or DCS. In addition to the
fixed rate element, a per-mile rate element, as described below, also applies.
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b) DS1 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides a transmission path of 1.544 Mbps between CenturyLink Wire
Centers. This is a mileage sensitive element based on the V&H coordinates of
the DS1 UDIT. The mileage is calculated between the originating and
terminating CenturyLink Wire Centers.
c) Intentionally Left Blank.
d) DS1 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS1 service.
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. In 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) Intentionally Left Blank.
d) DS3 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS3 service.
9.6.3.3 DS0 UDIT includes the following rate elements:
a) DS0 Transport Termination (Fixed). This recurring rate element
provides a 64 Kbps termination. In addition to the fixed rate element, a per-mile
rate element, as described below, also applies.
b) DS0 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 DS0
UDIT. The mileage is calculated between the originating and terminating
CenturyLink Wire Centers.
c) DS0 Nonrecurring Charges. One-time charges apply for a specific work
activity associated with installation of the DS0 service.
d) Low Side Channelization. Recurring charges apply for low side
multiplexed channel cards and settings at each end of the DS0 UDIT.
9.6.3.4 Intentionally Left Blank.
9.6.3.5 Intentionally Left Blank.
9.6.3.6 Nonrecurring charges apply for rearrangements of UDIT.
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9.6.3.7 Intentionally Left Blank.
9.6.3.8 Intentionally 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.
a) Additional labor other
b) Cancellation
c) Design Change
d) Dispatch
e) Expedite
f) Maintenance of Service.
9.6.3.10 A nonrecurring charge is applied to the conversion of an existing private
line/Special Access circuit to UDIT.
9.6.4 Ordering Process
9.6.4.1 Ordering processes and installation intervals are as follows:
9.6.4.1.1 UDIT is ordered via the Access Service Request (ASR) process.
Ordering processes are contained in the Access to OSS Section of this
Agreement.
9.6.4.1.2 Intentionally Left Blank.
9.6.4.1.3 The interval will 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 Intentionally Left Blank.
9.6.4.1.5 An order may be canceled any time up to and including the Due
Date/Service Date. Cancellation Miscellaneous Charges apply for such
cancellations except when:
a) The original Due Date or CLEC-initiated subsequent Due Date
was, or CLEC has been notified by CenturyLink that such Due Date 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.
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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.
9.6.4.3 Intentionally Left Blank.
9.6.4.4 Intentionally 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, Network Channel Interface
Code (NCI) and billing.
9.6.4.7 CLEC will submit an Access Service Request (ASR) for rearrangement
including appropriate termination information (e.g., Connecting Facility Assignment
(CFA) or Network Channel Codes/Network Channel Interface Codes (NC/NCI) codes).
9.6.5 Maintenance and Repair
9.6.5.1 The Parties 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 UDITs.
9.6.6.2 The rearrangement of terminations or option changes are completed as
an "uncoordinated change" (basic request) and will be completed within the normal
intervals outlined in Exhibit C. If CLEC desires a coordinated rearrangement of
terminations or options changes, additional labor installation as identified in Exhibit A
shall apply.
9.6.6.3 CLEC will submit an ASR with the rearrange USOC and appropriate
termination information (e.g., CFA) or NC/NCI codes (Network Channel Codes/Network
Channel Interface Codes).
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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.
9.7.0 Pursuant to the terms of the FCC Modernization Order, the terms and conditions for
Unbundled Dark Fiber in Section 9.7 of the Agreement are not available after February 8, 2021
consistent with the wire centers listed on http://www.centurylink.com/wholesale/clecs/nta.html.
9.7.1 Description.
Unbundled Dark Fiber (UDF) is a deployed, unlit strand or strands of fiber that connects two (2)
Wire Centers within CenturyLink's network within the same LATA or state. UDF exists in two (2)
distinct forms: (a) UDF interoffice facility (UDF-IOF), which constitutes a deployed route
between two (2) CenturyLink Wire Centers; and (b) UDF MTE Subloop that begins at or near an
MTE premises to provide access to MTE premises wiring. Deployed Dark Fiber facilities shall
include all local exchange Dark Fiber CenturyLink owns directly or to which it has a right to
access under agreements with any other party affiliated or not, that do not prohibit CenturyLink's
ability to provide access to another Person or entity. Deployed Dark Fiber facilities shall not be
limited to facilities owned by CenturyLink, but 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 Indefeasible Right to Use (IRUs) or capitalized leases. CenturyLink shall not be
required to extend access in a manner that is inconsistent with the restrictions and other terms
and conditions that apply to CenturyLink's access; however, in the case of access obtained from
an 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
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include, but are not limited to, a pole or pedestal, the network interface device,
the minimum point of entry, the single point of interconnection, and the
feeder/distribution interface.
9.7.2.3 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.
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 (25%) of
available Dark Fibers or four (4) Dark Fiber strands, whichever is greater, in each fiber
cable segment over a twelve (12) month period. Before CLEC may order additional UDF
on such fiber cable segment, CLEC must demonstrate efficient use of existing fiber in
each cable segment. Efficient use of interoffice cable segments is defined as providing
a minimum of OC-12 termination on each fiber pair. 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. In this proceeding, CenturyLink shall not object to
using the most expeditious procedure available under state law, rule or
regulation. CenturyLink shall be relieved of its unbundling obligations, related to
the specific Dark Fiber at issue, pending the proceeding before the Commission.
If CenturyLink fails to initiate such pending proceeding within such seven (7) Day
period, CLEC's request to unbundle Dark Fiber shall be reinstated and the
ordering and Provisioning processes of Section 9.7.3 shall continue.

9.7.2.6 Intentionally Left Blank.
9.7.2.7 Specifications, interfaces and parameters for Dark Fiber are described in
CenturyLink's Technical Publication 77383.
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9.7.2.8 CLEC is responsible for trouble isolation before reporting trouble to
CenturyLink.
9.7.2.9 Intentionally Left Blank.
9.7.2.10 Upon thirty (30) Days notification to CLEC, CenturyLink may initiate a
proceeding to reclaim Dark Fiber strands from CLEC that were not serving End User
Customers at the time of CenturyLink's notice to CLEC. In such proceeding,
CenturyLink shall have the burden to prove that CenturyLink needs such fiber strands in
order to meet its Carrier of last resort obligations as established by any regulatory
authority. In such proceeding, CLEC shall not object to using the most expeditious
procedure available under state law, rule or regulation. CLEC shall be entitled to retain
such strands of UDF for any purpose permitted under this Agreement pending the
proceeding before the Commission; provided, however, that such use shall be at CLEC's
sole risk of any reclamation approved by the Commission, including the risk of
termination of service to End User Customers. CLEC may designate five percent (5%)
of its fibers along a fiber cable segment, or two (2) strands, whichever is greater, for
maintenance spare, which fibers or strands are not subject to the reclamation
requirements in this paragraph.

9.7.2.11 Intentionally Left Blank.

9.7.2.12 CLEC must have established Collocation or other Technically Feasible
means of network demarcation pursuant to Section 9.1.4 of this Agreement at both
terminating points of the UDF-IOF. No Collocation is required in intermediate Wire
Centers within a UDF or at Wire Centers where CLEC's UDFs are cross connected.
CLEC has no access to UDF at those intermediate Wire Centers.
9.7.2.12.1 CLEC-to-CLEC connections with UDF for the mutual exchange
of 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 Intentionally Left Blank.

9.7.2.15 Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a
non-CenturyLink owned MTE is done through an MTE-POI. Collocation is not required
to access MTE Subloops.
9.7.2.16 CLEC 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 furnish a light detector at one (1)
termination point of the UDF, and CLEC shall furnish light generating equipment at the
other termination point of the UDF as described below:
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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. If 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.
9.7.2.18 If, within ten (10) Days of the date CenturyLink provisioned an order for
UDF, CLEC demonstrates that the UDF pair(s) provisioned over requested route do not
meet the minimum parameters set forth in Technical Publication 77383, and if the
trouble is in the CenturyLink UDF facility, not due to fault on the part of CLEC, then
CenturyLink will at no additional cost, attempt to repair the UDF as it relates to
CenturyLink cross connects and jumpers. If CenturyLink cannot repair the UDF to the
minimum parameters set forth in Technical Publication 77383, CenturyLink will replace
the UDF if suitable UDF pair(s) are available, at no additional nonrecurring charge. If
CenturyLink cannot replace the UDF upon receipt of t order,
CenturyLink will refund the nonrecurring charges associated with the Provisioning
excluding IRI, FVQP and Field Verification and will discontinue all recurring charges.
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 If 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. If 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. If Collocation and or other
network demarcation arrangements have not been completed, CLEC must have
obtained preliminary APOT address information (CFA Connecting Facility Assignment)
for its network Demarcation Points in each CenturyLink Wire Center where the UDF
terminates prior to placing an order 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. If the preliminary
APOT address is changed by CLEC, a new Provisioning time line for UDF must be
established.
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9.7.3.3 Based on the CLEC request, (UDF-IOF or UDF MTE Subloop), there are
two (2) possible termination scenarios.
9.7.3.3.1 Termination at an MTE. CLEC shall access the UDF MTE
Subloop on the MTE Premises at a Technically Feasible point if possible. If
access is not Technically Feasible on the MTE Premises, then CLEC may
request access to UDF MTE Subloop at a Technically Feasible point near the
MTE Premises. CenturyLink 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 Individual Case Basis (ICB)
and will include costs and an interval in accordance with Exhibit C.
9.7.3.3.2 Intentionally Left Blank.
9.7.3.3.3 Termination at CenturyLink Wire Center. If spare fiber is
available, and CLEC chooses to proceed, and the request is for UDF
terminations at a CenturyLink Wire Center, CenturyLink 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. If CLEC does not obtain a field verification,
CLEC assumes the risk that records upon which the UDF inquiry response is based may
be in error. CLEC may reserve UDF for thirty (30), 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 If it is determined that the UDF does not meet the minimum parameters of
Technical Publication 77383 without fault of CLEC, and if the trouble is in the
CenturyLink UDF facility, then CenturyLink will attempt to repair the UDF as it relates to
CenturyLink cross connects and jumper at no additional cost. If 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
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available. If CenturyLink cannot replace the UDF with available pairs, then it, upon
receipt of C connect order, will discontinue the recurring charges effective as of
the date of the commencement of the trouble.
9.7.5 Rate Elements
Exhibit A provides recurring and nonrecurring rates for Dark Fiber and also provides
Miscellaneous Charges.
9.7.5.1 Dark Fiber includes the following rate elements:
a) Initial Records Inquiry (IRI). This rate element is a pre-order
work effort that investigates the availability of UDF. This is a one-time charge for
each route check requested by CLEC. A simple IRI determines if UDF is
available between two (2) CenturyLink Wire Centers. A complex IRI is used to
determine if a UDF MTE Subloop is available. CenturyLink will bill CLEC the IRI
immediately upon receipt of the inquiry. The IRI is a record search and does not
guarantee the availability of UDF.
b) Field Verification and Quote Preparation (FVQP). This rate
element is a pre-order work effort to estimate the cost of providing UDF access to
CLEC at locations other than CenturyLink Wire Centers. CenturyLink 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 IRI). If FVQP is applicable pursuant to this section and
CLEC orders UDF that has been reserved after a Field Verification has been
performed, then the charge for FVQP 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.
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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
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-IOF.
9.7.5.2.2 Intentionally Left Blank.

9.7.5.2.3 Intentionally Left Blank.

9.7.5.2.4 Unbundled Dark Fiber - Order Charge, First Strand/Route, Per
Order.
9.7.5.2.4.1 This rate element is the nonrecurring component assessed
for installation of Unbundled Dark Fiber, by the strand. The element
applies for the first strand that is requested to terminate at a single
location.
9.7.5.2.5 Unbundled Dark Fiber - Order Charge, Each Additional
Strand/Route, Per Order.
9.7.5.2.5.1 This rate element is the nonrecurring component assessed
for installation of each additional Unbundled Dark Fiber strand. The
element applies to each additional strand ordered to the same location,
on the same request.
9.7.5.2.6 Unbundled Dark Fiber per Pair - IOF Rate Elements
9.7.5.2.6.1 UDF-IOF Termination (Fixed) Rate Element. This rate
element is a recurring rate element and provides a termination at the
interoffice FDP within the CenturyLink Wire Center. Two UDF-IOF
terminations apply per pair at each end of the facility. Termination
charges apply for each intermediate Central 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
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connect point. The nonrecurring rate will not be charged for cross
connects already in place prior to CLEC's order for UDF-IOF.
9.7.5.2.8 Unbundled Dark Fiber - Order Charge, First Pair/Route, Per
Order.
9.7.5.2.8.1 This rate element is the nonrecurring component assessed
for installation of Unbundled Dark Fiber, by the pair. The element applies
for the first pair that is requested to terminate at a single location.
9.7.5.2.9 Unbundled Dark Fiber- Order Charge, Each Additional
Pair/Route, Per Order, Per Location, Per Request.
9.7.5.2.9.1 This rate element is the nonrecurring component assessed
for installation of each additional Unbundled Dark Fiber pair. The element
applies to each additional pair ordered to the same location, or
subsequent locations for CLEC.

9.7.5.2.10 Unbundled Dark Fiber Splice.
9.7.5.2.10.1 This rate element is the nonrecurring charge assessed for
the splice location, if required, to make the UDF MTE Subloop accessible.
This rate element is for the work performed at the accessible first
manhole or splicing location associated with an UDF MTE Subloop order.
9.7.5.2.11 Unbundled Dark Fiber MTE Subloop.
9.7.5.2.11.1 This rate element includes recurring and nonrecurring
charges assessed for the UDF MTE Subloop and it is ICB (Individual
Case Basis).
9.7.5.2.12 Miscellaneous Services. The following miscellaneous services, as
described in Section 9.1.12, are available with Dark Fiber. Miscellaneous
Charges apply for miscellaneous services.
a) Cancellation
b) Dispatch
c) Maintenance of Service.
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9.14 Intentionally Left Blank
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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 Construction Charges
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.
When 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. If 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 Eleme 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 Interoffice Transport (UDIT)
Unbundled Local Loop
9.19.2.1 To make a request for construction of facilities, CLEC must submit a
CRUNEC request by contacting the CenturyLink service manager.
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9.19.3 Rates for CRUNEC
9.19.3.1 A Records Quote Preparation Fee (RQPF) applies, and is a nonrecurring
charge assessed prior to preparation of a Records Quotation, which is a high level
overview and estimate of the cost of construction. This construction estimate is based
on records only and is not binding on CenturyLink. Credit in the amount of the RQPF
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 Installed (EF&I)). CenturyLink will provide
a brief description of work completed.

9.19.3.3.1 EF&I is defined as:

Engineering labor to analyze the needs for the requested UNE and
design and issue the required work orders
Furnished material cost
Installation labor costs to complete the work order

9.19.3.4 The amount of the CRUNEC quotation is determined using the same
financial analysis criteria, and costs to recover for EF&I, that CenturyLink uses to assess
whether to build the equivalent facilities for itself.

9.19.3.5 Rates are included in Exhibit A to this Agreement.
9.20 Intentionally Left Blank
9.21 Intentionally Left Blank
9.22 Intentionally Left Blank
9.23 Unbundled Network Element Combinations
9.23.1 General Terms
9.23.1.1 CenturyLink shall provide CLEC with non-discriminatory access to
combinations of Unbundled Network Elements including but not limited to, Enhanced
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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
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.g., switched and special access services
offered pursuant to Tariff), and request CenturyLink to perform the necessary
functions to provision such Commingling. CLEC will be required to provide the
Connecting Facility Assignment (CFA) of CLEC's network demarcation (e.g.,
Collocation or multiplexing facilities) for each UNE, UNE Combination, or
wholesale service when requesting CenturyLink to perform the Commingling of
such services. CenturyLink shall not deny access to a UNE on the grounds that
the UNE or UNE Combination shares part of CenturyLink's network with access
services. All requests for combinations and Commingling will be subject to the
terms and conditions in Section 9.1. In addition to the UNE Combinations
provided by CenturyLink to CLEC hereunder, CenturyLink shall permit CLEC to
combine any UNE provided by CenturyLink with another UNE provided by
CenturyLink or with compatible network components provided by CLEC or
provided by third parties to CLEC in order to provide Telecommunications
Services. Notwithstanding the foregoing, CLEC can connect its UNE
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.
When CLEC orders in combination UNEs that are currently interconnected and
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functional, such UNEs shall remain interconnected or combined as a working service
without any disconnection or disruption of functionality.
9.23.1.4 When ordered in combination, CenturyLink will combine for CLEC UNEs
that are ordinarily combined in CenturyLink's network, provided that facilities are
available.
9.23.1.5 When ordered in combination, CenturyLink 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 Is Technically Feasible;
9.23.1.5.2 Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with CenturyLink's network; and
9.23.1.5.3 Would not impair CenturyLink's use of its network.
9.23.1.6 When ordered in combination, CenturyLink will combine CLEC UNEs with
CenturyLink UNEs, provided that facilities are available and such combination:
9.23.1.6.1 Is Technically Feasible;
9.23.1.6.2 Shall be performed in a manner that provides CenturyLink
access to necessary facilities;
9.23.1.6.3 Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with CenturyLink's network; and
9.23.1.6.4 Would not impair CenturyLink's use of its network.
9.23.2 Description
UNE Combinations are available in, but not limited to, the following standard products: EEL,
subject to the limitations set forth below. If CLEC desires access to a different UNE
Combination, CLEC may request access through the Special Request Process set forth in this
Agreement. CenturyLink 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. If CenturyLink develops additional UNE Combination products, CLEC can
order such products without using the Special Request Process, but CLEC may need to submit
a New Customer Questionnaire and execute an amendment before ordering such products.
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
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and manner" to that which CenturyLink provides to itself. In those situations where
CenturyLink does not provide access to UNE Combinations itself, CenturyLink will
provide access in a manner that provides CLEC with a meaningful opportunity to
compete.
9.23.3.2 Intentionally Left Blank.
9.23.3.3 Intentionally Left Blank.
9.23.3.4 Intentionally Left Blank.
9.23.3.5 Intentionally Left Blank.
9.23.3.6 Intentionally Left Blank.
9.23.3.7.0 UNE Transport - Pursuant to the terms of the FCC Forbearance
Orders, the terms and conditions under which CLEC may order and maintain the
Agreement and Enhanced Extended Loop (EEL ), as defined in Section 9.23.3.7 of the
Agreement (together, referred to as UNE Transport ) are no longer available after
February 2, 2020 when both endpoints is a wire center listed at
http://www.centurylink.com/wholesale/clecs/nta.html.

9.23.3.7 Enhanced Extended Loop (EEL) -- EEL is a combination of Loop and
dedicated interoffice transport and may also include multiplexing. EEL transport and
Loop facilities may utilize DS0 through DS3 bandwidths. The terms and conditions of
Section 9.6 shall apply to the Unbundled Dedicated Interoffice Transport portion of the
EEL. The terms and conditions of Section 9.2 shall apply to the Loop portion of the EEL.
EEL is offered as a conversion from private line/special access or as new installation
subject to the terms of Section 9.1.1.

9.23.3.7.1 Service Eligibility Criteria in Section 9.1.1.10 apply to
combinations of high capacity (DS1 and DS3) Loops and interoffice transport
(high capacity EELs). This includes new UNE EELs, EEL conversions (including
commingled EEL conversions) or new commingled EELs (e.g., high capacity
loops attached to special access transport). CLEC cannot utilize combinations of
Unbundled Network Elements that include DS1 or DS3 Unbundled Loops and
DS1 or DS3 Unbundled Dedicated Interoffice Transport (UDIT) to create high
capacity EELs unless CLEC certifies to CenturyLink that the EELs meet the
Service Eligibility Criteria in Section 9.1.1.10.
9.23.3.7.2 Intentionally Left Blank.
9.23.3.7.2.1 Intentionally Left Blank.
9.23.3.7.2.2 Intentionally Left Blank.
9.23.3.7.2.3 Intentionally Left Blank.
9.23.3.7.2.4 Intentionally Left Blank.
9.23.3.7.2.5 Intentionally Left Blank.
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9.23.3.7.2.6 Intentionally Left Blank.
9.23.3.7.2.7 Intentionally Left Blank.
9.23.3.7.2.8 Intentionally Left Blank.
9.23.3.7.2.9 Intentionally Left Blank.
9.23.3.7.2.10 Intentionally Left Blank.
9.23.3.7.2.11 CLEC may request the conversion of an existing
private line/special access service to an EEL. Retail and/or resale private
line circuits (including multiplexing) may be converted to EEL if the
conversion is Technically Feasible and they meet the terms of Section
9.1.1. CenturyLink 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.
9.23.3.7.2.12 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 Intentionally Left Blank.
9.23.3.7.2.12.3 Both ends of the interoffice facility of a high
capacity EEL must origi n 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 orig
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 Intentionally Left Blank.
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9.23.3.7.2.12.6 Installation intervals are set forth in Exhibit
C and in the Service Interval Guide (SIG) on the following web site
address: http://www.centurylink.com/carrier/guides/sig/index.html.
9.23.3.7.2.12.7 Intentionally Left Blank.
9.23.3.7.2.12.8 EEL is available only where existing
facilities are available.
9.23.3.7.2.12.9 Rearrangements may be requested for work
to be performed by CenturyLink on an existing EEL or on some
private line/special access circuits when coupled with a
conversion-as-specified request to convert to EEL.
9.23.3.8 Ordering
9.23.3.8.1 Intentionally Left Blank.
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 DS0 EEL Loop LSR order and apply the charges.
9.23.3.8.4 Intentionally Left Blank.
9.23.3.8.5 One (1) LSR is required when CLEC orders Point-to-Point EEL.
Multiplexed EEL and EEL Loops must be ordered on separate LSRs.
9.23.3.8.6 Out of Hours Project Coordinated Installations: CLEC may
request project coordinated installations outside of CenturyLink's standard
installation hours. This permits CLEC to obtain a coordinated installation for EEL
where CLEC requests work to be performed outside of CenturyLink s standard
installation hours. For purposes of this Section, CenturyLink's standard
installation hours are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday,
excluding holidays. Installations commencing outside of these hours are
considered to be out of hours project coordinated installations.
9.23.3.8.6.1 The date and time for the out of hours project
coordinated installation requires up-front planning and shall be negotiated
between CenturyLink and CLEC. All requests will be processed on a first
come, first served basis and are subject to CenturyLink 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 project coordinated
installations, CLEC will submit an LSR designating the desired
appointment time. CLEC must specify an out of hours project
coordinated Installation in n of the LSR.
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9.23.3.9 Rate Elements
Exhibit A provides recurring and nonrecurring rates for EEL and also provides
Miscellaneous Charges.
9.23.3.9.1 EEL Loop. The EEL Loop is the Loop connection between the
End User Customer premises and the Serving Wire Center. EEL Loop is
available in DS0, DS1, and DS3 bandwidths. Recurring and nonrecurring
charges apply.
9.23.3.9.2 EEL Transport. EEL Transport consists of the dedicated
interoffice facilities between CenturyLink Wire Centers. EEL Transport is
available in DS0, DS1, and DS3 bandwidths. Recurring charges apply.
9.23.3.9.3 EEL Multiplexing. EEL multiplexing is offered in DS3 to DS1
and DS1 to DS0 configurations. EEL multiplexing is ordered with EEL Transport.
Recurring and nonrecurring charges apply.
9.23.3.9.4 DS0 Low Side Channelization and DS0 MUX Low Side
Channelization. EEL DS0 Channel Cards are required for each DS0 EEL Loop.
Channel Cards are available for Analog Loop Start, Ground Start, Reverse
Battery, and No Signaling.
9.23.3.9.5 Intentionally Left Blank.
9.23.3.9.6 Rearrangements. Nonrecurring charges apply for work
performed by CenturyLink on an existing EEL or on private line/special access
circuits when coupled with a conversion-as-specified request to convert to EEL.
9.23.3.9.7 Nonrecurring charges apply for conversions of private
line/Special Access to EEL.
9.23.3.9.8 Miscellaneous Charges. The following miscellaneous services,
as described in Section 9.1.12, are available with EEL. Miscellaneous Charges
apply for miscellaneous services.
a) Additional labor installation Miscellaneous Charges apply for out-
of-hours project coordinated installations scheduled to commence out of
hours, or rescheduled by CLEC to commence out of hours, in addition to
standard nonrecurring charges for the installation
b) Additional labor other Miscellaneous Charges apply for Optional
Testing
c) Cancellation
d) Design change
e) Dispatch
f) Expedite
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g) Maintenance of Service.
9.23.3.10 CLEC may request access to and, where appropriate, development of,
additional UNE Combinations. For UNEs CenturyLink currently combines in its network,
CLEC can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that
CenturyLink does not currently combine, CLEC must use the Bona Fide Request
Process (BFR). In its BFR or SRP request, CLEC must identify the specific combination
of UNEs, identifying each individual UNE by name as described in this Agreement.
9.23.3.11 Intentionally Left Blank.
9.23.3.12 If CLEC is obtaining services from CenturyLink under an arrangement or
agreement that includes the application of termination liability assessment (TLA) or
minimum period charges, and if CLEC wishes to convert such services to UNEs or a
UNE Combination, the conversion of such services 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 otherwise granted by this Agreement or by
law to elect to make such conversions.
9.23.3.13 For installation of new UNE Combinations, CLEC 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 Intentionally Left Blank.
9.23.3.15 Intentionally Left Blank.
9.23.3.16 In the event CenturyLink terminates the Provisioning of any UNE
Combination service to CLEC for any reason, CLEC shall be responsible for providing
any and all necessary notice to its End User Customers of the termination. In no case
shall CenturyLink be responsible for providing such notice to CLEC's End User
Customers. CenturyLink shall only be required to notify CLEC of CenturyLink's
termination of the UNE Combination service on a timely basis consistent with
Commission rules and notice requirements.
9.23.3.17 CLEC, or CLEC's agent, shall act as the single point of contact for its End
User Customers' service needs, including without limitation, sales, service design, order
taking, Provisioning, change orders, training, maintenance, trouble reports, repair, post-
sale servicing, 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. In responding to calls,
neither Party shall make disparaging remarks about each other. To the extent the
correct provider can be determined, misdirected calls received by either Party will be
referred to the proper provider of local Exchange Service; however, nothing in this
Agreement shall be deemed to prohibit CenturyLink or CLEC from discussing its
products and services with CLEC's or CenturyLink's End User Customers who call the
other Party seeking such information.
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9.23.4 Rates and Charges
9.23.4.1 The rates and recurring and nonrecurring charges for the individual
Unbundled Network Elements that comprise UNE Combinations are contained in Exhibit
A, and Exhibit A also provides Miscellaneous Charges.
9.23.4.1.1 Recurring monthly charges for each Unbundled Network
Element that comprise the UNE Combination shall apply when a UNE
Combination is ordered.
9.23.4.1.2 Nonrecurring charges, if any, will apply based upon the cost to
CenturyLink of Provisioning the UNE Combination and providing access to the
UNE Combination.
9.23.4.1.3 Miscellaneous Charges will apply based upon CenturyLink
providing miscellaneous services, if made available, with UNE combination.
9.23.4.2 If the Commission takes any action to adjust the rates previously ordered,
CenturyLink 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 Intentionally Left Blank.
9.23.4.5 Intentionally 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 Intentionally Left Blank.
9.23.5.1.2 Intentionally Left Blank.
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
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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.
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 IMA, EDI or Exact interfaces or through facsimile. For EEL, the date
the LSR or ASR is received is considered the start of the service interval if the order is
received on a business day prior to 3:00 p.m. For EEL, the service interval 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, Independence Day (4th of July), Labor Day, Thanksgiving Day and
Christmas Day.
9.23.5.5 Intentionally Left Blank.
9.23.5.6 Intentionally Left Blank.
9.23.5.7 For EELs, CLEC shall provide CenturyLink and CenturyLink shall provide
CLEC with points of contact for order entry, problem resolution, repair, and in the event
special attention is required on service request.
9.23.6 Intentionally Left Blank
9.23.7 Maintenance and Repair
9.23.7.1 CenturyLink 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 Intentionally Left Blank
9.24.1 Intentionally Left Blank
9.24.2 Intentionally Left Blank

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9.24.3 Intentionally Left Blank

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9.24.6 Intentionally Left Blank

9.24.7 Customer of Record and Authorized Agents
9.24.7.1 "Customer of Record" is defined for the purposes of this section as the
voice service provider. The Customer of Record may designate an authorized agent
pursuant to the terms of Sections 9.24.7.2 and 9.24.7.3 to perform ordering and/or
Maintenance and Repair functions.
9.24.7.2 In order for the authorized agent of the Customer of Record to perform
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 SecurID 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 SecurID 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

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), or with a special access (SA), Tariffed DS1
or DS3 multiplexed facility with no interoffice transport. The PLT/SA multiplexed
facility is provided as either an Interconnection Tie Pair (ITP) or Expanded
Interconnection Termination (EICT) from the high side of the multiplexer to
CLEC's Collocation. The multiplexer and the Collocation must be located in the
same CenturyLink Wire Center.

9.25.1.2 LMC provides CLEC with the ability to access End User
Customers and aggregate DS1 or DS0 unbundled Loops to a higher bandwidth
via a PLT/SA DS1 or DS3 multiplexer. There is no interoffice transport between
the multiplexer and CLEC's Collocation.

9.25.1.3 CenturyLink offers the LMC Loop as a billing conversion or as new
provisioning.
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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.

9.25.2.3 The PLT/SA DS1 or DS3 multiplexed facility must terminate in a
Collocation.

9.25.2.4 The multiplexed facility is subject to all terms and conditions
(ordering, provisioning, and 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 DS0 and DS1. Recurring and non-
recurring charges apply.

9.25.3.2 DS0 Mux Low Side Channelization. LMC DS0 channel cards
are required for each DS0 LMC Loop connected to a 1/0 LMC multiplexer.
Channel cards are available for analog loop start, ground start, reverse battery,
and no signaling. See channel performance for recurring charges.
9.25.3.3 Nonrecurring charges apply for 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.
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a) Additional labor installation Miscellaneous Charges apply for out-
of-hours project coordinated installations scheduled to commence out of
hours, or rescheduled by CLEC to commence out of hours, in addition to
standard nonrecurring charges for the installation
b) Additional labor other Miscellaneous Charges apply for Optional
Testing
c) Cancellation
d) Design change
e) Dispatch
f) Expedite
g) Maintenance of Service
9.25.4 Ordering Process
9.25.4.1 Ordering processes for LMC Loop(s) are contained in this
Agreement and in CenturyLink's Product Catalog (PCAT). The following 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
orders via an LSR.
9.25.4.2 Prior to placing an order on behalf of each End User Customer,
CLEC shall be responsible for obtaining and have in its possession a Proof of
Authorization (POA) as set forth in this Agreement.
9.25.4.3 Standard service intervals for LMC Loops are in the Service
Interval Guide (SIG) available at 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,
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Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and
Christmas Day.
9.25.4.5 Out of Hours Project Coordinated Installations: CLEC may
request an out of hours project coordinated Installation. This permits CLEC to
obtain a coordinated installation for LMC Loops with installation work performed
by CenturyLink outside of CenturyLink standard installation hours. For
purposes of this section, CenturyLink's standard installation hours are 8:00 a.m.
to 5:00 p.m. (local time), Monday through Friday, except holidays. Installations
commencing outside of these hours are considered to be out of hours project
coordinated installations.
9.25.4.5.1 The date and time for the out of hours project coordinated
installation requires up-front planning and shall be negotiated between
CenturyLink and CLEC. All requests will be processed on a first come,
first served basis and are subject to CenturyLink
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 Installation in the
ks section of the LSR.
9.25.5 Intentionally Left Blank
9.25.6 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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Section 10.0 ANCILLARY SERVICES
10.1 Intentionally Left Blank
10.2 Local Number Portability
10.2.1 Description
10.2.1.1 Local Number Portability (LNP) is defined by the FCC as the ability of
users of Telecommunications Services to retain, at the same location, existing
Telecommunications numbers without impairment of quality, reliability, or convenience
when switching from one Telecommunications Carrier to another. CenturyLink 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 Office Switch is assigned a unique ten-digit LRN,
the first six digits of which identify the location of that End Office Switch. The LRN
technology is a triggering and addressing method which allows the re-homing of
individual telephone numbers to other End 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 Intelligent Network (AIN) trigger, commonly referred to as the LRN trigger.
During this interruption, a query is launched to the LNP database in the signaling
network and the call is re-addressed using the LRN information for the ported telephone
number. The LRN will route the call to the proper End 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 Industry Numbering Committee (INC) of the Alliance for Telecommunications
Industry Solutions (ATIS). Unless specifically excluded in Section 10.2.2.6, all telephone
numbers assigned to an End User Customer are available to be ported through LNP.
Mass calling events shall be handled in accordance with the industry's non-LRN
recommendation (NANC's High Volume Call-In Networks dated February 18, 1998).
10.2.2.2 Each Party shall use reasonable efforts to facilitate the expeditious
deployment of LNP. The Parties shall comply with the processes and implementation
schedules for LNP deployment prescribed by the FCC. In accordance with industry
guidelines, the publications of LNP capable End 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 In connection with the provision of LNP, the Parties agree to support and
comply with all relevant requirements or guidelines that are adopted by the FCC, or that
are agreed to by the Telecommunications industry as a national industry standard.
10.2.2.4 CenturyLink 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 9 of this Agreement. CLEC will coordinate with
CenturyLink for the transfer of the CenturyLink Unbundled Loop coincident with the
transfer of the End User Customer's service to CenturyLink in a reasonable amount of
time and with minimum service disruption. For coordination with Loops not associated
with CenturyLink's Unbundled Loop offering, CLEC may order the LNP managed cut, as
described in Section 10.2.5.4.
10.2.2.4.1 Parties understand that LNP order activity must be coordinated
with facilities cutovers in order to ensure that the End User Customer is provided
with uninterrupted service. If the Party porting the telephone number
experiences problems with its port or provision of its Loop, and needs to delay or
cancel the port and any Loop disconnection, that Party shall notify the other 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.
10.2.2.5 The Parties agree to implement LNP within the guidelines set forth by the
generic technical requirements for LNP as specified in Section 21 of this Agreement.
10.2.2.6 Neither Party shall be required to provide Local Number Portability for
telephone numbers that are excluded by FCC rulings (e.g., 500 and 900 NPAs, 950 and
976 NXX number services).
10.2.2.7 After an End 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 NXX.
10.2.2.8 Each Party shall offer Local Number Portability to End User Customers
for any portion of an existing DID block without being required to port the entire block of
DID telephone numbers. Each Party shall permit End User Customers who port a
portion of DID telephone numbers to retain DID service on the remaining portion of the
DID telephone numbers.
10.2.2.9 At the time of porting a telephone number via LNP from CenturyLink,
CenturyLink shall ensure that the 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.
10.2.2.11 NXX Migration, or Local Exchange Routing Guide Reassignment,
reassigns the entire Central Office Code (NXX) to CLEC's End Office Switch if the code
is used solely for one End User Customer. Where one Party has activated an entire
NXX for a single End User Customer, or activated a substantial portion of an NXX for a
single End User Customer with the remaining telephone numbers in the NXX either
reserved for future use or otherwise unused, if such End User Customer chooses to
receive service from the other Party, the first Party shall cooperate with the second Party
to have the entire NXX reassigned to an End Office Switch operated by the second Party
through the NANP administrator. In addition, both Parties agree to cooperate in
arranging necessary updates and industry notification in the LERG (and associated
industry databases, routing tables, etc.). Such transfer will be accomplished with
appropriate coordination between the Parties and subject to appropriate industry lead-
times (as identified in the LERG and the Central 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 In connection with all LNP requests, the Parties agree to comply with the
National Emergency Number Association (NENA) recommended standards for service
provider Local Number Portability (NENA-02-011), as may be updated from time to time,
regarding unlocking and updating End User Customers' telephone number records in the
911/Automatic Location Information (ALI) database. The Current Service Provider shall
send the 911 unlock record on the completion date of the order to the 911 database
administrator.
10.2.2.13 Porting of Reserved Numbers. The End User Customers of each 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 Customer's relocation at the
time of the port to the New Service Provider be limited to the geographic area
represented by the NXX of the ported telephone number. The Current Service Provider
may not impose a relocation limitation on the New Service Provider or the New Service
Provider's subscribers that is more restrictive than that which the Current Service
Provider would impose upon its own subscribers with telephone numbers having the
same NXX as the telephone number(s) being ported. In addition, the Current Service
Provider may not impose any restrictions on relocation within the same Rate Center by a
ported End User Customer while that End User Customer is served by the New Service
Provider.
10.2.3 Service Management System
10.2.3.1 Each Party shall sign the appropriate NPAC user agreement(s) and
obtain certification from the appropriate NPAC administrator(s) that the Party or the
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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 Information Parameter (JIP) with the first six digits
of the originating LRN in the SS7 Initial Address Message.
10.2.4.5 Each Party shall cooperate in the process of porting telephone numbers
from one Carrier to another so as to limit service outage for the ported End User
Customer. CenturyLink shall update its LNP database from the NPAC SMS data within
fifteen (15) minutes of receipt of a download from the NPAC SMS.
10.2.5 Ordering
10.2.5.1 Both Parties shall comply with industry ordering standards, NANC LNP
Process Flows, LNPA-WG Best Practices as developed by the industry, and appropriate
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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
service is described in Section 12 of this Agreement.
10.2.5.2 Standard Due Date Intervals. Service intervals for both Parties for LNP
are located in the CenturyLink Service Interval Guide (SIG). Additional information can
be found in the Product Catalog for LNP. These intervals include the cutoff times for
order receipt and the time for Firm Order Confirmation (FOC).

10.2.5.3 Most LNP order activity is flow-through, meaning that the ten (10) digit
unconditional trigger, or Line Side Attribute (LSA) trigger, can be set automatically.
CLEC may request any Due Date/Frame Due Time (DD/FDT) where the trigger can be
set automatically, although there may be some instances when CenturyLink or the
Number Portability Administration Center/Service Management System (NPAC/SMS)
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. If 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. In 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.
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 10-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 Customer'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. In the
event CLEC does not make a timely notification, CLEC may submit a late
notification to CenturyLink as soon as possible but in no event later than 12:00
p.m. (mountain time) the next business day after the Due Date to CenturyLink's
Interconnect Service Center in the manner set forth below. For a late notification
properly submitted, CenturyLink agrees to use its best efforts to ensure that the
End User Customer's service is not disconnected prior to 11:59 p.m. of the next
business day following the new Due Date or, in the case of a cancellation, no
disruption of the End User Customer's existing service. Late notifications must
be made by calling CenturyLink's Interconnect Service Center followed by CLEC
submitting a confirming supplemental LSR order.
10.2.5.4 LNP Managed Cut With CLEC-Provided Loop: A managed cut permits
CLEC to select a project managed cut for LNP. Managed cuts are offered on a 24 X 7
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basis.
10.2.5.4.1 The date and time for the managed cut requires up-front
planning and may need to be coordinated between CenturyLink and CLEC. All
requests 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. In 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). In special cases where a FDT must
be agreed upon, the interval to reach agreement will not exceed two (2) days. In
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 (½) 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. If CLEC's information is modified during the
cut, and, as a result, non-scheduled employees are required, CLEC shall be
charged a three (3) hour minimum callout charge per each additional non-
scheduled employee. If the cut is either cancelled, or supplemented to change
the Due Date, within twenty-four (24) hours of the negotiated FDT, CLEC will be
charged a one person three (3) hour minimum charge. If the cut is cancelled due
to a CenturyLink error or a new Due Date is requested by CenturyLink within
twenty-four (24) hours of the negotiated FDT, CenturyLink may be charged by
CLEC one person three (3) hour minimum charge as set forth in Exhibit A.
10.2.5.4.6 In the event that 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. If 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. If CLEC is in
error then a supplemental order shall be provided to CenturyLink. If CenturyLink
is in error, no supplemental order or additional order 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 Customer's CenturyLink Loop will not be
disconnected prior to confirmation that CLEC's Loop has been successfully
installed.
10.2.6 Maintenance and Repair
10.2.6.1 Each 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.
10.2.6.4 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 Identification/Data Management System (ALI/DMS).
The ALI/DMS database contains End User Customer information (including name,
address, telephone number, and sometimes special information from the Current
Service Provider or End User Customer) used to determine to which Public Safety
Answering Point (PSAP) to route the call. The ALI/DMS database is used to provide
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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
10.3.2.1 CenturyLink will provide nondiscriminatory access to the same Basic 911
or Enhanced 911 features, functions and services that CenturyLink provides to its End
User Customers. E911 functions provided to CLEC shall be at the same level of
accuracy and reliability as for such support and services that CenturyLink provides to its
End User Customers for such similar functionality.
10.3.2.2 In counties where CenturyLink has obligations under existing agreements
as the primary provider of the 911 system to the county, CLEC will participate in the
provision of the 911 System as described in Section 10.3.
10.3.2.3 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 It 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 If 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 If 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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service.
10.3.2.11 CLEC is responsible for network management of its network components
in compliance with the Network Reliability Council Recommendations and meeting the
network standard of CenturyLink for the 911 call delivery.
10.3.2.12 The Parties shall provide a single point of contact to coordinate all
activities under this Agreement.
10.3.2.13 Neither Party will reimburse the other for any expenses incurred in the
provision of E911 services. All costs incurred by the Parties for 911/E911 services shall
be 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 Individual 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 Identification (ALI) 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. In 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 If 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 If 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 If 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 22B.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 Center's (NPAC) database once each business day to determine if the
migrate record (i.e., ported telephone number) has been activated by the recipient
company. If the migrate record has been activated by CLEC in the NPAC, the record
shall be unlocked and the migrate record processed. If, at the end of ten (10) business
days, the NPAC database does not show the migrate record as activated or the record
owner identification does not match, the migrate record 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.
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10.3.5 Intentionally Left Blank
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
CLEC. Corrective action will be taken immediately by the responsible Party.
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 Identification (ALI) database. For resold
accounts, if vendor detects errors, it will attempt to correct them. If vendor is unable to
correct the error, vendor will contact CenturyLink for error resolution. For errors referred
to CenturyLink, CenturyLink will provide the corrections in a non-discriminatory manner.
If CenturyLink is unable to resolve the error, CenturyLink will contact the Resale-CLEC
for resolution. In the case of facilities-based CLECs, the vendor will interface directly
with CLEC to resolve record errors.
10.3.7 E911 Interconnection
10.3.7.1 If required by CLEC, CenturyLink shall interconnect direct trunks from
CLEC's network to the Basic 911 PSAP, or the E911 tandem. Such trunks may
alternatively be provided by CLEC. If provided by CenturyLink, such trunks 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, for the provision of 911/E911 services and for access to all subtending
PSAPs (911 Interconnection Trunk Groups). CLEC can order diverse routing for
911/E911 circuits, if facilities are available. When CenturyLink facilities are
available, CenturyLink will comply with diversity of facilities and systems as
ordered by CLEC. Where there is alternate routing of 911/E911 calls to a PSAP
in the event of failures, CenturyLink shall make that alternate routing available to
CLEC.
10.3.7.1.2 911 Interconnection Trunk Groups must be, at a minimum, DS0
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
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Accounting (CAMA) type signaling with MF tones that will deliver Automatic
Number Identification (ANI) with the voice portion of the call, or Signaling System
7 (SS7) if available (i.e., other signaling technology as available). All 911
Interconnection trunk groups must be capable of transmitting and receiving
Baudot code necessary to support the use of Telecommunications Devices for
the Deaf (TTY/TDDs).
10.3.7.1.3 CenturyLink shall begin restoration of 911/E911 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,
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 CenturyLink's 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 Interconnection, including the provision of dedicated trunks from CLEC End
Office Switch to the 911 control office, at Parity with what CenturyLink provides itself.
10.3.8 E911 and Number Portability
10.3.8.1 When a CenturyLink telephone number is ported out, receiving CLEC
shall be responsible to update the ALI/DMS database. When CLEC telephone number
is ported in, CenturyLink shall be responsible to update the ALI/DMS database.
10.3.8.2 When Remote Call Forwarding (RCF) is used to provide number
portability to the End User Customer and a remark or other appropriate field information
is available in the database, the shadow or "forwarded-to" number and an indication that
the number is ported shall be added to the End User Customer record by CLEC.
10.4 White Pages Directory Listings Service
10.4.1 Description
White Pages Directory Listings Service consists of CenturyLink placing the names, addresses
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and telephone numbers of CLEC's End User Customers in CenturyLink's Listings database,
based on End User Customer information provided to CenturyLink by CLEC. CenturyLink is
authorized to use CLEC End User Customer Listings as noted below.
10.4.2 Terms and Conditions
10.4.2.0 White Pages Directory Listings Service is available to facilities-based
CLECs as described in this section.
10.4.2.1 Facilities-based CLECs 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
manual transmission to CenturyLink, its primary, premium and privacy Listings.
10.4.2.1.1 CenturyLink will accept one (1) primary Listing for each main
telephone number belonging to CLEC's facilities-based End User Customers at
no monthly recurring charge.
10.4.2.1.2 CLEC will be charged for its facilities-based premium Listings
(e.g., 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 Intentionally Left Blank.
10.4.2.3 Information on submitting and updating Listings is available in "Facility
Based CLECs and 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 If CLEC provides its End User Customer'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 grant automatically terminates.
10.4.2.5 CLEC End User Customer Listings will be treated the same as
CenturyLink's End User Customer Listings. Prior written authorization from CLEC, which
authorization may be withheld, shall be required for CenturyLink to sell, make available,
or release CLEC's End User Customer Listings to directory publishers, or other third
parties other than Directory Assistance providers. No prior authorization from CLEC
shall be required for CenturyLink to sell, make available, or release CLEC's End User
Customer Directory Assistance Listings to Directory Assistance providers. Listings shall
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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.
10.4.2.10 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 CenturyLink's 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 efforts to ensure that Listings
provided to CenturyLink are accurate and complete. All third party Listings information is
provided AS IS, WITH ALL FAULTS. CLEC further represents that it shall review all
Listings information provided to CenturyLink, including End User Customer requested
restrictions on use, such as nonpublished and nonlisted restrictions.
10.4.2.14 Intentionally 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
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information. CenturyLink understands that certain states, including, but not necessarily
limited to, Minnesota, South Dakota, and Washington, have enacted statutes that
impose certain requirements upon the provision of wireless listings, and CLEC
represents and warrants that listings CLEC submits to CenturyLink reflect and are
provided in full compliance with applicable laws and regulations, including but not limited
to, laws and regulations applicable to wireless listings.
10.4.2.16 CLEC agrees to provide to CenturyLink its End User Customer names,
addresses and telephone numbers in a standard mechanized or manual format, as
specified by CenturyLink.
10.4.2.17 CLEC will supply its ACNA/CIC or CLCC/OCN, as appropriate, with each
order to provide CenturyLink the means of identifying Listings ownership.
10.4.2.18 Prior to placing Listings orders on behalf of End User Customers, CLEC
shall be responsible for obtaining, and have in its possession, Proof of Authorization
(POA), as set forth in Section 5.3 of this Agreement.
10.4.2.19 For Listings that CLEC submits to CenturyLink, CenturyLink 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.g., End User
Customer queries and complaints);
10.4.2.22.2 All account maintenance activity (e.g., additions, changes,
issuance of orders for Listings to CenturyLink);
10.4.2.22.3 Determining privacy requirements and accurately coding the
privacy indicators for CLEC's End User Customer information (if End User
Customer information provided by CLEC to CenturyLink does not contain a
privacy indicator, no privacy restrictions will apply); and
10.4.2.22.4 Any additional services requested by CLEC's End User
Customers.
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
CenturyLink's capacity as a provider of local Exchange Service on a timely basis, under
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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 IS, WITH ALL FAULTS.
CenturyLink further represents that it shall review all its retail End User Customer
Listings information provided to CLEC including End User Customer requested
restrictions on use, such as 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
Affiliate or contractor provides to CenturyLink's End User Customers.
10.4.2.25 CenturyLink further agrees that any arrangements for the publication of
white pages Directory Listings with an 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 If CLEC submits its End User Customer Listings to CenturyLink through a
service bureau or other type of third party (agent), CLEC and the agent shall execute a
Letter of Authorization (LOA), in a form acceptable to CenturyLink, that shall include, but
not be limited to, the following terms:

10.4.2.27.1 That the agent is authorized by CLEC to submit Listings to
CenturyLink on its behalf and to work with CenturyLink in resolving any issues
surrounding its Listing submissions; and

10.4.2.27.2 That the agent 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
CenturyLink shall not alter CLEC's obligations under this Agreement and CLEC shall
remain primarily liable for covenants and responsibilities under this Agreement.
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10.4.3 Rate Elements
The following rate elements apply to white pages directory Listings and are contained in Exhibit
A of this Agreement.
10.4.3.1 Primary Listings; and
10.4.3.2 Premium and Privacy Listings.
10.4.4 Ordering Process
10.4.4.1 CenturyLink provides training on white pages directory Listings requests
and submission processes. The ordering process is similar to the 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 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. Initial information and directions are available in the PCAT.
10.4.4.3 CLEC can submit the OBF forms incorporated in the Local Service
Request via the IMA-EDI, IMA-GUI, or by facsimile.
10.5 Directory Assistance Service
10.5.1 Description
10.5.1.1 Directory Assistance Service is a voice service that CenturyLink provides
to its own End User Customers and 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-current Directory
Assistance Database and in the national Directory Assistance Database that is accessed
by CenturyLink. Directory Assistance Service is available with CLEC-specific branding,
generic branding and with Directory Assistance Call Completion service options, where
available. If facilities-based CLEC chooses to access CenturyLink's Directory
Assistance Service, it is provided to CLEC under this Agreement pursuant to Section
251(b)(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of the Act
are not applicable.
10.5.1.1.1 Directory Assistance Service.
10.5.1.1.1.1 Local Directory Assistance Service. Provides
CLEC's End User Customers published and non-listed Listing information
within the caller's LATA that are included in CenturyLink's then-current
Directory Assistance Database.
10.5.1.1.1.2 National Directory Assistance Service. Provides
CLEC's End User Customers published and non-listed Listing information
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from the database of the national Directory Assistance Services vendor
selected and accessed by CenturyLink.
10.5.1.1.1.3 Call Branding Service. Provides CLEC Local and
national Directory Assistance Service that is branded with the brand of
CLEC (CLEC-specific branding), where Technically Feasible, or with a
generic brand. CLEC-specific Call Branding announces CLEC's name to
CLEC's End User Customer at the start and completion of the call.
Generic branding does not announce any provider's name. CLEC-
specific Call Branding and generic branding are optional services
available to CLEC.
a) Front End CLEC-specific Call Branding - Announces
CLEC's name to CLEC's End User Customer at the start of the
call.
b) Back End CLEC-specific Call Branding - Announces
CLEC's name to CLEC's End User Customer at the completion of
the call.
c) Intentionally Left Blank.
d) CenturyLink 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 A facilities-based CLEC may choose to access CenturyLink's Directory
Assistance Service, and it is provided to CLEC under this Agreement pursuant to
Section 251(b)(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of
the Act are not applicable. Directory Assistance Service is available to CLEC as a
facilities-based provider at the market-based prices contained in Exhibit A.

10.5.2.1 Intentionally Left Blank.
10.5.2.2 CenturyLink's Directory Assistance Database is the database owned and
maintained by CenturyLink which contains only those published and non-listed
telephone number Listings obtained by CenturyLink from its own End User Customers,
other Telecommunications Carriers and Providers.
10.5.2.3 CenturyLink 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
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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 Intentionally Left Blank.
10.5.2.7 Intentionally Left Blank.
10.5.2.8 Intentionally Left Blank.
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 In accordance with Section 18, where CLEC supplies its Listings
to CenturyLink, CLEC may request a comprehensive audit of CenturyLink's use
of CLEC's Listings for Directory Assistance Service. In addition to the terms
specified in Section 18, the following also apply: as used herein, "Audit" shall
mean a comprehensive review of the other Party's delivery and use of the
Listings for Directory Assistance Service provided hereunder and such other
Party's performance of its obligations under this Agreement. CLEC may perform
up to two (2) audits per twelve (12) month period commencing with the Effective
Date of this Agreement of CenturyLink's use of CLEC's Listings in CenturyLink's
Directory Assistance Service. CLEC shall be entitled to "seed" or specially code
some or all of the Listings for Directory Assistance Service that it provides
hereunder in order to trace such information during an Audit and ensure
compliance with the disclosure and use restrictions set forth in this Agreement.
10.5.2.11 CenturyLink shall use CLEC's Listings supplied to CenturyLink by CLEC
under the terms of this Agreement for purposes of providing Directory Assistance
Service and for other lawful purposes, except that CLEC's Listings supplied to
CenturyLink by CLEC and marked as nonpublished or nonlisted Listings shall not be
used for marketing purposes, subject to the terms and conditions of this Agreement.
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10.5.3 Rate Elements
The following rate elements apply to Directory Assistance Service. 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 Intentionally Left Blank
10.5.3.3 A per-call rate is applicable for call completion service.
10.5.4 Ordering Process
CLEC will order Directory Assistance Service by completing the questionnaire entitled
"CenturyLink Operator Services/Directory Assistance Questionnaire for Competitive Local
Exchange Carriers." This questionnaire may be obtained from CLEC's CenturyLink account
manager.
10.5.5 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.).
10.6 Directory Assistance List
10.6.1 Description
10.6.1.1 Directory Assistance List (DAL) information consists of name, address
and telephone number information for all End User Customers of CenturyLink and other
LECs and Provider Subscribers that are contained in CenturyLink's Directory Assistance
Database and, where available, related elements required in the provision of Directory
Assistance Service to CLEC's End User Customers. No prior authorization from CLEC
shall be required for CenturyLink to sell, make available, or release CLEC's End User
Customer Directory Assistance Listings to Directory Assistance providers. In the case of
End User Customers and/or Provider Subscribers who have non-published Listings,
CenturyLink shall provide the End User Customer's and/or Provider Subscriber 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
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number in DAL information. DAL information includes privacy and use restriction
indicators as requested by CenturyLink's retail End User Customers and by Carriers and
Providers. Except for DAL information of Provider Subscribers, DAL information is
provided pursuant to Section 251(b)(3) of the Act. As such, the pricing requirements of
Section 252(d)(1) of the Act are not applicable. DAL information shall be provided to
CLEC at market-based prices contained in Exhibit A.
10.6.1.2 CenturyLink 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
Carrier's or rder.
10.6.1.4 In the event CLEC requires a reload of DAL information from
CenturyLink's database in order to validate, synchronize or reconcile its database, a
reload 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 If CLEC purchases use of DAL information under this Agreement,
CenturyLink grants to CLEC, as a competing provider of telephone Exchange Service
and telephone toll service, access to DAL information for purposes of providing Directory
Assistance Services and for other lawful purposes subject to the terms and conditions of
this Agreement. CLEC is solely responsible for its lawful use of DAL information
obtained under this Agreement pursuant to Section 251(b)(3) of the Act, including, but
not limited to, use of such information only for purposes permitted, or not prohibited by,
the Act, federal and state laws, rules, and regulations, the FCC's orders, rules and
regulations, and the Commission's orders, rules, and regulations. As it pertains to the
use of DAL information in this Agreement, "Directory Assistance Services" shall mean
the provision by CLEC, via telephone, via a live operator or mechanized system, of
telephone number and address information for an identified name or the name and/or
address for an identified telephone number. Should CLEC cease to be a
Telecommunications Carrier or a competing provider of telephone Exchange Service or
telephone toll service, or this Agreement is terminated, this access grant automatically
terminates.
10.6.2.1.1 CenturyLink shall make commercially reasonable efforts to
ensure that Listings belonging to CenturyLink retail End User Customers
provided to CLEC in DAL information are accurate and complete. All third party
DAL information is provided AS IS, WITH ALL FAULTS. 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.
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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;
No solicitation indicators;
Omit from address directories indicators; and
Omit from telemarketing, direct mail, and e-mail lists indicators.
10.6.2.1.3.2 Nonpublished Listings information provided in DAL
information shall not be used for any purpose except for providing
Directory Assistance Services. When used in Directory Assistance
Services applications, nonpublished Listings shall not be used for any
purpose other than in matching a search query. The nonpublished
subscriber name and address, while supplied to CLEC in DAL
information, shall not be provided to any person other than the operator
responding to the End User Customer Directory Assistance Services
query.
10.6.2.2 If CLEC purchases use of DAL information under this Agreement, CLEC
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
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 Intentionally Left Blank.
10.6.2.4 CenturyLink shall retain all right, title, interest and ownership in and to the
DAL information it provides under this Agreement. CLEC acknowledges and
understands that while it may disclose the names, addresses, and telephone numbers
(or an indication of non-published status) of End User Customers and/or Provider
Subscribers to a third party 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 elecommunications Services or to
services is Confidential and Proprietary Information and shall not be disclosed to any
third party.
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10.6.2.5 Each Party shall take commercially reasonable and prudent measures to
prevent unlawful use of DAL information at least equal to the measures it takes to
protect its own confidential and proprietary information, including but not limited to
implementing adequate computer security measures to prevent unauthorized access to
DAL information when contained in any database.
10.6.2.5.1 Unauthorized use of DAL information, or any disclosure to a
third party of the fact that an End User Customer or Provider Subscriber, whose
Listing is furnished in the DAL information, subscribes to CenturyLink's or
another Carrier's Telecommunications Services or to a Provide es, 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 fr at all of the foregoing
actions have been completed. A copy of this certification may be provided to third party
Carriers and/or Providers if the certification pertains to such Carriers' and/or
DAL information contained in CenturyLink's Directory Assistance Database.
10.6.2.7 CLEC is responsible for ensuring that it has proper security measures in
place to protect the privacy of the End User Customer and/or Provider Subscriber
information contained within the DAL information. CLEC must remove from its database
any telephone number for an End User Customer or a Provider Subscriber whose Listing
has become non-published when so notified by CenturyLink or such End User Customer
or Provider Subscriber.
10.6.2.8 Audits -- In accordance with Section 18, CenturyLink may request a
comprehensive audit of CLEC's use of the DAL information. In addition to the terms
specified in Section 18, the following also apply:
10.6.2.8.1 As used herein, "Audit" shall mean a comprehensive review of
the other Party's delivery and use of the DAL information provided under this
Agreement and such other Party's performance of its obligations under this
Agreement. Either Party (the Requesting 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.
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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 10.6.2 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 Initial Database Load -- A "snapshot" of data in the Directory Assistance
Database or portion of the database at the time the order is received.
10.6.3.2 Reload -- A "snapshot" of the data in the Directory Assistance Database
or portion of the database required in order to refresh the data in CLEC's database.
10.6.3.3 Daily Updates -- Daily change activity affecting DAL information in the
Directory Assistance Database.
10.6.3.4 One-Time Set-Up Fees -- Charges for database loads.
10.6.3.5 Output Charges -- Media charges resulting from the electronic
transmission of the DAL information.
10.6.4 Ordering
10.6.4.1 CLEC may order the initial DAL information load or update files for
CenturyLink's local Exchange Service areas in its 14 state operating territory or, on a
state-specific basis, or, where Technically Feasible, CLEC may order the initial DAL
information load or update files by CenturyLink White Page Directory Code or NPA.
10.6.4.2 Special requests for data at specific geographic levels (such as NPA)
must be negotiated in order to address data integrity issues.
10.6.4.3 CLEC shall use the DAL Order Form found in the PCAT.
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10.7 Toll and Assistance Operator Services
10.7.1 Description
10.7.1.1 Toll and assistance operator services (operator services) are a family of
offerings that assist CLEC's facilities-based End User Customers in making and
receiving EAS/local and IntraLATA toll calls. Operator services provided to CLEC
include non-discriminatory access to CenturyLink operator service centers, services, and
personnel. If 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 IntraLATA Assistance. Assists CLEC End User
Customers requesting help or information on making and receiving EAS/local
and IntraLATA toll calls, connects CLEC End User Customers to CenturyLink's
Directory Assistance Service, and provides other information and guidance,
including referral to the business office and repair, as may be consistent with
CenturyLink's customary practice for providing End User Customer assistance.
10.7.1.1.2 Intentionally Left Blank.
10.7.1.1.3 Emergency Assistance. Provides assistance for handling
CLEC's End User Customer's EAS/local and IntraLATA 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 Intentionally Left Blank.
10.7.1.1.5 Intentionally Left Blank.
10.7.1.1.6 Quote Service Provides time and charges to hotel/motel and
other CLEC End User Customers for guest/account identification.
10.7.1.1.7 CLEC-Specific Call Branding Service. Provides CLEC's End
User Customers the operator services listed in this Section branded with the
brand of CLEC (CLEC-specific branding), where Technically Feasible, or with a
generic brand. CLEC-specific Call Branding announces CLEC's name to CLEC's
End User Customer at the start and completion of the call. Generic branding
does not announce any provider's name. CLEC-specific and generic Call
Branding are optional services available to CLEC.
10.7.1.1.7.1 Front End CLEC-specific Call Branding -- Announces
CLEC's name to CLEC's End User Customer at the start of the call.
10.7.1.1.7.2 Back End CLEC-specific Call Branding -- Announces
CLEC's name to CLEC's End User Customer at the completion of the call.
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10.7.2 Terms and Conditions
10.7.2.0 Operator services are available to facilities-based CLEC as described in
this Section 10.7, unless otherwise noted.
10.7.2.0.1 CenturyLink does not authorize CLEC to offer CenturyLink the
incumbent Local Exchange Carrier (ILEC) as a Local Primary Interexchange
Carrier (LPIC) to its existing or new End User Customers on CenturyLink's
behalf. If CLEC assigns CenturyLink the ILEC, LPIC 5123, to CLEC's existing or
new End User Customers, CenturyLink will 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 IntraLATA Toll services.
10.7.2.0.2 If CLEC assigns CenturyLink the ILEC, PIC 5123, to CLEC's
existing or new End User Customers, transport beyond CenturyLink's local
interoffice network for IntraLATA Toll services will be provided over CenturyLink's
IntraLATA Toll network. Routing tables resident in CenturyLink's Switch(es) will
direct CLEC's traffic over CenturyLink's interoffice message trunk network.
10.7.2.0.3 If, during the term of this Agreement, CenturyLink the ILEC offers
IntraLATA Toll services directly to CLEC's End User Customers, CenturyLink 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),
Interconnection to CenturyLink's operator services Switch is Technically Feasible at two
(2) distinct points on the Trunk Side of the Switch. The first connection point is an
operator services trunk connected directly to the CenturyLink operator services host
Switch. The second connection point is an operator services trunk connected directly to
a remote CenturyLink operator services Switch.
10.7.2.2 Trunk Provisioning and facility ownership must follow CenturyLink
guidelines.
10.7.2.3 In order for CLEC to use CenturyLink's operator services as a facilities-
based CLEC using its own or a third party's Switch(es), CLEC must provide an operator
service trunk between CLEC's End Office Switch and the Interconnection point on the
CenturyLink operator services Switch for each NPA served.
10.7.2.4 The technical requirements of operator service trunk are covered in the
Operator Services Systems Generic Requirement (OSSGR), Telcordia now iconectiv
document FR-NWT-000271, Section 6 (Signaling) and Section 10 (System Interfaces) in
general requirements form.
10.7.2.5 Intentionally Left Blank.
10.7.2.6 Intentionally Left Blank.
10.7.2.7 CenturyLink will perform operator services in accordance with operating
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methods, practices, and standards in effect for all its End User Customers, including
making and receiving EAS/local and IntraLATA Toll calls. CenturyLink will respond to
CLEC's End User Customer calls to CenturyLink's operator services according to the
same priority scheme as it responds to CenturyLink's End User Customer calls. Calls to
CenturyLink's operator services are handled on a first come, first served basis, without
regard to whether calls are originated by CLEC or CenturyLink End User Customers.
10.7.2.8 CenturyLink 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 services. 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.
10.7.2.10 Intentionally Left Blank.
10.7.2.11 CLEC-specific Call Branding for operator services includes recording and
setting up CLEC's brand message and loading the brand message into CenturyLink's
Switch(es). CenturyLink will record CLEC's brand message.
10.7.2.12 Intentionally Left Blank.
10.7.2.13 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 as a facilities-based provider at the market-based prices contained in Exhibit A.
10.7.3.1 Operator services are priced on a per call basis, as follows.
10.7.3.1.1 Operator 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.
10.7.3.1.2 Intentionally Left Blank.
10.7.3.1.3 Intentionally Left Blank.
10.7.3.1.4 Intentionally Left Blank.
10.7.3.1.5 Intentionally Left Blank.
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10.7.3.1.6 Busy Line Verify Charges apply for each call where the
operator determines that conversation exists on a line.
10.7.3.1.7 Busy Line Interrupt Charges apply for each call where the
operator interrupts conversation on a busy line and requests release of the line.
10.7.3.1.8 Operator Assistance Charges apply for operator assistance
whether a call is completed or not, that does not otherwise generate an operator
surcharge as described in this Section. These calls include, but are not limited
to: calls given the DDD rate because of transmission problems; calls where the
operator has determined there should be no charge, such as Busy Line Verify
attempts where conversation was not found on the line; calls where CLEC's End
User Customer requests information from the operator and no attempt is made to
complete a call; and calls for quotation service.
10.7.3.1.9 "Completed call" as used in this Section shall mean that CLEC's
End User Customer makes contact with the location, telephone number, person
or extension designated by the End User Customer.
10.7.3.2 Intentionally Left Blank.
10.7.3.3 CLEC-Specific Call Branding Nonrecurring Charges. CenturyLink will
charge CLEC a nonrecurring set-up and recording fee for establishing CLEC-specific
Call Branding, and for loading CLEC's brand message in CenturyLink's Switch(es).
CLEC must pay such nonrecurring charges prior to commencement of CLEC-specific
branding. The nonrecurring charges apply each time CLEC's brand message is
changed. The nonrecurring charge to load the Switches with CLEC's branded message
will be assessed each time there is any change to the Switch.
10.7.4 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 If, due to equipment malfunction or other error, 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.
10.7.5.4 CenturyLink shall provide to CLEC usage information within CenturyLink's
control with respect to calls originated by or terminated to CLEC's End User Customers
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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 Intentionally Left Blank.
10.7.5.6 If CLEC assigns CenturyLink the ILEC to provide IntraLATA 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 Where it has ownership or control to do so,
CenturyLink will provide CLEC with access to available Pole Attachment space for the
placing of facilities for the purpose of transmitting Telecommunications Services.
10.8.1.1.1 The term Pole Attachment means any attachment by CLEC to a
pole owned or controlled by CenturyLink.
10.8.1.2 Ducts and Conduits Where it has ownership or control to do so,
CenturyLink will provide CLEC with access to available ducts/conduits for the purpose of
placing facilities for transmitting Telecommunications Services. A spare duct/conduit will
be leased for copper facilities only, and an innerduct for the purpose of placing fiber.
CLEC may place innerduct in an empty duct/conduit. Control of CLEC-installed spare
innerduct shall vest in CenturyLink immediately upon installation; ownership of such
innerduct shall vest to CenturyLink if, and when CLEC abandons such innerduct. Within
a multiple tenant environment (MTE), duct may traverse building Entrance Facilities,
building entrance links, equipment rooms, Remote Terminals, cable vaults, telephone
closets or building riser.
10.8.1.2.1 The terms duct and conduit mean a single enclosed raceway for
conductors, cable and/or wire. Duct and conduit may be in the ground, may
follow streets, 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
duct/conduit that is inserted into a duct/conduit so that the duct may typically
carry three (3) cables.
10.8.1.2.3 The term microduct means a smaller version of innerduct. Four
(4) microducts can be placed within a 1¼-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 as outlined in the Product
Catalog, access to available ROW for the purpose of placing Telecommunications
facilities. ROW includes land or other property owned or controlled by CenturyLink and
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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, across, along or through private property or enter multiple tenant
environments. Within a multiple tenant environment, a ROW includes a pathway
that is actually used or has been specifically designated for use by CenturyLink
as part of its transmission and distribution network where the boundaries of the
pathway are clearly defined either by written specifications or unambiguous
physical demarcation.
10.8.1.4 Intentionally Left Blank.
10.8.1.5 The phrase "ownership or control to do so" means the legal right, as a
matter of state law, to (i) convey an interest in real or personal property, or (ii) afford
access to third parties as may be provided by the landowner to CenturyLink through
express or implied agreements, or through Applicable Law as defined in this Agreement.
10.8.1.6 Poles, Ducts and Rights of Way (PDR) Transfer of Responsibility refers to
the transfer of the occupancy of space for either aerial or underground facilities to
assuming CLEC from vacating CLEC.
10.8.1.6.1 A PDR Transfer of Responsibility request received by CenturyLink
is irrevocable upon one hundred percent (100%) payment by assuming CLEC of
the nonrecurring transfer charge.
10.8.2 Terms and Conditions
CenturyLink shall provide CLEC non-discriminatory access to poles, ducts, conduit and Rights
of Way (ROW). 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/duct/innerduct or ROW owned or
controlled in whole or in part by CenturyLink, subject to orders placed by CLEC. Any
and all rights granted to CLEC shall be subject to and subordinate to any future local,
state and/or federal requirements.
10.8.2.2 CenturyLink will rely on such codes as the National Electrical Safety Code
(NESC) to prescribe standards with respect to capacity, safety, reliability, and general
engineering principles.
10.8.2.3 Federal requirements, such as those imposed by Federal Energy
Regulatory Commission (FERC) and Occupational Safety and Health Administration
(OSHA), will continue to apply to the extent such requirements affect requests for
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attachments or occupancy to CenturyLink facilities under Section 224(f)(1) of the Act.
10.8.2.4 Intervals associated with access to Pole Attachments will be governed by
FCC 11-50 (Implementation of Section 224 of the Act; A National Broadband Plan for
our Future (rel. April 7, 2011). Such intervals include:
10.8.2.4.1 Stage 1: Survey (otherwise known as Inquiry Review and
Field Verification See Section 10.8.4.1 and 10.8.4.2 below) Within 45
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 in
its application that prevent CenturyLink from accepting the
application as complete.
10.8.2.4.1.2 If CenturyLink denies the application, it will explain
in writing its basis for the denial.
10.8.2.4.1.3 If CenturyLink does not complete its Survey work
within the 45-day period (or 60-day period for Large Orders),
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. In 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.
10.8.2.4.2
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
ng 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.]
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

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
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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. If 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. If 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. In 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
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
es within a state or 300 poles within a
state. For Large Orders up to the lesser of 5 percent o
total poles within a state or 3,000 poles within a state 15 days are
e-
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 affected 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
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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/duct/innerduct/ROW route, including estimated distances between major points,
the identification and location of the poles/duct/innerduct 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/duct/innerduct or other facility for use by CLEC.
10.8.2.7 CenturyLink retains the right to determine the availability of space on
poles/duct/innerduct, conduit and ROW consistent with 47 U.S.C. § 224 and FCC
orders, rules and regulations pursuant to 47 U.S.C. § 224. In the event CenturyLink
determines that rearrangement of the existing facilities on poles, duct/innerduct/conduit,
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
order (Make-Ready fee). When modifications to a CenturyLink spare duct/conduit
include the placement of innerduct, CenturyLink or CLEC will install the number of
innerduct required to fill the duct/conduit to its full capacity.
10.8.2.8 CenturyLink shall make manhole ingress and egress for duct/innerduct
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/duct/innerduct
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. If space is available, CenturyLink will allow access through the
Central Office manhole to the POI (Point of Interconnection). There shall be a
presumption that there shall be no fiber splices allowed in the Central Office manhole.
However, where CLEC can establish the necessity and Technical Feasibility of splicing
in the Central Office manhole, such action shall be permitted.
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10.8.2.11 Replacement/Modification/Installation - If CLEC requests CenturyLink to
replace or modify existing poles/duct/innerduct to increase its strength or capacity for the
sole benefit of CLEC, CLEC shall pay CenturyLink the total actual replacement cost,
CenturyLink's actual cost to transfer its attachments to new poles/duct/innerduct, as
necessary, and the actual cost for removal (including actual cost of destruction) of the
replaced poles/duct/innerduct, if necessary. Ownership of new poles/duct/innerduct
shall vest to CenturyLink.
10.8.2.11.1 Upon request, CenturyLink shall permit CLEC to install
poles/duct/innerduct. CenturyLink reserves the right to reject any non-
conforming replacement pole/duct/innerduct 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
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/duct/innerduct completed at CenturyLink's expense.
10.8.2.13 CenturyLink reserves the right to make an on-site/final construction
inspection of CLEC's facilities occupying the poles/duct/innerduct 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. If corrections are not completed within the
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specified reasonable period, occupancy authorizations for the ROW,
poles/duct/innerduct system where non-complying conditions remain uncorrected shall
suspend forthwith, regardless of whether CLEC has energized the facilities occupying
said poles/duct/innerduct or ROW system and CLEC shall remove its facilities from said
poles/duct/innerduct 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/duct/innerduct system where such non-complying
conditions exist. If 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/duct/innerduct 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.
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. In the case of pole attachments
see Section 10.8.2.4.4 above.
10.8.2.19 If CenturyLink terminates an order for cause, or if CLEC terminates an
order without cause, subject to 10.8.4.4.4, CLEC shall pay termination charges equal to
the amount of fees and charges remaining on the terminated order(s) and shall remove
its facilities from the poles/duct/innerduct within sixty (60) Days, or cause CenturyLink to
remove its facilities from the poles/duct/innerduct at CLEC's expense; provided,
however, that CLEC shall be liable for and pay all fees and charges provided for in this
Agreement to CenturyLink until CLEC's facilities are physically removed. "Cause" as
used herein shall include CLEC's use of its facilities in material violation of any
Applicable Law or in aid of any unlawful act or making an unauthorized modification to
CenturyLink's poles/duct/innerduct, 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
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granting the original ROW to CenturyLink or its predecessor.
10.8.2.20 CenturyLink may abandon or sell any poles/duct/innerduct/conduit or
ROW at any time by giving written notice to CLEC. Any poles/duct/innerduct/conduit or
ROW that is sold, will be sold subject to all existing legal rights of CLEC. Upon
abandonment of poles/duct/innerduct/conduit 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/duct/innerduct/conduit or ROW pursuant to its existing
rights under this Agreement if the poles/duct/innerduct/conduit or ROW is purchased by
another party; 2) purchase the poles/duct/innerduct/conduit 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/duct/innerduct/conduit or ROW at the current market value if no
other party purchased the poles/duct/innerduct/conduit 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 CenturyLink Construction
Standards, the National Electrical Code, the National Electrical Safety Code, and the
rules and regulations of the Occupational Safety and Health Act, all of which are
incorporated by reference, and any governing authority having jurisdiction. Where a
difference in specifications exists, the more stringent specification 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
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/duct/innerduct 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. If CLEC removes facilities from
poles/duct/innerduct for other than repair or maintenance purposes, no replacement on
the poles/duct/innerduct 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/duct/innerduct has been
completed.
10.8.2.23 If any facilities are found attached to poles/duct/innerduct for which no
order is in effect, CenturyLink, without prejudice to its other rights or remedies under this
Agreement, may assess a charge and CLEC agrees to pay the lesser of (a) the annual
fee per pole or per innerduct run between two (2) manholes for the number of years
since the most recent inventory, or (b) five (5) times the annual fee per pole or per
innerduct run between two (2) manholes. In addition, CLEC agrees to pay (a) interest
on these fees at a rate set for the applicable time period by the Internal Revenue Service
for individual underpayments pursuant to Section 6621 of the Internal Revenue Service
Code (25 U.S.C. § 6621, Rev. Rul. 2000-30, 2000-25 IRS 1262), and (b) the cost of any
audit required to identify unauthorized CLEC attachments. CenturyLink shall waive half
the unauthorized attachment fee if the following conditions are met: (1) CLEC cures
such unauthorized attachment (by removing it or submitting a valid order for the
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attachment), 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.g., 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/duct/innerduct application. If 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. § 224 and FCC orders,
rules and regulations pursuant to 47 U.S.C. § 224. In the event of a conflict between this
Agreement, on one hand, and 47 U.S.C. § 224 and FCC orders, rules and regulations
pursuant to 47 U.S.C. § 224, on the other, 47 U.S.C. § 224 and FCC orders, rules and
regulations pursuant to 47 U.S.C. § 224 shall govern. Further, in the event of a conflict
between this Agreement and 47 U.S.C. § 224 and FCC orders, rules and regulations
pursuant to 47 U.S.C. § 224, this Agreement or 47 U.S.C. § 224 and FCC orders, rules
and regulations pursuant to 47 U.S.C. § 224 shall govern, provided however, that any
Access Agreement that has been duly executed, acknowledged and recorded in the real
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 a 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
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ownership or control over duct/conduit or ROW, including duct/conduit or ROW within a
specific multiple tenant environment, if CLEC requests a copy of an agreement between
CenturyLink and the owner of a duct/conduit or ROW, including duct/conduit or ROW
within a specific multiple tenant environment, that grants CenturyLink access to,
ownership of, or control of duct/conduit or ROW within a specific multiple tenant
environment, CenturyLink will provide the agreement to CLEC pursuant to the terms of
this Section. CLEC will submit a completed request that identifies a specific multiple
tenant environment or route for each agreement.
10.8.2.28.1 Upon receipt of a completed request, 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 duct/conduit or ROW or multiple tenant
environment as reflected in CenturyLink's records, and (b) whether or not
CenturyLink has a copy of an agreement that provides CenturyLink access to
duct/conduit or ROW or multiple tenant environment in its possession.
CenturyLink makes no representations or warranties regarding the accuracy of
its records, and CLEC acknowledges that the original property owner may not be
the current owner of the property.
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. In lieu of submission of the Consent to
Disclosure form, CLEC must comply with the indemnification requirements in
Section 10.8.4.1.3.
10.8.2.28.3 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.
10.8.2.28.4 In 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.
10.8.2.29 In cities where CenturyLink has deployed microduct technology but no
vacant microduct is available on the specified route, CLEC may request CenturyLink to
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place microduct along the desired route or CLEC can choose to place microduct that
must meet CenturyLink specifications.
10.8.2.30 In cities where CenturyLink has not deployed microduct and CLEC
wishes to use this technology, CLEC must lease an innerduct. In 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 If any microduct is found occupying facilities for which no order is in
effect, CenturyLink, without prejudice to its other rights or remedies, may assess a
charge and CLEC agrees to pay the lesser of (a) the annual fee per microduct run
between two (2) manholes for the number of years since the most recent inventory, or
(b) five (5) times the annual fee per microduct run between two (2) manholes.
10.8.2.31.1 In addition, CLEC agrees to pay (a) interest on these fees at a
rate set for the applicable time period by the Internal Revenue Service for
individual underpayments pursuant to Section 6621 of the Internal Revenue
Service Code (25 U.S.C 6621, Rev. Rul. 2000-30, 2000-25 IRS 1262), and (b)
the cost of any audit required to identify unauthorized CLEC occupancy.
10.8.2.31.2 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.
10.8.2.31.2.2 The unauthorized occupancy did not require CenturyLink
to take curative measures (e.g., 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/Duct/Innerduct/Microduct Application. If 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.
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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
Authorization 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 CLLI code will remain the same.
10.8.2.32.4 If vacating CLEC has filed for bankruptcy, assuming CLEC must
comply with 11 U.S.C. Section 365.2.6l. 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,
all work in progress must be negotiated between vacating and assuming CLEC.
10.8.2.32.7 Prior to submitting a Transfer of Responsibility request,
assuming CLEC's financial obligations to CenturyLink must be in good standing.
If vacating CLEC is unable to meet its financial obligations, assuming CLEC will
be required to assume the financial obligations of vacating CLEC.
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 accepted, 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 Inquiry Fee. A non-refundable pre-paid charge used to recover the costs
associated with performing an internal record review to determine if a requested route
and/or facility is available, or with respect to ROW, to determine the information
necessary to create the MTE matrix or ROW matrix, as applicable, which identifies, for
each ROW, the name of the original grantor and the nature of the ROW (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
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Telecommunications Services provided to or through real property owned by the third
party (MTE Agreement) and, for each such MTE Agreement, the name of the third party.
Separate Inquiry Fees apply for ROW, poles and duct/conduit/innerduct.
10.8.3.2 Field Verification Fee/Access Agreement Preparation Fee. In the case of
poles and duct/innerduct, the Field Verification Fee is a non-refundable pre-paid charge
which recovers the estimated actual costs for a field survey verification required for a
route and to determine scope of any required make-ready work. Separate Field
Verification Fees apply for poles and manholes. In the case of ROW, the Access
Agreement Preparation Fee is a non-refundable, pre-paid charge which recovers the
estimated actual costs for preparation of the Access Agreement for each ROW
requested by CLEC. Field Verification and Access Agreement Preparation Fees shall be
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 conduit/duct 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 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
antenna attachment which requires two (2) feet). This fee shall be annual unless CLEC
requests that it be semi-annual.
10.8.3.5 Innerduct Occupancy Fee. A pre-paid fee which is charged for the
occupancy, including during any make-ready period, of an innerduct on a per foot basis.
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 make-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.
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10.8.4 Ordering
There are two (2) steps required before placing an order for access to ROW, duct/innerduct and
Pole Attachment: Inquiry Review and Field Verification.
10.8.4.1 Inquiry Reviews. Upon receipt of an inquiry regarding ROW access, Pole
Attachment or duct/innerduct occupancy. CLEC will review the documents and provide
CenturyLink with maps of the desired area indicating the routes and entrance points for
proposed attachment, proposed occupancy or proposed CLEC construction on
CenturyLink owned or controlled poles, duct/innerduct and ROW as well as the street
addresses of any multiple tenant environments upon or through which CLEC proposes
construction on ROW owned or controlled by CenturyLink. CLEC will include the
appropriate inquiry fee with a completed request.
10.8.4.1.1 Inquiry Review Duct/Conduit/Innerduct. CenturyLink will
complete the database inquiry and prepare a duct/conduit structure diagram
(referred to as a "Flatline") which shows distances and access points (such as
manholes). Along with the Flatline will be estimated costs for field verification of
available facilities. These materials 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 Inquiry 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 for field within ten (10) Days of the request.
10.8.4.1.3 Inquiry Review ROW. CenturyLink shall, upon request of
CLEC, provide the ROW matrix, the MTE matrix and a copy of all publicly
recorded agreements listed in those matrices to CLEC within ten (10) Days of the
request. CenturyLink 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. 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. In that event, CLEC shall not be required to provide an executed
Consent to Disclosure form. CenturyLink makes no warranties concerning the
accuracy of the information provided to CLEC; CLEC expressly acknowledges
that CenturyLink's files contain only the original ROW instruments, and that the
current owner(s) of the fee estate may not be the party identified in the document
provided by CenturyLink.
10.8.4.2 Field Verification Poles Duct/Innerduct. CLEC will review the inquiry
results and determine whether to proceed with field verification for poles/ducts. If field
verification by CenturyLink is desired, CLEC will submit the relevant verification fee
(Field Verification Fee. Upon payment of the relevant fee, CenturyLink will provide, as
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applicable, depending on whether the request is for poles, duct/innerduct/conduit: (a) in
the case of duct/innerduct/conduit, a field survey and site investigation of the
duct/innerduct/conduit, including the preparation of distances and drawings, to determine
availability of existing duct/innerduct/conduit; 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; and/or (b) 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 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
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
duct/innerduct. CLEC will be charged standard rates for tactical planner time.
10.8.4.3 Order Poles and Duct/Innerduct. The review, signing and return of the
request 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/duct/innerduct are ready.
10.8.4.4 Make-Ready - Estimates of Make-Ready are used to cover actual Make-
Ready costs.
10.8.4.4.1 If CenturyLink requests, CLEC 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.
10.8.4.4.3 If 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
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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 If CLEC cancels or if, due to circumstances unforeseen during
inquiry/verification, CenturyLink denies the request for poles, ducts or ROW,
upon CLEC request, CenturyLink will also refund the difference between the
actual Make-Ready costs incurred and those prepaid by CLEC, if any. Such
request must be made within thirty (30) Days of CLEC's receipt of written denial
or notification of cancellation. Any such refund shall be made within ten (10)
business days of either receipt of CLEC's request or CenturyLink's receipt of all
records relating to the actual costs, whichever comes last, but in no event later
than ninety (90) Days following the denial.
10.8.4.5 The PDR Transfer of Responsibility process requires the
submission of the PDR 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.centurylink.com/wholesale/pcat/poleductrow.html.
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 [e-mail].
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:
Inquiry Fee, Field Verification Fee, Access Agreement Preparation Fee, Make-Ready Fee, Pole
Attachment Fee, Duct/Innerduct Occupancy Fee and Access Agreement Consideration. Make-
Ready Fees will be computed in compliance with applicable local, state and federal guidelines.
Usage fees for poles/duct/innerduct (i.e., Pole Attachment Fee and Duct/Innerduct Occupancy
Fee) will be assessed on an annual basis (unless CLEC requests a semi-annual basis). Annual
usage fees for poles/duct/innerduct 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
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effective date to cease recurring billing will coincide with the same date recurring billing starts
for assuming CLEC.
10.8.6 Maintenance and Repair
In the event of any service outage affecting both CenturyLink and CLEC, repairs shall be
effectuated on a non-discriminatory basis as established by local, state or federal requirements.
Where such requirements do not exist, repairs shall be made in the following order: electrical,
telephone (EAS/local), telephone (Long Distance), and cable television, or as mutually agreed
to by the users of the affected poles/duct/innerduct.
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Section 11.0 - NETWORK SECURITY
11.1 Protection of Service and Property. Each Party shall exercise the same degree
of care to prevent harm or damage to the other Party and any third parties, its employees,
agents or End User Customers, or their property as it employs to protect its own personnel, End
User Customers and property, etc.
11.2 Each Party is responsible to provide security and privacy of communications.
This entails protecting the confidential nature of Telecommunications transmissions between
End User Customers during technician work operations and at all times. Specifically, no
employee, agent or representative shall monitor any circuits except as required to repair or
provide service of any End User Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or who participated in such
communications or even that such communication has taken place. Violation of such security
may entail state and federal criminal penalties, as well as civil penalties. CLEC is responsible
for covering its employees on such security requirements and penalties.
11.3 The Parties' Telecommunications networks are part of the national security
network, and as such, are protected by federal law. Deliberate sabotage or disablement of any
portion of the underlying equipment used to provide the network is a violation of federal statutes
with severe penalties, especially in times of national emergency or state of war. The Parties are
responsible for covering their employees on such security requirements and penalties.
11.4 CenturyLink and CLEC share responsibility for security and network protection
for each Collocation arrangement. Each Party's employees, agents or representatives must
secure its own portable test equipment, spares, etc. and shall not use the test equipment or
spares of other parties. Use of such test equipment or spares without written permission
constitutes theft and may be prosecuted. Exceptions are the use of CenturyLink ladders in the
Wire Center, either 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 In 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 x 7 security numbers.
11.7 Each Party shall comply at all times with CenturyLink security and safety
procedures and requirements while performing work activities on CenturyLink's Premises.
11.8 CenturyLink 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.
11.10 Keys may entail either metallic keys or combination electronic ID/key cards. It is
solely the responsibility of CLEC to ensure keys are not shared with unauthorized personnel
and recover keys and electronic ID/keys promptly from discharged personnel, such that office
security is always maintained. CenturyLink has similar responsibility for its employees.
11.11 CLEC 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. In cases of
emergency, CLEC shall call 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 safety regulations, which include but are not limited to,
wearing safety glasses in designated areas, keeping doors and aisles free and clean of trip
hazards such as wire, checking ladders before moving, not leaving test equipment or tools on
rolling ladders, not blocking doors open, providing safety straps and cones in installation areas,
using electrostatic discharge protection, and exercising good housekeeping.
11.19 Smoking is not allowed in CenturyLink buildings, Wire Centers, or other
CenturyLink facilities. No open flames shall be permitted anywhere within the buildings, Wire
Centers or other facilities. Failure to abide by this restriction may result in denial of access for
that individual and may constitute a violation of the access rules, subjecting CLEC employee,
agent or vendor to denial of unescorted access. CenturyLink shall provide written notice within
five (5) Days of CLEC violation of this provision to CLEC prior to denial of access and such
notice shall include: 1) identification of the violation of this provision and the personnel involved,
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2) identification of the safety regulation violated, and 3) date and location of such violation.
CLEC will have five (5) Days to remedy any such violation for which it has received notice from
CenturyLink. In 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. In the event CLEC disputes any action
CenturyLink seeks to take or has taken pursuant to this provision, CLEC may pursue immediate
resolution by expedited Dispute Resolution.
11.20 No flammable or explosive fluids or materials are to be kept or used anywhere
within the CenturyLink buildings or on the grounds.
11.21 No weapons of any type are allowed on CenturyLink Premises. Vehicles on
CenturyLink property are subject to this restriction as well.
11.22 Except as otherwise provided in this Agreement, CLEC's employees, agents or
vendors may not make any modifications, alterations, additions or repairs to any space within
the building or on the grounds, provided, however, nothing in Section 11 shall prevent CLEC, its
employees or agents from performing modifications, alterations, additions or repairs to its own
equipment or 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 (800-713-3666) and the reported work activity will be
immediately stopped until the situation is remedied. In the event such non-compliant activity
occurs in a CenturyLink Central Office, 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. If such non-compliant work
activities pose an immediate threat to the safety of the other Party's employees, interference
with the performance of the other Party's service obligations, or pose an immediate threat to the
physical integrity of the other Party's facilities, the compliant Party may perform such work
and/or take action as is necessary to correct the condition at the non-compliant Party's expense.
In the event the non-compliant Party disputes any action the compliant Party seeks to take or
has taken pursuant to this provision, the non-compliant Party may pursue immediate resolution
by expedited Dispute Resolution. If the non-compliant Party fails to correct any safety non-
compliance within ten (10) Days of written notice of non-compliance, or if such non-compliance
cannot be corrected within ten (10) Days of written notice of non-compliance, and if the non-
compliant Party fails to take all appropriate steps to correct as soon as reasonably possible, the
compliant Party may pursue immediate resolution by expedited Dispute Resolution.
11.24 CenturyLink is not liable for any damage, theft or personal injury resulting from
CLEC's employees, agents or vendors parking in a CenturyLink parking area.
11.25 CLEC's employees, agents or vendors outside the designated CLEC access
area, or without proper identification may be asked to vacate the Premises and CenturyLink
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security may be notified. Continued violations may result in termination of access privileges.
CenturyLink shall provide immediate notice of the security violation to CLEC and such notice
shall include: 1) identification of the security violation, 2) identification of the security regulation
violated, and 3) date and location of security violation. CLEC will have five (5) Days to remedy
any such alleged security violation before any termination of access privileges for such
individual. In the event CLEC disputes any action CenturyLink seeks to take or has taken
pursuant to this provision, CLEC may pursue immediate resolution by expedited or other
Dispute Resolution.
11.26 Building related problems may be referred to the CenturyLink Work Environment
Centers:
800-879-3499 (CO, WY, 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. If
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 Interface Device, including clip-
on fraud, if CenturyLink could have reasonably prevented such fraud.
11.34.4 To the extent that incremental costs are directly attributable to a revenue
protection 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.g., clip-on, missing information digits, missing toll
restriction, etc.).
11.34.6 If CenturyLink becomes aware of potential fraud with respect to CLEC's
accounts, CenturyLink will promptly inform CLEC and, at the direction of CLEC, take
reasonable action to mitigate the fraud where such action is possible.
11.35 Law Enforcement Interface. CenturyLink provides emergency assistance to 911
centers and law enforcement agencies seven (7) Days a week/twenty-four (24) hours a Day.
Assistance includes, but is not limited to, release of 911 trace and subscriber information; in-
progress trace requests; establishing emergency trace equipment, release of information from
an emergency trap/trace or *57 trace; requests for emergency subscriber information;
assistance to law enforcement agencies in hostage/barricade situations, kidnappings, bomb
threats, extortion/scams, runaways and life threats.
11.36 CenturyLink provides trap/trace, pen register and Title III 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 Wire Centers or cross
boxes.
11.37 In all cases involving telephone lines served from CenturyLink Wire Centers or
cross boxes, whether the line is a resold line or Unbundled Loop element, CenturyLink will
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perform trap/trace Title III 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 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)
12.1 Description
12.1.0 Pursuant to the terms of the FCC Modernization Order, the terms and conditions
for Operational Support Systems in Section 12.1 of the Agreement are not available subject to
the transition periods applicable to the corresponding UNEs.
12.1.1 CenturyLink has developed and shall continue to provide Operational Support
System (OSS) interfaces using electronic gateways and manual processes. These gateways
act as a mediation or control point between CLEC's and CenturyLink's OSS. These gateways
provide security for the interfaces, protecting the integrity of the CenturyLink OSS and
databases. CenturyLink's OSS interfaces have been developed to support Pre-ordering,
Ordering and Provisioning, Maintenance and Repair and Billing. This section describes the
interfaces and manual processes that CenturyLink has developed and shall provide to CLEC.
Additional technical information and details shall be provided by CenturyLink in training sessions
and documentation and support, such as the "Interconnect Mediated Access User's Guide."
CenturyLink will continue to make improvements to the electronic interfaces as technology
evolves, CenturyLink's legacy systems improve, or CLEC needs require. CenturyLink shall
provide notification to CLEC consistent with the provisions of the Change Management Process
(CMP) set forth in Section 12.2.6.
12.1.2 Through its electronic gateways and manual processes, CenturyLink shall
provide CLEC non-discriminatory access to CenturyLink's OSS for Pre-ordering, Ordering and
Provisioning, Maintenance and Repair, and 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 Provisioning
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.
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12.2.0.1 Ordering and Provisioning
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 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 When CenturyLink provides installation on behalf of CLEC,
CenturyLink will advise End User Customer to notify CLEC immediately
if the End User Customer requests a service change at the time of installation.
12.2.1 Ordering Process
12.2.1.1 Local Service Requests (LSR)
12.2.1.1.1 CenturyLink shall provide electronic interface gateways for
submission of LSRs, including both an application-to-application interface and a
Graphical User Interface (GUI).
12.2.1.1.2 The interface guidelines for the application-to-application interface
are based upon the Order & 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 Interconnect Mediated
Access (IMA) disclosure documents.
12.2.1.1.3 The GUI shall provide a single interface for Pre-order and Order
transactions from CLEC to CenturyLink and is browser based. The GUI interface
shall be based on the LSOG and utilizes a WEB standard technology, Hyper Text
Markup Language (HTML), JAVA and the Transmission Control Protocol/Internet
Protocol (TCP/IP) to transmit messages.
12.2.1.1.4 Functions Pre-ordering - CenturyLink 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:
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12.2.1.1.4.1 Features, services and Primary Interexchange Carrier
(PIC) options for IntraLATA toll and InterLATA toll available at a valid
service address;
12.2.1.1.4.2 Access to Customer Service Records (CSRs) for
CenturyLink retail 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 Information regarding whether dispatch is required for
service installation and available installation appointments;
12.2.1.1.4.6 Service address verification;
12.2.1.1.4.7 Facility availability, Loop qualification and Loop make-up
information, including, but not limited to, Loop length, presence of Bridged
Taps, repeaters, and loading coils;
12.2.1.1.4.8 A list of valid available CFAs for Unbundled Loops;
12.2.1.1.4.9 A list of one to five (1-5) individual Meet Points or a range
of Meet Points for shared Loops;
12.2.1.1.4.10 Design Layout Record (DLR) Query which provides the
layout for the local portion of a circuit at a particular location where
applicable;
12.2.1.1.4.11 NC/NCI combinations supported by IMA flow-through can
be addressed;
12.2.1.1.4.12 Raw Loop Data can be validated in IMA and retrieved by
segments and sub-segments; and
12.2.1.1.4.13 Loop Qualification for ISDN and CenturyLink DSL services
can be performed using IMA Loop Qualification Tool.
12.2.1.1.5 When CLEC places an electronic order, CenturyLink 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.
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12.2.1.1.6 When CLEC places an electronic order, CenturyLink will provide
notification electronically of any instances when 1) CenturyLink tted 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 ted Due Date is in
jeopardy of not being met by CenturyLink on any service, or 2) an order is
rejected. The standards for returning such notices are set forth in Section 20.
12.2.1.1.8 Dial-Up Capabilities
12.2.1.1.8.1 Intentionally Left Blank.
12.2.1.1.8.2 Intentionally Left Blank.
12.2.1.1.8.3 When CLEC requests from CenturyLink more than fifty
(50) SecurIDs for use by CLEC Customer service representatives at a
single CLEC location, CLEC shall use a T1 line instead of dial-up access
at that location. If CLEC is obtaining the line from CenturyLink, then
CLEC shall be able to use SecurIDs 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 CL 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 t rdering 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-NCI validation;
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12.2.1.2.2.4 BAN validation; and
12.2.1.2.2.5 CLLI validation.
12.2.1.2.3 When CLEC places an electronic or manual order,
CenturyLink will provide notification of any instances when 1) CenturyLink
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 Customer's
trouble history at a specific location, conducting testing of an End User Customer's
service where applicable, and reporting trouble to facilitate the exchange of updated
information and progress reports between CenturyLink and CLEC while the Trouble
Report (TR) is open and a CenturyLink technician is working on the resolution. CLEC
may also report trouble through manual processes. For designed services, the TR will
not be closed prior to verification by CLEC that trouble is cleared.
12.2.3 Interface Availability
12.2.3.1 CenturyLink shall make its OSS interfaces available to CLEC during the
hours listed in the Gateway Availability PIDs in Section 20.
12.2.3.2 CenturyLink shall notify CLEC in a timely manner regarding system
downtime through mass email distribution and pop-up windows as applicable.
12.2.4 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 Information
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 Industry 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.
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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. The files and reports delivered to CLEC come in the following categories:
Usage Record File Line Usage Information
Loss and Completion Order Information
Category 11 Facility Based Line Usage Information
SAG/FAM Street Address/Facility Availability Information
12.2.5.1 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. Individual sub-accounts are
provided as Billing detail and contain monthly, one-time charges and
incremental/call 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. It is provided in ATIS
standard Electronic Message Interface (EMI) 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. Individual state identification information is contained
with the message detail. CenturyLink will provide this data to CLEC with the
same level of precision and accuracy it provides itself. This file 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 IntraLATA Collect, Calling Card, and Third
Number Billed Messages - CenturyLink will distribute in-region IntraLATA collect,
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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
of accounts that have had lines and/or services disconnected. This may indicate
that the End User Customer has changed CLECs or removed services from an
existing account. This report also details the order number, service name and
address, and date this change was made. Individual reports will be provided for
Digital Unbundled Loop, and Interim Number Portability products.
12.2.5.2.5 Completion Report provides CLEC with a daily report. This
report is used to advise CLEC that the order(s) for the service(s) requested is
complete. It details the order number, service name and address and date this
change was completed. Individual reports will be provided for Digital Unbundled
Loop products.
12.2.5.2.6 Category 11 Records are Exchange Message Records (EMR)
which provide mechanized record formats that can be used to exchange access
usage information between CenturyLink and CLEC. Category 1101 series
records are used to exchange detailed access usage information.
12.2.5.2.7 Intentionally Left Blank.
12.2.5.2.8 SAG/FAM Files. The SAG (Street Address Guide)/FAM (Features
Availability Matrix) files contain the following information:
a) SAG provides Address and Serving Central Office Information.
b) FAM provides USOCs and descriptions by state (POTS services
only), and USOC availability by NPA-NXX with the exception of Centrex.
InterLATA/IntraLATA Carriers by NPA-NXX.
These files are made available via a download process. They can be retrieved
by FTP (File Transfer Protocol), NDM connectivity, or a Web browser.
12.2.6 Change Management. CenturyLink agrees to maintain a change management
process, known as (CMP), that is consistent with or exceeds industry guidelines, standards and
practices to address CenturyLink's OSS, products and processes. The CMP shall include, but
not be limited to, utilization of the following: (i) a forum for CLEC and CenturyLink to discuss
CLEC and 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
Interface testing; (ix) information that is clearly organized and readily accessible to CLECs,
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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
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 In the course of establishing operational ready system interfaces between
CenturyLink and CLEC to support local service delivery, CLEC and CenturyLink may
need to define and implement system interface specifications that are supplemental to
existing standards. CLEC and CenturyLink will submit such specifications to the
appropriate standards committee and will work towards their acceptance as standards.
12.2.6.2 Release updates will be implemented pursuant to the CMP.
12.2.7 CLEC Responsibilities for Implementation of OSS Interfaces
12.2.7.1 Before CLEC implementation can begin, CLEC must completely and
accurately answer the New Customer Questionnaire as required in Section 3.2.
12.2.7.2 Once CenturyLink receives a complete and accurate New Customer
Questionnaire, CenturyLink and CLEC 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 Interfaces
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 Implementation Coordinator to work with
CLEC for business scenario re-certification, migration and data conversion strategy
definition.
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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.
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 Interfaces
12.2.9.1 If 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
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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
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 If CLEC is using the application-to-application interface,
CenturyLink shall provide CLEC with a pre-allotted amount of time to complete
certification of its business scenarios. CenturyLink 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. It is the sole responsibility of CLEC to
schedule an appointment with CenturyLink for certification of its business
scenarios. CLEC must make every effort to comply with the agreed upon dates
and times scheduled for the certification of its business scenarios. If the
certification of business scenarios is delayed due to CLEC, it is the sole
responsibility of CLEC to schedule new appointments for certification of its
business scenarios. CenturyLink will make reasonable efforts to accommodate
CLEC schedule. Conflicts in the schedule could result in certification being
delayed. If a delay is due to CenturyLink, CenturyLink will honor CLEC's
schedule through the use of alternative hours.
12.2.9.4 If CLEC is using the application-to-application interface, CLEC must work
with CenturyLink to certify the business scenarios that CLEC 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. If CLEC is certifying multiple products
or services, CLEC has the option of certifying those products or services serially or in
parallel where Technically Feasible.
12.2.9.4.1 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,
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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-
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. If CLEC is certifying multiple
products or services, CLEC has the option of certifying those products or services
serially or in parallel, where Technically Feasible.
12.2.9.6 CLEC will contact the CenturyLink Implementation Coordinator to initiate
the migration process. CLEC may not need to certify to every new IMA application-to-
application release, however, CLEC must complete the re-certification and migration to
the new release within six (6) months of the deployment of the new release. CLEC will
use reasonable efforts to provide sufficient support and personnel to ensure that issues
that arise in migrating to the new release are handled in a timely manner.
12.2.9.6.1 The following rules apply to initial development and certification
of IMA application-to-application interface versions and migration to subsequent
application-to-application interface versions:
12.2.9.6.1.1 SATE regression or SATE progression
interoperability testing must begin on the prior release before the next
release is implemented. Otherwise, CLEC 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
the successful test cases to CenturyLink.
12.2.9.8 In addition to the testing set forth in other sections of Section 12.2.9, upon
request by CLEC, CenturyLink shall enter into negotiations for comprehensive
production test procedures. In the event that agreement is not reached, CLEC shall be
entitled to employ, at its choice, the Dispute Resolution procedures of this Agreement or
expedited resolution through request to the state Commission to resolve any differences.
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In such cases, CLEC shall be entitled to testing that is reasonably necessary to
accommodate identified business plans or operations needs, accounting for any other
testing relevant to those plans or needs. As part of the resolution of such dispute, there
shall be considered the issue of assigning responsibility for the costs of such testing.
Absent a finding that the test scope and activities address issues of common interest to
the CLEC community, the costs shall be assigned to CLEC requesting the test
procedures.
12.2.10 CLEC Support
12.2.10.1 CenturyLink shall provide documentation and assistance for CLEC to
understand how to implement and use all of the available OSS functions. CenturyLink
shall provide to CLEC in writing any internal business rules and other formatting
information necessary to ensure that CLEC's requests and orders are processed
efficiently. This assistance 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, SecurID 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: 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 Interconnect 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.
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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
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.
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 Affiliates, or any other party and shall be handled in a nondiscriminatory
manner.
12.3.2 Branding
12.3.2.1 CenturyLink shall use unbranded Maintenance and Repair forms while
interfacing with CLEC End User Customers. Upon request, CenturyLink shall use CLEC
provided and branded Maintenance and Repair forms. CenturyLink may not
unreasonably interfere with branding by CLEC.
12.3.2.2 Except as specifically permitted by CLEC, in no event shall CenturyLink
provide information to CLEC subscribers about CLEC or CLEC product or services.
12.3.2.3 This section shall confer on CenturyLink no rights to the service marks,
trademarks and trade names owned by or used in connection with services offered by
CLEC or its Affiliates, except as expressly permitted by CLEC.
12.3.3 Service Interruptions
12.3.3.1 The characteristics and methods of operation of any circuits, facilities or
equipment of either Party connected with the services, facilities or equipment of the
other Party pursuant to this Agreement shall not: 1) interfere with or impair service over
any facilities of the other Party, its affiliated companies, or its connecting and concurring
Carriers involved in its services; 2) cause damage to the plant of the other Party, its
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affiliated companies, or its connecting concurring Carriers involved in its services; 3)
violate 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 referred to as
an "Impairment of Service.
12.3.3.2 If it is confirmed that either Party is causing an Impairment of Service, as
set forth in this Section, the Party whose network or service is being impaired (the
"Impaired Party") shall promptly notify the Party causing the Impairment of Service (the
"Impairing Party") of the nature and location of the problem. The Impaired Party shall
advise the Impairing Party that, unless promptly rectified, a temporary discontinuance of
the use of any circuit, facility or equipment may be required. The Impairing Party and
the Impaired Party agree to work together to attempt to promptly resolve the Impairment
of Service. If the Impairing Party is unable to promptly remedy the Impairment of
Service, the Impaired Party may temporarily discontinue use of the affected circuit,
facility or equipment.
12.3.3.3 To facilitate trouble reporting and to coordinate the repair of the service
provided by each Party to the other under this Agreement, each 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. If necessary, alternative out-of-hours procedures shall be established to
ensure access to a location that is staffed and has the authority to initiate corrective
action.
12.3.3.5 Before either Party reports a trouble condition, it shall use its best efforts
to isolate the trouble to the other's facilities.
12.3.3.5.1 In cases where a trouble condition affects a significant portion of
the other's service, the Parties shall assign the same priority provided to CLEC
as itself, its End User Customers, its Affiliates, or any other party.
12.3.3.5.2 The Parties shall cooperate in isolating trouble conditions.
12.3.4 Trouble Isolation
12.3.4.1 CLEC is responsible for its own End User Customer base and 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, NID, or Point of Interface. 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.
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12.3.4.2 When CLEC requests that CenturyLink perform trouble isolation with
CLEC, a Maintenance of Service Miscellaneous Charge or a Trouble Isolation charge
applies if the trouble is found to be on CLEC's side or on the End User Customer's side
of the Demarcation Point. If the trouble is on the End User Customer's side of the
Demarcation Point, CLEC is required to perform its own maintenance.
12.3.4.3 Before submitting a repair request to CenturyLink, CLEC will isolate
trouble to the CenturyLink network and must submit test results indicating the location of
the trouble when submitting the repair request. If a trouble ticket with test results is
accepted by CenturyLink, and CenturyLink determines that the trouble is on the CLEC or
the End User Customer's side of the Loop Demarcation Point, a Maintenance of Service
Miscellaneous Charge or a Trouble Isolation Charge applies. When CLEC elects not to
perform trouble isolation and CenturyLink performs tests at CLEC request, a
Maintenance of Service Miscellaneous Charge or a Trouble Isolation charge applies if
the trouble is not in CenturyLink's facilities, including CenturyLink's facilities leased by
CLEC. When trouble is found on CenturyLink's side of the Demarcation Point, or Point
of Interface, during the investigation of the initial or repeat trouble report for the same
line or circuit within thirty (30) Days, Maintenance of Service Miscellaneous Charges or
Trouble Isolation Charges shall not apply.
12.3.5 Intentionally Left Blank
12.3.6 Testing/Test Requests/Coordinated Testing/UNEs
12.3.6.1 Where CLEC does not have the ability to diagnose and isolate trouble on
a CenturyLink line, circuit, or service provided in this Agreement that CLEC is utilizing to
serve 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 Office Demarcation Point, and services it provides to CLEC prior to closing a
trouble report.
12.3.7 Work Center Interfaces
12.3.7.1 CenturyLink and CLEC shall work cooperatively to develop positive, close
working relationships among corresponding work centers involved in the trouble
resolution processes.
12.3.8 Misdirected Repair Calls
12.3.8.1 CLEC and CenturyLink 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 referred to the proper provider of Basic Exchange
Telecommunications Service; however, nothing in this Agreement shall be
deemed to prohibit CenturyLink or CLEC from discussing its products and
services with CLEC's or CenturyLink's End User Customers who call the other
Party seeking such information.
12.3.8.1.4 CLEC and CenturyLink will provide their respective repair
contact numbers to one another on a reciprocal basis.
12.3.8.1.5 In responding to repair calls, CLEC's End User Customers
contacting CenturyLink in error 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 call the other Party seeking
such information.
12.3.9 Major Outages/Restoral/Notification
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 Information 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 and/or
CLEC End User Customers. CenturyLink shall provide the maximum advance notice of
such non-scheduled maintenance and testing activity possible, under the circumstances;
provided, however, that CenturyLink shall provide emergency maintenance as promptly
as possible to maintain or restore service and shall advise CLEC promptly of any such
actions it takes.
12.3.11 Hours of Coverage
12.3.11.1 CenturyLink's repair operation is seven (7) Days a week, twenty-four (24)
hours a day. Not all functions or locations are covered with scheduled employees on a
7X24 basis. Where such 7X24 coverage is not available, CenturyLink's repair
operations center (always available 7X24) can call-out technicians or other personnel
required for the identified situation.
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 Affiliates,
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. It 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. It is not always
necessary to dispatch to resolve trouble; should CLEC require a dispatch when
CenturyLink believes the dispatch is not necessary, appropriate Miscellaneous Charges
for dispatch 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 Intervals/Parity
12.3.15.1 Similar trouble conditions, whether reported on behalf of CenturyLink End
User Customers or on behalf of CLEC End User Customers, will receive commitment
intervals in substantially the same time and manner as CenturyLink provides for itself, its
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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 Interface 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
12.3.20.1 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 Information
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 B8ZS).
12.3.24.5 Frame Embargo Period. During frame conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities connected to the
affected frame. For conversion of trunks where CLEC mirrors their existing circuit
design from the old frame to the new frame on a like-for-like basis, such embargo period
shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after
the Conversion Date. If CLEC requests the addition of trunk capacity or modification of
circuit characteristics (i.e., change of AMI to B8ZS) to the new frame, new facility ASRs
shall be placed, and the embargo period shall extend from sixty (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
embargo period, CenturyLink shall identify the particular dates and locations for frame
conversion embargo periods in 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 thirty (30) Days prior to the Conversion Date until five
(5) Days after the Conversion Date. If CLEC requests the addition of trunk capacity or
modification of circuit characteristics to the new Switch, new facility ASRs shall be
placed, and the embargo period shall extend from sixty (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
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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 potential for loss of End User Customer service due to manual
operational processes caused by the Switch or frame conversion. LSRs of any
kind issued during the Switch or frame conversion quiet periods will be handled
as set forth below, with the understanding that CenturyLink shall use its best
efforts to avoid the loss of End User Customer service. Such best efforts shall be
substantially the same time and manner as CenturyLink uses for itself, its End
User Customers, its 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 12:00 noon Mountain Time the
Day prior to the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change. Such changes shall
be handled as emergency orders by CenturyLink.
12.3.24.7.7 CLEC may request a Due Date change to a LNP related
disconnect order scheduled during quiet periods after 12:00 noon Mountain Time
the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the
Day after the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change and contacting the
Interconnect Service Center. Such changes shall be handled as emergency
orders by CenturyLink.
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12.3.24.7.8 In 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. If
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 13.0 - 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 Industry Numbering Committee (INC) as INC 95-0407-
008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration
Guidelines INC 99-0127-023, when these Guidelines are implemented by the FCC or
Commission Order. The latest version of the Guidelines will be considered the current
standard.
13.2 North American Numbering Plan Administration (NANPA) has transitioned to
NeuStar. Both Parties agree to comply with industry guidelines and Commission rules,
including those sections requiring the accurate reporting of data to the NANPA.
13.3 It shall be the responsibility of each Party to program and update its own
Switches and network systems pursuant to the Local Exchange Routing Guide (LERG) to
recognize and route 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 now iconectiv 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.

Section 14
Local Dialing Parity
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Section 14.0 - LOCAL DIALING PARITY
14.1 The Parties shall provide local Dialing Parity to each other as required under
Section 251(b)(3) of the Act. CenturyLink 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.g., 0, 0+, 1+, 411).

Section 15
Qwest's Official Directory Publisher
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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.

Section 16
Referral Announcement
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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 17.0 - BONA FIDE REQUEST PROCESS
17.1 Any request for Interconnection or access to an Unbundled Network Element or
ancillary service that is not already available as described in other sections of this Agreement,
including but not limited to Exhibit F or any other interconnection agreement, Tariff or otherwise
defined by CenturyLink as a product or service shall be treated as a Bona Fide Request (BFR).
CenturyLink shall use the BFR Process to determine the terms and timetable for providing the
requested Interconnection, access to UNEs or ancillary services, and the technical feasibility of
new/different points of Interconnection. CenturyLink 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 (1/2) of the processing fee if the BFR is cancelled within ten (10) business days
of the receipt of the BFR form. The form will request, and CLEC 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 Interconnection or ancillary services;
17.2.2 the desired interface specification;
17.2.3 each requested type of Interconnection or access;
17.2.4 a statement that the Interconnection 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. If requested, either orally or
in writing, CenturyLink will provide weekly updates on the status of the BFR.
17.4 Within twenty-one (21) Days of its receipt of the BFR and all information
necessary to process it, CenturyLink shall provide to CLEC an analysis of the BFR. The
analysis shall specify CenturyLink's conclusions as to whether or not the requested
Interconnection or access to an Unbundled Network Element complies with the unbundling
requirements of the Act or state law.
17.5 If CenturyLink determines during the twenty-one (21) Day period that a BFR does
not qualify as an Unbundled Network Element or Interconnection or 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 If 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 Interconnection,
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 Interconnection, 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 If 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 If either Party believes that the other Party is not requesting, negotiating or
processing any BFR in good faith, or disputes a determination or quoted price or cost, it may
invoke the Dispute Resolution provision of this Agreement.
17.11 All time intervals within which a response is required from one Party to another
under this section are maximum time intervals. Each Party agrees that it 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 In the event CLEC has submitted a request for Interconnection, 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 Interconnection,
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 Interconnection, 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 complete
a New Product Questionnaire before ordering such Interconnection, 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 Interconnection, 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 Information, if requested by CenturyLink under the non-disclosure
sections of this Agreement.
17.15 CenturyLink will provide notice to CLECs of all BFRs which have been deployed
or denied, provided, however, that identifying information such as the name of the requesting
CLEC and the location of the request shall be removed. CenturyLink shall make available a
topical list of the BFRs that it has received from CLECs. The description of each item on that
list shall be sufficient to allow CLEC to understand the general nature of the product, service, or
combination thereof that has been requested and a summary of the disposition of the request as
soon as it is made. CenturyLink shall also be required upon the request of CLEC to provide
sufficient details about the terms and conditions of any granted requests to allow CLEC to take
the same offering under substantially identical circumstances. CenturyLink shall not be required
to provide information about the request initially made by CLEC whose BFR was granted, but
must make available the same kinds of information about what it offered in response to the BFR
as it does for other products or services available under this Agreement. CLEC shall be entitled
to the same offering terms and conditions made under any granted BFR, provided that
CenturyLink may require the use of ICB pricing where it makes a demonstration to CLEC of the
need therefore.

Section 18
Audit Process
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Section 18.0 - AUDIT PROCESS
18.1 Nothing in this Section 18 shall limit or expand the Audit provisions in the
Performance Assurance Plan (PAP). Nothing in the PAP shall limit or expand the Audit
provisions in this Section 18. For purposes of this section the following definitions shall apply:
18.1.1 "Audit" shall mean the comprehensive review of the books, records, and
other documents used in providing services under this Agreement. The term "Audit"
also applies to the investigation of company records, back office systems and databases
pertaining to Loop information.
18.1.2 "Examination" shall mean an inquiry into a specific element or process
related to the above. Commencing on the Effective Date of this Agreement, either Party
may perform Examinations as either Party deems necessary.
18.2 This Audit shall take place under the following conditions:
18.2.1 Either Party may request to perform an Audit or Examination.
18.2.2 The Audit or Examination shall occur upon thirty (30) business days
written notice by the requesting Party to the non-requesting Party.
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 (2%) of the
amounts payable for the affected services during the period covered by the Audit.
18.2.5 The requesting Party may review the non-requesting Party's records,
books and documents, as may reasonably contain information relevant to the operation
of this Agreement.
18.2.6 The location of the Audit or Examination shall be the location where the
requested records, books and documents are retained in the normal course of business.
18.2.7 All transactions under this Agreement which are over twenty-four (24)
months prior to the date of request 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. If 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-to 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 In the event that the non-requesting Party requests that the Audit be
performed by an independent auditor, the Parties shall mutually agree to the selection of
the independent auditor. Under this circumstance, the costs of the independent auditor
shall be shared equally by the Parties. The portion of this expense borne by the
requesting Party shall be borne by the non-requesting Party if the terms of Section
18.2.8.2 are satisfied.
18.2.11 Adjustments, credits or payments 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. In 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 Information as defined by
this Agreement in Section 5.16. The non-requesting Party reserves the right to require any non-
Section 18
Audit Process
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289
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 Affiliate 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. Information provided in an Audit or Examination may only be
reviewed by individuals with a need to know such information for purposes of this Section 18
and who are bound by the nondisclosure obligations set forth in Section 5.16. In no case shall
the Confidential Information be shared with the Parties' retail marketing, sales or strategic
planning.
18.3.1 Either Party may request an Audit of the other's compliance with this
Agreement's measures and requirements applicable to limitations on the distribution,
maintenance, and use of proprietary or other protected information that the requesting
Party has provided to the other. Those Audits shall not take place more frequently than
once in every three (3) years, unless cause is shown to support a specifically requested
Audit that would otherwise violate this frequency restriction. Examinations 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.

Section 19
Construction Charges
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290
Section 19.0 - CONSTRUCTION CHARGES
19.1 All rates, charges and initial service periods specified in this Agreement
contemplate the provision of network Interconnection services and access to Unbundled Loops
or ancillary services to the extent existing facilities are available. Except for modifications to
existing facilities necessary to accommodate Interconnection and access to Unbundled Loops
or ancillary services specifically provided for in this Agreement, CenturyLink 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. If 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 In the event a construction charge is applicable, CLEC's service Application Date
will become the date upon which CenturyLink receives the required payment.

Section 20
Service Performance
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Section 20.0 INTENTIONALLY LEFT BLANK.

Section 21
Network Standards
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292
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 now iconectiv 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
Cen deployment of developing technologies. CenturyLink provides all of its Technical
Publications at no charge via CenturyL wholesale web site.
Section 22
Signature Page
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293
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 Interconnection Agreement.

Earthgrid PBC Qwest Corporation dba CenturyLink QC
dba Earthgrid PBC Corporation

Signature Signature

Troy Helming Kimberly J. Povirk
Name Printed/Typed Name Printed/Typed

President and CEO Sr. Dir. Bus. Ops Wholesale Sales
Title Title

Date Date

Exhibit A - 07-01-2023
Idaho
Recurring Recurring
Per Mile
Non-
Recurring
RE
C
RE
C

p
e
r

Mi
l
e
NR
C
7.0
7.1
7.1.1
7.1.2 $103.61 $208.34 B B
7.1.3 $524.42 $277.73 B B
7.2
7.2.1 $0.00 $0.00 B B
7.2.2 $0.00 $0.00 B B
7.3
7.3.1
7.3.2
7.3.2.1 $37.35 $1.25 B B
7.3.2.2 $37.35 $1.82 B B
7.3.2.3 $37.35 $1.89 B B
7.3.2.4 $37.35 $1.90 B B
7.3.3
7.3.3.1 $257.18 $19.48 B B
7.3.3.2 $260.49 $24.24 B B
7.3.3.3 $260.77 $26.43 B B
7.3.3.4 $259.32 $26.35 B B
7.4
7.4.1 $263.86 $193.30 B B
7.4.2 $304.22 $193.30 B B
7.5
7.5.1
7.5.2
7.5.2.1 $229.40 B
7.5.2.2 $5.46 B
7.5.3
7.5.3.1 $235.71 B
7.5.3.2 $11.78 B
7.6
7.6.1
7.6.2
7.6.3
7.6.4
7.6.5
7.6.6
7.6.7
7.6.8
7.7
7.7.1
7.8
7.8.1 CenturyLink
QC Access
Service Tariff
7.8.2 CenturyLink
QC Access
Service Tariff
7.8.3 CenturyLink
QC Access
Service Tariff
7.9
7.9.1 $0.0045 2, 13
7.9.2
7.9.3
7.9.4
7.9.4.1 $0.0025 2, 13
7.10
7.10.1 $0.0014877 B
7.11 CenturyLink
QC Access
Service Tariff
CenturyLink
QC Access
Service Tariff
EAS / Local Traffic
Reciprocal Compensation
New Bill and Keep Notes
Exhibit A - 7/1/2023 Idaho
Interconnection
Select the appropriate type of
contract below. For cost docket
changes, leave blank:
DS3
Entrance Facilities
Intentionally Left Blank
DS1
LIS EICT
Per DS1
Per DS3
Direct Trunked Transport
Intentionally Left Blank
DS1 (Recurring Fixed & per Mile)
Over 0 to 8 Miles
Over 8 to 25 Miles
Over 25 to 50 Miles
Over 50 Miles
DS3 (Recurring Fixed & per Mile)
Over 0 to 8 Miles
Over 8 to 25 Miles
Over 25 to 50 Miles
Over 50 Miles
Multiplexing
DS1 to DS0
DS3 to DS1
Trunk Nonrecurring Charges
Intentionally Left Blank
DS1 Interface
First Trunk
Each Additional Trunk
DS3 Interface
First Trunk
Each Additional Trunk
Exchange Service (EAS/Local) Traffic
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Bill and Keep
Local Traffic - FCC - ISP Rate Caps
Intentionally Left Blank
Miscellaneous Charges
Expedite Charge (LIS Trunks)
Cancellation Charge (LIS Trunks)
Additional Testing (LIS Trunks)
Transit Traffic
Local & IntraLATA Toll Transit, per Minute of Use(excludes traffic terminating to a CenturyLink
affiliate operating as an Incumbent Local Exchange Carrier)
Intentionally Left Blank
Intentionally Left Blank
Category 11 Mechanized Record Charge, per Record
Mechanized Transit Records
Jointly Provided Switched Access Services
Mechanized Access Records
IntraLATA Toll Traffic
Page 1 of 10
Exhibit A - 07-01-2023
Idaho
7.12
7.12.1 Appropriate
CenturyLink
Access Tariff
7.12.2
7.12.3 5%5%3 3
8.0
8.1
8.1.1
8.1.1.1
8.1.1.2 $1,284.30 B
8.1.2
8.1.2.1 $5.44 $616.32 B B
8.1.2.2 $5.56 $722.65 B B
8.1.2.3 $88.19 $9,009.73 B B
8.1.3
8.1.3.1 $399.93 B
8.1.3.2 $37.15 B
8.1.4
8.1.4.1
8.1.4.1.1 $10.64 B
8.1.4.1.2 $8.42 B
8.1.4.2
8.1.4.2.1 $2.47 B
8.1.4.2.2 $4.93 B
8.1.5
8.1.5.1
8.1.5.1.1 $16.09 B
8.1.5.1.2 $27.89 B
8.1.5.1.3 $48.25 B
8.1.5.1.4 $32.19 B
8.1.5.1.5 $55.68 B
8.1.5.1.6 $111.35 B
8.1.5.2
8.1.5.2.1 $0.0084 $7.43 B B
8.1.5.2.2 $0.0105 $9.22 B B
8.1.5.2.3 $0.0091 $8.02 B B
8.1.5.2.4 $0.0125 $11.01 B B
8.1.5.2.5 $0.0107 $9.43 B B
8.1.5.2.6 $0.0147 $12.97 B B
8.1.5.2.7 $0.0127 $11.18 B B
8.1.5.2.8 $0.0177 $15.61 B B
8.1.5.2.9 $0.0144 $12.64 B B
8.1.5.2.10 $0.0204 $17.97 B B
8.1.5.2.11 $0.0178 $15.66 B B
8.1.5.2.12 $0.0277 $24.44 B B
8.1.6
8.1.6.1 $28.25 B
8.1.6.2 $37.88 B
8.1.7
8.1.7.1 $0.00 $0.00 6 6
8.1.7.2 $0.00 $0.00 6 6
8.1.8
8.1.8.1
8.1.8.1.1
8.1.8.1.1.1 $0.2262 $208.61 B B
8.1.8.1.1.2 $0.0090 $4.12 B B
8.1.8.1.1.3 $0.3304 $304.71 B B
8.1.8.1.1.4 $0.0066 $4.50 B B
8.1.8.1.1.5 $0.5730 $528.42 B B
8.1.8.1.1.6 $0.0115 $8.62 B B
8.1.8.1.1.7 $0.2381 $219.55 B B
8.1.8.1.1.8 $0.0048 $3.69 B B
8.1.8.1.2
8.1.8.1.2.1 $0.4111 $362.14 B B
8.1.8.1.2.2 $0.0442 $38.94 B B
8.1.8.1.2.3 $0.3993 $351.74 B B
8.1.8.1.2.4 $0.0429 $37.82 B B
8.1.8.1.2.5 $0.2742 $241.59 B B
8.1.8.1.2.6 $0.0330 $29.04 B B
8.1.8.1.2.7 $0.0847 $74.58 B B
8.1.8.1.2.8 $0.0091 $8.02 B B
8.1.8.1.3
8.1.8.1.3.1 $0.1521 $134.00 B B
8.1.8.1.3.2 $0.2578 $227.14 B B
8.1.8.1.3.3 $0.2625 $231.21 B B
8.1.8.1.3.4 $0.0204 $18.01 B B
8.1.8.1.4
8.1.8.1.4.1 $26.24 $1,513.88 B B
8.1.8.1.4.2 $0.47 $411.65 B B
8.1.8.1.4.3 $26.47 B
8.1.8.1.4.4 $1.63 $1,433.96 B B
Toll VoIP-PSTN Traffic
Toll VoIP-PSTN Traffic
Intentionally Left Blank
Local Interconnection Service VOIP Percent of Facilities (LIS-Facility-PVU)
Collocation
All Collocation
Planning and Engineering
Intentionally Left Blank
Cable Augment Quote Preparation Fee
Entrance Facility
Standard Shared, per Fiber
Cross Connect, per Fiber
Express, per Cable
Cable Splicing
Fiber, per Set-Up
Per Fiber Spliced
Power
Power Plant
Less Than 60 Amps, per Amp Ordered
Equal To or Greater Than 60 Amps, per Amp Ordered
Power Usage
Less Than or Equal To 60 Amps, per Amp Ordered
Greater Than 60 Amps, per Amp Ordered or Used
AC Power Feed
AC Power Feed, per Amp, per Month
120 V
208 V, Single Phase
208 V, Three Phase
240 V, Single Phase
240 V, Three Phase
480 V, Three Phase
AC Power Feed, per Foot, per Month
20 Amp, Single Phase
20 Amp, Three Phase
30 Amp, Single Phase
30 Amp, Three Phase
40 Amp, Single Phase
40 Amp, Three Phase
50 Amp, Single Phase
50 Amp, Three Phase
60 Amp, Single Phase
60 Amp, Three Phase
100 Amp, Single Phase
100 Amp, Three Phase
Inspector Labor, per Half Hour
Regular Hours Rate
After Hours Rate, minimum 3 Hours
Channel Regeneration
DS1
DS3
Collocation Terminations
Shared Access
DS0
Cable Placement, per 100 Pair Block
Cable Placement, per Termination
Cable, per 100 Pair Block
Cable, per Termination
Blocks, per 100 Pair Block
Blocks, per Termination
Block Placement, per 100 Pair Block
Block Placement, per Termination
DS1
Cable Placement, per 28 DS1s
Cable Placement, per Termination
Cable, per 28 DS1s
Cable, per Termination
Panel, per 28 DS1s
Panel, per Termination
Panel Placement, per 28 DS1s
Panel Placement, per Termination
DS3
Cable Placement, per Termination
Cable, per Termination
Panel / Connector, per Termination
Panel / Connector Placement, per Termination
Fiber
Terminations, per 12 Fibers
Additional Connector, if Applicable
Cable Racking, Shared, per 12 Fibers
Cable Racking, Dedicated
Page 2 of 10
Exhibit A - 07-01-2023
Idaho
8.1.9
8.1.9.1 $0.86 B
8.1.9.2 $7.00 B
8.1.10
8.1.10.1 $7.44 B
8.1.11
8.1.12 $313.63 B
8.1.13 Charge will
be 25% of
Nonrecurring
Fee
8.1.14 $1,107.35 B
8.1.15 $2.00 B
8.1.16 $1,610.12 12
8.1.17
8.1.18
8.1.19
8.1.20
8.1.20.1 ICB 3
8.1.20.2 $4.15 $503.72 1 1
8.1.20.3 $1,079.85 B
8.1.20.4
8.1.20.4.1 $3.05 $2,689.07 B B
8.1.20.4.2 $3.24 $2,850.97 B B
8.1.20.4.3 $0.95 $834.92 B B
8.1.20.4.4 $1.84 $1,623.47 B B
8.1.20.4.5 $0.98 $861.91 B B
8.1.20.4.6 $2.18 $1,922.42 B B
8.1.20.5 ICB 3
8.1.21
8.1.21.1
8.1.21.1.1 $29.01 15
8.1.21.1.2 $39.00 15
8.1.21.2
8.1.21.2.1 $32.94 15
8.1.21.2.2 $43.31 15
8.1.21.3
8.1.21.3.1 $31.77 15
8.1.21.3.2 $41.32 15
8.2
8.2.1
8.2.1.1 $3,146.41 B, 7
8.2.2
8.2.2.1 $29.01 B
8.2.2.2 $39.00 B
8.2.3
8.2.3.1 $29.01 B
8.2.4
8.2.4.1 $4.17 B
8.2.4.2 $20.15 $17,749.07 B B
8.2.4.3 $3.24 $2,854.33 B B
8.2.4.4 $0.44 $384.59 B B
8.2.5
8.2.5.1 $32.94 B
8.2.5.2 $43.31 B
8.2.6
8.2.6.1 $31.77 B
8.2.6.2 $41.32 B
8.2.7
8.2.7.1 $2.70 B
8.2.7.2 $4.05 B
8.2.8
8.2.9
8.2.9.1 $4.52 $3,985.41 B B
8.2.9.2 $5.15 $4,537.67 B B
8.2.9.3 $6.22 $5,480.42 B B
8.2.9.4 $11.02 $9,706.03 B B
8.2.9.5 $18.58 $16,370.51 B B
8.2.9.6 $34.59 $30,473.53 B B
8.2.9.7 $54.39 $47,917.87 B B
8.2.9.8 $77.23 $68,037.02 B B
8.3
8.3.1
8.3.1.1 $3,146.41 B, 7
8.3.2
8.3.2.1 ICB 3
8.3.2.2 $23.39 $20,603.40 B B
8.3.2.3
8.3.2.4
8.3.2.5 $3.24 $2,854.33 B B
8.3.2.6 ($3.24)($2,854.33)B B
8.3.2.7
8.3.2.7.1 $4.52 $3,985.41 B B
Security Charges
Per Employee, per Card
Card Access, per Employee, per Central Office
Composite Clock / Central Office Synchronization
Synchronization - Composite Clock, per Port
Intentionally Left Blank
Space Availability Report Charge
Collocation Space Reservation Fee
Collocation Space Option Administration Fee
Collocation Space Option Fee, per Square Foot
Joint Inventory Visit Fee, per Visit
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Splitter Collocation
TIE Cable Reclassification
Splitter Shelf Charge
Engineering
Splitter TIE Cable Connections
Splitter in the Common Area - Data to 410 Block
Splitter in the Common Area - Data Direct to CLEC
Splitter on the IDF - Data to 410 Block
Splitter on the IDF - Data Direct to CLEC
Splitter on the MDF - Data to 410 Block
Splitter on the MDF - Data Direct to CLEC
Splitter Charge
Miscellaneous Charges
Maintenance Labor, per Half Hour (see rates in 8.2.2)
Regular Hours Rate
After Hours Rate
Engineering Labor, per Half Hour (see rates in 8.2.5)
Regular Hours Rate
After Hours Rate
Installation Labor, per Half Hour (see rates in 8.2.6)
Regular Hours Rate
After Hours Rate
Virtual Collocation
Planning and Engineering
Quote Preparation Fee
Maintenance Labor, per Half Hour
Regular Hours Rate
After Hours Rate
Training Labor, per Half Hour
Regular Hours Rate
Bay Space
Equipment Bay, per Shelf
Virtual Space Construction, Initial Bay Provided
Each Additional Bay Space
Virtual Cable Racking, per Shelf
Engineering Labor, per Half Hour
Regular Hours Rate
After Hours Rate
Installation Labor, per Half Hour
Regular Hours Rate
After Hours Rate
Rent
Floor Space Lease, per Square Foot
Rent, per Shelf
Intentionally Left Blank
-48 Volt DC Power Cable, per Cable
20 Amp Power Feed
30 Amp Power Feed
40 Amp Power Feed
60 Amp Power Feed
100 Amp Power Feed
200 Amp Power Feed
300 Amp Power Feed
400 Amp Power Feed
Cageless Physical Collocation
Planning and Engineering
Quote Preparation Fee
Space Construction and Site Preparation
Site Preparation Fee
Space Construction for 2 Bays
Intentionally Left Blank
Intentionally Left Blank
Each Additional Bay
Adjustment to use a Single Bay - Change to Standard Design
-48 Volt DC Power Cable, per Feed
20 Amp Power Feed
Page 3 of 10
Exhibit A - 07-01-2023
Idaho
8.3.2.7.2 $5.15 $4,537.67 B B
8.3.2.7.3 $6.22 $5,480.42 B B
8.3.2.7.4 $11.02 $9,706.03 B B
8.3.2.7.5 $18.58 $16,370.51 B B
8.3.2.7.6 $34.59 $30,473.53 B B
8.3.2.7.7 $54.39 $47,917.87 B B
8.3.2.7.8 $77.23 $68,037.02 B B
8.3.2.8
8.3.2.9
8.3.2.9.1 $2042.23 1
8.3.2.9.2 $269.64 1
8.3.2.9.3 $283.32 1
8.3.3 $2.70 B
8.4
8.4.1
8.4.1.1 $3,185.58 B, 7
8.4.2
8.4.2.1 ICB 3
8.4.2.2
8.4.2.3
8.4.2.4
8.4.2.4.1 $38.51 $33,927.76 B B
8.4.2.4.2 $34.18 $30,113.98 B B
8.4.2.4.3 $42.18 $37,154.11 B B
8.4.2.4.4 $44.18 $38,922.82 B B
8.4.2.5
8.4.2.6
8.4.2.6.1 $5.62 $4,954.85 B B
8.4.2.6.2 $6.20 $5,457.64 B B
8.4.2.6.3 $7.41 $6,526.00 B B
8.4.2.6.4 $12.23 $10,772.79 B B
8.4.2.6.5 $19.90 $17,531.29 B B
8.4.2.6.6 $37.04 $32,634.30 B B
8.4.2.6.7 $58.25 $51,315.56 B B
8.4.2.6.8 $82.71 $72,861.29 B B
8.4.3
8.4.3.1 ($10.07)($5,723.12)B B
8.4.3.2 ($12.70)($7,135.89)B B
8.4.3.3 ($14.47)($8,015.26)B B
8.4.3.4 ($16.15)($8,851.38)B B
8.4.4 $2.70 B
8.4.5
8.4.6
8.4.7
8.4.8
8.4.8.1 $0.0097 $8.52 B B
8.4.8.2 $0.0170 $14.99 B B
8.4.8.3 $0.0200 $17.64 B B
8.4.8.4 $0.0258 $22.77 B B
8.4.8.5 $0.0299 $26.35 B B
8.4.8.6 $0.0456 $40.17 B B
8.5 ICB 3
8.6
8.6.1
8.6.1.1 $0.57 $665.47 B B
8.6.1.2 $0.35 $484.90 B B
8.6.1.3
8.6.1.3.1 $2.47 15
8.6.1.3.2 $4.93 15
8.6.1.4 $1,064.52 B
8.6.2 ICB 3
8.6.3
8.6.3.1 $36.16 B
8.6.3.2 $35.65 B
8.6.3.3 $29.40 B
8.6.3.4 $29.40 B
8.6.3.5 $29.40 B
8.7
8.7.1
8.7.1.1 $1,229.81 B
8.7.1.2 $634.76 B
8.7.2
8.7.2.1 $0.11848 B
8.7.2.2 $0.13075 B
8.7.2.3 $0.10234 B
8.7.2.4 $0.93313 B
8.7.3
8.7.3.1 $194.39 B
8.7.3.2 $91.54 B
8.7.3.3 $5.90 B
8.7.3.4 $37.15 15
30 Amp Power Feed
40 Amp Power Feed
60 Amp Power Feed
100 Amp Power Feed
200 Amp Power Feed
300 Amp Power Feed
400 Amp Power Feed
Intentionally Left Blank
Cageless Bay Fees
Bay, per Bay
2.5 Inch Spacer Fee, per Spacer
5 Inch Spacer Fee, per Spacer
Floor Space Lease, per Square Foot
Caged Physical Collocation
Planning and Engineering
Quote Preparation Fee
Space Construction and Site Preparation
Site Preparation Fee
Intentionally Left Blank
Intentionally Left Blank
Space Construction
Cage: Up to 100 Sq. Ft.
Cage: 101 to 200 Sq. Ft.
Cage: 201 to 300 Sq. Ft.
Cage: 301 to 400 Sq. Ft.
Intentionally Left Blank
-48 Volt DC Power Cable, per Feed
20 Amp Power Feed
30 Amp Power Feed
40 Amp Power Feed
60 Amp Power Feed
100 Amp Power Feed
200 Amp Power Feed
300 Amp Power Feed
400 Amp Power Feed
Space Construction - Fencing Credit
Cage: Up to 100 Sq. Ft.
Cage: 101 to 200 Sq. Ft.
Cage: 201 to 300 Sq. Ft.
Cage: 301 to 400 Sq. Ft.
Floor Space Lease, per Square Foot
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Grounding
2 / 0 AWG, per Foot
1 / 0 AWG, per Foot
4 / 0 AWG, per Foot
350 kcmil, per Foot
500 kcmil, per Foot
750 kcmil, per Foot
Adjacent Collocation
Remote Collocation
Physical & Virtual Remote Collocation
Space, per Standard Mounting Unit
FDI Terminations, per 25 Pair
Power Usage (see rates in 8.1.4.2)
Less Than or Equal To 60 Amps, per Amp Ordered
Greater Than 60 Amps, per Amp Ordered or Used
Quote Preparation Fee
Adjacent Remote Collocation
Additional Virtual Remote Terminal Features
Flat Charge, per Job
Engineering, per Half Hour
Maintenance, per Half Hour
Installation, per Half Hour
Training, per Half Hour
CLEC-to-CLEC
Design Engineering & Installation - No Cables
Fiber Flat Charge
Flat Charge
Cable Racking
DS0, per Foot, per Cable
DS1, per Foot, per Cable
DS3, per Foot, per Cable
Fiber, per Foot, per Fiber
Virtual Connections (if Applicable - Connections Only; No Cables)
DS0, per 100 Connections
DS1, per 28 Connections
DS3, per 1 Connection
Fiber Connections, per Fiber Spliced (see rates from 8.1.3.2)
Page 4 of 10
Exhibit A - 07-01-2023
Idaho
8.7.4 $386.89 B
8.7.5 $201.36 B
8.8 8.8.1 $1,284.30 15
8.8.2 $17.80 $2,171.94 12 12
8.8.3 $0.91 $71.59 12 12
8.8.4 $8.91 $1,182.27 12 12
8.8.5 $2.25 $236.98 12 12
8.9 QPF,
Prorated Job
Costs
8.9.1
8.9.1.1 $27.70 15
8.9.1.2 $36.98 15
8.9.1.3 $46.29 15
8.9.2 $87.98 15
8.10 ICB ICB 3 3
8.11
8.12
8.12.1 ICB 3
8.12.2 ICB 3
8.12.3 ICB ICB 3 3
8.12.4 $5.44 $616.32 15 15
8.12.5 ICB ICB 3 3
8.12.6 ICB ICB 3 3
8.12.7 ICB ICB 3 3
8.13
8.13.1
8.13.1.1 $703.70 B
8.13.1.2
8.13.1.2.1 $494.45 B
8.13.1.2.2 $706.91 B
8.13.1.2.3 $895.31 B
8.13.1.3 $621.09 B
8.13.1.4 $64.59 B
8.13.1.5 ICB 3
8.13.2
8.13.2.1 $703.70 B
8.13.2.2
8.13.2.2.1
8.13.2.2.1.1 $494.45 12
8.13.2.2.1.2 $706.91 12
8.13.2.2.1.3 $895.31 12
8.13.2.2.2 ICB 12
8.13.2.3 ICB 3
8.14
8.14.1
8.14.2 $1,036.00 B
8.14.3 $1,586.00 B
8.14.4 $32.80 12
8.14.5 $32.80 12
8.15
8.15.1
8.15.1.1
8.15.1.1.1 ICB 3
8.15.1.1.2 ICB 3
8.15.1.1.3 ICB 3
8.15.1.1.4 ICB 3
8.15.2
8.15.2.1 $1,051.23 12
8.15.2.2 $1,652.38 12
8.15.2.3 $163.65 12
8.15.3 ICB 3
8.15.4
8.15.4.1 $3,146.41 14
8.15.4.2 $3,185.58 14
8.16 8.16.1
8.16.1.1 $27.70 15
8.16.1.2 $36.98 15
8.16.1.3 $46.29 15
8.16.2 $87.98 15
8.17
8.17.1 $58.02 15
8.17.2 $29.01 15
Cable Hole, if Applicable
CLEC-to-CLEC Cross-Connection
Interconnection Distribution Frame (ICDF) CollocationQuote Preparation Fee (see rate in 8.1.1.2)
DS0 Circuit, per 200 Legs
DS1 Circuit, per Two Legs
DS3 Circuit, per Two Legs
Fiber Circuit, per Two Legs
Collocation Cancellation
Additional Labor Other, per Half Hour or fraction thereof (see rates in 9.20)
Additional Labor - Basic
Additional Labor - Overtime
Additional Labor - Premium
Additional Dispatch, per Request (see rate in 9.20)
Microwave Entrance Facility
Intentionally Left Blank
Facility Connected (FC) Collocation
Quote Preparation Fee, per Request
Engineering Fee, per Job
Copper Entrance Facility, per 100 Pair
Fiber Entrance Facility, per 12 Strands (see rates in 8.1.2.1)
Termination Block with Gas Protectors, per 100 Pairs
Termination Panel, per 12 Strands
DS1 Voltage Isolation, per DS1
DC Power Reduction and Restoration
Power Reduction
Quote Preparation Fee, per Office
Power Reduction, with or without Reservation, per Feed Set
Less Than 60 Amps
Equal To 60 Amps
Greater Than 60 Amps
Power Off, per Feed Set, per Secondary Feed
Power Maintenance Charge (Reservation Charge), per Fuse Set
Location Change from Power Board to BDFB
Power Restoration
Quote Preparation Fee, per Office
Power Restoration, applies to Primary & Secondary Feed
Power Restoration with Reservation
Less Than 60 Amps
Equal To 60 Amps
Greater Than 60 Amps
Power Restoration without Reservation
Location Change from Power Board to BDFB
Collocation Transfer of Responsibility
Intentionally Left Blank
Assessment Fee, per Request
Network System Administration Fee, per Request
Transfer of Responsibility applies to Wireline & Wireless Local Interconnection Trunks, UDIT,
Transfer of Responsibility applies to Unbundled Loop, Subloop, Loop Splitting, Loop Mux Combo,
Collocation Available Inventory
Standard Sites
Removal of Terminations
DS0, per 100 Terminations
DS1, per Termination
DS3, per Termination
OCN, per 12 Fibers
Special Sites
Special Site Assessment Fee
Network Systems Assessment Fee
Site Survey Fee
Re-usable Elements
Quote Preparation Fee (QPF)
Cageless (see rate in 8.3.1.1)
Caged (see rate in 8.4.1.1)
Collocation Decommissioning (see rates in 9.20)Additional Labor other, per Half Hour or fraction thereof
Additional Labor Other - Basic
Additional Labor Other - Overtime
Additional Labor Other - Premium
Additional Dispatch, per Order
Joint Testing
Set-Up Fee (see rate in 8.2.2.1 with a one hour minimum)
Test Time Fee, per Half Hour (see rate in 8.2.2.1)
Page 5 of 10
Exhibit A - 07-01-2023
Idaho
9.0
9.1 9.1.1 $0.38 B
9.1.2 $1.24 B
9.1.3 $14.76 B
9.2
9.2.1
9.2.2 See 9.2.4
9.2.2.1
9.2.2.1.1 $15.65 ##
9.2.2.1.2 $23.76 ##
9.2.2.1.3 $40.50 ##
9.2.2.2
9.2.2.3
9.2.2.3.1 $30.70 ##
9.2.2.3.2 $46.63 ##
9.2.2.3.3 $79.47 ##
9.2.2.4 $9.00 A
9.2.2.5 $22.00 A
9.2.3
9.2.3.1 See 9.2.4
9.2.3.1.1 $15.65 F, ##
9.2.3.1.2 $23.76 F, ##
9.2.3.1.3 $40.50 F, ##
9.2.3.2
9.2.3.3 See 9.2.5
9.2.3.3.1 $86.48 F, ##
9.2.3.3.2 $86.46 F, ##
9.2.3.3.3 $99.96 F, ##
9.2.3.4 See 9.2.6
9.2.3.4.1 $941.95 F, ##
9.2.3.4.2 $955.04 F, ##
9.2.3.4.3 $1,264.56 F, ##
9.2.3.5
9.2.3.6 $22.00 A
9.2.4 See 9.2.1 &
9.2.2
9.2.4.1
9.2.4.1.1 $11.03 A
9.2.4.1.2 $6.07 A
9.2.4.2
9.2.4.2.1 $17.72 A
9.2.4.2.2 $8.99 A
9.2.4.3
9.2.4.3.1 $171.87 #
9.2.4.3.2 $94.09 #
9.2.4.4
9.2.4.4.1 $59.81 #
9.2.4.4.2 $53.32 #
9.2.4.5
9.2.4.5.1 $142.10 #
9.2.4.5.2 $94.09 #
9.2.5 See 9.2.3.3
9.2.5.1
9.2.5.1.1 $128.71 B, F
9.2.5.1.2 $99.73 B, F
9.2.5.2
9.2.5.2.1 $279.37 B, F
9.2.5.2.2 $212.57 B, F
9.2.5.3
9.2.5.3.1 $316.94 B, F
9.2.5.3.2 $222.40 B, F
9.2.5.4
9.2.5.4.1 $135.78 B, F
9.2.5.4.2 $106.79 B, F
9.2.5.5
9.2.5.5.1 $272.24 B, F
9.2.5.5.2 $195.68 B, F
9.2.6 See 9.2.3.4
9.2.6.1
9.2.6.1.1 $128.71 B, F
9.2.6.1.2 $99.73 B, F
9.2.6.2
9.2.6.2.1 $279.37 B, F
9.2.6.2.2 $212.57 B, F
9.2.6.3
9.2.6.3.1 $316.94 B, F
9.2.6.3.2 $222.40 B, F
9.2.6.4
9.2.6.4.1 $135.78 B, F
9.2.6.4.2 $106.79 B, F
9.2.6.5
Unbundled Network Elements (UNEs)
Interconnection Tie Pairs (ITP) - Per TerminationDS0
DS1
DS3
Unbundled Loops
Intentionally Left Blank
Nonloaded Loops
2-Wire Nonloaded Loop
Zone 1
Zone 2
Zone 3
Intentionally Left Blank
4-Wire Nonloaded Loop
Zone 1
Zone 2
Zone 3
Loop Unloading
Loop Conditioning
Digital Capable Loops
Basic Rate ISDN / xDSL-I Capable
Zone 1
Zone 2
Zone 3
Intentionally Left Blank
DS1 Capable Loop
Zone 1
Zone 2
Zone 3
DS3 Capable Loop
Zone 1
Zone 2
Zone 3
Intentionally Left Blank
2-Wire Extension Technology
Loop Installation Charges for Nonloaded, ISDN BRI Capable and xDSL - I Capable Loops where
conditioning is not required.
Basic Installation
First
Each Additional
Basic Installation with Performance Testing
First
Each Additional
Coordinated Installation with Cooperative Testing / Project Coordinated Installation
First
Each Additional
Coordinated Installation without Cooperative Testing / Project Coordinated Installation
First
Each Additional
Basic Installation with Cooperative Testing
First
Each Additional
DS1 Loop Installation Charges
Basic Installation
First
Each Additional
Basic Installation with Performance Testing
First
Each Additional
Coordinated Installation with Cooperative Testing / Project Coordinated Installation
First
Each Additional
Coordinated Installation without Cooperative Testing / Project Coordinated Installation
First
Each Additional
Basic Installation with Cooperative Testing
First
Each Additional
DS3 Loop Installation Charges
Basic Installation
First
Each Additional
Basic Installation with Performance Testing
First
Each Additional
Coordinated Installation with Cooperative Testing / Project Coordinated Installation
First
Each Additional
Coordinated Installation without Cooperative Testing / Project Coordinated Installation
First
Each Additional
Basic Installation with Cooperative Testing
Page 6 of 10
Exhibit A - 07-01-2023
Idaho
9.2.6.5.1 $272.24 B, F
9.2.6.5.2 $195.68 B, F
9.2.7
9.2.8 $34.50 B, F
9.3
9.3.1
9.3.2
9.3.3 $0.70 F,1
9.3.3.1 $51.97 F, 1
9.3.3.2 $21.32 F, 1
9.3.3.3 $98.14 F, 1
9.3.3.4 $31.62 F, 1
9.3.4
9.3.5
9.3.5.1 $110.46 F, 1
9.3.5.2 ICB F, 3
9.3.5.3 ICB F, 3
9.3.6
9.3.7
9.3.7.1 $1,197.07 1
9.3.7.2 $3,291.11 12
9.3.7.3 $13.88 12
9.3.7.4 $463.26 1
9.4
9.5 $0.51 $52.76 A, F,
10
B, F
9.6
9.6.1
9.6.2
9.6.3
9.6.4
9.6.5
9.6.6
9.6.7
9.6.7.1 $13.10 B, F
9.6.8
9.6.9
9.6.10
9.6.11
9.6.11.1 $164.40 B, F
9.6.11.2 $206.79 B, F
9.6.11.3 $221.94 B, F
9.6.11.4 $249.30 B, F
9.6.12 $131.19 F, 12
9.7
9.7.1
9.7.1.1 $196.02 B, F
9.7.1.2 $251.07 B, F
9.7.2 $907.28 B, F
9.7.3 $297.03 B, F
9.7.4
9.7.4.1
9.7.4.1.1 $492.60 B, F
9.7.4.1.2 $255.66 B, F
9.7.4.1.3 $50.87 F, 9
9.7.4.1.4 $4.80 B, F
9.7.4.1.5 $2.39 $19.38 B, F B, F
9.7.5
9.7.5.1
9.7.5.1.1 $492.60 B, F
9.7.5.1.2 $255.66 B, F
9.7.5.1.3 $66.15 B, F
9.7.5.1.4 $7.31 B, F
9.7.5.1.5 $4.43 $19.38 B, F B, F
9.7.6 $602.60 B, F
9.7.7 ICB ICB F, 3 F, 3
9.8
9.9
9.10
9.11
9.12
9.13
9.14
9.15
9.16
9.17
9.18
9.19
First
Each Additional
Intentionally Left Blank
Private Line / Special Access to Unbundled Loop Conversion (as is)
Subloop
Intentionally Left Blank
Intentionally Left Blank
Intra-Building Cable Loop, per Pair
No Dispatch, First
No Dispatch, Each Additional
Dispatch, First
Dispatch, Each Additional
Intentionally Left Blank
MTE Terminal Subloop Access
Subloop MTE - POI Site Inventory, per Request
MTE - POI Rearrangement of Facilities
MTE - POI Construction of New SPOI
Intentionally Left Blank
Field Connection Point (FCP)
Feasibility Fee / Quote Preparation Fee
FCP Set-Up, per Request
FCP Splicing, per 25 Pairs
FCP Reclassification
Intentionally Left Blank
Network Interface Device (NID)
Unbundled Dedicated Interoffice Transport (UDIT)
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
UDIT DS0 Channel Performance
DS0 UDIT Low Side Channelization
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
UDIT Rearrangement
DS0, Single Office
DS0, Dual Office
High Capacity, Single Office
High Capacity, Dual Office
Private Line / Special Access to UDIT Conversion (as is)
Unbundled Dark Fiber (UDF)
Initial Records Inquiry (IRI)
Simple
Complex
Field Verification and Quote Preparation (FVQP)
Engineering Verification
UDF - Single Strand
UDF - Interoffice Facility (UDF-IOF) - Single Strand
Order Charge, per First Strand / Route / Order
Order Charge, Each Additional Strand / Route / Order
Fiber Transport, per Strand / Mile
Termination, Fixed, per Strand / Office / Termination
Fiber Cross-Connect (Minimum of 2 Cross-Connects apply), per
UDF - per Pair
UDF - Interoffice Facility (UDF-IOF) - per Pair
Order Charge, per First Pair / Route / Order
Order Charge, Each Additional Pair / Route / Order
Fiber Transport, per Pair / Mile
Termination, Fixed, per Pair / Office / Termination
Fiber Cross-Connect (Minimum of 2 Cross-Connects apply), per Pair
Dark Fiber Splice
UDF MTE Subloop
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Construction Charges
Page 7 of 10
Exhibit A - 07-01-2023
Idaho
9.19.1
9.19.1.1 $347.46 D, 12
9.19.1.2 $863.43 D, 12
9.19.2 ICB ICB D, 3 D, 3
9.20
9.20.1
9.20.1.1 $31.74 B
9.20.1.2 $39.61 B
9.20.2
9.20.2.1 $9.02 B
9.20.2.2 $18.05 B
9.20.3
9.20.3.1 $27.70 B
9.20.3.2 $36.98 B
9.20.3.3 $46.29 B
9.20.4
9.20.5
9.20.6
9.20.6.1 $29.40 B
9.20.6.2 $39.28 B
9.20.6.3 $49.16 B
9.20.7
9.20.7.1 $29.40 B
9.20.7.2 $39.28 B
9.20.7.3 $49.09 B
9.20.8
9.20.8.1 $29.40 B
9.20.8.2 $39.28 B
9.20.8.3 $49.16 B
9.20.9
9.20.10
9.20.11 $87.98 B
9.20.12
9.20.13 $73.99 B
9.20.14 $400.00 11
9.20.15 ICB 3
9.20.16
9.20.16.1 $28.86 B
9.20.16.2 $36.98 B
9.20.16.3 $46.29 B
9.20.17
9.21
9.21.1 $0.00 $0.00 6 6
9.21.2 $0.00 $0.00 6 6
9.22
9.23
9.23.1
9.23.2
9.23.2.1
9.23.2.2
9.23.2.3
9.23.2.4
9.23.2.4.1
9.23.2.4.1.1 $323.61 F, 1
9.23.2.4.1.2 $248.51 F,1
9.23.2.4.2
9.23.2.4.2.1 $941.95 F, 15
9.23.2.4.2.2 $955.04 F, 15
9.23.2.4.2.3 $1,264.56 F, 15
9.23.2.5 $34.50 B, F
9.23.2.6
9.23.2.6.1 $130.83 F, 12
9.23.2.6.2 $148.50 F, 12
9.23.2.7
9.23.2.7.1
9.23.2.7.1.1 $24.67 $0.29 F, 15 F, 15
9.23.2.7.1.2 $24.69 $0.23 F, 15 F, 15
9.23.2.7.1.3 $24.86 $0.15 F, 15 F, 15
9.23.2.7.1.4 $24.69 $0.05 F, 15 F, 15
9.23.2.7.2
9.23.2.7.2.1 $36.43 $3.20 F, 15 F, 15
9.23.2.7.2.2 $37.26 $3.19 F, 15 F, 15
9.23.2.7.2.3 $39.12 $1.81 F, 15 F, 15
9.23.2.7.2.4 $37.77 $0.78 F, 15 F, 15
9.23.2.7.3
9.23.2.7.3.1 $238.61 $54.07 F, 15 F, 15
9.23.2.7.3.2 $242.03 $16.78 F, 15 F, 15
9.23.2.7.3.3 $223.90 $21.34 F, 15 F, 15
9.23.2.7.3.4 $235.64 $14.83 F, 15 F, 15
CLEC Requested UNE Construction (CRUNEC) - applies to Unbundled Dark Fiber, Unbundled
Loop, Loop Mux Combo, EEL, UDIT & Subloop
Records Quote Preparation Fee
Construction Quote Preparation Fee
Construction of Network Capacity, Facilities or Space for Access to or use of UNEs
Miscellaneous Charges
Additional Engineering, per Half Hour or fraction thereof
Additional Engineering - Basic
Additional Engineering - Overtime
Additional Labor Installation, per Half Hour or fraction thereof
Additional Labor Installation - Overtime
Additional Labor Installation - Premium
Additional Labor Other, per Half Hour or fraction thereof
Additional Labor Other - (Optional Testing) Basic
Additional Labor Other - (Optional Testing) Overtime
Additional Labor Other - (Optional Testing) Premium
Intentionally Left Blank
Intentionally Left Blank
Additional Cooperative Acceptance Testing, per Half Hour or fraction thereof
Additional Cooperative Acceptance Testing - Basic
Additional Cooperative Acceptance Testing - Overtime
Additional Cooperative Acceptance Testing - Premium
Nonscheduled Cooperative Testing, per Half Hour or fraction thereof
Nonscheduled Cooperative Testing - Basic
Nonscheduled Cooperative Testing - Overtime
Nonscheduled Cooperative Testing - Premium
Nonscheduled Manual Testing, per Half Hour or fraction thereof
Nonscheduled Manual Testing - Basic
Nonscheduled Manual Testing - Overtime
Nonscheduled Manual Testing - Premium
Intentionally Left Blank
Intentionally Left Blank
Additional Dispatch, per Order
Intentionally Left Blank
Design Change, per Order
Expedite Charge, per Day Advanced
Cancellation Charge
Maintenance of Service, per Half Hour or fraction thereof
Maintenance of Service - Basic
Maintenance of Service - Overtime
Maintenance of Service - Premium
Intentionally Left Blank
Channel Regeneration
DS1
DS3
Intentionally Left Blank
UNE Combinations
Intentionally Left Blank
Intentionally Left Blank
EEL Loop, DS3
EEL DS3 Loop Installation
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
First
Each Additional
DS3 Capable Loop (see rates in 9.2.3.4)
Zone 1
Zone 2
Zone 3
Private Line / Special Access to EEL Conversion (as is)
EEL Rearrangement
DS0
High Capacity
EEL Transport
DS0 (Recurring Fixed & per Mile) (see rates in 9.6.1)
Over 0 to 8 Miles
Over 8 to 25 Miles
Over 25 to 50 Miles
Over 50 Miles
DS1 (Recurring Fixed & per Mile) (see rates in 9.6.2)
Over 0 to 8 Miles
Over 8 to 25 Miles
Over 25 to 50 Miles
Over 50 Miles
DS3 (Recurring Fixed & per Mile) (see rates in 9.6.3)
Over 0 to 8 Miles
Over 8 to 25 Miles
Over 25 to 50 Miles
Over 50 Miles
Page 8 of 10
Exhibit A - 07-01-2023
Idaho
9.24
9.25
9.25.1
9.25.2
9.25.3
9.25.3.1
9.25.3.1.1 $285.08 F, 1
9.25.3.1.2 Each Additional $209.98 F, 1
9.25.3.2 DS1 Capable
Loop (see
rates in
9.2.3.3)
9.25.3.2.1 $86.48 F. 15
9.25.3.2.2 $86.46 F. 15
9.25.3.2.3 $99.96 F. 15
9.25.4 $34.50 B, F
9.25.5
9.25.5.1
9.25.5.2 $7.47 B, F
9.25.6
9.25.6.1 $130.83 F, 12
9.25.6.2 $148.50 F, 12
10.0
10.1
10.2
10.2.1 See CLOC
Access Tariff
# 11
See CLOC
Access Tariff
# 11
10.2.2
10.2.2.1 $26.57 B
10.2.2.2 $34.38 B
10.2.2.3 $42.21 B
10.3
10.3.1 No Charge No Charge
10.4
10.4.1 No Charge No Charge
10.4.2 General
Exchange
Tariff Rate
General
Exchange
Tariff Rate
10.5
10.5.1 $0.34 2
10.5.2 $0.34 2
10.5.3
10.5.4
10.5.5 $0.04 2
10.6
10.6.1 $0.025 B
10.6.2 $0.020 B
10.6.3 $0.25 B
10.6.4 $73.29 B
10.6.5
10.6.5.1 $0.0020 B
10.7
10.7.1 $0.50 2
10.7.2
10.7.3
10.7.4 $10,500.00 2
10.7.5 $800.00 2
10.8
10.8.1 $341.63 1
10.8.2 $233.51 1
10.8.3 $378.87 1
10.8.4 $122.91 1
10.8.5 $20.48 1
10.8.6 $190.89 1
10.8.7 $16.52 1
10.8.8 $92.18 1
10.8.9 $245.82 1
10.8.10 $106.86 1
10.8.11
10.8.11.1 $2.21 4
10.8.11.2 $2.21 4
10.8.12
10.8.12.1 $0.1861 12
Intentionally Left Blank
Loop Mux Combination (LMC)
Intentionally Left Blank
Intentionally Left Blank
Loop Mux, DS1
Zone 1
Zone 2
Zone 3
First
LMC DS1 Loop Installation
Private Line / Special Access to LMC Conversion (as is)
DS0 Channel Performance
Intentionally Left Blank
DS1 / DS0 Low Side Channelization
LMC Rearrangement
DS0
High Capacity
Ancillary Services
Local Number Portability
LNP Queries
Intentionally Left Blank
LNP Managed Cuts
Standard Managed Cuts, per Person, per Half Hour
Overtime Managed Cuts, per Person, per Half Hour
Premium Managed Cuts, per Person, per Half Hour
911 / E911
911 / E911 - Calling
White Pages Directory Listings, Facility Based Providers
Primary Listing
Premium / Privacy Listings
Directory Assistance, Facility Based Providers
Local Directory Assistance, per Call
National Directory Assistance, per Call
Intentionally Left Blank
Intentionally Left Blank
Call Completion, per Call
Directory Assistance List Information
Initial Database Load, per Listing
Reload of Database, per Listing
Daily Updates, per Listing
One-Time Set-Up Fee
Media Charges for File Delivery
Electronic Transmission
Toll and Assistance Operator Services, Facility Based Providers
Operator Assistance, per Call
Intentionally Left Blank
Intentionally Left Blank
Call Branding, Set-Up & Recording
Loading Brand, per Switch
Access to Poles, Ducts, Conduits and Rights of Way (ROW)
Pole Inquiry Fee, per Inquiry
Innerduct Inquiry Fee, per Inquiry
ROW Inquiry Fee, per Inquiry
ROW Document Preparation Fee
Field Verification Fee, per Pole
Field Verification Fee, per Manhole
Planner Verification, per Manhole
Manhole Verification Inspector, per Manhole
Manhole Make-Ready Inspector, per Manhole
Transfer of Responsibility
Pole Attachment Fee, per Foot, per Year
Urban
Non-Urban
Innerduct
Microduct Occupancy Fee, per Microduct, per Foot, per Year
Page 9 of 10
Exhibit A - 07-01-2023
Idaho
10.8.12.2 $0.3936 4
10.8.13 $10.00 B
10.8.14 ICB 3
11.0
12.0
12.1 $5.00 B
12.2 $1.40 B
12.3 $0.000419 B
12.4 See 9.20
17.0
17.1 $1,851.86 B
*
A
B
C
D
E
F
#
##
###
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
@
Innerduct Occupancy Fee, per Foot, per Year
Access Agreement Consideration
Make Ready
Intentionally Left Blank
Operational Support Systems
Development and Enhancements, per Order
Ongoing Maintenance, per Order
Daily Usage Record File, per Record
Trouble Isolation Charge
Bona Fide Request Process
Processing Fee
NOTES:
Unless otherwise indicated, all rates are pursuant to Idaho Public Utilities Commission Dockets:
AT&T Arbitration Docket USW-T-96-15, Order No 27738, effective September 17, 1998
Cost Docket QWE-T-01-11 Order No. 29408 (January 5, 2004) rates effective January 5, 2004.
FCC Docket No. 01-92 Effective 12-29-11
The Federal Communications Commission (the, FCC or Commission ) released Order FCC 19-66, a Report and Order on Remand and Memorandum Opinion and
Order in WC Docket Nos. 18-141, et al (the UNE Transport Order ), and on August 2, 2019, released Order FCC 19-72, a Memorandum Opinion and Order in WC
Docket 18-141 (the UNE Analog Loop and Resale Forbearance Order ) which altered CenturyLink s obligations to provide certain unbundled network elements. As
a result, any rate with this footnote attached to it only applies to UNEs and Resold services according to the terms of the UNE/Resale Forbearance Amendment of
the Agreement. Any rate with this footnote is no longer applicable in any way after August 2, 2022, again consistent with the terms of the above referenced
amendment.The rates in this table apply solely to services ordered for UNE/Resale on or before February 2, 2020. Any new services for UNE/Resale incorrectly ordered after
February 2, 2020 will not have the discounts or rates applicable in this table, but instead will be subject to the applicable tariff, price list or catalog rates.
Voluntary Rate Reduction Docket USW-T-00-3, effective 6/10/02. Reductions reflected in the 5/24/02 Exhibit A.
Second Voluntary Rate Reduction, Docket USW-T-00-3, effective 6/7/02. Reductions reflected in the 7/10/02 Exhibit A.
Third Voluntary Rate Reduction Docket USW-T-00-3, effective 12/16/02, Reductions reflected in the 10/16/02 Exhibit A.
TELRIC rates proposed in Cost Docket QWE-1-01-11 testimony filed on November 12, 2003. The case was bifurcated and the rates using this footnote are
proposed in Phase 2 of the cost docket.
DS3 and DSO Loops, Subloops, Network Interface Device (NID), Dark Fiber and the applicable forborne OSS services according to the terms of this UNE
Modernization Forbearance Amendment. Any rate with this footnote is no longer applicable after the following transition periods, consistent with the terms of the
above referenced amendment: 1) DS1- new orders not available after February 8, 2023; 2) DS3- new orders not available as of February 8, 2021; 3) DS0- new
orders not available after February 8, 2023; 4) UNE Subloops and NIDs- new orders not available as of February 8, 2021; 5) Dark Fiber Transport- new orders not
available as of February 8, 2021; and, 6) OSS- subject to the transition periods applicable to the corresponding UNEs. The wire center lists pertaining to this order
can be found at: http://www.centurylink.com/wholesale/clec.html.
Market-based rates.
ICB, Individual Case Basis.
The State of Idaho has retained the oversight on these rates. These rates are not under the jurisdiction of the FCC.
FCC ordered rates pursuant to the FCC’s Order on Remand and Report and Order (Intercarrier Compensation for ISP-Bound Traffic) CC Docket 01-131 (FCC ISP
Order), effective June 14, 2001.Effective August 1, 2003, Qwest will no longer bill the recurring and nonrecurring charges for Channel Regeneration. Qwest reserves the right to revert back to the
contractual rate only after appropriate notice is given.
The preliminary Quote Preparation Fees (QPF) are included in the space construction charges. Upon completion of the collocation construction, the QPF will be
credited to the final space construction charge for the virtual, caged or cageless collocation job. These engineering and planning charges are also included in the
Virtual, Caged and Cageless Quote Preparation Fees.
Rate was ordered for a similar element and is being used because the costs for this element are the same.
Rate was previously ordered for this element in a different section of Exhibit A.
(Qwest) Element Added or Rate Changed per Amendment
Intentionally Left Blank
Qwest is voluntarily reducing this rate in order to keep rate relationship with the Fiber Transport "per Pair" rate element.
Qwest has not implemented this UNE rate or charge in its billing system but reserves the right to assess such a charge in the future.
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. 11, Section 5
(Formerly Qwest Tariff FCC No. 1, Section 5)
Rates not addressed in Cost Docket (estimated TELRIC)
The provision of transiting services is not required pursuant to Section 251 of the Telecommunications Act. Qwest has chosen to offer this service as part of its
interconnection agreement, but this service is not required to be priced according to a TELRIC methodology.
Page 10 of 10
EXHIBIT B
CenturyLink QC ICA, Exhibit B (INTENTIONALLY LEFT BLANK) Page 1

INTENTIONALLY LEFT BLANK
EXHIBIT C

Exhibit C -CenturyLink Fourteen State Template Version 1.8, May 11, 2005 1

See CenturyLink Wholesale web-site for the Service Interval Guide.
Exhibit D
CenturyLink Exhibit D Page 1

INTENTIONALLY LEFT BLANK

EXHIBIT E

CenturyLink All States October 4, 2004
Page 1

INTENTIONALLY LEFT BLANK

EXHIBIT F
CenturyLink All States August 24, 2006 Page 1
SPECIAL REQUEST PROCESS

1. The Special Request Process shall be used for the following requests:

1.1 Intentionally Left Blank.
1.2 Intentionally Left Blank.
1.3 Requesting a combination of Unbundled Network Elements that is a combination
not currently offered by 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. If 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
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. In the case of UNE Combinations,
the analysis shall include whether the requested combination is a combination of network
elements that are ordinarily combined in the CenturyLink network. If 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
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
Information, if requested by CenturyLink under the non-disclosure sections of this Agreement.
EXHIBIT G

CenturyLink All States October 4, 2004 Page 1

INTENTIONALLY LEFT BLANK
EXHIBIT H
Twelve States
(Excludes MN and WA)

Exhibit H - CenturyLink Twelve State Template Version 1
CenturyLink All States Except Minnesota and Washington

Calculation of the Relative Use Factor (RUF)

Minutes that are CenturyLink responsibility (A):

All EAS/Local 251(b)(5) Minutes of Use (MOU) that CenturyLink sends to CLEC
All CenturyLink Exchange Access MOU that CenturyLink sends to CLEC
EAS/Local 251(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 function
All IntraLATA transit MOU that CenturyLink sends to CLEC
All ISP-bound and FX MOU that CLEC sends to CenturyLink
All jointly 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(b)(5) MOU that CLEC sends to CenturyLink
All Exchange Access MOU that CLEC sends to CenturyLink
All EAS/Local 251(b)(5) traffic that CLEC sends to CenturyLink for termination on

All IntraLATA transit MOU that CLEC sends to CenturyLink

Non-
All ISP-bound and VNXX MOU that CenturyLink sends to CLEC
All VNXX MOU that transits CenturyLink network and is terminated to CLEC
All Toll VoIP PSTN MOU that CLEC sends to CenturyLink

The mathematical 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 wi
usage determined not to be an anomaly.

Exhibit I Individual Case Basis
Negotiations Template, Exhibit I 9-20-04 Page 1
1. This Agreement contains references to both ICB rates and ICB intervals. The
whether they be
for rates or intervals are processed through and by CenturyLink.

2. ICB Rate Intervals

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. In 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 Intelligent Network (AIN) requests shall
be provided in accord with Section 9.

2.3 Upon request, CenturyLink shall provide CLEC with CenturyLink
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.

Exhibit I Individual Case Basis
Negotiations Template, Exhibit I 9-20-04 Page 2

3. ICB Provisioning Intervals

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 2/4 wire analog loop for more
than twenty-five (25) loops, the CenturyLink representative, authorized to
commit to intervals, shall meet w
(7) business days of receipt of the request from CLEC to negotiate
intervals.
Exhibit J

Negotiations Template Exhibit J (INTENTIONALLY LEFT BLANK) Page 1

INTENTIONALLY LEFT BLANK

EXHIBIT K

CenturyLink QC ICA, Exhibit K (INTENTIONALLY LEFT BLANK) Page 1

INTENTIONALLY LEFT BLANK