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ARBITRATED AGREEMENT FOR TERMS AND CONDITIONS FOR INTERCONNECTION, UNBUNDLED NETWORK



ARBITRATED AGREEMENT FOR
TERMS AND CONDITIONS FOR INTERCONNECTION, UNBUNDLED NETWORK
ELEMENTS, ANCILLARY SERVICES, AND RESALE OF TELECOMMUNICATIONS
SERVICES PROVIDED BY

QWEST CORPORATION

FOR

DIECA COMMUNICATIONS, INC. D/B/A COVAD COMMUNICATIONS COMPANY

IN THE STATE OF UTAH






Exhibit Eschelon 3.4
Page 1 of 6 Section 8
Collocation
June 7, 2005/msd/DIECA Communications dba Covad/UT
CDS-050606-0005

72

Responsibility Application.
8.2.1.22.3.14.6
Once Collocation site transfer is complete
the vacating CLEC, assuming CLEC, and Qwest are all required
to sign the Qwest Services Transfer Agreement.
8.2.1.23
Qwest shall design and engineer the most efficient route and cable
racking for the connection between CLECs equipment in its collocated spaces to the
collocated equipment of another CLEC located in the same Qwest Premises; or to
CLECs own contiguous and 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, Qwest shall consider all information
provided by CLEC in the 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
CLECs 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 Qwest. 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 users premises, and may interconnect
CLECs own collocated space and/or equipment (e.g., CLECs Physical Collocation and
CLECs Virtual Collocation on the same Premises). CLEC-to-CLEC Connections shall
be ordered either as part of an Application for Collocation 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 CLECs capability to order a Cross Connection from its Collocation in
a Qwest Premises to its non-adjacent Collocation space or to another
CLECs Collocation within the same Qwest Premises at the ICDF.
8.2.1.23.1.2
Qwest will provide the capability to combine these
separate Collocations through an Interconnection Distribution Frame
(ICDF). This is accomplished by the use of CLECs 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 Customers needs. This is accomplished by CLEC
using the Design Layout Record (DLR) for the service connection.
Exhibit Eschelon 3.4
Page 2 of 6 Section 8
Collocation
June 7, 2005/msd/DIECA Communications dba Covad/UT
CDS-050606-0005

73

Depending on the distance parameters of the combination,
regeneration may be required. If CLEC orders such regeneration
from Qwest, charges are set forth in Section 8.3.1.9.
7

8.2.1.23.1.5
If two (2) CLECs are involved, one 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. Qwest 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),
Special Access (SPE) and Additional Circuit Information (ACI).
8.2.1.24
Qwest will provide CLEC the same connection to the network as Qwest
uses for provision of services to Qwest end users. The direct connection to Qwests
network is provided to CLEC through direct use of Qwests existing Cross Connection
network. CLEC and Qwest 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 Qwest Cross
Connection frames using standard engineering principles. CLEC terminations will share
frame space with Qwest terminations on Qwest frames without a requirement for an
intermediate device.
8.2.1.26
If CLEC disagrees with the selection of the Qwest Cross Connection
frame, CLEC may request a tour of the Qwest Premises to determine if Cross
Connection frame alternatives exist, and may request use of an alternative frame or an
alternative arrangement, such as direct connections from CLECs 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. However, conversions from
Virtual Collocation to Cageless Physical Collocation, where the conversion only involves
an administrative and Billing change, and the virtually collocated equipment is located in
a space where Cageless Physical Collocation is available, shall be completed in thirty
(30) calendar Days. CLEC must pay all associated conversion charges.
8.2.1.27.1 Qwest will maintain and repair the POTS splitter shelf assembly. If
CLEC has Physical Caged or Cageless collocation, CLEC will have the option to
perform maintenance and repair of the POTS splitter cards. Election of this
option requires CLEC to perform all maintenance associated with the splitter
cards including troubleshooting, repair and replacement of cards. CLEC will also
be responsible to supply and inventory spare cards including adding new cards
to provision un-carded splitter shelf slots. Election of splitter cards maintenance

7
Pursuant to Utah Commission Docket No. 04-2277-02, Arbitration Report and Order dated Feb. 8,
2005 (page 34).
Exhibit Eschelon 3.4
Page 3 of 6 Section 12
Access to Operational Support Systems (OSS)

June 7, 2005/msd/DIECA Communications dba Covad/UT
CDS-050606-0005

215

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 Partys 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 aff