Wholesale: Products & Services

Open Product/Process CR PC120605-1EX Detail

Description Of Change

Expected Deliverable:

Exception required due to short interval Loop Concentrator Multiplexer (LCM)..

Project Meetings

- March 20, 2006 Email Sent to Cbeyond: Good Morning Tom, The CLEC that had an issue regarding MN was okay to close the CR. They are pursueing via other avenues and were okay with the CR closing. I believe that really does close the CR in it's entirety. Please let me know if you are in concurrence to closing out the CR. I have attached a copy of the CR. It contains a copy of the email received from the CLEC that had objected to the closure, and then provided the approval to close. Thank you Peggy Esquibel-Reed Qwest Wholesale CMP

-- March 20, 2006 Email Received from Cbeyond: Peggy: I’m fine with closing for Colorado. I understand that there were some CLECs that were concerned with keeping open for MN.

-- March 17, 2006 Email Sent to Cbeyond: Hello Tom, This email is to ask if you have any objection to closing your CR PC120605-1EX EEL Maintenance Window Change. This change was effective on February 9th. During the March 15th CMP Meeting, there was no objection from the CLEC Community to the closure. Please let me know if the CR can be closed or if you feel that it needs to remain in CLEC Test. If you are not yet ready to close the CR, will you please provide me with details as to what issues you are having in regard to this change? I will then do some reasearch and assist with any problem resolution. Thanks, Tom. I hope to hear from you soon. Peggy Esquibel-Reed Qwest Wholesale CMP

- March 15, 2006 Email Received from Eschelon: Hello Jill, I had a chance to speak with Bonnie regarding our objection to the exclusion of MN for this product. You can close the change request if no other CLECs have an objections. Eschelon is pursuing other avenues to address our concerns. Thanks an have a great evening. Kim Isaacs Eschelon Telecom, Inc.

-- March 15, 2006 Monthly Product Process CMP Meeting Discussion: Jill Martain-Qwest stated that this effort was implemented on February 9th and noted that all the submitted questions have been responded to. Jill asked if this CR was ready to be closed. Kim Isaacs-Eschelon stated that Eschelon has a standing dispute in Minnesota and would like the CR to remain open. Jill Martain-Qwest stated that Qwest does not have the capability to provide this in MN at this time and stated that she can have a conversation with Eschelon. Kim Isaacs-Eschelon stated that the MN Commission stated that there are steps that Qwest could take to offer in MN and that the Commission did not anticipate Qwest not making the offer in MN. Jill Martain-Qwest stated that she would check into it and then she could have a discussion off-line with Eschelon. Kim Isaacs-Eschelon asked that Qwest provide them with the information regarding the steps Qwest is taking for Minnesota. Jill Martain-Qwest said okay. This CR remains in CLEC Test. NOTE: After the CMP meeting, Eschelon submitted an e-mail to Qwest stating that they were OK to close the CR if there we no other objections from other CLECs. Qwest will check with Cbeyond off-line to see if the CR can be closed.

-- March 1, 2006 Emails Sent to Eschelon (Kim Isaacs) and McLeod (Chelsea Payne): In regard to your request associated with notification PROD.02.09.06.F.03693.EEL-LMCOutHoursUpdate, Qwest is not refusing to offer UNEs in Minnesota. The issue is that Qwest does not have approved rates in Minnesota that can be charged to install or rearrange EEL outside of the normal business hours. Qwest is in the process of investigating next steps. Until such time that Qwest has the ability to charge an appropriate non-recurring rate in MN, Qwest is not offering the ability to provision new or rearrange existing EEL circuits outside of normal business hours. Qwest continues to offer the ability to perform rearrangement and change orders on EEL circuits during normal business hours and will work with the CLECs to minimize any down time to their end user customers. Thank you, Susan Lorence Qwest CMP Manager

- February 21, 2006 Email Received from McLeod: McLeodUSA objects to the level 1 change announced on February 9, 2006 (Document #PROD.02.09.06.F.03693.EEL-LMCOutHoursUpdate related to CLEC CR# PC120605-1EX) regarding the inability to schedule EEL coordinated project installations out of hours due to the fact that rates have not been established in a given area. McLeodUSA specifically would like to note this objection in the state of Minnesota. While Qwest may not have a Commission approved rate in Minnesota, this should have no bearing on whether or not this service should be offered to McleodUSA. The Commission issued an order dated 10-2-2002 on Docket: P-421/CI-01-1375 which provided a process for Qwest to address new UNE prices and prices under development which includes Qwest submitting a cost study to get their rate - not do deny CLECs access to the product. Based on this order, McleodUSA requests that Qwest offer EEL Out of Hours installations in Minnesota and update the PCAT language to indicate that in states that do not contain the appropriate rates that Qwest will negotiate a rate with the CLEC. Thank You, Chelsea Payne

February 20, 2006 Email Received from Eschelon: At the 2-9-06 PC120605-1EX EEL Maintenance Window Change ad hoc call, Qwest announced that Qwest would withdraw its EEL Out of Hours Installations offering in the state of Minnesota because Qwest failed to establish commission approved rates in the Minnesota. Eschelon expressed our concerns with Qwest's position on the ad hoc call but we agreed to allow the change request to move forward in the other states, so that Qwest’s change in its position in MN would not delay CBeyond’s request in other states. On the call, Eschelon reserved our rights to comment and object to Qwest's position. Eschelon submits this objection. While Qwest currently may not have a Commission approved rate in the Minnesota Exhibit A, the Minnesota Commission addressed this issue in its order dated 10-2-2002 on Docket: P-421/CI-01-1375. The Minnesota Commission did not provide that Qwest would simply refuse to offer UNEs and services in Minnesota. The Minnesota Commission found that Qwest has an “obligation to provide all of its UNEs and services at just, reasonable and nondiscriminatory rates pursuant to the Act’s $9 201(b) and 202(a)”[1]. Furthermore, the Minnesota Commission provided a process to address new UNE prices and prices under development. The proper process is for Qwest to submit a cost study and get a rate not to deny CLECs access to the product.

Based on the Minnesota Commission order, Eschelon requests that Qwest offer EEL Out of Hours installations in Minnesota and update the PCAT language to indicate:

If this offering is not included in your current ICA, an amendment will be required. Out of Hours Project Coordinated Installations are offered in states that contain the appropriate rates found under Miscellaneous Charges in Section 9.20 of Exhibit A for the specific state. In states that do not contain the appropriate rates found under Section 9.20 of Exhibit A Qwest will negotiate a rate with the CLEC. In Minnesota, Qwest needs to file a cost study for this rate.

[1] 10-2-2002 MN Commission Order Docket: P-421/CI-01-1375

Thank you. Kim Isaacs Eschelon Telecom, Inc.

February 15, 2006 Monthly Product Process CMP Meeting Discussion: Robyn Libadia-Qwest stated that Qwest began offering the out of hours for EEL & LMC on February 9th. Contract language was updated and is posted. Robyn noted that there was an ad hoc meeting that was held on February 9th in order for Qwest to further clarify the offering. Robyn then stated that an amendment would be required and that it is available for the states that have the appropriate rates. Robyn stated that would be all states with the exception of Minnesota. Robyn stated that during the February 9th ad hoc meeting, there was agreement that a Level 1 Notice would be sent on February 9th, with an effective date of February 10th. Robyn then noted that the CR is in CLEC Test. Bonnie Johnson-Eschelon stated that she had indicated on the ad hoc call that she was okay with a Level 1 Notice so that Cbeyond could take advantage, but that Eschelon could have concerns regarding the Minnesota issue. Bonnie then noted that Kim (Isaacs-Eschelon) will send information to the CMP CR mailbox. Jill Martain-Qwest stated that based on the discussion, the CR would remain in CLEC Test for another month.

February 9, 2006 Ad Hoc Call (CMPR.02.02.06.F.03677.AdHocMeetingPC120605-1EX) ATTENDEES: Tom Hyde-Cbeyond, Julie Pickar-TDS MetroCom, Rosalin Davis-Verizon Business, Bonnie Johnson-Eschelon, Kim Isaacs-Eschelon, Laurie Fredricksen-Integra, Janie Williamson-Integra Peggy Esquibel Reed-Qwest, Susan Lorence-Qwest, Jill Martain-Qwest, Sami Hooper-Qwest, Ev Montez-Qwest, Vicki Dryden-Qwest, Chris Quinn Struck-Qwest DISCUSSION: Peggy Esquibel Reed-Qwest stated that today’s call was scheduled in order to communicate some information regarding the CMP Change Request submitted by Cbeyond, PC120605-1EX; EEL Maintenance Window Change. The request was asking that a change to an existing EEL circuit could be performed after 10:00 p.m. MT. The CR was submitted as an exception request, for implementation in a shorter then normal timeframe. The exception vote was held in December and was granted. This CR was then scheduled to be implemented on February 9th, which is today. Last week, we became aware of some information that we need to communicate to you and immediately scheduled this call in order to pass that information to you. Due to the timeframes in the CMP Document pertaining to the scheduling of ad hoc calls, today was the earliest that the call could be held. With that, I will turn the call over to Robyn Libadia, who will share that information with you. Robyn Libadia-Qwest stated that because this was an exception CR, a notice was sent to the CLEC Community. Robyn then noted that while developing the process it came to light that this offering would not apply for the state of Minnesota. For coordinated project installations scheduled to commence out of hours, or rescheduled by a CLEC to commence out of hours, additional nonrecurring charges will be applied to each EEL circuit for the work performed by Qwest outside of normal business hours. If this offering is not included in your current ICA, an amendment will be required. Robyn stated that the offering is still effective today, February 9th, but cannot offer the process in Minnesota. Robyn stated that clarification will be added to the EEL & LMC PCATs and stated that Qwest would like to issue a Level 1 Notice for the immediate clarification. Tom Hyde-Cbeyond stated that he was okay with the Level 1 Notice request. Robyn Libadia-Qwest asked if there were any other thoughts. Bonnie Johnson-Eschelon asked to clarify that Qwest offered out of hours for other products in Minnesota. Robyn Libadia-Qwest stated that could be and noted that she could only address products that she is responsible for. Robyn stated that in order to offer EEL & LMC, a cost docket will need to be filed and commission approval would be needed. Jill Martain-Qwest stated that Qwest still wanted to offer this process in as many states as possible. Bonnie Johnson-Eschelon stated that she was okay with a Level 1 Notice so Cbeyond could obtain benefit in Colorado. Bonnie then noted that she may later have comments regarding the change itself. Jill Martain-Qwest asked Bonnie to please send them to the CMP mailbox. Jill then stated that it sounds like Qwest is okay to proceed with the Level 1 Notice. There were no additional questions or comments. Peggy Esquibel Reed-Qwest thanked the call participants and adjourned the call.

- January 18, 2006 Monthly Product Process CMP Meeting Discussion: Robyn Libadia-Qwest stated that this CR had an exception granted via a vote and stated that the effort was moving forward to implement out of hours coordinated installs for EEL and LMC products. Robyn stated that the PCAT updates had been completed and would be published on January 23rd. She also stated amendment language had been drafted and would be made available. Robyn requested consensus from the CLECs to treat this CR as a Level 2 Notice so that Qwest could move forward with an effective date and implementation date of February 13th. There was no objection to the Level 2 Notice. Tom Hyde-Cbeyond asked when the amendments would be published. Robyn Libadia-Qwest stated that they would be published by the February 13th effective date. Tom Hyde-Cbeyond asked for the publication date. Robyn Libadia-Qwest stated that she did not yet have a date but that it would be no later than February 13th. Tom Hyde-Cbeyond stated that it would have to be published earlier. Tom stated that he would like sooner so he could have time to review them and make sure that they are acceptable. Robyn Libadia-Qwest stated that she would see if the request for earlier publication could be accommodated. Jill Martain-Qwest stated that all CLECs would need to have a signed amendment in order to participate. This CR moves to Development Status.

- December 29, 2005 Exception Vote Meeting Minutes: In attendance: Cindy Harlan-Qwest Sharon Van Meter-ATT

Cindy Harlan reviewed that the purpose of this meeting is to conduct the vote on PC120605-1EX to determine whether or not this CR will be handled as an exception CR. This vote was previously scheduled to take place on December 22, 2005, but quorum was not achieved at that time.

Cindy then conducted the vote: Sharon Van Meter - ATT advised her vote is yes Eschelon-yes via email TDS-yes via email Qwest Corporation-no via email Time Warner Telecom-yes via email

Cindy advised 2/3 majority vote of yes was received so this CR will be handled as an Exception.

-- December 14, 2005 Product Process CMP Meeting Discussion: Tom Hyde/Cbeyond stated that Cbeyond’s Interconnection Agreement currently allows addition of DS1 Loops and gives provisions for out of hour’s provisions to be done. Tom stated that his CR is to add EEL to the same provisions. Tom stated that he requested a walk-on to present the CR. Tom stated that Cbeyond needs the ability to meet Cbeyond’s TRRO requirements with a March 2006 deadline. Tom stated that he did not intend this CR to be a TRRO only change and noted that it is an ongoing change request. Jill Martain/Qwest stated that the vote is scheduled to take place on December 22nd. There were no questions or comments.

- Exception Pre-Meeting December 12, 2005 ATTENDEES: Kim Isaacs-Eschelon, Gary Tilley-McLeod, Jeff Raymond-McLeod, Kim Hartz-McLeod, Bonnie Johnson-Eschelon, Lynn Hankins-Covad, Tom Hyde-Cbeyond, Rosalin Davis-MCI, Peggy Esquibel Reed-Qwest, Robyn Libadia-Qwest, Jean Novak-Qwest, Sami Hooper-Qwest, Ev Montez-Qwest, Shirley Tallman-Qwest Peggy Esquibel Reed-Qwest stated that an exception change request was received from Cbeyond and that the purpose of this pre-meeting was to review the change request, answer questions, agree to the date/time for the vote meeting, and for Qwest to communicate what a vote of yes would mean and what a vote of no would mean. Peggy stated that Cbeyond is seeking an exception to the normal implementation timeline for this Level 4 change request. Peggy reviewed the CRs Description: (PC120605-1EX EEL Maintenance Window Change) the CR is asking Qwest to perform a change to an existing EEL circuit during maintenance window (after 10PM MT). Peggy then asked Tom Hyde (Cbeyond) if he had any other information regarding the request that they would like to share with the call participants, and also asked if he would share the business need that has prompted the exception request for a shorter implementation timeframe. Tom Hyde-Cbeyond stated that his CR is addressing a change from lower to higher loops, such as going from a DS1 to a DS1 Transport or from a DS1 to a DS3. Tom stated that the request is to prevent customer outages. Tom then stated that the CR was prompted due to TRRO. Tom stated that TRRO is the driver and noted that the deadline for conversions is March 11, 2006. Peggy Esquibel Reed-Qwest then asked if there were any questions regarding the CR. Bonnie Johnson-Eschelon asked Cbeyond if he is requesting that the EEL product to be able to make changes on EEL, whenever they are, after hours. Tom Hyde-Cbeyond stated that he submitted the request because EELs are silent in their Interconnection Agreement. Tom then stated that DSI Loops currently say that it can be done out of hours and Cbeyond is now looking for out of hours conversions and coordination in order to prevent end user downtimes. Tom stated that Voice Grade is not included in the request because Voice Grade is seldom isolated. Tom Hyde-Cbeyond then noted that TRRO is the driver of the exception request and stated that Cbeyond would have made the request anyway. Tom stated that it is not equitable to do for some products but not for EEL. Bonnie Johnson-Eschelon stated that Eschelon had recently run into the same situation, but was not TRRO related, changing from one central office to another. Bonnie then asked if this Cbeyond CR included that and would care for it. Tom Hyde-Cbeyond stated that his CR is for converting from EEL to non-EEL. Bonnie Johnson-Eschelon asked if EEL to EEL was outside of hours. Tom Hyde-Cbeyond stated that the CR is generic and that it should fall under that. Robyn Libadia-Qwest stated that the implementation of the request would be generic as well. Tom Hyde-Cbeyond asked with the vote being on December 22nd, when Qwest would be implementing the requested change. Peggy Esquibel Reed-Qwest stated that the vote does first need to be conducted and based on the outcome of the vote, will need to then go back and determine, from a CMP perspective, when the requested change could be implemented. Peggy Esquibel Reed-Qwest stated that the vote is scheduled to occur on December 22, 2005 at 1:00 p.m. MT. Peggy then noted that emailed votes would be accepted up until that date and time. Peggy stated that the reminder regarding the email option for votes is for those who will be on vacation and stated that the Vote Notice and Ballot would be out tomorrow. There was no dissent to the date and time for the vote meeting. Peggy then stated that a vote of ‘yes’ will indicate a preference to allow PC120605-1EX, EEL Maintenance Window Change, to be implemented prior to the normal implementation timeline for this Level 4 Change Request. A vote of ‘no’ will indicate a preference that PC120605-1EX, EEL Maintenance Window Change, not be implemented prior to the normal implementation timeline. Peggy asked if there were any questions regarding the yes/no vote. There were no questions. Peggy then noted that according to the CMP Process, a 2/3majority vote will be required for this Exception Request to be granted and that the vote would be on December 22nd and per the request of Cbeyond, the CR would be posted to the Wholesale CMP web site to be a walk-on for this Wednesday’s CMP Meeting.