POSTED April 15, 2009 QWEST CORPORATION S COMPARABLY EFFICIENT INTERCONNECTION PLAN FOR ON-LINE DATABASE ACCESS SERVICES

Transcription

1 POSTED April 15, 2009 QWEST CORPORATION S COMPARABLY EFFICIENT INTERCONNECTION PLAN FOR ON-LINE DATABASE ACCESS SERVICES

2 TABLE OF CONTENTS Page I. INTRODUCTION...1 II. DESCRIPTION OF ENHANCED SERVICES COVERED BY CEI PLAN...1 III. COMPLIANCE WITH CEI PARAMETERS...2 A. Interface Functionality...2 B. Unbundling of Basic Services...3 C. Resale...8 D. Technical Characteristics...8 E. Installation, Maintenance and Repair...9 F. End-User Access...11 G. CEI Availability...11 H. Minimization of Transport Costs...12 I. Recipients of CEI...14 IV. OTHER NONSTRUCTURAL SAFEGUARDS...14 A. Allocation of Joint and Common Costs...14 B. Nondiscrimination Reporting...15 C. Disclosure of Network Information...15 V. DEREGULATED OR DETARIFFED BASIC SERVICES...16 VI. CONCLUSION...16 i

3 Qwest Corporation ( Qwest ), hereby posts this amended Comparably Efficient Interconnection ( CEI ) Plan for On-Line Database Access Services. I. INTRODUCTION This CEI Plan for On-Line Database Access Services describes the manner in which Qwest offers the basic services used with its on-line database access services to competitive enhanced service providers ( ESP ) on equal terms and conditions. This CEI Plan describes the nature of the enhanced services that fit within the category of on-line database access services, and details the basic services used in conjunction with these services. It also specifies the manner in which Qwest complies with the nine comparably efficient interconnection parameters established by the Federal Communications Commission ( Commission ) in Phase I of the Computer III docket. 1 II. DESCRIPTION OF ENHANCED SERVICES COVERED BY CEI PLAN Qwest s on-line database access services allow customers to store, retrieve and manipulate data stored in Qwest computers. The Qwest computers used to provide these services are separate from those utilized to provide regulated telephone service. Data includes information provided by Qwest, as well as customer-provided data, and includes both image and data receipt of information by the customer. Computer access in both real time (traditional online ) and otherwise is determined by the customer. Current services include remote data processing services for customers, access to Qwest data within Qwest s computers, interaction 1 See In the Matters of: Amendment of Sections of the Commission s Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Services and Facilities Authorizations Thereof; Communications Protocols under Section of the Commission s Rules and Regulations, Report and Order, 104 FCC 2d 958, , , (1986) ( Report and Order ); and In the Matters of: Amendment of Sections of the Commission s Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Services and Facilities Authorizations Thereof; Communications Protocols under Section of the Commission s Rules and Regulations, Memorandum Opinion and Order on Reconsideration, 2 FCC Rcd. 3035, (1987) ( Phase I Reconsideration Order ).

4 between an on-line application platform and certain basic and enhanced services, point-of-sale termination services, and electronic classified advertisements and similar services. The distinguishing characteristics of those services are the links between a Qwest computer and a customer computer for the storage, retrieval and manipulation of information. III. COMPLIANCE WITH CEI PARAMETERS A. Interface Functionality This requires that carriers make available to competing ESPs standardized hardware and software interfaces that are able to support transmission, switching, and signaling functions identical to those utilized in the enhanced service provided by the carrier. Information and technical specifications for such interfaces must be available according to the network information disclosure requirements. The on-line database access services described herein, and database services of competitive ESPs, will access the network through existing standard network interfaces which have been available to the public through Qwest s standard network disclosure procedures. No interface, signaling, abbreviated dialing, derived channels or other unique capabilities will be provided to access Qwest s computers which are not available to the public in tariffed form or through published price lists or catalogs. If such access arrangements are to be made available to Qwest s on-line database access services, they will be made available to Qwest s enhanced service competitors at the same time, in the same jurisdictions and on the same terms and conditions. Qwest will also abide by prior commitments as to advance notification to competing ESPs of new interfaces, and the prior notification (including make/buy disclosure) required by the network disclosure rules. 2 2 See 47 C.F.R

5 B. Unbundling of Basic Services This parameter requires that the basic services and basic service functions that underlie the carrier s enhanced service offering must be unbundled from other basic service offerings and associated with a specific rate element in the federal and/or state tariff, price list, catalog or rates and services schedule ( RSS ). Information used by a carrier in providing the unbundled basic service that is not Customer Proprietary Network Information must be made available. The unbundled offerings must also include any options or functions available to the carrier. All basic network capabilities used by the carrier s enhanced service offerings, including signaling, switching, billing and network management, are subject to the unbundling requirement. The basic services that may be used in conjunction with Qwest s on-line database access services are currently available on an unbundled basis from federal and/or state tariffs, price lists, catalogs, or RSS. These services include Asynchronous Transfer Mode ( ATM ) Cell Relay Service, Call Transfer, Called Directory Number Delivery, Call Event and Management Signaling Service ( CEMSS ), Digital Data Service, DS1 Service, Frame Relay Service, Hunting, ISDN Calling Name Delivery, ISDN Redirecting Name Delivery, Message Delivery Service ( MDS ), Message Delivery Service-Interoffice ( MDSI ), Modem Aggregation Service ( MAS ), Voice Grade Line-Circuit Switched, and Voice Grade Trunk-Circuit Switched. Any additional basic services utilized to support on-line database access services will be added to this CEI Plan prior to their use by Qwest on-line database access operations, and the Commission and the industry will be notified thereof. Before Qwest utilizes any of these basic services in jurisdictions beyond those indicated in existing network disclosures, Qwest will notify the industry. Tariffs, price lists, catalogs, or RSS for these basic services may be viewed on Qwest s Internet web site Qwest states include 3

6 Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington and Wyoming. Following are descriptions of the basic services underlying Qwest s on-line database access services. Asynchronous Transfer Mode Cell Relay Service Asynchronous Transfer Mode ( ATM ) Cell Relay Service uses ATM technology to provide end users with high-speed, low-delay networking capabilities for data intensive business computing applications that require near real-time mixed or mono media (data, video, image and voice) communications among multiple locations. ATM Cell Relay Service is available on an interstate basis through Qwest s Tariff F.C.C. No. 1. Please refer to Qwest s Internet web site to determine its availability on an intrastate basis in Qwest states. Call Transfer Call Transfer provides an end user who is on an established call with the ability to add another party to perform a three-way conference. After establishing the conference, the end user may drop their connection without disconnecting the remaining two parties. This action allows the end user to transfer specific calls and free their line to initiate or receive another call. Call Transfer is available on an interstate basis through Qwest s Tariff F.C.C. No. 1. Please refer to Qwest s Internet web site to determine its availability on an intrastate basis in Qwest states. Called Directory Number Delivery This service allows the central office switch to deliver all or part of the destination address to the ESP at the time the call is established. Usually, the destination address delivered is the same as the number originally dialed. When number translations have occurred, e.g. 800 calls, direct-inward-dialing (DID) number delivered is not the called number. Called Directory Number Delivery is available on an interstate basis through Qwest s Tariff F.C.C. No. 1. Please refer to Qwest s Internet web site to determine its availability on an intrastate basis in Qwest states. Call Event and Management Signaling Service (CEMSS) (BSE) CEMSS provides a mediated service interface between an ESP-provided application platform and a gateway. CEMSS allows providers to send specific Internet protocol (IP) messages through the Company gateway. The messages will be routed to the Qwest Advanced Intelligent Network (AIN) Service Control Point (SCP) for interaction with certain basic services associated with the subscriber local loop designated by the CEMSS customer. CEMSS may be used by service providers to obtain call event messages, perform call control functions and as a means to access and manage AIN service parameters associated with subscriber lines served from Qwest AIN-capable local switches. CEMSS is available on an interstate basis through Qwest s F.C.C. Tariff No. 1. Please refer to Qwest s Internet web site to determine its availability on an intrastate basis in Qwest states. Digital Data Service-<64Kbps This service provides an ESP with a four-wire digital channel to the ESP s client. This serving arrangement provides for digital transmission of synchronous serial data at primary rates of 2.4, 4.8, 9.6, 19.2 or 56 Kbps, plus associated secondary channel rates of 2.4, 4.8, 9.6, or 56 Kbps. Error detection/correction is an inherent part of this service. Digital Data special access 4

7 services are nonswitched channels that provide the capability to transmit digital data between two end-user points of termination or an end-user point of termination and a service provider point of termination. Digital Data Service-<64Kbps is available on an interstate basis through Qwest s Tariff F.C.C. No. 1. Please refer to Qwest s Internet web site to determine its availability on an intrastate basis in Qwest states. DS1 Service This dedicated high-capacity digital (1.544 Mbps) DS1 Service provides an end user with a dedicated channel. DS1 Service provides two-point, private-line, full duplex transmission at Mbps isochronous serial data with a payload of Mbps between an end user and an end user or between an end user and a local exchange carrier ( LEC ) central office. DS1 Service is available on an interstate basis through Qwest s Tariff F.C.C. No. 1. Please refer to Qwest s Internet web site to determine its availability on an intrastate basis in Qwest states. DS3 Service This dedicated high capacity digital (>1.544 Mbps) DS3 Service provides an ESP with a dedicated channel to the ESP s client via a digital facility. DS3 Service provides two-point, private-line, transmission at speeds above Mbps between an end user and an end user or between an end user and a local exchange carrier ( LEC ) central office. Individual calls are not set up and taken down. DS3 Service is available on an interstate basis through Qwest s F.C.C. Tariff No. 1. Please refer to Qwest s Internet web site to determine its availability on an intrastate basis in Qwest states. Frame Relay Service Frame Relay Service ( FRS ) provides high-speed access and throughput to and among Local Area Networks and enables users to allocate circuit bandwidth purchased, rather than assigning fixed channels to specific application. FRS supports packet-switched services capable of transmissions speeds up to 1.544Mbps. FRS speeds under 200 kilobits per second (kbps) are available on an interstate basis through Qwest s Tariff F.C.C. No. 1. Please refer to Qwest s Internet web site to determine its availability on an intrastate basis in Qwest states. Hunting Hunting provides a software-defined search for an idle terminal to which a call can be completed. When calls are placed to a multiline hunt group, hunting begins with a member designated by the dialed directory number and hunts sequentially through the group until an idle member is found or the end of the designated list is encountered. If no idle number is found, busy tone is returned to the calling party. Several types of hunting arrangements are available including Regulate Hunting, Circular Hunting, and Preferential Hunting. Hunting is available on an interstate basis through Qwest s Tariff F.C.C. No. 1. Please refer to Qwest s Internet web site to determine its availability on an intrastate basis in Qwest states. Integrated Services Digital Network Calling Name Delivery Integrated Services Digital Network ( ISDN ) Calling Name Delivery provides the automatic delivery of the original calling party s name, along with the calling party s telephone number, to the called customer. A private or unavailable indication will appear when the name is not available to the called customer. ISDN Calling Name Delivery Service is only available on an intrastate basis. Please refer to Qwest s Internet web site to determine its availability in Qwest states. 5

8 Integrated Services Digital Network Redirecting Name Delivery Integrated Services Digital Network ( ISDN ) Redirecting Name Delivery provides the original calling party s name and the name of the party who forwarded the call. A private or unavailable indication will appear when the name is not available to the called customer. When a call is forwarded multiple times the last redirecting party is the most recent user who forwarded the call. The most recent redirecting name (or a private or unavailable indication) will appear on the display. ISDN Redirecting Name Delivery is only available on an intrastate basis. Please refer to Qwest s Internet web site to determine its availability in Qwest states. Message Delivery Service Message Delivery Service ( MDS ) transmits call information pertaining to all incoming calls to the ESP s basic access arrangement. This information includes the called directory number, the calling directory number (if the calling number is in the same central office switch as the ESP), and the reason for forwarding on forwarded calls such as busy or don t answer. This information is transmitted to the ESP through a simplified message desk interface ( SMDI ) data line between the central office switch and the ESP s customer premise equipment ( CPE ). MDS is available on an interstate basis through Qwest s Tariff F.C.C. No. 1. Please refer to Qwest s Internet web site to determine its availability in Qwest states. Message Delivery Service-Interoffice Message Delivery Service-Interoffice ( MDSI ) transmits call-related information pertaining to all incoming calls to an MDSI customer s multiline hunt group. This information includes: the 10-digit called directory number; the 10-digit calling directory number (if the central office switch that serves the calling party is connected to the same SS7 network as the central office serving the MDSI customer and is equipped with the proper software); the reason the call was forwarded or that the call was direct dialed; and the central office that serves the MDSI customer may receive call related information from their clients in other central offices that are connected via SS7 trunks and contain the proper software. MDSI is available on an interstate basis through Qwest s Tariff F.C.C. No. 1. Please refer to Qwest s Internet web site to determine its availability in Qwest states. Modem Aggregation Service Modem Aggregation Service ( MAS ) provides ESPs the ability to use Qwest-provided modems that are located in Qwest central offices. MAS provides a dial-in number and a specified number of modems (in groups of ten), which the ESP can make available to their end users in order to provide dial-in access to the ESP s data network. End-user calls in excess of the subscribed to number of modems will receive a subscriber busy signal. Connectivity between the modems and the customer s network is provided via standard Frame Relay Service ( FRS ) or ATM Cell Relay Service ( CRS ). MAS requires the use of customer-provided equipment, located at the ESP s location to interface with the end-user modem traffic that is being delivered over the FRS, or ATM CRS to the ESP location. MAS is only available on an interstate basis through Qwest s Tariff F.C.C. No. 1. 6

9 Voice Grade Line-Circuit Switched This provides end users with a line-side connection to the circuit switched network. This line-side connection could include alternative types of network connection, address and supervisory in-band or out-of-band signaling. Examples of network connections are standard telephone line or a line-side type connection (e.g., PBX service). This service may support oneway or two-way directionality on a two-wire or four-wire transmission interface. Voice Grade Line-Circuit Switched is available on an interstate basis through Qwest s Tariff F.C.C. No. 1. Please refer to Qwest s Internet web site to determine its availability on an intrastate basis in Qwest states. Voice Grade Trunk-Circuit Switched This provides an end user with a trunk side connection to the circuit switched network. Various types of network connections, address signaling, and supervisory signaling are available. An example of network connections to the serving office may be direct trunk or a tandem connection. Calls are set up and taken down on a call-by-call basis. This service may support one-way or two-way directionality. Voice Grade Trunk-Circuit Switched is available on an interstate basis through Qwest s Tariff F.C.C. No. 1. Please refer to Qwest s Internet web site to determine its availability on an intrastate basis in Qwest states. Non-dominant Services In accordance with Commission s Qwest Enterprise Forbearance Order 3, which granted relief to Qwest from its obligations under Computer Inquiry rules in connection with its existing packet-switched broadband telecommunications and existing optical transmission services, the following basic services underlying Qwest s electronic messaging services are deemed nondominant at the federal level: Asynchronous Transfer Mode Cell Relay Service Asynchronous Transfer Mode ( ATM ) Cell Relay Service uses ATM technology to provide end users with high-speed, low-delay networking capabilities for data intensive business computing applications that require near real-time mixed or mono media (data, video, image and voice) communications among multiple locations. ATM Cell Relay Service is available on an interstate basis through Qwest s Rates and Services Schedules. Please refer to Qwest s Internet web site to determine its availability on an intrastate basis in Qwest states. Frame Relay Service Frame Relay Service ( FRS ) provides high-speed access and throughput to and among Local Area Networks and enables users to allocate circuit bandwidth purchased, rather than assigning fixed channels to specific application. FRS supports packet-switched services capable of transmitting 200 kilobits per second (kbps) or greater in each direction. FRS is available on 3 See In the Matter of Qwest Petition for Forbearance Under 47 U.S.C. 160(c) from Title II and Computer Inquiry Rules with Respect to Broadband Services, Memorandum Opinion and Order, WC Docket No , FCC , rel Aug. 5,

10 an interstate basis through Qwest s Rates and Services Schedules. Please refer to Qwest s Internet web site to determine its availability on an intrastate basis in Qwest states. C. Resale This obligates a carrier s enhanced service operations to take the basic services used in its enhanced service offerings at their unbundled tariffed rates. Qwest s on-line database access services operations pay the same tariffed or price-listed rates for all underlying basic services as are paid by competing ESPs. D. Technical Characteristics This requires that a carrier provide basic services with technical characteristics that are equal to those of the basic services it utilizes for its own enhanced services. Such characteristics include, but are not limited to: transmission parameters, such as bandwidth and bit rates; quality, such as bit error rate and delay distortions; and reliability, such as mean time between failures. Interconnection to Qwest s on-line database access services is through existing standard network interfaces. The facilities provided to Qwest s on-line database access services and to competitive enhanced services fully comply with the Commission s parameters for technical equality, i.e., no user-perceived qualitative differences and no systematic differences in measured quality. Qwest s procedures for processing and assigning circuits are described in detail in Qwest s Open Network Architecture Plan 4 ( Qwest ONA Plan ) and in Qwest s Amendment to Open Network Architecture Plan 5 ( Qwest ONA Plan Amendment ) and are summarized herein. Qwest utilizes only inventoried facilities (i.e., lines and associated equipment) that have passed acceptance tests prescribed by established practices and/or federal and/or state tariffs, price lists, 4 See Open Network Architecture Plan of U S WEST, Inc. filed Feb. 1, 1988, CC Docket No. 88-2, Phase 1, at

11 catalogs or RSS. These tests are graded on a pass/fail basis. If any of these facilities do not pass the acceptance test, they are either excluded from inventory or are improved to pass the test. All equipment associated with the facilities is also tested for proper operation and transmission levels. Testing and acceptance of this equipment is performed without regard to the type of customer or intended use of the circuit. As a result of these procedures, the technical characteristics of all circuits associated with Qwest s basic services that are used with on-line database access services are the same. Finally, pursuant to Commission requirements, Qwest files annual affidavits attesting that it has not discriminated in the quality of network services used by competing ESPs. 6 E. Installation, Maintenance and Repair This requirement ensures that the time periods for installation, maintenance, and repair of the basic services underlying a carrier s enhanced service are the same as those the carrier provides to competitive ESPs. In addition, CEI plans must set forth the procedures for ensuring nondiscriminatory provisioning of all basic services to all customers. The Qwest ONA Plan Amendment includes a detailed description of Qwest s installation and maintenance procedures. 7 This amendment was further clarified in Qwest s Reply Comments in CC Docket No. 88-2, Phase I, 8 and in Qwest s Response to the ONA Order. 9 5 See Amendment to Open Network Architecture Plan of U S WEST, Inc., filed Mar. 10, 1988, CC Docket No. 88-2, Phase I, at See In the Matters of: Amendment to Sections of the Commission s Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Service and Facilities Authorizations Thereof, Communications Protocols under Sections of the Commission s Rules and Regulations, Memorandum Opinion and Order on Reconsideration, 3 FCC Rcd. 1150, (1988) ( Phase II Reconsideration Order ). 7 See Qwest ONA Plan Amendment at See U S WEST s Response to the Federal Communications Commission s May 8, 1990 Memorandum Opinion and Order, filed July 16, 1990, CC Docket No. 88-2, Phase I, at 4, Appendix B. 9

12 Qwest s procedures for processing orders and installing and maintaining basic network services demonstrates that Qwest cannot discriminate between its enhanced services and those offered by others. A summary of these procedures follows. Qwest enhanced services are subject to the same scheduling procedures and time periods as competitive enhanced services. Due dates for routine installation orders are based on standard intervals for the types and quantities of services required, not on the identity of the party placing the order. Service orders are entered into a service order negotiation and retrieval system ( Service Order System ). The Service Order System distributes service requests to a service order processor ( Processor ) which redistributes orders to various downstream mechanical and manual dispatching/provisioning systems to coordinate all installation activity. From the Processor, orders are automatically routed to a mechanized facilities assignment system where loop facilities are automatically assigned using data from various other databases. Also from the Processor, orders proceed to a computer system for central office facilities ( Central Office Assignment System ). Within the Central Office Assignment System, telephone numbers and central office equipment are selected on a first-come, first-served basis. Orders are dispatched through a work force administration system ( Work Force System ) directly to a technician. Pursuant to Commission requirements, 10 Qwest submits an annual affidavit attesting that it has followed the installation procedures described in the Qwest ONA Plan and Qwest ONA Plan Amendment. Qwest maintenance/repair intervals are based upon standard guidelines (i.e., for type of trouble) which are applied to all customers without regard to customer affiliation. Customer restoration interval commitments are based upon predetermined standard maintenance intervals, 9 See U S WEST s Response to Commission s December 22, 1988 Memorandum Opinion and Order, filed May 19, 1989, CC Docket No. 88-2, Phase I, at ( USWC Response of May 19, 1989 ). 10

13 which are updated periodically to reflect work force availability and work load volume. A loop maintenance system receives trouble reports on all basic services, both those used with Qwest enhanced services and those used with competitive enhanced services. Trouble reports flow from the loop maintenance system through the Work Force System directly to a technician. In the area of training and education, Qwest ensures that all personnel associated with the provisioning of network services understand and apply the Commission s nondiscrimination rules applicable to enhanced services. These employees annually review the rules on nondiscrimination. Employees are advised that violation of those rules may lead to disciplinary action, up to and including dismissal. F. End-User Access This requirement obligates a carrier that provides end users the ability to use abbreviated dialing or signaling to activate or access the carrier s enhanced offerings to provide the same capabilities to end users of all enhanced services that utilize the carrier s facilities. End users access Qwest s on-line database access services through tariffs, price-lists, catalogs or RSS. Access is equal to that used by end users to reach any other provider s enhanced service at the same price and in full compliance with Commission requirements. G. CEI Availability This parameter requires that a carrier s CEI offering must be fully operational and available on the date that if offers its corresponding enhanced service to the public. It also obligates the carrier to provide prospective users of the CEI offering the opportunity to test the CEI offering with their enhanced service offerings. Pursuant to the Remand Report and Order See Phase II Reconsideration Order, 3 FCC Rcd. at In the Matter of Computer III Further Remand Proceedings: Bell Operating Company Provision of Enhanced Services; 1998 Biennial Regulatory Review -- Review of Computer III and ONA Safeguards 11

14 this testing opportunity must be provided coincident with the posting of this CEI Plan to the Internet. Qwest s on-line database access services only utilize access arrangements in a given jurisdiction that are also available to competitive ESPs. No basic service will be utilized by Qwest s on-line database access services except pursuant to this CEI Plan. Qwest will make testing capability available to competitors coincident with the posting of an original and/or amended CEI Plan to the Internet. H. Minimization of Transport Costs This requirement obligates a carrier to provide others with interconnection facilities that minimize transport costs associated with integrating enhanced services facilities with basic network facilities. As explained in the Phase II Reconsideration Order, this requirement was designed to reduce transmission cost differences between collocated Bell Operating Company ( BOC ) enhanced service operations and non-collocated ESPs. 12 The Commission stated that a carrier may satisfy this CEI/ONA requirement if it charges itself an access link rate that is the same as that paid by non-collocated enhanced service providers, provided that the access connections in each case are equivalent in technical quality. 13 The Commission further stated: When such differences do not exist, no action is required to further minimize transmission costs. 14 and Requirements, Report and Order, 14 FCC Rcd (1999) ( Remand Report and Order ); pet. for recon. granted in part and denied in part, FCC , rel. Dec. 17, 1999, 14 FCC Rcd. at See Phase II Reconsideration Order, 3 FCC Rcd. at Id. at See also In the Matter of Filing and Review of Open Network Architecture Plans, Memorandum Opinion and Order, 4 FCC Rcd. 1, (1988) ( ONA Order ). 14 See In the Matter of Pacific Bell and Nevada Bell, Plan for the Provision of Voice Mail Services, Memorandum Opinion and Order, 3 FCC Rcd. 1095, (1988) (footnote omitted). 12

15 Also, in the ONA Order, the Commission established a two mile standard for distancesensitive basic services: We find that the goal of price parity, to ensure that ESPs can obtain services at prices equal to those for the BOC s enhanced operations, is better served if [Qwest] charges its enhanced service operations served by a particular central office no less than it would for an ESP located two miles from that central office... While we do not require such virtual collocation, we find that two miles is a reasonable minimum distance for price parity associated with a distance-sensitive banded tariff. [Qwest] could accomplish this result by... charging itself the rate for the mileage band that includes two miles. We require [Qwest] to amend its plan by May 19, 1989, to describe how it will comply with this requirement. 15 In its May 19, 1989 ONA filing, Qwest clarified its procedure for imputing rates for distance-sensitive rates: [Qwest] hereby amends its plan to specify that, to meet the Commission s CEI requirements, we will impute to our collocated enhanced services operations a two mile band rate for distance sensitive transmission service, whenever the enhanced service utilizes virtual collocation principles. However, [Qwest] will impute a two mile rate only in the case of a distance sensitive transmission service collocated in a [Qwest] central office... (i.e., is in a different building), [Qwest] would, where distance sensitive transmission facilities are utilized, simply pay or impute the tariffed rate. 16 Qwest s on-line database access services operations obtain basic services from federal and/or state tariffs, price lists, catalogs or RSS and are, therefore, purchasing access connections at the same rates as are available to unaffiliated ESPs. 17 Qwest uses the mileage band that includes two miles when the on-line database access computer is located in a Qwest central office, and the tariffed rate in those instances where the computer is located in a building other than a central office. Qwest may utilize services offered under its expanded interconnection federal and/or state tariffs, price lists, catalogs or RSS, in which case its on-line database access 15 ONA Order, 4 FCC Rcd. at (footnote omitted). 16 USWC Response of May 19, 1989 at See Phase I Reconsideration Order, 2 FCC Rcd. at

16 services will pay the expanded interconnection rates even if its enhanced service equipment is located within a Qwest central office. I. Recipients of CEI This parameter requires that carriers not restrict the availability of CEI to any particular class of customer or enhanced service competitor. Both enhanced services vendors and large users are competitors of the carriers in enhanced services markets. Qwest confirms that all underlying basic services used with on-line database access services are available from federal and/or state tariffs, price lists, catalogs or RSS and will be accessible by all users for any lawful purpose. If any new basic services are to be made available to its on-line database access services operations, Qwest will make them available to competitive ESPs at the same time, in the same jurisdictions, and on the same terms and conditions, and the Commission and the industry will be notified thereof. IV. OTHER NONSTRUCTURAL SAFEGUARDS A. Allocation of Joint and Common Costs In the Verizon/Qwest Cost Forbearance Order 18 the Commission granted Qwest relief from certain cost assignment rules. On December 31, 2008 the Wireline Competition Bureau approved Qwest s compliance plan which described in detail how Qwest would fulfill its 18 In the Matter of Service Quality, Customer Satisfaction, Infrastructure and Operating Data Gathering; Petition of AT&T Inc. for Forbearance Under 47 U.S.C. 160(c) From Enforcement of Certain of the Commission s ARMIS Reporting Requirements; Petition of Qwest Corporation for Forbearance from Enforcement of the Commission s ARMIS and 492A Reporting Requirements Pursuant to 47 U.S.C. 160(c); Petition of the Embarq Local Reporting Requirements; Petition of Frontier and Citizens ILECs for Forbearance Under 47 U.S.C. 160(c) From Enforcement of Certain of the Commission s ARMIS Reporting Requirements; Petition of Verizon for Forbearance Under 47 U.S.C. 160(c) From Enforcement of Certain of the Commission s Recordkeeping and Reporting Requirements; Petition of AT&T Inc. For Forbearance Under 47 U.S.C. 160 From Enforcement of Certain of the Commission s Cost Assignment Rules, 23 FCC Rcd (2008); appeal pending sub nom. National Association of State Utility Consumer Advocates v. FCC, D.C. Cir , filed Nov. 4,

17 statutory and regulatory obligations. Qwest will comply with all commitments contained in its compliance plan. B. Nondiscrimination Reporting Qwest tracks promised installation dates met and maintenance time intervals for basic services provided to Qwest s on-line database access services operations and for those provided to other ESPs via field identifier codes in the service order process. Based on the Commission s Report and Order, nondiscrimination reports are prepared and filed quarterly. 19 These reports are aggregated with other Qwest services offered pursuant to CEI plans, and a single companion report filed for all such services. C. Disclosure of Network Information Pursuant to Section 251(c)(5), the Commission adopted rules requiring incumbent local exchange carriers ( ILEC ) to give competing service providers complete information about network design, technical standards, and planned changes to the network. 20 In its rules, the Commission said that an ILEC may provide the required public notice of network changes by filing a public notice with the Commission or by providing public notice through industry fora, industry publications, or the ILEC s Internet site. 21 The Commission concluded that the disclosure standard upon which the rules under Section 251(c)(5) are based was consistent with the scope of the Computer III disclosure requirements. 22 All interfaces offered by Qwest have been disclosed pursuant to the Commission s network disclosure rules See Report and Order, 104 FCC 2d at See 47 C.F.R See 47 C.F.R See Remand Report and Order, 14 FCC Rcd See 47 C.F.R , et seq. 15

18 V. DEREGULATED OR DETARIFFED BASIC SERVICES Several Qwest jurisdictions may have detariffed some of the basic services utilized by Qwest s on-line database access services as described herein. In no Qwest jurisdiction is any basic service completely deregulated. In those jurisdictions where any of the basic services utilized to provide Qwest s on-line database access services have been detariffed, the basic services are available on a nondiscriminatory basis, pursuant to a publicly-available price list that will be published at reasonable times prior to implementation of the basic service in question. Of course, in jurisdictions where detariffing of other basic services has been accomplished, similar public notices of such new basic services will likewise be accomplished. Federal and/or state tariffs, price lists, catalogs or RSS for these basic services may be viewed on Qwest s Internet web site VI. CONCLUSION Qwest has demonstrated herein that its currently offered on-line database access services comply with all Commission-mandated CEI requirements and serve the public interest. Barring further action by the Commission, Qwest will continue to offer its on-line database access services pursuant to the terms and conditions described herein. 16