Common use of Construction Charges Clause in Contracts

Construction Charges. Subject to the requirements in Section 9.1.2 of the Agreement, Qwest 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 Qwest constructs to fulfill CLEC's request for UNEs other than pursuant to terms and conditions applicable to Qwest’s retail End User Customers, Qwest will bid this construction on a case-by-case basis. Qwest will charge for the construction through non-recurring charges and a term agreement for the remaining recurring charge, as described in the Construction Charges Section of the equivalent retail service Tariff or alternatively at CLEC’s election through an advance payment of a Special Construction price quote. Qwest will impose these Construction charges only when Qwest agrees to construct facilities in response to (a) CLEC requests for UNEs outside of Qwest’s current service area or (b) CLEC requests for UNEs at a location that is served by facilities that are already at full capacity and the CLEC request would require Qwest to construct facilities in larger quantities or at a higher grade of service than Qwest provides to its Retail End User Customer or when CLEC elects to request construction in lieu of having an order held for lack of available facilities. Qwest will treat the CLEC's order consistently with how Qwest would treat a Retail End User Customer order for services that require construction of comparable facilities. When CLEC orders the same or substantially similar service or facilities available to Qwest Retail End User Customers, nothing in this Section shall be interpreted to authorize Qwest 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 Qwest Retail End User Customer. If Qwest agrees to construct facilities that satisfies the description of one (1) or more UNEs contained in this agreement, those facilities shall be deemed UNEs. The request process for UNE construction is sometimes referred to as “Competitive Local Exchange Carrier (CLEC) Requested Unbundled Network Elements (UNE) Construction” or “CRUNEC”. The request process for UNE construction is not required for requests that can be resolved as described in Section 9.1.2.1.1. 9.19.1 To initiate the construction of additional UNE facilities, CLEC must submit a request by contacting the Qwest Service Manager.

Construction Charges. Subject to the requirements in Section 9.1.2 of the Agreement, Qwest 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 Qwest constructs to fulfill CLEC's request for UNEs other than pursuant to terms and conditions applicable to Qwest’s retail End User Customers, Qwest will bid this construction on a case-by-case basis. Qwest will charge for the construction through non-recurring nonrecurring charges and a term agreement for the remaining recurring charge, as described in the Construction Charges Section of the equivalent retail service Tariff tariff or alternatively at CLEC’s election through an advance payment of a Special Construction price quote. Qwest will impose these Construction charges only when Qwest agrees to construct facilities in response to (a) CLEC requests for UNEs outside of Qwest’s current service area or (b) CLEC requests for UNEs at a location that is served by facilities that are already at full capacity and the CLEC request would require Qwest to construct facilities in larger quantities or at a higher grade of service than Qwest provides to its Retail End User Customer or when CLEC elects to request construction in lieu of having an order held for lack of available facilities. Qwest will treat the CLEC's order consistently with how Qwest would treat a Retail End User Customer order for services that require construction of comparable facilities. When CLEC orders the same or substantially similar service or facilities available to Qwest Retail End User Customers, nothing in this Section shall be interpreted to authorize Qwest 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 Qwest Retail End User Customer. If Qwest agrees to construct facilities that satisfies the description of one (1) or more UNEs contained in this agreement, those facilities shall be deemed UNEs. The request process for UNE construction is sometimes referred to as “Competitive Local Exchange Carrier (CLEC) Requested Unbundled Network Elements (UNE) Construction” or “CRUNEC”. The request process for UNE construction is not required for requests that can be resolved as described in Section 9.1.2.1.1. 9.19.1 To initiate the construction of additional UNE facilities, CLEC must submit a request by contacting the Qwest Service Manager.

Construction Charges. Subject Qwest will assess whether to build for CLEC in the requirements in Section 9.1.2 of the Agreement, same manner that it assesses whether to build for itself. Qwest 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 Qwest constructs to fulfill CLEC's request for UNEs other than pursuant to terms and conditions applicable to Qwest’s retail End User CustomersUNEs, Qwest will bid this construction on a case-by-case basis. Qwest will charge for the construction through non-recurring nonrecurring charges and a term agreement for the remaining recurring charge, as described in the Construction Charges this Section of the equivalent retail service Tariff or alternatively at CLEC’s election through an advance payment of a Special Construction price quote. Qwest will impose these Construction charges only when Qwest agrees to construct facilities in response to (a) CLEC requests for UNEs outside of Qwest’s current service area or (b) CLEC requests for UNEs at a location that is served by facilities that are already at full capacity and the CLEC request would require Qwest to construct facilities in larger quantities or at a higher grade of service than Qwest provides to its Retail End User Customer or when CLEC elects to request construction in lieu of having an order held for lack of available facilities. Qwest will treat the CLEC's order consistently with how Qwest would treat a Retail End User Customer order for services that require construction of comparable facilities9.19. When CLEC orders the same or substantially similar service or facilities available to Qwest Retail End User Customers, nothing in this Section shall be interpreted to authorize Qwest 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 Qwest Retail End User Customer. 9.19.1 Qwest reserves the right to determine if Qwest will undertake requested construction. Some circumstances under which Qwest will reject a construction request include, but are not limited to, if it is determined that the requested element will jeopardize the reliability of Qwest's existing network, endanger Qwest's employees or consumers, is not consistent with the National Electrical Code (NEC), or does not meet Network Equipment Building Standards (NEBS) requirements. If Qwest agrees to construct a network element, the following will apply. 9.19.2 CLEC may request that Qwest construct new facilities that satisfies for use in providing services offered as Unbundled Network Elements (UNEs) using the description of one (1) or more UNEs contained in this agreement, those facilities shall be deemed UNEs. The request process for UNE construction is sometimes referred to as “Competitive Local Exchange Carrier (CLEC) -Requested Unbundled Network Elements Construction (UNE) Construction” or “CRUNEC”) method. The request process for UNE construction 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 described in Section 9.1.2.1.1.UNEs. Qwest's CRUNEC applies to the following Wholesale products and services: • Enhanced Extended Loop (EEL) • Unbundled Subloop • Unbundled Dark Fiber (UDF) • Unbundled Dedicated Interoffice Transport (▇▇▇▇) • Unbundled Local Loop 9.19.1 9.19.2.1 To initiate the make a request for construction of additional UNE facilities, CLEC must submit a CRUNEC request by contacting the Qwest Service Managerservice manager.