Common use of Terms and Conditions Clause in Contracts

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's location to deliver training, CLEC will pay Qwest's reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User Customers, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customer. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other non-Telecommunications Services such as inside wiring installation, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and information services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of- way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User Customers. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 61 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

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Terms and Conditions. 6.2.1 Qwest CenturyLink shall offer introductory training on procedures that CLEC must use to access QwestCenturyLink's OSS at no cost to CLEC. If CLEC asks Qwest CenturyLink personnel to travel to CLEC's location to deliver training, CLEC will pay QwestCenturyLink's reasonable travel related expenses. Qwest CenturyLink may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest CenturyLink sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest CenturyLink retail End User Customers, with no wholesale discount. Should Qwest CenturyLink re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from QwestCenturyLink. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest CenturyLink will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest CenturyLink before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at QwestCenturyLink's web site in the Resale General Product Catalog. Use of the Qwest CenturyLink certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest CenturyLink to a Qwest CenturyLink retail End User Customer. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest CenturyLink retail rates with no wholesale discount. Other non-Telecommunications Services such as inside wiring installation, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and information services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest CenturyLink will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in QwestCenturyLink's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest CenturyLink retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CenturyLink CSA, but wishes to provide such service through alternate resale arrangements, Qwest CenturyLink shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest CenturyLink shall be entitled to apply provisions that provide Qwest CenturyLink substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest CenturyLink facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest CenturyLink may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- multi-tenant building. Should Qwest CenturyLink bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of- of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest CenturyLink for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems, within the same Qwest CenturyLink Wire Center, and provisioned to the same location, CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest CenturyLink retail prices for such services. 6.2.3 Qwest CenturyLink shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest CenturyLink provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and QwestCenturyLink's retail End User Customers. Qwest CenturyLink shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest CenturyLink further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of QwestCenturyLink's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest CenturyLink as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest CenturyLink shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest CenturyLink retail services, if any. Such credits shall be limited in accordance with the following: a) QwestCenturyLink's service credits to CLEC shall be subject to the wholesale discount; b) Qwest CenturyLink shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest CenturyLink is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 25 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Terms and Conditions. 6.2.1 Qwest CenturyLink shall offer introductory training on procedures that CLEC must use to access QwestCenturyLink's OSS at no cost to CLEC. If CLEC asks Qwest CenturyLink personnel to travel to CLEC's location to deliver training, CLEC will pay QwestCenturyLink's reasonable travel related expenses. Qwest CenturyLink may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest CenturyLink sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest CenturyLink retail End User Customers, with no wholesale discount. Should Qwest CenturyLink re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this SectionIntentionally Left Blank. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest CenturyLink to a Qwest CenturyLink retail End User Customer. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest CenturyLink retail rates with no wholesale discount. Other non-Telecommunications Services such as inside wiring installation, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and information services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest CenturyLink will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in QwestCenturyLink's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest CenturyLink retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CenturyLink CSA, but wishes to provide such service through alternate resale arrangements, Qwest CenturyLink shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest CenturyLink shall be entitled to apply provisions that provide Qwest CenturyLink substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest CenturyLink facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest CenturyLink may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- multi-tenant building. Should Qwest CenturyLink bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of- of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest CenturyLink for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems, within the same Qwest CenturyLink Wire Center, and provisioned to the same location, CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest CenturyLink retail prices for such services. 6.2.3 Qwest CenturyLink shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest CenturyLink provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and QwestCenturyLink's retail End User Customers. Qwest CenturyLink shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest CenturyLink further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of QwestCenturyLink's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest CenturyLink as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest CenturyLink shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest CenturyLink retail services, if any. Such credits shall be limited in accordance with the following: a) QwestCenturyLink's service credits to CLEC shall be subject to the wholesale discount; b) Qwest CenturyLink shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest CenturyLink is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 13 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Terms and Conditions. 6.2.1 Qwest CenturyLink shall offer introductory training on procedures that CLEC must use to access QwestCenturyLink's OSS at no cost to CLEC. If CLEC asks Qwest CenturyLink personnel to travel to CLEC's location to deliver training, CLEC will pay QwestCenturyLink's reasonable travel related expenses. Qwest CenturyLink may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest CenturyLink sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest CenturyLink retail End User Customers, with no wholesale discount. Should Qwest CenturyLink re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from QwestCenturyLink. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest CenturyLink will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest CenturyLink before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at QwestCenturyLink's web site in the Resale General Product Catalog. Use of the Qwest CenturyLink certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest CenturyLink to a Qwest CenturyLink retail End User Customer. 6.2.2.5 Inside wiring maintenance plans and installation are available for resale at Qwest retail rates with no the wholesale discount. discount provided in Exhibit A. Other non-Telecommunications Services Services, such as inside wiring installation, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discountresale. Enhanced Services and information services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest CenturyLink will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in QwestCenturyLink's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest CenturyLink retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest CenturyLink facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest CenturyLink may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- multi-tenant building. Should Qwest CenturyLink bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of- of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest CenturyLink for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems, within the same Qwest CenturyLink Wire Center, and provisioned to the same location, CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest CenturyLink retail prices for such services. 6.2.3 Qwest CenturyLink shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest CenturyLink provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and QwestCenturyLink's retail End User Customers. Qwest CenturyLink shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest CenturyLink further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of QwestCenturyLink's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest CenturyLink as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest CenturyLink shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest CenturyLink retail services, if any. Such credits shall be limited in accordance with the following: a) QwestCenturyLink's service credits to CLEC shall be subject to the wholesale discount; b) Qwest CenturyLink shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest CenturyLink is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 8 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's ’s OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's ’s location to deliver training, CLEC will pay Qwest's ’s reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User CustomersUsers, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day day or less promotion period following the initial ninety (90) Day day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials Trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, services are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User CustomerUser. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other nonNon-Telecommunications Services Services, such as inside wiring installationand maintenance, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services services and information servicesInformation Services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's ’s applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User a Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers Users in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers Users of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and a CLEC's ’s serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register Network Access Register and private facility Private Facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., i.e. Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's ’s location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where A CLEC has with multiple buildings within contiguous property (campus), such buildings ) will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by a single CLEC and not separated by public thoroughfare, river or railroad rights-of- of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where A CLEC has with Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC location will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single Centrex CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s a CLEC location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User Customers. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 7 contracts

Samples: Telecommunications, Interconnection Agreement, Telecommunications

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's location to deliver training, CLEC will pay Qwest's reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User Customers, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customer. 6.2.2.5 Inside wiring maintenance plans and installation are available for resale at Qwest retail rates with no the wholesale discount. discount provided in Exhibit A. Other non-Telecommunications Services Services, such as inside wiring installation, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discountresale. Enhanced Services and information services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of- way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User Customers. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 3 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Terms and Conditions. 6.2.1 Qwest CenturyLink shall offer introductory training on procedures that CLEC must use to access QwestCenturyLink's OSS at no cost to CLEC. If CLEC asks Qwest CenturyLink personnel to travel to CLEC's location to deliver training, CLEC will pay QwestCenturyLink's reasonable travel related expenses. Qwest CenturyLink may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest CenturyLink sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest CenturyLink retail End User Customers, with no wholesale discount. Should Qwest CenturyLink re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from QwestCenturyLink. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest CenturyLink will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest CenturyLink before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at QwestCenturyLink's web site in the Resale General Product Catalog. Use of the Qwest CenturyLink certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest CenturyLink to a Qwest CenturyLink retail End User Customer. 6.2.2.5 Inside wiring maintenance plans and installation are available for resale at Qwest retail rates with no the wholesale discount. discount provided in Exhibit A. Other non-Telecommunications Services Services, such as inside wiring installation, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and information services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of- way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User Customers. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's location to deliver training, CLEC will pay Qwest's reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User Customers, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services services, and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's ’s behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's ’s web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customer. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other non-Telecommunications Services such as inside wiring installation, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and information services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of- way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s a CLEC location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User Customers. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's location to deliver training, CLEC will pay Qwest's reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers end user customers to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User Customerscustomers, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC only to the same class of End User Customers end user customers eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customercustomer. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other non-Telecommunications Services such as inside wiring installation, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and information services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer end user customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers retail customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers end user customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of- way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers retail customers must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User Customerscustomers. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's ’s OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's ’s location to deliver training, CLEC will pay Qwest's ’s reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers end user to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2Section. 6.2.2.1 Promotional offerings of ninety (90) Days days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User Customersend users, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day day or less promotion period following the initial ninety (90) Day day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials Trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, services are available for resale by CLEC only to the same class of End User Customers end user eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 “E911/911” service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customerend user. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other nonNon-Telecommunications Services Services, such as inside wiring installationand maintenance, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services services and information services, services other than voice messaging, messaging are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's ’s applicable Tariffs, catalogsCatalogs, price listsPrice Lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer end user that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers end users of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's ’s serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch switch may have network access register Network Access Register and private facility Private Facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., i.e. Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's ’s location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switchswitch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has with multiple buildings within contiguous property (campus), such buildings ) will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by a single CLEC and not separated by public thoroughfare, river or railroad rights-of- of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has with Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC location will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single Centrex CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left BlankReserved for Future Use. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers end users must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliatesaffiliates, other Resellersresellers, and Qwest's ’s retail End User Customersend users. Qwest shall also provide resold services to CLEC in accordance with the Commission's ’s retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's ’s retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) 6.2.3.1.1 Qwest's ’s service credits to CLEC shall be subject to the wholesale discount; b) 6.2.3.1.2 Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of the CLEC; c) Intentionally Left Blank6.2.3.1.3 Qwest shall not be liable to provide service credits to CLEC if CLEC is not subject to the Commission’s service quality requirements; 6.2.3.1.4 Qwest shall not be liable to provide service credits to CLEC if CLEC does not provide service quality credits to its end users. 6.2.3.1.5 In no case shall Qwest’s credits to CLEC exceed the amount Qwest would pay a Qwest end user under the service quality requirements, less any wholesale discount applicable to CLEC’s resold services.

Appears in 1 contract

Samples: Telecommunications

Terms and Conditions. 6.2.1 Qwest CenturyLink shall offer introductory training on procedures that CLEC Reseller must use to access QwestCenturyLink's OSS at no cost to CLECReseller. If CLEC Reseller asks Qwest CenturyLink personnel to travel to CLECReseller's location to deliver training, CLEC Reseller will pay QwestCenturyLink's reasonable travel related expenses. Qwest CenturyLink may also offer to CLEC Reseller other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest CenturyLink sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest CenturyLink retail End User Customers, with no wholesale discount. Should Qwest CenturyLink re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC Reseller for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC Reseller only to the same class of End User Customers eligible to purchase these services from QwestCenturyLink. 6.2.2.3.1 If CLEC Reseller is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest CenturyLink will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC Reseller is not an ETC and if CLEC Reseller wishes to resell TAP services, CLEC Reseller shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC Reseller shall complete and provide such certification to Qwest CenturyLink before CLEC Reseller purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at QwestCenturyLink's web site in the Resale General Product Catalog. Use of the Qwest CenturyLink certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC Reseller whenever E911/911 service would be provided on the same line if provided by Qwest CenturyLink to a Qwest CenturyLink retail End User Customer. 6.2.2.5 Inside wiring maintenance plans and installation are available for resale at Qwest retail rates with no the wholesale discount. discount provided in Exhibit A. Other non-Telecommunications Services Services, such as inside wiring installation, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and information services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of- way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User Customers. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 1 contract

Samples: Resale Agreement

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's ’s OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's ’s location to deliver training, CLEC will pay Qwest's ’s reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers end user to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User Customersend users, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day day or less promotion period following the initial ninety (90) Day day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials Trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, services are available for resale by CLEC only to the same class of End User Customers end user eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customerend user. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other nonNon-Telecommunications Services Services, such as inside wiring installationand maintenance, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services services and information services, services other than voice messaging, messaging are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's ’s applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer end user that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer a customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers end users in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers end users of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and a CLEC's ’s serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office central office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office central office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register Network Access Register and private facility Private Facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., i.e. Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's ’s location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- multi-tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where A CLEC has with multiple buildings within contiguous property (campus), such buildings ) will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by a single CLEC and not separated by public thoroughfare, river or railroad rights-of- of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where A CLEC has with Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC location will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single Centrex CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office central office as CLEC’s a CLEC location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank.Reserved for Future Use 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers end users must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliatesaffiliates, other Resellers, and Qwest's ’s retail End User Customersend users. Qwest shall also provide resold services to CLEC in accordance with the Commission's ’s retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's ’s retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) 6.2.3.1.1 Qwest's ’s service credits to CLEC shall be subject to the wholesale discount; b) 6.2.3.1.2 Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of the CLEC; c) 6.2.3.1.3 Intentionally Left Blank.

Appears in 1 contract

Samples: Telecommunications

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's ’s OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's ’s location to deliver training, CLEC will pay Qwest's ’s reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers Customer to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User Customers, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials Trials of ninety (90) days Days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, services are available for resale by CLEC only to the same class of End User Customers Customer eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 serviceService) is provided with each local Local Exchange Service line resold by CLEC whenever E911/911 service Service would be provided on the same line if provided by Qwest to a Qwest retail End User Customer. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other nonNon-Telecommunications Services Services, such as inside wiring installationand maintenance, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and information services, Information Services other than voice messaging, messaging are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's ’s applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User a Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers Users in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's ’s serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching Switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching Switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register Network Access Register and private facility Private Facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., i.e. Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's ’s location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where A CLEC has with multiple buildings within contiguous property (campus), such buildings ) will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by a single CLEC and not separated by public thoroughfare, river or railroad rights-of- of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where A CLEC has with Centrex station lines from multiple Central Office switching Switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC location will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single Centrex CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s a CLEC location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User Customers. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 1 contract

Samples: Telecommunications

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's ’s OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's ’s location to deliver training, CLEC will pay Qwest's ’s reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User CustomersUsers, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day day or less promotion period following the initial ninety (90) Day day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials Trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, services are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User CustomerUser. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other nonNon-Telecommunications Services Services, such as inside wiring installationand maintenance, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced services and Information Services and information services, other than voice messaging, messaging are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's ’s applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User a Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers Users in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers Users of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and a CLEC's ’s serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register Network Access Register and private facility Private Facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., i.e. Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's ’s location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where A CLEC has with multiple buildings within contiguous property (campus), such buildings ) will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by a single CLEC and not separated by public thoroughfare, river or railroad rights-of- of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where A CLEC has with Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC location will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single Centrex CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s a CLEC location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User Customers. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 1 contract

Samples: Interconnection Agreement

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Terms and Conditions. 6.2.1 Qwest CenturyLink shall offer introductory training on procedures that CLEC Reseller must use to access QwestCenturyLink's OSS at no cost to CLECReseller. If CLEC Reseller asks Qwest CenturyLink personnel to travel to CLECReseller's location to deliver training, CLEC Reseller will pay QwestCenturyLink's reasonable travel related expenses. Qwest CenturyLink may also offer to CLEC Reseller other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest CenturyLink sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest CenturyLink retail End User Customers, with no wholesale discount. Should Qwest CenturyLink re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC Reseller for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC Reseller only to the same class of End User Customers eligible to purchase these services from QwestCenturyLink. 6.2.2.3.1 If CLEC Reseller is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest CenturyLink will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC Reseller is not an ETC and if CLEC Reseller wishes to resell TAP services, CLEC Reseller shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC Reseller shall complete and provide such certification to Qwest CenturyLink before CLEC Reseller purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at QwestCenturyLink's web site in the Resale General Product Catalog. Use of the Qwest CenturyLink certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC Reseller whenever E911/911 service would be provided on the same line if provided by Qwest CenturyLink to a Qwest CenturyLink retail End User Customer. 6.2.2.5 Inside wiring maintenance plans and installation are available for resale at Qwest retail rates with no the wholesale discount. discount provided in Exhibit A. Other non-Telecommunications Services Services, such as inside wiring installation, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discountresale. Enhanced Services and information servicesInformation Services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest CenturyLink will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in QwestCenturyLink's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest CenturyLink retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC Reseller to existing End User Customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLECReseller's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC Reseller within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC Reseller may purchase multiple common blocks within a single Central Office switching system when CLEC Reseller requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC Reseller with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLECReseller's location. A location is defined as the site where Qwest CenturyLink facilities (cable plant from the serving Central Office Switch) meet CLEC Reseller facilities (inside wire). In a multi-tenant building, Qwest CenturyLink may bring facilities directly to a single Point of Interconnection with CLEC Reseller facilities, typically in a basement equipment room, which would be considered a single location for this multi- multi-tenant building. Should Qwest CenturyLink bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC Reseller facilities termination point is considered a location. Where CLEC Reseller has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC Reseller and not separated by public thoroughfare, river or railroad rights-of- of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest CenturyLink for its facilities. Where CLEC Reseller has Centrex station lines from multiple Central Office switching systems, within the same Qwest CenturyLink Wire Center, and provisioned to the same location, CLEC Reseller will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Reseller Centrex system to a single CLEC Reseller serving location for rating purposes. CLEC Reseller may not specify a Central Office as CLECReseller’s location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC Reseller for its own use and not resold to End User Customers must be identified by CLEC Reseller as such, and CLEC Reseller will pay Qwest CenturyLink retail prices for such services. 6.2.3 Qwest CenturyLink shall provide to CLEC Reseller Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest CenturyLink provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and QwestCenturyLink's retail End User Customers. Qwest CenturyLink shall also provide resold services to CLEC Reseller in accordance with the Commission's retail service quality requirements, if any. Qwest CenturyLink further agrees to reimburse CLEC Reseller for credits or fines and penalties assessed against CLEC Reseller as a result of QwestCenturyLink's failure to provide service to CLECReseller, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest CenturyLink as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest CenturyLink shall provide service credits to CLEC Reseller for resold services in accordance with the Commission's retail service requirements that apply to Qwest CenturyLink retail services, if any. Such credits shall be limited in accordance with the following: a) QwestCenturyLink's service credits to CLEC Reseller shall be subject to the wholesale discount; b) Qwest CenturyLink shall only be liable to provide service credits in accordance with the resold services provided to CLECReseller. Qwest CenturyLink is not required to provide service credits for service failures that are the fault of CLECReseller; c) Intentionally Left Blank.

Appears in 1 contract

Samples: Resale Agreement

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's ’s OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's ’s location to deliver training, CLEC will pay Qwest's ’s reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers end user to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2Section. 6.2.2.1 Promotional offerings of ninety (90) Days days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User Customersend users, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day day or less promotion period following the initial ninety (90) Day day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials Trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, services are available for resale by CLEC only to the same class of End User Customers end user eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 “E911/911” service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customerend user. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other non[SEE STATE SPECIFIC LANGUAGE FOR OR]Non-Telecommunications Services Services, such as inside wiring installationand maintenance, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and information services, other than voice messaging, are not available for resale.[SEE STATE SPECIFIC LANGUAGE FOR ALL STATES 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's ’s applicable Tariffs, catalogsCatalogs, price listsPrice Lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer end user that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers end users of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's ’s serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch switch may have network access register Network Access Register and private facility Private Facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., i.e. Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's ’s location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switchswitch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- multi-tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has with multiple buildings within contiguous property (campus), such buildings ) will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by a single CLEC and not separated by public thoroughfare, river or railroad rights-of- of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has with Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC location will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single Centrex CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 [SEE STATE SPECIFIC LANGUAGE FOR OR] Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left BlankReserved for Future Use. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers end users must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliatesaffiliates, other Resellersresellers, and Qwest's ’s retail End User Customersend users. Qwest shall also provide resold services to CLEC in accordance with the Commission's ’s retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's ’s retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) 6.2.3.1.1 Qwest's ’s service credits to CLEC shall be subject to the wholesale discount; b) 6.2.3.1.2 Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of the CLEC; c) Intentionally Left Blank6.2.3.1.3 Qwest shall not be liable to provide service credits to CLEC if CLEC is not subject to the Commission’s service quality requirements; 6.2.3.1.4 Qwest shall not be liable to provide service credits to CLEC if CLEC does not provide service quality credits to its end users. 6.2.3.1.5 In no case shall Qwest’s credits to CLEC exceed the amount Qwest would pay a Qwest end user under the service quality requirements, less any wholesale discount applicable to CLEC’s resold services.

Appears in 1 contract

Samples: Telecommunications

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's location to deliver training, CLEC will pay Qwest's reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User Customers, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customer. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other non-Telecommunications Services such as inside wiring installation, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and information services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) entered into by Qwest and CLEC available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. CLEC may take assignment of Qwest's retail End User Customer's existing CSAs and 1) such assignments shall not trigger any otherwise applicable early termination charges; and 2) CLEC shall pay the full retail rate that would have been paid by the retail End User Customer for the remaining term of the assigned CSA. Should CLEC early terminate a CSA that was assigned to CLEC by a Qwest retail End User Customer, then any early termination charges included in the original CSA shall apply to CLEC. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates terminates, but does not assign a CSACSA to CLEC, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of- way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User Customers. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 1 contract

Samples: Interconnection Agreement

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's ’s OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's ’s location to deliver training, CLEC will pay Qwest's ’s reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User CustomersUsers, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials Trials of ninety (90) days Days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, services are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User CustomerUser. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other nonNon-Telecommunications Services Services, such as inside wiring installationand maintenance, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discountresale. Enhanced services and Information Services and information services, other than voice messaging, messaging are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's ’s applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer end user that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers Users of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's ’s serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register Network Access Register and private facility Private Facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., i.e. Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's ’s location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has with multiple buildings within contiguous property (campus), such buildings ) will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by a single CLEC and not separated by public thoroughfare, river or railroad rights-of- of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has with Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC location will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single Centrex CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s a CLEC location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User Customers. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 1 contract

Samples: Interconnection Agreement

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's location to deliver training, CLEC will pay Qwest's reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User Customers, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customer. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other non-Telecommunications Services such as inside wiring installation, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and information services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of- way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User Customers. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 1 contract

Samples: Interconnection Agreement

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's ’s OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's ’s location to deliver training, CLEC will pay Qwest's ’s reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers end user to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2Section. 6.2.2.1 Promotional offerings of ninety (90) Days days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User Customersend users, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day day or less promotion period following the initial ninety (90) Day day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials Trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, services are available for resale by CLEC only to the same class of End User Customers end user eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 “E911/911” service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customerend user. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other non[SEE STATE SPECIFIC LANGUAGE FOR OR]Non-Telecommunications Services Services, such as inside wiring installationand maintenance, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and information services, other than voice messaging, are not available for resale.[SEE STATE SPECIFIC LANGUAGE FOR ALL STATES 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's ’s applicable Tariffs, catalogsCatalogs, price listsPrice Lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer end user that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers end users of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's ’s serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch switch may have network access register Network Access Register and private facility Private Facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., i.e. Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's ’s location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switchswitch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has with multiple buildings within contiguous property (campus), such buildings ) will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by a single CLEC and not separated by public thoroughfare, river or railroad rights-of- of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has with Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC location will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single Centrex CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 [SEE STATE SPECIFIC LANGUAGE FOR OR] Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left BlankReserved for Future Use. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers end users must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliatesaffiliates, other Resellersresellers, and Qwest's ’s retail End User Customersend users. Qwest shall also provide resold services to CLEC in accordance with the Commission's ’s retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's ’s retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's ’s service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of the CLEC; c) Intentionally Left BlankQwest shall not be liable to provide service credits to CLEC if CLEC is not subject to the Commission’s service quality requirements; d) Qwest shall not be liable to provide service credits to CLEC if CLEC does not provide service quality credits to its end users. e) In no case shall Qwest’s credits to CLEC exceed the amount Qwest would pay a Qwest end user under the service quality requirements, less any wholesale discount applicable to CLEC’s resold services. f) In no case shall Qwest be required to provide duplicate reimbursement or payment to CLEC for any service quality failure incident. 6.2.3.2 Fines and Penalties --- Qwest shall be liable to pay to CLEC fines and penalties for resold services in accordance with the Commission’s retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest’s fines and penalties paid to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide fines and penalties in accordance with the resold services provided to CLEC. Qwest is not required to pay fines and penalties for service failures that are the fault of the CLEC; c) Qwest shall not be liable to provide fines and penalties to CLEC if CLEC is not subject to the Commission’s fine and penalty requirements for service quality; d) In no case shall Qwest’s fines and penalties to CLEC exceed the amount Qwest would pay the Commission under the service quality plan, less any wholesale discount applicable to CLEC’s resold services. e) In no case shall Qwest be required to provide duplicate reimbursement or payment to CLEC for any service quality failure incident. 6.2.4 In the event that there are existing agreements between CLEC and Qwest for resale under Qwest retail Tariff discounts, CLEC may elect to continue to obtain services for resale under the existing agreements and retail Tariff discounts, or CLEC may elect to terminate such existing agreements and obtain such services by adopting this Agreement pursuant to the General Terms of this Agreement. If CLEC so adopts this Agreement, the associated wholesale discount specified in Exhibit A of this Agreement will apply. 6.2.5 [Reserved for future use] 6.2.6 The Parties may not reserve blocks of telephone numbers except as allowed by applicable law or regulation. 6.2.7 Qwest will accept at no charge one primary white pages directory listing for each main telephone number belonging to CLEC’s end user based on end user information provided to Qwest by CLEC. Qwest will place CLEC’s end users’ listings in Qwest’s directory assistance database and will include such listings in Qwest’s directory assistance service. Additional terms and conditions with respect to directory listings are described in the Ancillary Services Section and the Qwest Dex Section of this Agreement. 6.2.8 Qwest shall provide to CLEC, for CLEC’s end users, E911/911 call routing to the appropriate Public Safety Answering Point (“PSAP”). Qwest shall not be responsible for any failure of CLEC to provide accurate end-user information for listings in any databases in which Qwest is required to retain and/or maintain such information. Qwest shall provide CLEC’s end user information to the Automatic Location Identification/Database Management System (“ALI/DMS”). Qwest shall use its standard process to update and maintain CLEC’s end user service information in the ALI/DMS used to support E911/911 services on the same schedule that it uses for its retail end users. Qwest assumes no liability for the accuracy of information provided by CLEC. 6.2.9 If Qwest provides and CLEC accepts Qwest’s directory assistance service or operator services for CLEC’s resold local Exchange Service lines, IntraLATA, such directory assistance and operator services may be provided with branding as provided in the Ancillary Services Section of this Agreement. 6.2.10 CLEC shall designate the Primary Interexchange Carrier (PIC) assignments on behalf of its end users for InterLATA and IntraLATA services. CLEC and Qwest shall follow all applicable laws, rules and regulations with respect to PIC changes. Qwest shall disclaim any liability for CLEC’s improper InterLATA and IntraLATA PIC change requests, and CLEC shall disclaim any liability for Qwest’s improper InterLATA (when applicable) and IntraLATA PIC change requests. 6.2.11 When end users switch from Qwest to CLEC, or to CLEC from any other Reseller and if they do not change their service address to an address served by a different central office, such end users shall be permitted to retain their current telephone numbers if they so desire. 6.2.12 In the event Qwest terminates the provisioning of any resold services to CLEC for any reason CLEC shall be responsible for providing any and all necessary notice to its end users of the termination. In no case shall Qwest be responsible for providing such notice to CLEC’s end users. Qwest will provide notice to CLEC of Qwest’s termination of a resold service on a timely basis consistent with Commission rules and notice requirements. 6.2.13 The underlying network provider of a resold service shall be entitled to receive, from the purchaser of Switched Access, the appropriate access charges pursuant to its then effective Switched Access Tariff. 6.2.14 Resold services are available where facilities currently exist and are capable of providing such services without construction of additional facilities or enhancement of existing facilities. However, if CLEC requests that facilities be constructed or enhanced to provide resold services, Qwest will construct facilities to the extent necessary to satisfy its obligations to provide basic local Exchange Service as set forth in Qwest’s Exchange and Network Services Tariff (Colorado only for name of Tariff) and Commission rules. Under such circumstances, Qwest will develop and provide to CLEC a price quote for the construction. Construction charges associated with resold services will be applied in the same manner that construction charges apply to Qwest retail end users. If the quote is accepted by CLEC, CLEC will be billed the quoted price and construction will commence after receipt of payment.

Appears in 1 contract

Samples: Telecommunications

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's ’s OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's ’s location to deliver training, CLEC will pay Qwest's ’s reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User CustomersUsers, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials Trials of ninety (90) days Days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, services are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User CustomerUser. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other nonNon-Telecommunications Services Services, such as inside wiring installationand maintenance, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services services and information servicesInformation Services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's ’s applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User a Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers Users in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers Users of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's ’s serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register Network Access Register and private facility Private Facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., i.e. Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's ’s location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where A CLEC has with multiple buildings within contiguous property (campus), such buildings ) will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by a single CLEC and not separated by public thoroughfare, river or railroad rights-of- of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where A CLEC has with Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC location will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single Centrex CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s a CLEC location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left BlankReserved for Future Use. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers Users must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's ’s retail End User CustomersUsers. Qwest shall also provide resold services to CLEC in accordance with the Commission's ’s retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's ’s retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's ’s service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 1 contract

Samples: Telecommunications

Terms and Conditions. 6.2.1 Qwest CenturyLink shall offer introductory training on procedures that CLEC must use to access QwestCenturyLink's OSS at no cost to CLEC. If CLEC asks Qwest CenturyLink personnel to travel to CLEC's location to deliver training, CLEC will pay QwestCenturyLink's reasonable travel related expenses. Qwest CenturyLink may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest CenturyLink sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest CenturyLink retail End User Customers, with no wholesale discount. Should Qwest CenturyLink re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from QwestCenturyLink. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest CenturyLink will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest CenturyLink before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at QwestCenturyLink's web site in the Resale General Product Catalog. Use of the Qwest CenturyLink certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest CenturyLink to a Qwest CenturyLink retail End User Customer. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest CenturyLink retail rates with no wholesale discount. Other non-Telecommunications Services such as inside wiring installation, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discountresale. Enhanced Services and information services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest CenturyLink will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in QwestCenturyLink's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest CenturyLink retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CenturyLink CSA, but wishes to provide such service through alternate resale arrangements, Qwest CenturyLink shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest CenturyLink shall be entitled to apply provisions that provide Qwest CenturyLink substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest CenturyLink facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest CenturyLink may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- multi-tenant building. Should Qwest CenturyLink bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of- of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest CenturyLink for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems, within the same Qwest CenturyLink Wire Center, and provisioned to the same location, CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Qwest CenturyLink retail prices for such services. 6.2.3 Qwest CenturyLink shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest CenturyLink provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and QwestCenturyLink's retail End User Customers. Qwest CenturyLink shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest CenturyLink further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of QwestCenturyLink's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest CenturyLink as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest CenturyLink shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest CenturyLink retail services, if any. Such credits shall be limited in accordance with the following: a) QwestCenturyLink's service credits to CLEC shall be subject to the wholesale discount; b) Qwest CenturyLink shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest CenturyLink is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 1 contract

Samples: Interconnection Agreement

Terms and Conditions. 6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's location to deliver training, CLEC will pay Qwest's reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. 6.2.2 Services available for resale under this Agreement may be resold only to the same class of End User Customers end user customers to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6.2.2. 6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User Customerscustomers, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC only to the same class of End User Customers end user customers eligible to purchase these services from Qwest. 6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customercustomer. 6.2.2.5 Inside wiring maintenance plans and installation are available for resale at Qwest retail rates with no the wholesale discount. discount provided in Exhibit A. Other non-Telecommunications Services Services, such as inside wiring installation, calling cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discountresale. Enhanced Services and information services, other than voice messaging, are not available for resale. 6.2.2.7 Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing End User Customers end user customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of- way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC’s location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End User Customers retail customers must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User Customerscustomers. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: 6.2.3.1 Qwest shall provide service credits to CLEC for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's service credits to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank.

Appears in 1 contract

Samples: Interconnection Agreement

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