EXHIBIT 10.13
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE TELECOMMUNICATIONS
ACT OF 1996
Dated as of January 28, 1998
by and between
NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY
and
HARVARDNET, INC.
FOR MASSACHUSETTS
TABLE OF CONTENTS
Section Page
1.0 DEFINITIONS 1
2.0 INTERPRETATION AND CONSTRUCTION 8
3.0 SCOPE 8
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2) 9
4.1 Scope 9
4.2 Physical Architecture 9
4.3 Technical Specifications 10
4.4 Interconnection in Additional LATA 10
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE TRAFFIC
PURSUANT TO SECTION 251(c)(2) 11
5.1 Scope of Traffic 11
5.2 Switching System Hierarchy 11
5.3 Trunk Group Architecture and Traffic Routing 12
5.4 Signaling 13
5.5 Grades of Service 13
5.6 Measurement and Billing 13
5.7 Reciprocal Compensation Arrangements -- Section 251(b)(5) 14
5.8 Municipal Calling Service 15
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT TO
SECTION 251(c)(2) 15
6.1 Scope of Traffic 15
6.2 Trunk Group Architecture and Traffic Routing 15
6.3 Meet-Point Billing Arrangements 16
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC 16
7.1 Information Services Traffic 16
7.2 Tandem Transient Service ("Transit Service") 19
7.3 Dedicated Transit Service 20
7.4 911/E911 Arrangements 21
8.0 JOINT NETWORK CONFIGURATION AND GROOMING PLAN; AND INSTALLATION,
MAINTENANCE, TESTING AND REPAIR 21
8.1 Joint Network Configuration and Grooming Plan 21
8.2 Installation, Maintenance, Testing and Repair 22
9.0 UNBUNDLED ACCESS -- SECTION 251(c)(3) 22
2
9.1 Local Link Transmission Types 22
9.2 ADSL and HDSL 23
9.3 Port Types 24
9.4 Private Lines, Special Access and Switched Transport 24
9.5 Limitations on Unbundled Access 24
9.6 Availability of Other Network Elements on an Unbundled Basis 25
9.7 Provisioning of Unbundled Links 26
9.8 Maintenance of Unbundled Network Elements 27
9.9 True-Up of Monthly Unbundled Link Charges for Massachusetts 28
9.10 Acknowledgment Related to Unbundled Links 29
10.0 RESALE -- SECTIONS 251(c)(4) and 251(b)(1) 30
10.1 Availability of Wholesale Rates for Resale 30
10.2 Availability of Retail Rates for Resale 30
10.3 Term and Volume Discounts 30
11.0 NOTICE OF CHANGES -- SECTION 251(c)(5) 30
12.0 COLLOCATION -- SECTION 251(c)(6) 30
13.0 NUMBER PORTABILITY -- SECTION 251(b)(2) 31
13.1 Scope 31
13.2 Procedures for Providing INP Through Remote Call Forwarding 31
13.3 Procedures for Providing INP Through Route Indexing 32
13.4 Procedures for Providing INP Through Full NXX Code Migration 32
13.5 Other INP Options 32
13.6 Receipt of Terminating Compensation on Traffic to INP'ed
Numbers 33
13.7 True-Up of Monthly INP Costs 34
14.0 NUMBER RESOURCES ASSIGNMENTS 34
15.0 DIALING PARITY -- SECTION 251(b)(3) 34
16.0 ACCESS TO RIGHTS-OF-WAY -- SECTION 251(b)(4) 34
17.0 DATABASES AND SIGNALING 35
18.0 REFERRAL ANNOUNCEMENT 35
19.0 DIRECTORY SERVICES ARRANGEMENTS 35
19.1 Directory Listings and Directory Distributions 35
19.2 Directory Assistance ("DA") and Operator Services 36
20.0 GENERAL RESPONSIBILITIES OF THE PARTIES 44
3
21.0 TERM AND TERMINATION 46
22.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES 47
23.0 CANCELLATION CHARGES 47
24.0 NON-SEVERABILITY 47
25.0 INDEMNIFICATION 47
26.0 LIMITATION OF LIABILITY 49
28.0 REGULATORY APPROVAL 51
29.0 MISCELLANEOUS 51
29.1 Authorization 51
29.2 Compliance 52
29.3 Compliance with the Communications Law Enforcement Act of 1994 52
29.4 Independent Contractor 52
29.5 Force Majeure 52
29.6 Confidentiality 52
29.7 Governing Law 53
29.8 Taxes 54
29.9 Non-Assignment 54
29.10 Non-Waiver 54
29.11 Disputed Amounts 54
29.12 Notices 55
29.13 Publicity and Use of Trademarks or Service Marks 56
29.14 Section 252(i) Obligations 56
29.15 Joint Work Product 56
29.16 No Third Party Beneficiaries; Disclaimer of Agency 57
29.17 No License 57
29.18 Technology Upgrades 57
29.19 Survival 57
29.20 Scope of Agreement 57
29.21 Entire Agreement 57
29.22 Power and Authority 58
29.23 Customer Proprietary Network Information 58
29.24 Alternative Dispute Resolution 58
4
LIST OF SCHEDULES AND EXHIBIT
Schedules
Schedule 1.0 Certain Terms As Defined in the Act
Schedule 4.0 Network Interconnection Schedule
Pricing Schedule
Exhibit
Exhibit A Network Element Bona Fide Request
5
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
This Interconnection Agreement under Sections 251 and 252 of the
Telecommunications Act of 1996 ("Agreement"), is effective as of the 28th day of
January, 1998 (the "Effective Date"), by and between HarvardNet, Inc., on behalf
of itself and its subsidiaries, ("HARVARDNET"), a Massachusetts corporation with
offices at 00 Xxx Xxx Xxxx, Xxxxxxx, Xxxxxxxxxxxxx 00000,xxx New England
Telephone and Telegraph Company d/b/a Xxxx Atlantic ("BA" or "NET"), a New York
corporation with offices at 000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000.
WHEREAS, the Parties want to interconnect their networks at mutually
agreed upon points of interconnection to provide Telephone Exchange Services (as
defined below) and Exchange Access (as defined below) to their respective
Customers.
WHEREAS, the Parties are entering into this Agreement to set forth the
respective obligations of the Parties and the terms and conditions under which
the Parties will interconnect their networks and provide other services as
required by the Act (as defined below) and additional services as set forth
herein.
NOW, THEREFORE, in consideration of the mutual provisions contained herein
and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, HARVARDNET and BA hereby agree as follows:
1.0 DEFINITIONS
As used in this Agreement, the following terms shall have the meanings
specified below in this Section 1.0. For convenience of reference only, the
definitions of certain terms that are As Defined in the Act (as defined below)
are set forth in Schedule 1.0. Schedule 1.0 sets forth the definitions of such
terms as of the date specified on such Schedule. Neither Schedule 1.0 nor any
revision, amendment or supplement thereof is intended to reflect any revised or
subsequent interpretation of any term that is set forth in the Act is intended
to be a part of or to affect the meaning or interpretation of this Agreement.
1.1 "Act" means the Communications Act of 1934 (47 U.S.C. 153(R)), as
amended by the Telecommunications Act of 1996, and as from time to time
interpreted in the duly authorized rules and regulations of the FCC or a state
regulatory agency within its state of jurisdiction.
1.2 ADSL is a digital loop transmission technology which permits the
transmission of up to 6 Mbps downstream (from the CO to the end-user customer)
and up to 640 kbps digital signal upstream (from the end-user customer to the
CO).
1.3 "Affiliate" is As Defined in the Act.
1.4 "Agreement for Switched Access Meet Point Billing" means the Agreement
for
6
Switched Access Meet Point Billing the Parties as amended.
1.5 "As Defined in the Act" means as specifically defined by the Act and
as from time to time interpreted in the duly authorized rules and regulations of
the FCC or the Department.
1.6 "As Described in the Act" means as described in or required by the Act
and as from time to time interpreted in the duly authorized rules and
regulations of the FCC or the Department.
1.7 "Automatic Number Identification" or "ANI" means a Feature Group D
signaling parameter which refers to the number transmitted through a network
identifying the billing number of the calling party.
1.8 "Busy Line Verification/Busy Line Verification Interrupt Traffic" or
"BLV/BLVI Traffic" means an operator service call in which the caller inquires
as to the busy status of or requests an interruption of a call on another
Customer's Telephone Exchange Service line.
1.9 "Calling Party Number" or "CPN" is a Common Channel Interoffice
Signaling ("CCIS") parameter which refers to the number transmitted through a
network identifying the calling party.
1.10 "Central Office Switch" means a switch used to provide
Telecommunications Services, including, but not limited to:
(a) "End Office Switches" which are used to terminate Customer
station Links for the purpose of interconnection to each other and to
trunks; and
(b) "Tandem Office Switches" ("Tandems") which are used to connect
and switch trunk circuits between and among other Central Office Switches.
A Central Office Switch may also be employed as a combination End
Office/Tandem Office Switch.
1.11 "CCS" means one hundred (100) call seconds.
1.12 "CLASS Features" means certain CCIS-based features available to
Customers including, but not limited to: Automatic Call Back; Call Trace; Caller
Identification; Call Return and future CCIS-based offerings.
1.13 "Collocation" means an arrangement whereby one Party's (the
"Collocating Party") facilities are terminated in its equipment necessary for
Interconnection or for access to Network Elements on an unbundled basis which
has been installed and maintained at the premises of a second Party (the
"Housing Party"). For purposes of Collocation, the "premises" of a Housing Party
is limited to the occupied structure or portion thereof in which such Housing
Party has the
7
exclusive right of occupancy. Collocation will be "physical," unless physical
collocation is not practical for technical reasons or because of space
limitations, in which case virtual collocation will be provided, subject to DPU
approval. In "Physical Collocation," the Collocating Party installs and
maintains its own equipment in the Housing Party's premises.
1.14 "Common Channel Interoffice Signaling" or "CCIS" means the signaling
system, developed for use between switching systems with stored-program control,
in which all of the signaling information for one or more groups of trunks is
transmitted over a dedicated high-speed data link rather than on a per-trunk
basis and, unless otherwise agreed by the Parties, the CCIS used by the Parties
shall be SS7.
1.15 "Cross Connection" means a connection provided pursuant to
Collocation at the Digital Signal Cross Connect, Main Distribution Frame or
other suitable frame or panel between (i) the Collocating Party's equipment and
(ii) the equipment or facilities of the Housing Party.
1.16 "Customer" means a third-party end user, residence, business that
purchases Telecommunications Services provided by either of the Parties.
1.17 "Department" or "DPU" means the Massachusetts Department of Public
Utilities.
1.18 "Dialing Parity" is As Defined in the Act.
1.19 "Digital Signal Level" means one of several transmission rates in the
time-division multiplex hierarchy.
1.20 "Digital Signal Level 0" or "DS0" means the 64 Kbps zero-level signal
in the time-division multiplex hierarchy.
1.21 "Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level
signal in the time-division multiplex hierarchy. In the time-division
multiplexing hierarchy of the telephone network, DS1 is the initial level of
multiplexing.
1.22 "Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level
in the time-division multiplex hierarchy. In the time-division multiplexing
hierarchy of the telephone network, DS3 is defined as the third level of
multiplexing.
1.23 "Direct Customer Access Service" or "DCAS" is an electronic interface
system provided by BA to facilitate the ordering, provisioning and maintenance
of various interconnection arrangements.
1.25 "Exchange Message Record" or "EMR" means the standard used for
exchange of Telecommunications message information among Telecommunications
providers for billable, non-billable, sample, settlement and study data. The EMR
format is contained in Bellcore Practice BR-010-200-010 XXXX Exchange Message
Record.
8
1.26 "Exchange Access" is As Defined in the Act.
1.27 "FCC" means the Federal Communications Commission.
1.28 "Fiber-Meet" means an Interconnection architecture method whereby the
Parties physically Interconnect their networks via an optical fiber interface
(as opposed to an electrical interface) at a mutually agreed upon location.
1.29 "High-Bit Rate Digital Subscriber Line" or "HDSL" means a
transmission technology which transmits up to 786 kbps on a single pair or a
DS1-level signal over two pairs using the 2B1Q line code and meeting the PSD
mask in Bellcore Technical Advisory TA-NWT-001210, Generic Requirements for
High-Bit-Rate Digital Subscriber Lines, Issue 1, Bellcore, October 1991.
1.30 "Information Service Traffic" means Local Traffic or IntraLATA Toll
Traffic which originates on a Telephone Exchange Service line and which is
addressed to an information service provided over a Party's information services
platform.
1.31 "Integrated Digital Loop Carrier" means a subscriber loop carrier
system which integrates within the switch, at a DS1 level, twenty-four (24)
Local Link Transmission paths combined into a 1.544 Mbps digital signal.
1.32 "Interconnection" is As Described in the Act and refers to the
connection of a network, equipment, or facilities, of one carrier with the
network, equipment, or facilities of another for the purpose of transmission and
routing of Telephone Exchange Service traffic and Exchange Access traffic.
1.33 "Interexchange Carrier" or "IXC" means a carrier that provides,
directly or indirectly, interLATA or intraLATA Telephone Toll Services.
1.34 "Interim Telecommunications Number Portability" or "INP" is As
Described in the Act.
1.35 "InterLATA Service" is As Defined in the Act.
1.36 "Integrated Services Digital Network" or "ISDN" means a switched
network service that provides end-to-end digital connectivity for the
simultaneous transmission of voice and data. Basic Rate Interface-ISDN
("BRI-ISDN") provides for a digital transmission of two 64 Kbps bearer channels
and one 16 Kbps data channel ("2B+D").
1.37 "IntraLATA Toll Traffic" means those intraLATA station calls that are
not defined
9
as Local Traffic in this Agreement.
1.38 "Local Access and Transport Area" or "LATA" is As Defined in the Act.
1.39 "Local Traffic" means a call between a BA-served end user within a
given LATA, in the Commonwealth of Massachusetts, on the one hand, and an
HARVARDNET-served end user within the Commonwealth of Massachusetts on the
other, for which (i) an agreement between BA and HARVARDNET is in force, and
(ii) has been approved by regulators of competent jurisdiction, which (iii)
defines traffic between the BA end user's BA exchange area and the CONTITNENTAL
end user's HARVARDNET exchange area to be "Local Traffic", and (iv) that
interchange of such "Local Traffic" between BA and HARVARDNET occurs at an
interconnection point ("X-IP") on the BA network within the same LATA as the BA
end user. The determination that a particular call is "Local Traffic" does not
rely upon which party originated the call. Those calls that are specified to be
terminated through switched access arrangements, IntraLATA calls originated on a
1+ toll or competitive presubscription basis or a casual dialed (i.e.
"950+XXXX+", "10XXX+", or 101XXXX+") basis are not considered to be Local
Traffic. BA and HARVARDNET exchange areas and rate centers need not coincide.
For purposes of this Agreement, local calling shall be defined in accordance
with BA's Massachusetts DPU No. 10 Traffic.
1.40 "Local Exchange Carrier" or "LEC" is As Defined in the Act.
1.41 "Local Link Transmission" or "Link" means the entire transmission
path which extends from the network interface/demarcation point at a Customer's
premises to the Main Distribution Frame or other designated frame or panel in a
Party's Wire Center which serves the Customer. Links are defined by the
electrical interface rather than the type of facility used.
1.42 "Losses" means any and all losses, costs (including court costs),
claims, damages (including fines, penalties, and criminal or civil judgments and
settlements), injuries, liabilities and expenses (including attorneys' fees).
1.43 "Main Distribution Frame" or "MDF" means the distribution frame of
the Party providing the Link used to interconnect cable pairs and line and trunk
equipment terminals on a switching system.
1.44 "Meet-Point Billing" means the process whereby each Party bills the
appropriate tariffed rate for its portion of a jointly provided Switched
Exchange Access Service as agreed to in the Agreement for Switched Access Meet
Point Billing.
1.45 "MECAB" shall mean the Multiple Exchange Carrier Access Billing
(MECAB) document prepared by the Billing Committee of the Ordering and Billing
Forum ("OBF"), which functions under the auspices of the Carrier Liaison
Committee ("CLC") of the Alliance for Telecommunications Industry Solutions
("ATIS"). The MECAB document, published by Bellcore as Special Report
SR-STS-000983, contains the recommended guidelines for the billing
10
of an access service provided by two or more LECs, or by one LEC in two or more
states, within a single LATA.
1.46 "MECOD" shall mean the Multiple Exchange Carrier Ordering and Design
(MECOD) Guidelines for Access Services - Industry Support Interface, a document
developed by the Ordering/Provisioning Committee under the auspices of OBF. The
MECOD document, published by Bellcore as Special Report SR-STS-002643,
establishes methods for processing orders for access service which is to be
provided by two or more LECs.
1.47 "Network Element" is As Defined in the Act.
1.48 "Network Element Bona Fide Request" means the process described in
Exhibit A that prescribes the terms and conditions relating to a Party's request
that the other Party provide a Network Element not otherwise provided by the
terms of this Agreement.
1.49 "North American Numbering Plan" or "NANP" means the numbering plan
used in the United States, Canada, Bermuda, Puerto Rico and certain Caribbean
Islands. The NANP format is a 10-digit number that consists of a 3-digit NPA
code (commonly referred to as the area code), followed by a 3-digit NXX code and
4-digit line number.
1.50 "Number Portability" is As Defined in the Act.
1.51 "NXX" means the three-digit code which appears as the first three
digits of a seven digit telephone number.
1.52 "Party" means either BA or HARVARDNET and HARVARDNET's affiliates as
listed on Exhibit B, and may be amended from time to time upon ten (10) days
notice from HARVARDNET to BA, and "Parties" means BA and HARVARDNET and
HARVARDNET's affiliates as listed on Exhibit B and may be amended from time to
time upon ten (10) days notice from HARVARDNET to BA.
1.53 "Port" means a termination on a Central Office Switch that permits
Customers to send or receive Telecommunications over the public switched
network, but does not include switch features or switching functionality.
1.54 "Point of Termination Bay" or "POT Bay" means the intermediate
distributing frame system which serves as the point of demarcation for
collocated interconnection.
1.56 "Rate Center" means the specific geographic point designated by a
given telecommunications carrier to be associated with a particular network
address pertinent to that carrier's provision of its switched telecommunications
services. The Rate Center is identified by a specific, rate center name and
state, a ten -(-10-) character rate center name abbreviation and
11
state, together with a ten-(-10-) character "locality" name descriptor,
geographic coordinate pair (latitude and longitude) and corresponding V&H
coordinate-pair. Rate Centers are used, where appropriate, to calculate
distances applicable to distance-sensitive elements of switched
telecommunications services.
1.57 "Reciprocal Compensation" is As Described in the Act.
1.58 "Route Indexing" means the provision of Interim Number Portability
through the use of direct trunks provisioned between end offices of BA and
HARVARDNET over which inbound traffic to a ported number will be routed.
1.59 "Routing Point" means a location which a LEC has designated on its
own network as the homing (routing) point for inbound traffic to one or more of
its NPA-NXX codes. The Routing Point is also used to calculate mileage
measurements for the distance-sensitive transport element charges of Switched
Exchange Access Services. Pursuant to Xxxx Communications Research, Inc.
("Bellcore") Practice BR 000-000-000 (the "Bellcore Practice"), the Routing
Point (referred to as the "Rating Point" in such Bellcore Practice) may be an
End Office Switch location or a "LEC Consortium Point of Interconnection."
Pursuant to such Bellcore Practice, each "LEC Consortium Point of
Interconnection" shall be designated by a common language location identifier
(CLLI) code with (x)KD in positions 9, 10, 11, where (x) may be any alphanumeric
A-Z or 0-9. The Routing Point must be located within the LATA in which the
corresponding NPA-NXX is located. However, Routing Points associated with each
NPA-NXX need not be the same as the corresponding Rate Center, nor must there be
a unique and separate Routing Point corresponding to each unique and separate
Rate Center; provided only that the Routing Point associated with a given
NPA-NXX must be located in the same LATA as the Rate Center associated with the
NPA-NXX.
1.60 "Service Control Point" or "SCP" means a component of the signaling
network that acts as a database to provide information to another component of
the signaling network (i.e., Service Switching Point or another SCP) for
processing or routing certain types of network calls. A query/response mechanism
is typically used in communicating with an SCP.
1.61 "Signaling Transfer Point" or "STP" means a component of the
signaling network that performs message routing functions and provides
information for the routing of messages between signaling network components. An
STP transmits, receives and processes CCIS messages.
1.62 "Single Xxxx/Multiple Tariff" shall mean that one xxxx is rendered to
the IXC from all LECs who are jointly providing access service. A single xxxx
consists of all rate elements applicable to access services billed on one
statement of charges under one billing account number using each Party's
appropriate access tariffs. The xxxx could be rendered by, or on behalf of,
either of the Parties.
12
1.64 "Switched Exchange Access Service" means the offering of transmission
or switching services to Telecommunications Carriers for the purpose of the
origination or termination of Telephone Toll Service. Switched Exchange Access
Services include: Feature Group A, Feature Group B, Feature Group D, 800/888
access, and 900 access and their successors or similar Switched Exchange Access
services.
1.66 "Synchronous Optical Network" or "SONET" means an optical interface
standard that allows inter-networking of transmission products from multiple
vendors. The base transmission rate is 51.84 Mbps ("OC-1/STS-1") and higher
rates are direct multiples of the base rate.
1.67 "Technically Feasible Point" is As Described in the Act.
1.68 "Telecommunications" is As Defined in the Act.
1.69 "Telecommunications Act" means the Telecommunications Act of 1996 and
any rules and regulations promulgated thereunder.
1.70 "Telecommunications Carrier" is As Defined in the Act.
1.71 "Telecommunications Service" is As Defined in the Act.
1.72 "Telephone Exchange Service" is As Defined in the Act.
1.73 "Telephone Toll Service" is As Defined in the Act.
1.74 "Wire Center" means an occupied structure or portion thereof in which
a Party has the exclusive right of occupancy and which serves as a Routing Point
for Switched Exchange Access Service.
2.0 INTERPRETATION AND CONSTRUCTION
All references to Sections, Exhibits and Schedules shall be deemed to be
references to Sections of, and Exhibits and Schedules to, this Agreement unless
the context shall otherwise require. The headings of the Sections and the terms
defined in Schedule 1.0 are inserted for convenience of reference only and are
not intended to be a part of or to affect the meaning of this Agreement. Unless
the context shall otherwise require, any reference to any agreement, other
instrument (including BA or other third party offerings, guides or practices),
statute, regulation, rule or tariff is to such agreement, instrument, statute,
regulation for convenience of reference only and is not intended to be a part of
or to affect the meaning or rule or tariff as amended and supplemented from time
to time (and, in the case of a statute, regulation, rule or tariff, to any
successor provision).
13
3.0 SCOPE
This Agreement sets forth the terms and conditions under which HARVARDNET
and BA will interconnect their respective networks to enable HARVARDNET to
provide residential and business telecommunications services pursuant to the
rights and obligations set forth in Section 251 of the Act.
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2)
Subject to the terms and conditions of this Agreement, Interconnection of
the Parties' facilities and equipment pursuant to Section 4.0 for the
transmission and routing of Telephone Exchange Service traffic and Exchange
Access traffic shall be established on or before the corresponding
"Interconnection Activation Date" shown for each such LATA within the
Commonwealth of Massachusetts on Schedule 4.0. Schedule 4.0 may be revised and
supplemented from time to time upon the mutual agreement of the Parties to
reflect the Interconnection in the other LATA in Massachusetts pursuant to
Section 4.5 by attaching a supplementary schedule to Schedule 4.0.
Interconnection in the LATA shall be accomplished through either (i) a
Fiber-Meet as provided in Section 4.2, (ii) Collocation as provided in Section
12.0, (iii) any other Interconnection method provided by applicable tariff, law,
rule or regulation, or (iv) any other Interconnection method to which the
Parties may agree.
4.1 Scope
Section 4.0 describes the physical architecture for Interconnection of the
Parties' facilities and equipment for the transmission and routing of Telephone
Exchange Service traffic and Exchange Access traffic pursuant to Section
251(c)(2) of the Act. Sections 5.0 and 6.0 prescribe the specific logical trunk
groups (and traffic routing parameters) which will be configured over the
physical connections described in this Section 4.0 related to the transmission
and routing of Telephone Exchange Service traffic and Exchange Access traffic,
respectively. Other trunk groups, as described in this Agreement, may be
configured using this architecture.
4.2 Physical Architecture
In each LATA identified on Schedule 4.0, HARVARDNET and BA shall configure
existing network interconnection arrangements under a joint network
configuration and grooming plan ("Joint Grooming Plan" as defined in Section
8.1). Both Parties will endeavor to provision a diverse, reliable network that
incorporates the most practicable technologies.
4.2.1 Network architecture under the Joint Grooming Plan shall be
established under the following minimum criteria:
(a) The Parties shall establish physical interconnection points at
the locations
14
designated on Schedule 4.0. Points on the HARVARDNET network from
which HARVARDNET will provide transport and termination of traffic
are designated as the HARVARDNET Interconnection Points ("H-IP").
Points on the BA network from which BA will provide transport and
termination of traffic are designated as the BA Interconnection
Points ("B-IP"). Additional interconnection points may be
established by mutual agreement of both parties at any technically
feasible points consistent with Act.
(b) Each Party will provide owned or leased facilities to deliver
traffic originated on its respective networks to the designated
interconnection points of the other Party's network. The Party
terminating the traffic will be responsible for all transport and
termination of calls beyond the designated interconnection point.
4.2.2 The Parties may implement one of the following configurations
as part of the Joint Grooming Plan, unless an alternative plan is
mutually agreed to by both parties.
(a) a jointly maintained SONET network, in which each party is
responsible for the procurement, installation, and maintenance of
mutually agreed-upon Optical Line Terminating Multiplexer ("OLTM")
equipment at its respective premises. Additionally, each party will
be responsible for the installation and maintenance of one-half of a
fiber optic ring;
(b) interconnection of networks at an optical level via a Fiber Meet
or other comparable means; and
(c) by any other Plan mutually agreeable to both Parties.
4.3 Technical Specifications
4.3.1 HARVARDNET and BA shall work cooperatively to install and
maintain a reliable network. HARVARDNET and BA shall exchange appropriate
information (e.g., maintenance contact numbers, network information, information
required to comply with law enforcement and other security agencies of the
Government and such other information as the Parties shall mutually agree) to
achieve this desired reliability.
4.3.2 HARVARDNET and BA shall work cooperatively to apply sound
network management principles by invoking network management controls to
alleviate or to prevent congestion.
4.3.3 The publication "Bellcore Technical Publication GR-342-CORE;
High Capacity Digital Special Access Service, Transmission Parameter Limits and
Interface Combinations" describes the practices, procedures, specifications and
interfaces generally utilized by BA and is referenced herein to assist the
Parties in meeting their respective Interconnection
15
responsibilities related to Electrical/Optical Interfaces.
4.4 Interconnection in Additional LATA
4.4.1 If HARVARDNET determines to offer Telephone Exchange Services
in the other LATA in which BA also offers Telephone Exchange Services in
Massachusetts, HARVARDNET shall provide written notice to BA of the need to
establish Interconnection in that LATA pursuant to this Agreement.
4.4.2 The notice provided in Section 4.4.1 shall include (i) the
initial Routing Point HARVARDNET has designated in the new LATA; (ii)
HARVARDNET's requested Interconnection Activation Date; and (iii) a non-binding
forecast of HARVARDNET's trunking requirements.
4.4.3 Unless otherwise agreed by the Parties, the Parties shall
designate the Wire Center HARVARDNET has identified as its initial Routing Point
in the LATA as the H-IP in that LATA and shall designate the BA Tandem Office
Wire Center within the LATA nearest to the H-IP (as measured in airline miles
utilizing the V&H coordinates method) as the B-IP in that LATA. Nothing in
subsection shall require a physical switch facility in the LATA.
4.4.4 Unless otherwise agreed by the Parties, the Interconnection
Activation Date in the new LATA shall be the earlier of (i) the date mutually
agreed by the Parties or (ii) the date that is one hundred and fifty (150) days
after the date on which HARVARDNET delivered notice to BA pursuant to Section
4.4.1. Within ten (10) business days of BA's receipt of HARVARDNET'S notice, BA
and HARVARDNET shall confirm the B-IP, the H-IP and the Interconnection
Activation Date for the new LATA by attaching a supplementary schedule to
Schedule 4.0.
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE TRAFFIC PURSUANT TO
SECTION 251(c)(2)
5.1 Scope of Traffic
Section 5.0 prescribes parameters for trunk groups (the "Traffic Exchange
Trunks") to be effected over the Interconnections specified in Section 4.0 for
the transmission and routing of Local Traffic and IntraLATA Toll Traffic between
the Parties' respective Telephone Exchange Service Customers and where such
traffic is not presubscribed for carriage by a third party carrier nor carried
by a third party carrier as casual dialed (10XXX and 101XXXX) traffic.
5.2 Switching System Hierarchy
5.2.1 For purposes of this Section 5.0, each of the following
Central Office Switches shall be designated as a "Primary Switch":
16
(a) Each Access Tandem BA operates in the LATA;
(b) The initial switch HARVARDNET employs to provide Telephone
Exchange Service in the LATA, which may be the same as (c),
below;
(c) Any Access Tandem HARVARDNET may establish for provision of
Exchange Access in the LATA; and
(d) Any additional switch HARVARDNET may subsequently employ to
provide Telephone Exchange Service in the LATA which
HARVARDNET may at its sole option designate as a Primary
Switch. To the extent HARVARDNET chooses to designate any
additional switch as a Primary Switch, it shall provide notice
to BA of such designation at least ninety (90) days in advance
of the date on which HARVARDNET activates such switch as a
Primary Switch; and
(e) Any additional tandem switch BA may subsequently employ to
provide access and/or sector traffic capacity within a LATA.
Traffic destined to sub-tending Secondary Switches routed via
such a Tandem(s) would be determined by network requirements
and notice made available to all LECs at least one hundred and
eighty (180) days prior to service introduction.
5.2.2 Each Central Office Switch operated by the Parties which is
not designated as a Primary Switch pursuant to Section 5.2.1 shall be designated
as a "Secondary Switch".
5.2.3 For purposes of HARVARDNET routing traffic to BA, sub-tending
arrangements between BA Primary Switches and BA Secondary Switches shall be the
same as the Access Tandem/End Office sub-tending arrangements which BA maintains
for those switches. For purposes of BA routing traffic to HARVARDNET,
sub-tending arrangements between HARVARDNET Primary Switches and HARVARDNET
Secondary Switches shall be the same as the Access Tandem/End Office sub-tending
arrangements which HARVARDNET maintains for those switches. Nothing in this
subsection should be deemed to prevent HARVARDNET from creating subtending
arrangements within the same switch.
5.3 Trunk Group Architecture and Traffic Routing
The Parties shall jointly engineer and configure Traffic Exchange Trunks
over the physical Interconnection arrangements for the transport and termination
of Telephone Exchange Service Traffic, as follows:
5.3.1 The Parties shall initially configure a separate two-way trunk
group and operate as one way or two way as mutually agreed to by both Parties,
as a direct transmission path between each HARVARDNET Primary Switch and each BA
Primary Switch.
17
5.3.2 Notwithstanding anything to the contrary in this Section 5.0,
if the two-way traffic volumes between any two Central Office Switches (whether
Primary-Primary, Primary-Secondary or Secondary-Secondary) at any time exceeds
the CCS busy hour equivalent of one DS1 using the standard trunk engineering
guidelines per Bellcore SR-TSV-000191, the Parties shall within sixty (60) days
after such occurrence add trunks or establish new direct trunk groups consistent
with the grades of service and quality parameters set forth in the Joint
Grooming Plan.
5.3.3 BA and HARVARDNET will allow each other to route their
intrastate and interstate switched exchange access service traffic over the
Traffic Exchange Trunk Groups, pursuant to the terms and conditions specified in
each Party's effective intrastate and interstate access tariffs.
5.4 Signaling
5.4.1 Where available, CCIS signaling shall be used by the Parties
to set up calls between the Parties' Telephone Exchange Service networks. If
CCIS signaling is unavailable, MF (Multi-Frequency) signaling shall be used by
the Parties. Each Party shall charge the other Party equal and reciprocal rates
for CCIS signaling in accordance with applicable tariffs. During the term of
this Agreement neither Party shall charge the other Party additional
usage-sensitive rates for SS7 queries Transactional Capabilities Application
Part ("TCAP") and Integrated Services User Part ("ISUP") made for Local Traffic
interexchanged between the Parties.
5.4.2 The publication "Bellcore Special Report SR-TSV-002275, BOC
Notes on the LEC Networks - Signaling" describes the practices, procedures and
specifications generally utilized by BA for signaling purposes and is referenced
herein to assist the Parties in meeting their respective Interconnection
responsibilities related to signaling.
5.4.3 The Parties will cooperate on the exchange of ISUP and TCAP
signaling messages to facilitate interoperability of CCIS-based features between
their respective networks, including all CLASS features and functions, to the
extent each Party offers such features and functions to its Customers. All CCIS
signaling parameters will be provided including, calling party number ("CPN"),
originating line information ("OLI"), calling party category and charge number.
5.4.4 Each Party shall provide trunk groups where available that are
configured utilizing the B8ZS ESF protocol for 64 Kbps clear channel
transmission to allow for ISDN interoperability between the Parties' respective
networks.
5.4.5 The Parties mutually agree to respect the privacy status of
CPN transmitted via CCIS.
5.5 Grades of Service
The Parties shall initially engineer and shall jointly monitor and enhance
all trunk groups
18
consistent with the Joint Grooming Plan.
5.6 Measurement and Billing
5.6.1 For billing purposes, each Party shall pass Calling Party
Number (CPN) information on each call carried over the Local/IntraLATA Trunks;
provided that so long as the percentage of calls passed with CPN is greater than
ninety percent (90%), all calls exchanged without CPN information shall be
billed as either Local Traffic or IntraLATA Toll Traffic in direct proportion to
the minutes of use of calls exchanged with CPN information.
5.6.2 Measurement of billing minutes (except for originating 800/888
calls) shall be in actual conversation seconds. Measurement of billing minutes
for originating 800/888 calls shall be in accordance with applicable tariffs.
5.6.3 Where CPN is not available in a LATA for greater than 10% of
the traffic, the Party sending the traffic shall provide factors to determine
the jurisdiction, as well as local vs. toll distinction, of the traffic. Such
factors shall be supported by call record details that will be made available
for review upon request. Where a Party is passing CPN but the receiving Party is
not properly receiving or recording the information, the Parties shall
cooperatively work to correctly identify the traffic, and establish a mutually
agreeable mechanism that will prevent improperly rated traffic. Notwithstanding
this, if any improperly rated traffic occurs, the Parties agree to reconcile it.
5.7 Reciprocal Compensation Arrangements -- Section 251(b)(5)
5.7.1 Reciprocal Compensation only applies to the transport and
termination of Local Traffic billable by BA or HARVARDNET which a Telephone
Exchange Service Customer originates on BA's or HARVARDNET's network for
termination on the other Party's network except as provided in Section 5.7.6
below. The Parties agree that the issue of what, if any, compensation is
applicable to traffic handed off from one Party to the other Party, within a BA
local calling area, for delivery to an Internet Service Provider (ISP) for
carriage over the Internet is currently pending before the FCC. Until such time
as the issue is resolved by the FCC or by an applicable order of the Commission
or Court with jurisdiction over the appropriate compensation for such traffic
exchange, the Parties agree that the Reciprocal Compensation arrangements
contained in this subsection 5.7 shall not apply to such traffic. To the extent
that either Party is unable to measure the volume of such traffic, the Parties
agree to work cooperatively to estimate such traffic volume.
5.7.2 The Parties shall compensate each other for transport and
termination of Local Traffic in an equal and symmetrical manner at the rate
provided in the Pricing Schedule. This rate is to be applied at the H-IP for
traffic delivered by BA, and at the B-IP for traffic delivered by HARVARDNET. No
additional charges, including port or transport charges, shall
19
apply for the termination of Local Traffic delivered to the H-IP or the B-IP.
When Local Traffic is terminated over the same trunks as intraLATA or interLATA
toll, any port or transport or other applicable access charges related to the
toll traffic shall be prorated to be applied only to the toll traffic.
5.7.3 The Reciprocal Compensation arrangements set forth in this
Agreement are not applicable to Switched Exchange Access Service or to any other
IntraLATA calls originated on a third party carrier's network on a 1+
presubscribed basis or a casual dialed (10XXX or 101XXXX) basis. All Switched
Exchange Access Service and all IntraLATA Toll Traffic shall continue to be
governed by the rates, terms and conditions of the applicable federal and state
tariffs.
5.7.4 Each Party shall charge the other Party its effective
applicable tariffed IntraLATA switched access rates for the transport and
termination of all IntraLATA Toll Traffic
5.7.5 The rates for termination of Local Traffic are set forth in
the Pricing Schedule which is incorporated by reference herein.
5.7.6 Compensation for transport and termination of all traffic
which is subject to performance of INP by one Party for the other Party pursuant
to Section 13.0 shall be as specified in Section 13.6.
5.7.7 When either Party delivers seven (7) or ten (10) digit
translated IntraLATA 800/888 service to the other Party for termination, the
originating party shall provide the terminating Party with billing records in
industry standard format (EMR) if required by the terminating Party. The
originating Party may xxxx the terminating Party for the delivery of the traffic
at local Reciprocal Compensation rates. The terminating Party may not xxxx the
originating Party Reciprocal Compensation under this Agreement. The Party that
is providing the 800/888 service shall pay the database inquiry charge per the
Pricing Schedule to the Party that performed the database inquiry.
5.8 Municipal Calling Service
The Parties shall work cooperatively to facilitate each Party's public
service obligations as required by the Department to provide its end user
Customers with toll free Municipal Calling Service ("MCS"). Such cooperation
shall include the sharing of certain account and toll free municipal ("TFM")
codes on a daily or other mutually agreeable basis and working with other
industry participants to satisfactorily resolve MCS related measurement and
billing issues associated with implementation of IntraLATA presubscription.
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT TO SECTION
251(c)(2)
6.1 Scope of Traffic
20
Section 6.0 prescribes parameters for certain trunk groups ("Access Toll
Connecting Trunks") to be established over the Interconnections specified in
Section 4.0 for the transmission and routing of Exchange Access traffic between
HARVARDNET Telephone Exchange Service Customers and Interexchange Carriers
("IXCs").
6.2 Trunk Group Architecture and Traffic Routing
6.2.1 The Parties shall jointly establish Access Toll Connecting
Trunks by which, when the parties so desire, they may jointly provide
tandem-transported Switched Exchange Access Services to Interexchange Carriers
to enable such Interexchange Carriers to originate and terminate traffic from/to
HARVARDNET's Customers.
6.2.2 Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow HARVARDNET's Customers to
connect to or be connected to the interexchange trunks of any Interexchange
Carrier which is connected to an BA Access Tandem.
6.2.3 The Access Toll Connecting Trunks shall be two-way trunks, and
operated as one-way or two-way as mutually agreed by both Parties, connecting a
Switch HARVARDNET utilizes to provide Telephone Exchange Service and Switched
Exchange Access in a given LATA to an Access Tandem Switch BA utilizes to
provide Exchange Access in such LATA.
6.2.4 The Parties shall jointly determine which BA Access Tandem(s)
will be sub-tended by each HARVARDNET Switch. HARVARDNET acknowledges that BA
does not have an obligation to provide tandem service arrangements outside its
tandem serving area.
6.3 Meet-Point Billing Arrangements
6.3.1 Ordering, facilities design, and billing arrangements for
access services involving one or more exchange service providers in addition to
BA or HARVARDNET with the exception of Tandem Switched Transit Traffic which is
treated separately within this Agreement, shall (i) for multi-provider ordering
and design situations, normally conform to the applicable guideline
recommendations established by the Alliance for Telecommunications Industry
Solutions ("ATIS") and published by Bellcore in document SR-STS-002643 entitled
Multiple Exchange Carriers Ordering and Design Guidelines for Access Services -
Industry Support Interface ("MECOD"), and (ii) for multi-carrier billing
arrangements, shall normally conform to the relevant ATIS guideline
recommendations published by Bellcore in document SR-STS-000983, entitled
Multiple Exchange Carrier Access Billing ("MECAB").
HARVARDNET and BA will work cooperatively to implement a single
xxxx, multiple tariff scenario as described in MECAB using the New York State
Intrastate Access Settlement Pool ("NYSIASP") as the billing vendor or a
competitive billing vendor(s) selected by HARVARDNET, in lieu of (or in addition
to) NYSIASP.
21
6.3.2 Meet-Point Billing arrangements between the Parties for
jointly provided Switched Exchange Access Services on Access Toll Connecting
Trunks will be governed by the terms and conditions of a mutually agreeable
arrangement which the Parties will cooperatively work to develop in accordance
with the Meet-Point guidelines contained in the ordering and billing forum
("OBF's) MECAB and MECOD documents.
6.3.3 Until and unless changed by the FCC, on a going forward basis,
HARVARDNET shall retain one hundred percent (100%) of the Residual
Interconnection Charge, in instances in which HARVARDNET provides the End Office
switching.
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC
7.1 Information Provider Services Interconnection
This section describes interconnection to pay-per-call audiotex programs
in which a vendor contracts with the Local Exchange Carrier to provide
recorded announcement information or open discussion programs to the
general public: these are not Internet services.
In specific LATAs in the Xxxx Atlantic region, BA reserves exchanges 976,
550, 540, 970 and 940 for its Information Services Provider customers
offering the services addressed in this section 7.1 and section 7.2.
7.1.1 Routing and Provisioning
Each Party shall route Information Service Traffic which originates
on its own network to the appropriate information services
platform(s) connected to the other Party's network. Where CLEC uses
its own network facilities, CLEC will establish a direct trunk group
to the Xxxx Atlantic information services tandem switch. This trunk
group will be utilized to allow the CLEC to route Information
Service Traffic originated on its network to BA. Where BA routing
plans permit a combination of POTS and Information Provider traffic
on such direct trunk groups, CLEC may route a combination of POTS
and Information Provider traffic without establishing a separate
direct trunk group exclusively for Information Provider data.
However, in LATAs where BA requires direct trunks dedicated to
Information Provider traffic, CLEC must establish direct, dedicated
trunking for its Information Provider traffic. Such determinations
will be at the sole discretion of Xxxx Atlantic, on a par with its
established routing requirements in each LATA, and are subject to
change.
Where CLEC utilizes the BA network through the purchase of unbundled
network elements, Information Service Traffic may be routed over BA
information service
22
trunks on a shared basis.
7.1.2 Blocking
Nothing in this Agreement shall restrict either Party from offering
to its Exchange Service Customers the ability to block the
completion of Information Service Traffic, whether Information Mass
Announcement Services or Variable Rated Information Services.
7.2 Information Provider Services Billing Arrangements
This section describes two varieties of cooperative billing arrangement to
support interconnection to network services for recorded information
programs.
7.2.1 Billing and Usage Specifications
The Parties shall adopt an Information Provider Usage and Billing
Specification Agreement prior to implementing interconnection to
network services for recorded information programs. With the mutual
consent of both Parties, the Information Provider Usage and Billing
Specification Agreement may be modified in the future.
7.2.1.2 Information Mass Announcement Services
Information Mass Announcement Service (IMAS), e.g. flat-rate 976
calls, is only available in the New York Metro LATA (LATA 132).
Billing is based on the existing regulatory structure pursuant to
the New York State P.S.C. No. 900 tariff.
a) For Information Mass Announcement Service, the Party
('Originating Party') on whose network the Information
Services Traffic originated shall xxxx and collect such
Information Provider charges and remit an amount equal to such
charges to the Party ('Terminating Party') to whose
information platform the Information Service Traffic
terminated less the Information Service Billing and Collection
fee set forth in the Pricing Schedule. The Terminating Party
may xxxx the Originating Party for such charges. The
Originating Party shall pay the Terminating party in full
regardless of uncollectible items. This shall apply whether
the originating party uses its own network or utilizes the
other party's network through the purchase of unbundled
network elements.
b) Upon request, the Party (Originating Party) on whose
network the Information Service Traffic originated shall
provide via electronic file transfer or magnetic tape or other
means as available all recorded call detail
23
information to the Party (Terminating Party) to whose
information platform the Information Service Traffic
terminated, at the standard price for record transmission.
This data shall be in unrated EMR format per OBF/Bellcore
standard.
7.2.1.3 Variable Rated Information Services
Variable Rated Information Services includes a variety of
Information Provider Services offered in the Xxxx Atlantic region.
Charges for these calls are made to the originating Exchange Service
Customer on a per minute basis; rates are generally set by the
individual program provider. Prior to implementing network
interconnection to these services, CLEC and BA will establish either
of the two cooperative billing arrangements described below:
7.2.1.3.1 Bundled Information Provider Billing Arrangement
a) The Party (Originating Party) on whose network the
Information Service Traffic originated shall provide via
electronic file transfer or magnetic tape or other means as
available all recorded call detail information to the Party
(Terminating Party) to whose information platform the
Information Service Traffic terminated, at the standard price
for record transmission. This data shall be in unrated EMR
format per OBF/Bellcore standard. This shall apply whether the
originating party uses its own network or utilizes the other
party's network through the purchase of unbundled network
elements.
b) The Terminating Party shall provide to the Originating
Party via electronic file transfer or magnetic tape or other
means as available all necessary information to xxxx the
Information Service Traffic to the Originating Party's
Customers pursuant to the Terminating Party's agreements with
each Information Provider, at the standard price for record
transmission. Information shall be provided in as timely a
fashion as practical in order to facilitate record review and
reflect actual prices set by the individual Information
Providers. This data will consist of the EMR records
previously delivered by the Originating Party, returned to the
Originating Party in rated format where possible, or with
appropriate indicators populated on error messages. No Billing
and Collection fees will be applied to error messages. No
taxes will be calculated or paid on the Originating Party's
traffic.
c) The Originating Party shall xxxx and collect such
Information Provider charges and remit the amounts collected
to the Terminating Party less:
24
(1) The Information Services Billing and Collection fees
set forth on the Pricing Schedule; and
(2) Customer adjustments provided by the Originating
Party. Adjustments are made for subscriber-priced traffic
only.
d) The Terminating Party shall calculate these charges and
xxxx them to the Originating Party for remittance.
e) The Originating Party shall provide to the Terminating
Party sufficient information regarding uncollectibles and
customer adjustments, including the originating end user line
number, the dialed Information Provider subscriber number, the
amount to be adjusted against the Information Provider
subscriber account, and the date and duration, for each call.
Such amounts shall not include tax. The Terminating Party
shall pass through the adjustments to the Information
Provider. Limitations on the number of adjustments accepted
from the Terminating Party's Exchange Service Customers, i.e.
two adjustments per line, shall be applied equally to the
acceptance of adjustments from the Originating Party's
Exchange Service Customers, on a per line basis. However, if
the Information Provider disputes such adjustments and refuses
to accept such adjustments, the Originating Party shall
reimburse the Terminating Party for all such disputed
adjustments. Final resolution regarding all disputed
adjustments shall be solely between the Originating Party and
the Information Provider.
7.2.1.3.2 Unbundled Information Provider Billing Arrangement
a) The Terminating Party shall charge the originating Party
$.03 per minute of use for switching access. These charges
shall be calculated by the Terminating Company and billed to
the Originating Company. These charges shall apply whether the
Originating Party uses its own network or utilizes the other
party's network through the purchase of unbundled network
elements. Exchange Service Customer adjustments shall not
apply to these charges.
b) Upon request from the Originating Party, the Terminating
Party shall make available its Rating Service at a charge of
$.03 per message plus a $15,000 non-recurring charge. Under
Rating Service, the Originating Party shall provide to the
Terminating Party via electronic file transfer or magnetic
tape or other means as available recorded call detail
information in unrated EMR format per OBF/Bellcore standard;
the Terminating Party shall rate such calls placed by the
Originating Party's Exchange Service
25
Customers and terminating to Information Provider services
contracted with the Terminating Party, according to the rates
established by such Information Providers. The Terminating
Party shall then return the call records to the Originating
Party, in rated format where possible, or with appropriate
indicators populated on error messages. The Rating Service fee
will be applied to all messages. In addition to the charges
for Rating Service, standard charges will be made by the
Terminating Party for the transmission and delivery of such
records and files. The Terminating Party will not xxxx and
collect for such rated calls. The Terminating Party will not
calculate or pay taxes for such rated calls.
c) The Originating Party is responsible for all payments due
the Information Providers to whose programs that Party's
Exchange Service Customer places calls, and other obligations
and relationships with such Information Providers.
d) Resolution regarding all Exchange Service Customer
adjustments shall be solely between the Originating Party and
the Information Provider.
7.2 Tandem Transient Service ("Transit Service")
7.2.1 "Transit Service" means the delivery of certain traffic
between HARVARDNET and a LEC by BA over the Local/IntraLATA/InterLATA Trunks.
The following traffic types will be delivered: (i) Local Traffic or IntraLata
Toll Traffic originated from HARVARDNET to such LEC and (ii) Local Traffic or
IntraLATA Toll Traffic originated from such LEC and terminated to HARVARDNET.
7.2.2 Subject to Section 7.2.4, the Parties shall compensate each
other for Transit Service as follows:
(a) HARVARDNET shall pay BA for Local InterLATA and IntraLATA Toll
Traffic HARVARDNET originated over the Transit Service at the
rate specified in the Pricing Schedule plus any additional
charges or costs such terminating LEC imposes or levies on BA
for the delivery or termination of such traffic, including any
switched access charges.
(b) BA shall pay HARVARDNET for Local, InterLATA, or IntraLATA
Toll Traffic terminated to HARVARDNET from such LEC at the
appropriate Reciprocal Compensation rates described in Section
5.7.
7.2.3 While the Parties agree that it is the responsibility of a LEC
to enter into
26
arrangements to deliver Local Traffic to HARVARDNET, they acknowledge that such
arrangements are not currently in place and an interim arrangement is necessary
to ensure traffic completion. Accordingly, until the earlier of (i) the date on
which either Party has entered into an arrangement with such LEC to deliver
Local Traffic to HARVARDNET or (ii) one hundred and eighty (180) days after the
Interconnection Activation Date, BA will deliver and HARVARDNET will terminate
Local Traffic originated from such LEC without charge to one another.
7.2.4 BA expects that all networks involved in Transit Service will
deliver each call to each involved network with CCIS and the appropriate TCAP
message to facilitate full interoperability of those services supported by BA as
noted in Section 1.12 and billing functions. In all cases, HARVARDNET is
responsible to follow the EMR standard and exchange records with both BA and the
terminating LEC to facilitate the billing process to the originating network.
7.2.5 For purposes of this Section 7.2, BA agrees that it shall make
available to HARVARDNET, at HARVARDNET's sole option, any transiting arrangement
BA offers to another LEC at the same rates, terms and conditions provided to
such other LEC.
7.3 Dedicated Transit Service
7.3.1 "Dedicated Transit Service" provides for the dedicated
connection between a HARVARDNET collocation arrangement established pursuant to
applicable tariffs and/or license agreements at a BA premises and a collocation
arrangement of a third party carrier that maintains a collocation arrangement at
the same premises. Dedicated Transit Service shall be provided using a
cross-connection (dedicated connection) using suitable BA-provided cable or
transmission facilities or any other mutually agreed upon arrangement
7.3.2 The carrier that requests the Dedicated Transit Service shall
be the customer of record for both ends of the service in terms of ordering,
provisioning, maintenance, and billing. Alternative arrangements may be utilized
if agreed upon by all three parties.
7.4 911/E911 Arrangements
7.4.1 To the extent required by applicable law, HARVARDNET will
interconnect to the BA 911/E911 selective router/911 tandems which serve
the areas in which HARVARDNET provides exchange services , for the
provision of 911/E911 services and for access to all sub-tending Public
Safety Answering Points ("PSAPs"). BA will provide HARVARDNET with the
appropriate CLLI codes and specifications of the tandem serving area.
7.4.2 Path and route diverse interconnections for 911/E911 shall be
made at the H-IP, the B-IP, or other points as necessary and mutually agreed.
7.4.3 BA will provide HARVARDNET with an electronic interface
through which HARVARDNET shall input and provide a daily update of 911/E911
database information
27
related to appropriate HARVARDNET Customers. BA will provide HARVARDNET with the
Master Street Address Guide ("MSAG") so that HARVARDNET can ensure the accuracy
of the data transfer. Additionally, BA shall assist HARVARDNET in identifying
the appropriate person in each municipality for the purpose of obtaining the
ten-digit Subscriber number of each PSAP.
7.4.4 BA and HARVARDNET will use their best efforts to facilitate
the prompt, robust, reliable and efficient interconnection of HARVARDNET systems
to the 911/E911 platforms.
7.4.5 HARVARDNET will compensate BA for connections to its 911/E911
System pursuant to the rules set forth in Mass. DPU Order 96-73/74/75, et al.,
at 70 dated 12/4/96 (the "Phase IV Consolidated Order).
7.4.6 HARVARDNET will comply with all applicable rules and
regulations pertaining to the provision of 911/E911 services in the Commonwealth
of Massachusetts.
8.0 JOINT NETWORK CONFIGURATION AND GROOMING PLAN; AND INSTALLATION,
MAINTENANCE, TESTING AND REPAIR.
8.1 Joint Network Configuration and Grooming Plan. Within six (6) months
of the date of the Agreement, or as mutually agreed to by the Parties,
HARVARDNET and BA shall jointly develop a grooming plan (the "Joint Grooming
Plan"). From time to time the Parties may upon mutual agreement, modify the
Joint Grooming plan so that interconnection between them is accomplished in a
manner, which remains efficient, reliable and incorporating the then emerging
technologies which shall define and detail, inter alia,
(a) agreement on Physical Architecture consistent with the guidelines
defined in Section 4.0;
(b) standards to ensure that Interconnection trunk groups experience a
grade of service, availability and quality which is comparable to
that achieved on interoffice trunks within BA's network and in
accord with all appropriate relevant industry-accepted quality,
reliability and availability standards;
(c) the respective duties and responsibilities of the Parties with
respect to the administration and maintenance of the trunk groups,
including but not limited to standards and procedures for
notification and discoveries of trunk disconnects;
(d) disaster recovery provision escalations;
(e) such other matters as the Parties may agree;
The initial mutual interconnection is not dependent upon completion of the
Grooming Plan.
28
8.2 Installation, Maintenance, Testing and Repair.
BA's standard intervals as set forth in attached will be utilized in connection
with the establishment of all Interconnection trunking arrangements between the
Parties. HARVARDNET shall meet the same intervals for comparable installations,
maintenance, joint testing, and repair of its facilities and services associated
with or used in conjunction with Interconnection or shall notify BA of its
inability to do so and will negotiate such intervals in good faith.
8.3 The Parties will carefully review the Network Reliability Council's
recommendations and, as part of the Joint Grooming Plan implement them where
technically and economically feasible.
9.0 UNBUNDLED ACCESS -- SECTION 251(c)(3)
Pursuant to Section 251 (c)(3), BA shall provide nondiscriminatory access
to Network Elements on an Unbundled basis at any technically feasible point on
rates, terms and conditions that are just, reasonable and nondiscriminatory in
accordance with the terms an conditions of this Agreement and Section 252 of the
Act.
9.1 Local Link Transmission Types
Subject to Section 9.5, BA shall allow HARVARDNET to access the following
Link types (in addition to those Links available under applicable tariffs)
unbundled from local switching and local transport in accordance with the terms
and conditions set forth in this Section 9.0.
9.1.1 "2-Wire Switched Analog Voice Grade Links" or "Analog 2W"
("SVGAL") which support analog transmission of 300-3000 Hz, repeat link start,
link reverse battery, or ground start seizure and disconnect in one direction
(toward the End Office Switch), and repeat ringing in the other direction
(toward the Customer). Analog 2W include Links sufficient for the provision of
PBX trunks, pay telephone lines and electronic key system lines.
9.1.2 "4-Wire Switched Analog Voice Grade Links" or "Analog 4W"
("SVGAL") which support transmission of voice grade signals using separate
transmit and receive paths and terminate in a 4-wire electrical interface.
9.1.3 "2-Wire ISDN Digital Grade Links" or "BRI ISDN" which support
digital transmission of two 64 Kbps bearer channels and one 16 Kbps data
channel. BRI ISDN is a 2B+D Basic Rate Interface-Integrated Services Digital
Network ("BRI-ISDN") Link which will meet national ISDN standards and conform to
ANSI T1.601-1992 & T1E1.4 90-004R3.
9.1.5 Links will be offered on the terms and conditions specified
herein and on such other terms in applicable tariffs that are not inconsistent
with the terms and conditions set
29
forth herein. BA shall make Links available to HARVARDNET at the rates specified
in the Pricing Schedule, as amended from time to time, subject to the provisions
of Section 9.9 or as subsequently determined by the Department.
9.2 ADSL and HDSL
9.2.1 The Parties acknowledge that ADSL is not currently deployed
for use in the BA network. If the issues surrounding deployment of ADSL in BA's
network are satisfactorily resolved and ADSL is deployed, BA shall allow
HARVARDNET to access ADSL Links unbundled from local switching and local
transport in accordance with the terms and conditions set forth in this Section
9.0 and pursuant to the development of BA technical requirements (e.g.,
TR72575).
9.2.2 "2-Wire ADSL-Compatible Link" or "ADSL 2W" is a transmission
path which facilitates the transmission of up to a 6 Mbps digital signal
downstream (toward the Customer) and up to approximately a 1 Mbps digital signal
upstream (away from the Customer) while simultaneously carrying an analog voice
signal. An ADSL-2W is provided over a 2-Wire non-loaded twisted copper pair
provisioned using revised resistance design guidelines. An ADSL-2W terminates in
a 2-wire electrical interface at the Customer premises and at the BA Central
Office frame.. ADSL compatible Links are only available where existing copper
facilities can meet revised resistance guidelines. Equipment connecting to an
ADSL-2W shall meet the Power Spectral Density mask specifications in T1 LB 652
or T1 LB 653.
9.2.3 "2-Wire HDSL-Compatible Link" or "HDSL 2W" is a transmission
path which facilitates the transmission of a 768 Kbps digital signal over a
2-Wire non-loaded twisted copper pair meeting the specifications in ANSI T1E1
Committee Technical Report Number 28 / T1E1.4/92-002R3. HDSL compatible Links
are available only where existing copper facilities can meet the T1E1 Technical
Report Number 28 specifications.
9.2.4 "4-Wire HDSL-Compatible Link" or "HDSL 4W" is a transmission
path which facilitates the transmission of a 1.544 Mbps digital signal over two
2-Wire non-loaded twisted copper pairs meeting the specifications in ANSI T1E1
Committee Technical Report Number 28. HDSL compatible Links are available only
where existing copper facilities can meet the specifications.
9.2.5 HDSL and ADSL compatible links will be offered on the terms
and conditions specified herein and on such other terms in applicable tariffs
that are not inconsistent with the terms and conditions set forth herein. BA
shall make such links available to HARVARDNET at rates approved by the DPU, as
amended from time to time.
9.3 Port Types
BA shall make available to HARVARDNET unbundled Ports in accordance with
the terms and conditions of and at the rates specified in the Pricing Schedule.
30
9.4 Private Lines, Special Access and Switched Transport
BA shall provide unbundled private lines, special access and switched
local transport from the trunk side of its switches in accordance with the terms
and conditions of and at the rates specified in applicable tariffs.
9.5 Limitations on Unbundled Access
9.5.1 Unless otherwise permitted by the DPU or FCC, HARVARDNET may
not cross-connect a BA-provided Link to a BA- provided Port but instead shall
purchase a network access line under applicable tariffs.
9.5.2 BA shall only be required to provide Links and Ports where
such Links and Ports are available.
9.5.3 HARVARDNET shall access BA's unbundled Network Elements specifically
identified in this Agreement via Collocation in accordance with Section 12.0 at
the BA Wire Center where those elements exist and each Link or Port shall be
delivered to HARVARDNET's Collocation node by means of a Cross Connection which
in the case of Links, is included in the rates set forth in the Pricing Schedule
or via such other alternative arrangement(s) as the Parties may mutually agree,
or FCC rules, the ACT or DPU rules may otherwise require.
9.5.4 BA shall provide HARVARDNET access to its unbundled Links at
each of BA's Wire Centers. In addition, if HARVARDNET requests one or more Links
serviced by Integrated Digital Link Carrier or Remote Switching technology
deployed as a Link concentrator, BA shall, where available, move the requested
Link(s) to a spare, existing physical Link at no charge to HARVARDNET. If,
however, no spare physical Link is available, BA shall within three (3) Business
days of HARVARDNET's request notify HARVARDNET of the lack of available
facilities. HARVARDNET may then at its discretion make a Network Element Bona
Fide Request to BA to provide the unbundled Link through the demultiplexing of
the integrated digitized Link(s). HARVARDNET may also make a Network Element
Bona Fide Request for access to unbundled Links at the Link concentration site
point. Notwithstanding anything to the contrary in this Agreement, the
provisioning intervals set forth in Section 9.7 and the Performance Interval
Dates and Performance Criteria set forth in Section 27.0 shall not apply to
unbundled Links provided under this Section 9.5.4.
9.5.5 If HARVARDNET orders a Link type and the distance requested on
such Link exceeds the transmission characteristics as referenced in the
corresponding Technical Reference specified below, distance extensions may be
required and additional rates and charges shall apply as set forth on the
Pricing Schedule. Parties agree that full technical solutions may not be
available for HDSL and ADSL for these arrangements at the signing of this
agreement, but will make a good faith effort to implement such solutions.
31
Link Type Technical Reference/Limitation
Electronic Key Line 2.5 miles
ISDN Bellcore TA-NWT-000393
HDSL 2W T1E1 Technical Report Number 28
HDSL 4W T1E1 Technical Report Number 28
ADSL 2W ANSI T1.413-1995 Specification
9.6 Availability of Other Network Elements on an Unbundled Basis
9.6.1 BA shall, upon request of HARVARDNET, at any technically
feasible point provide to HARVARDNET access to its Network Elements on an
unbundled basis for the provision of HARVARDNET's Telecommunications Service.
Any request by HARVARDNET for access to a BA Network Element that is not already
available shall be treated as a Network Element Bona Fide Request. HARVARDNET
shall provide BA access to its Network Elements as mutually agreed by the
Parties or as required by the Act, Department or FCC.
9.6.2 A Network Element obtained by one Party from the other Party
under this Section 9.6 may be used in combination with the facilities of the
requesting Party only to provide a Telecommunications Service, including
obtaining billing and collection, transmission, and routing of the
Telecommunications Service.
9.6.3 Notwithstanding anything to the contrary in this Section 9.6,
a Party shall not be required to provide a proprietary Network Element to the
other Party under this Section 9.5 except as required by the Act, Department or
FCC.
9.7 Provisioning of Unbundled Links
The following coordination procedures shall apply for new unbundled Links
and the conversions of "live" Telephone Exchange Services to unbundled Links
(herein after referred to as "hot cuts"):
9.7.1 HARVARDNET shall request unbundled Links from BA by delivering
to BA a valid electronic transmittal Service Order using the BA electronic
ordering platform (as cooperatively designed and implemented to meet the minimum
requirements for information exchange needed to order and provision services to
certified local exchange carriers and enhanced to support industry standards as
developed for interconnection services) or another mutually agreed upon system.
Within two (2) business days of BA's receipt of a Service Order, BA shall
provide HARVARDNET the firm order commitment ("FOC") date according to the
applicable Performance Interval Dates set forth in Schedule 27.0 by which the
Link(s) covered by such Service Order will be installed.
9.7.2 BA agrees to accept from HARVARDNET at the time the service
request is submitted for scheduled conversion of hot cut unbundled Link orders,
a desired date and time (the "Scheduled Conversion Time") in the "A.M." (12:01
am to 12:00 noon) or "P.M." (12:01pm
32
to 12:00 midnight) (as applicable, the "Conversion Window") for the hot cut.
9.7.3 BA shall test for HARVARDNET dial tone at the POT Bay by
testing through the tie cable provisioned between the BA main distributing frame
and the HARVARDNET expanded interconnection node forty-eight (48) hours prior to
the Scheduled Conversion Time.
9.7.4 Not less than one hour prior to the Scheduled Conversion Time,
either Party may contact the other Party and unilaterally designate a new
Scheduled Conversion Time (the "New Conversion Time"). If the New Conversion
Time is within the Conversion Window, no charges shall be assessed on or waived
by either Party. If, however, the New Conversion Time is outside of the
Conversion Window, the Party requesting such New Conversion Time shall be
subject to the following:
If BA requests the New Conversion Time, the applicable Service Order
Charge shall be waived; and
If HARVARDNET requests the New Conversion Time, HARVARDNET shall be
assessed a Service Order Charge in addition to the Service Order
Charge that will be incurred for the New Conversion Time.
9.7.5 Except as otherwise agreed by the Parties for a specific
conversion, such as large cutovers of ten lines or more that have negotiated
intervals, the Parties agree that the time interval expected from disconnection
of BA's "live" Telephone Exchange Service to the connection of an unbundled
Network Element at the HARVARDNET Collocation node's POT Bay will be
accomplished within a window of time of sixty (60) minutes or less through the
end of this Agreement. If a conversion exceeds the specified interval and such
delay is caused solely by BA (and not by a contributing Delaying Event (as
defined in Section 27.4)), BA shall waive the applicable Service Order Charge
for such element. If HARVARDNET has ordered INP with the installation of a Link,
BA will coordinate the implementation of INP the Link conversion during the
above stated intervals at no additional charge.
9.7.6 If either Party requests or approves the other Party
technician to perform services in excess of or not otherwise contemplated by the
Service Order charge, either Party may charge the other Party for any additional
and reasonable labor charges to perform such services.
9.7.7 If as the result of end user actions, (e.g., Customer not
ready ["CNR"]), BA cannot complete requested work activity when a technician has
been dispatched to the site HARVARDNET will be assessed a non-recurring charge
associated with this visit. This charge will be the sum of the Service Order
Charge and Premises Visit Charge as specified in DPU No. 10., Part M, Section
1.3.
9.7.8 Until such time as the Department approves a non-recurring
unbundled network element Service Order Charge(s) an interim non-recurring
service order charge shall
33
apply on a per link or other unbundled element basis. The interim service order
charge rate shall equal the Service Ordering Charge to install a business
network access line as specified in D.P.U. No. 10, Part M Section 1.3.
9.8 Maintenance of Unbundled Network Elements
If (i) HARVARDNET reports to BA a Customer trouble, (ii) HARVARDNET
requests a dispatch, (iii) BA dispatches a technician, and (iv) such trouble was
not caused by BA's facilities or equipment in whole or in part, then HARVARDNET
shall pay BA a trip charge of $60.00 and $29.15 per quarter hour for time
associated with said dispatch beyond the first 1/2 hour. In addition this charge
also applies when the end user contact as designated by HARVARDNET is not
available at the appointed time. HARVARDNET accepts responsibility for initial
trouble isolation and providing BA with appropriate dispatch information based
on their test results. If as the result of HARVARDNET instructions, BA is
erroneously requested to dispatch within a BA Central Office or to a POT Bay
("dispatch in"), a charge of $100.00 per occurrence will be assessed to
HARVARDNET's by BA. BA agrees to respond to HARVARDNET's trouble reports on a
non-discriminatory basis consistent with the manner in which it provides service
to its own retail customers or any other Telecommunications Carrier.
9.9 True-Up of Monthly Unbundled Link Charges for Massachusetts
9.9.1 BA and HARVARDNET agree to provide true-ups to one another for
all Links purchased in Massachusetts by HARVARDNET, through the end of the
initial term of this Agreement up to:
a) the date of the Initial Link Rate Decision, as defined in
Section 9.9.3; and or
b) the date of the Final Link Rate Decision, as defined in
Section 9.9.4.
9.9.2 "Current Monthly Rate" is $16.50.
9.9.2.1 Notwithstanding the foregoing paragraph 9.9.2, nothing
in this Agreement shall be construed to imply that HARVARDNET agrees that the
rate referenced in Section 9.9.2 is a reasonable or appropriate charge for
unbundled Links.
9.9.3 "Initial Link Rate Decision" is any decision of the Department
establishing any interim monthly Link rates which is issued subsequent to the
date of the execution of this Agreement and before the expiration of the initial
term of this Agreement.
9.9.4 "Final Link Rate Decision" represents the lower of any of the
following which occur during the initial term of this Agreement:
a) a decision of the Department establishing permanent
monthly link
34
rates which is issued subsequent to either the date of
this Agreement or the Initial Link Rate Decision as
modified by any rulings by the FCC or appeals ruled upon
in any federal or state court of competent jurisdiction,
b) any Link rate established through arbitration between BA
and a third party that is approved by a ruling of the
Department, the FCC or any federal or state court of
competent jurisdiction.
9.9.5 "Initial Link Months" represents the cumulative sum of total
links in service to HARVARDNET each month for the period beginning on the
effective date of this Agreement and ending at the date of the Initial Link Rate
Decision. For example, if 10 Links are in service each month for 5 months, the
number of Link Months would equal 50.
9.9.6 "Final Link Months" represents the cumulative sum of total
links in service to HARVARDNET each month for the period beginning on the
effective date of the Agreement and ending at the date of the Final Link Rate
Decision.
9.9.7 "Initial Per-Link True-up" represents the difference between
the Current Monthly Rate and the rate established under the Initial Link Rate
Decision.
9.9.8 "Final Per-Link True-up" represents the difference between the
rate established under any Initial Link Rate Decision and the Final Link Rate
Decision; or the difference between the Current Monthly Rate and the Final Link
Rate Decision absent any Initial Link Rate Decision.
9.9.9 "Initial True-up Amount" is the product amount calculated by
multiplying Initial Link Months by the Initial Per-Link True-up.
9.9.10 "Final True-up Amount" is the product amount calculated by
multiplying Final Link Months by the Final Per-Link True-up.
9.9.11 BA agrees to pay HARVARDNET and HARVARDNET agrees to pay BA
the Initial True-up Amount as applicable within thirty (30) days of the Initial
Link Rate Decision.
9.9.12 BA agrees to pay HARVARDNET and HARVARDNET agrees to pay BA
the Final True-up Amount as applicable within thirty (30) days of any Final Link
Decision.
9.9.13 HARVARDNET and BA will track the number of Link Months on a
prospective basis up until payment of the Final True-up Amount.
9.10 Acknowledgments Related to Unbundled Network Elements
35
9.10.1 HARVARDNET acknowledges that BA's provision of unbundled
links provides it with local loop transmission from the central office to the
customer's premises, unbundled from local switching or other services.
9.10.2 HARVARDNET acknowledges that BA's provision of unbundled
switched transport provides it with local transport from the trunk side of a
wireline local exchange carrier switch unbundled from switching or other
services.
9.10.3 HARVARDNET acknowledges that BA's provision of unbundled
line-side ports and unbundled trunk-side ports provides them local switching
unbundled from transport, local loop transmission and other services.
9.10.4 HARVARDNET acknowledges that the Network Element Bona Fide
Request Process established pursuant to this Agreement satisfies certain
requirements of the Act to provide unbundled network elements.
10.0 RESALE -- SECTIONS 251(c)(4) and 251(b)(1)
10.1 Availability of Wholesale Rates for Resale
BA shall offer to HARVARDNET for resale at wholesale rates its local
exchange telecommunications services, as described in Section 251(c)(4) of the
Act, at the rates set forth in the Pricing Schedule, pending approval by the
Department of permanent resale rates, pursuant to the terms and conditions of
BA's applicable tariffs which it expects to file during the term of this
Agreement. . BA shall make such resale arrangements available to HARVARDNET as
soon as it makes such resale service available in the Commonwealth of
Massachusetts. Pending approval of such permanent resale rates and tariffs BA
shall offer. HARVARDNET resale arrangements as set forth in the Interim Resale
Agreements filed with the Department, or as otherwise provided herein.
10.2 Availability of Retail Rates for Resale
Each Party shall make available its Telecommunications Services for resale
at retail rates to the other Party in accordance with Section 251(b)(1) of the
Act in accordance with each Party's applicable approved tariffs.
11.0 NOTICE OF CHANGES -- SECTION 251(c)(5)
If a Party makes a change in its network which it believes will materially
affect the inter-operability of its network with the other Party, the Party
making the change shall provide at least ninety (90) days advance written notice
of such change to the other Party. In addition, the
36
Parties will comply with the Network Disclosure rules adopted by the FCC in CC
Docket No. 86-79 as may be amended from time to time.
12.0 COLLOCATION -- SECTION 251(c)(6)
12.1 Upon request, BA shall provide to HARVARDNET Physical Collocation for
its transport facilities and equipment, pursuant to the terms and conditions of
BA's applicable tariffs on file with the FCC and the Department as necessary for
Interconnection (pursuant to Section 4.0) or for access to unbundled Network
Elements (pursuant to Section 9.0). BA may provide for Virtual Collocation if BA
demonstrates to the Department that Physical Collocation is not practical for
technical reasons or because of space limitations, as provided in Section
251(c)(6) of the Act. Upon request by HARVARDNET and to the extent technically
feasible and as space permits, BA shall provide collocation at additional
locations for placement of such equipment and alternative physical collocation
arrangements.
12.2 Although not required to do so by Section 251(c)(6) of the Act, by
this Agreement, HARVARDNET agrees to provide to BA upon BA's Network Element
Bona Fide Request, Collocation of equipment for purposes of Interconnection
(pursuant to Section 4.0) on a non-discriminatory basis and at comparable rates,
terms and conditions as HARVARDNET may provide to other common carriers.
HARVARDNET shall provide such Collocation subject to applicable tariffs or
contracts.
12.2 The Collocating Party shall provide its own or third-party leased
transport facilities and terminate those transport facilities in equipment
located in its Physical Collocation space at the Housing Party's premises as
described in applicable tariffs or contracts and purchase Cross Connection to
services or facilities as described in applicable tariffs or contracts.
13.0 NUMBER PORTABILITY -- SECTION 251(b)(2)
13.1 Scope
13.1.1 The Parties shall provide Number Portability on a reciprocal
basis to each other to the extent technically feasible, and in accordance with
rules and regulations as from time to time prescribed by the FCC and/or the
Department.
13.1.2 Until Number Portability is implemented by the industry
pursuant to regulations issued by the FCC or the Department, the Parties agree
to provide Interim Telephone Number Portability ("INP") to each other through
remote call forwarding, route indexing, and full NXX code migration at the
prices listed in the Pricing Schedule.
13.1.3 Once Number Portability is implemented pursuant to FCC or
Department regulation, either Party may withdraw, at any time and at its sole
discretion, its INP offerings, subject to advance notice to the other Party and
coordination to allow the seamless and transparent conversion of INP Customer
numbers to Number Portability. Upon implementation
37
of Number Portability pursuant to FCC regulation, both Parties agree to conform
and provide such Number Portability.
13.2 Procedures for Providing INP Through Remote Call Forwarding
HARVARDNET and BA will provide INP through Remote Call Forwarding as
follows:
13.2.1 A Customer of one Party ("Party A") elects to become a
Customer of the other Party ("Party B"). The Customer elects to utilize the
original telephone number(s) corresponding to the Exchange Service(s) it
previously received from Party A, in conjunction with the Exchange Service(s) it
will now receive from Party B. Upon receipt of confirmation of a service order
from the Customer (and an associated service order) assigning the number to
Party B, Party A will implement an arrangement whereby all calls to the original
telephone number(s) will be forwarded to a new telephone number(s) designated by
Party B. It is Party B's responsibility to maintain a file of all service orders
and Party A may request, upon reasonable notice, a copy of the service order to
be used solely for the purpose of examining compliance with this section. Party
A will route the forwarded traffic to Party B over the appropriate Telephone
Exchange Service Trunks as if the call had originated on Party A's network.
13.2.2 Party B will become the customer of record for the original Party A
telephone numbers subject to the INP arrangements. Party A shall use its
reasonable efforts to consolidate into as few billing statements as possible all
collect, calling card, and 3rd-number billed calls associated with those
numbers, with sub-account detail by retained number. At Party B's sole
discretion, such billing statement shall be delivered to Party B in an
agreed-upon format via either electronic file transfer, daily magnetic tape, or
monthly magnetic tape.
13.2.3 Party A will update its Line Information Database ("LIDB")
listings for retained numbers, and restrict or cancel calling cards associated
with those forwarded numbers as directed by Party B.
13.2.4 Within two (2) business days of receiving notification from
the Customer, Party B shall notify Party A of the Customer's termination of
service with Party B, and shall further notify Party A as to that Customer's
instructions regarding its telephone number(s). Party A will reinstate service
to that Customer, cancel the INP arrangements for that Customer's telephone
number(s), or redirect the INP arrangement to another INP-participating-LEC
pursuant to the Customer's instructions at that time.
13.3 Procedures for Providing INP Through Route Indexing
Upon mutual agreement, BA will deploy a Route Index arrangement as
mutually agreed upon, which combines direct trunks, provisioned between BA's and
HARVARDNET's End Offices, with trunk side routing translations and full
functionality for those CLASS services available in the BA switch. Under this
arrangement, inbound calls to a ported number will be pointed at a route index
that sends the call to a dedicated trunk group, built as a direct final, for the
38
sole purpose of facilitating completion of calls to a ported number. BA will
coordinate with HARVARDNET to provide this solution in a mutually agreeable and
administratively manageable manner (e.g., NXX level) so as to minimize switch
resource utilization for both Parties.
13.4 Procedures for Providing INP Through Full NXX Code Migration
Where either Party has activated an entire NXX for a single Customer, or
activated a substantial portion of an NXX for a single Customer with the
remaining numbers in that NXX either reserved for future use or otherwise
unused, if such Customer chooses to receive service from the other Party, the
first Party shall cooperate with the second Party to have the entire NXX
reassigned in the LERG (and associated industry databases, routing tables, etc.)
to an End Office operated by the second Party. Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead-times for movements of NXXs from one switch to
another.
13.5 Other Interim Number Portability Options
HARVARDNET may also request Direct Inward Dial Trunks pursuant to
applicable tariffs. If information or interim number portability is made
available to any Party for information services tariff (e.g., 976), it will be
made available to HARVARDNET.
13.6 Receipt of Terminating Compensation on Traffic to INP'ed Numbers
The Parties agree that the prices set forth in the Pricing Schedule shall
apply for each number ported.
The Parties agree that under INP terminating compensation on calls to
INP'ed numbers should be received by each Customer's chosen LEC as if each call
to the Customer had been originally addressed by the caller to a telephone
number bearing an NPA-NXX directly assigned to the Customer's chosen LEC. In
order to accomplish this objective where INP is employed, the Parties shall
utilize the process set forth in this Section 13.6 whereby terminating
compensation on calls subject to INP will be passed from the Party which
performs the INP (the "Performing Party") to the other Party for whose Customer
the INP is provided (the "Receiving Party").
13.6.1 The Parties shall individually and collectively track and
quantify INP traffic between their networks based on the CPN of each call by
identifying CPNs which are INP'ed numbers. The Receiving Party shall charge the
Performing Party for each minute of INP traffic at the INP Traffic Rate
specified in Section 13.6.3 in lieu of any other compensation charges for
terminating such traffic.
13.6.2 By the Interconnection Activation Date in each LATA, the
Parties shall jointly estimate for the prospective year, based on historic data
of all traffic in the LATA, the percentages of such traffic that if dialed to
telephone numbers bearing NPA-NXXs directly assigned to a Receiving Party (as
opposed to the INP'ed number) would have been subject to (i)
39
Local Traffic exchanged between the Parties ("Local Reciprocal Traffic"), (ii)
IntraLATA Toll Traffic exchanged between the Parties ("IntraLATA Toll Reciprocal
Traffic"), (iii) appropriate intrastate FGD charges ("Intra Traffic"), (iv)
interstate FGD charges ("Inter Traffic"), or (v) handling as Local Traffic under
transiting arrangements between the Parties ("Transit Traffic"). For the
purposes of this section only, HARVARDNET'S intra-switch INP traffic should be
treated as Transit Service and assumed to be zero. On the date which is six (6)
months after the Interconnection Activation Date, and thereafter on each
succeeding six month anniversary of such Interconnection Activation Date, the
Parties shall establish new INP traffic percentages to be applied in the
prospective six (6) month period, based on actual INP traffic percentages from
the preceding six (6) month period.
13.6.3 The INP Traffic Rate shall be equal to the sum of:
(Local Reciprocal Traffic percentage times the Local Reciprocal
Compensation Rate set forth in the Pricing Schedule) plus (IntraLATA Toll
Reciprocal Traffic percentage times the Reciprocal Compensation Rate set forth
in the Pricing Schedule) plus (Intra Traffic percentage times BA's effective
intrastate FGD rates) plus (Inter Traffic percentage times BA's effective
interstate FGD rates).
A rate of zero shall be applied to the Transit Traffic percentage.
13.7 True-up of Monthly INP Costs
13.7.1 Until such time as a competitively neutral cost recovery
mechanism is implemented pursuant to a DPU or FCC order ("the Interim Recovery
Period"), the parties shall track and record the cumulative sum of ported
numbers provided via an INP functionality to each other each month for the
purpose of calculating an INP true-up amount that the party providing an INP
functionality may then be entitled to xxxx and receive under such DPU or FCC
order. The true-up amount shall equal the sum of the ported numbers provided to
the party receiving the INP functionality, multiplied by the number of months
applicable to each ported number during the Interim Recovery Period, multiplied
by the Final INP Rate set by the DPU or FCC. Numbers ported prior to February 1,
1997, shall be provided at the prices listed in the Pricing Schedule.
13.7.2 In the event the DPU or FCC establishes a competitively
neutral cost recovery mechanism which allows recovery of amounts for the
provision of INP functionalities different from those amounts listed for such
functionalities in the Pricing Schedule, the Parties shall adopt such different
amounts in accordance with such competitively neutral cost recovery mechanism.
Should the FCC or DPU adopt a competitively neutral cost recovery mechanism for
INP which differs from that stipulated to by the Parties herein, the Parties
shall adopt such a mechanism pursuant to said order in lieu of the payment
arrangements outlined in this Section 13.0.
14.0 NUMBER RESOURCES ASSIGNMENTS
40
BA shall continue to assign to HARVARDNET NXX codes in accordance with
national guidelines at no charge.
15.0 DIALING PARITY -- SECTION 251(b)(3)
BA shall provide Local Dialing Parity as required under Section 251(b)(3)
of the Act in the following manner: Telephone numbers are provided pursuant to
Section 13.0; Directory Assistance is provided pursuant to Section 19.2;
Directory Listings are provided pursuant to Section 19.1; and Operator Services
are provided to Sections 19.2.4 and 19.2.6.
16.0 ACCESS TO RIGHTS-OF-WAY -- SECTION 251(b)(4)
Each Party shall provide the other Party access to its poles, ducts,
rights-of-way and conduits it owns or controls, to the extent permitted by law
and as required by Section 224 of the Act or Department Order, on terms,
conditions and prices comparable to those offered to any other entity pursuant
to each Party's applicable tariffs and/or standard agreements with such
entities.
17.0 DATABASES AND SIGNALING
BA shall provide HARVARDNET with interfaces to access BA's databases,
including LIDB and 800/888, as well as DCAS for ordering and provisioning
purposes, and associated signaling necessary for the routing and completion of
HARVARDNET's traffic through the provision of SS7 under its applicable tariffs.
18.0 REFERRAL ANNOUNCEMENT
When a Customer changes its service provider from BA to HARVARDNET, or
from HARVARDNET to BA, and does not retain its original telephone number, the
Party formerly providing service to such Customer shall provide a referral
announcement ("Referral Announcement") on the abandoned telephone number which
provides details on the Customer's new number. Referral Announcements shall be
provided reciprocally, free of charge to either the other Party or the Customer,
for a period of not less than four (4) months after the date the Customer
changes its telephone number in the case of business Customers and not less than
sixty (60) days after the date the Customer changes its telephone number in the
case of residential Customers. However, if either Party provides Referral
Announcements for a period different than the above respective periods when its
Customers change their telephone numbers, such Party shall provide the same
level of service to Customers of the other Party.
19.0 DIRECTORY SERVICES ARRANGEMENTS
BA will provide certain directory services to HARVARDNET as defined
herein. In this Section 19 of this Agreement, references to HARVARDNET Customer
telephone numbers means telephone numbers falling within NXX codes directly
assigned to HARVARDNET and to numbers
41
which are retained by HARVARDNET on the Customer's behalf pursuant to Interim
Telephone Number Portability arrangements described in Section 13 of this
Agreement.
19.1 Directory Listings and Directory Distributions
19.1.1 BA will include HARVARDNET's Customers telephone numbers in
all of its "White Pages" and "Yellow Pages" directory listings (including
electronic directories) and directory assistance databases associated with the
areas in which HARVARDNET provides services to such Customers, and will
distribute such directories to such Customers, in an identical and transparent
manner in which it provides those functions for its own Customers' telephone
numbers.
19.1.2 BA will include all HARVARDNET NXX codes on appropriate
existing calling charts in the BA Customer Guide section of the directory in the
same manner as it provides this information for its own NXX codes.
19.1.3 HARVARDNET will provide BA with its directory listings
according to Section 19.1.5 and daily updates to those listings (including new,
changed, and deleted listings) in a mutually agreed upon format at no charge. BA
may use such publicly available information in the manner and to the same extent
available to third parties.
19.1.4 BA will accord HARVARDNET's directory listing information the
same level of confidentiality which BA accords its own directory listing
information.
19.1.5 BA shall provide HARVARDNET at no charge with (i) one basic
single line white and yellow page directory listing per business Customer
number, or one basic single line white page directory listing per residence
Customer number, (ii) directory distribution for HARVARDNET Customers, and (iii)
listings of HARVARDNET Customers in the directory assistance database.
19.1.6 BA will provide HARVARDNET with a report of all HARVARDNET
Customer listings ninety (90) days prior to book closing in such form and format
as may be mutually agreed to by both parties. Both Parties shall use their best
efforts to ensure the accurate listing of such information. BA shall continue to
accept new listings during this ninety day period for publication.
19.1.7 Yellow Page Maintenance
BA will work cooperatively with HARVARDNET so that Yellow Page
advertisements purchased by Customers who switch their service to HARVARDNET
(including Customers utilizing Interim Telephone Number Portability) are
maintained without interruption. BA will allow HARVARDNET Customers to purchase
new yellow pages advertisements without discrimination, under the identical
rates, terms and conditions that apply to BA's Customers.
42
19.1.8 Information Pages
BA will include in the "Information Pages" or comparable section of
its White Pages Directories for areas served by HARVARDNET, listings provided by
HARVARDNET for HARVARDNET's installation, repair and customer service and other
service-oriented information, including appropriate identifying logo. Such
listings shall appear in the manner that such information appears for
subscribers of BA and other LECs. BA shall not charge HARVARDNET for inclusion
of this information.
19.2 Directory Assistance ("DA") and Operator Services
Under this option, BA will provide Directory Assistance to HARVARDNET end
users on behalf of HARVARDNET.
BA will offer Directory Assistance ("DA") service to HARVARDNET's
customers served by HARVARDNET's own switch over separate trunk groups ordered
by HARVARDNET to the BA TOPS switch(es) as specified by BA. Access to the BA DA
platform from HARVARDNET's local switch requires that HARVARDNET utilize Feature
Group C ("FG-C") Modified Operator Services Signaling. The Interoffice
Transmission Facility ("IOF") mileage rate for the facility will be based on
airline mileage using V&H coordinate methods from the HARVARDNET location to the
nearest BA TOPS. Trunk terminations at the TOPS switch(es) require HARVARDNET to
purchase trunk ports at rates specified in the Pricing Schedule. For each trunk
group HARVARDNET must indicate the DA option selected as set forth in 19.2.2
(a), (b) and (c) immediately following. BA also provides HARVARDNET, using the
unbundled local switching element, access to this optional service either
through dedicated IOF and trunk ports or on shared operator service trunks
between the end office in which they have unbundled local switching ports and
the TOPS switches. Additional per minute of use ("MOU") local switching charges
will apply for all calls which interconnect from the unbundled local switching
ports to the BA TOPS as described in the Pricing Schedule.
19.2.1 Directory Assistance
This option provides HARVARDNET end users access to Telephone Directory
Assistance operators via 411, 555-1212, or 1+ (NPA) 555-1212 dialing.
Rates for requests for Directory Assistance will be billed to HARVARDNET
and are set forth in the Pricing Schedule.
There are no Directory Assistance call allowances provided to HARVARDNET
or their end users.
19.2.2 Directory Assistance with Branding
This service allows HARVARDNET to select only one of the three options as
follows:
43
*(a) HARVARDNET may provide BA with a HARVARDNET branded,
introductory Directory Assistance and Operator Services announcement which will
be played for all HARVARDNET end users completing DA or Operator Services calls
over the trunk group to the BA TOPS.
*(b) HARVARDNET may request BA branded announcement.
*(c) HARVARDNET may request an unbranded, generic announcement.
This message may be a maximum of eighteen (18) seconds and may be recorded
by HARVARDNET or, at HARVARDNET's request, by BA. A minimum of two (2) audio
cassette recordings of the HARVARDNET branding announcement must be forwarded to
BA.
Rates for requests for Directory Assistance with branding will be billed
to HARVARDNET and are set forth in the Pricing Schedule.
19.3 Directory Assistance Call Completion (DACC)
This option provides for automatic connection of a HARVARDNET end user
calling BA DA to the published telephone number requested.
After the BA DA operator provides the requested number, a recorded service
message will offer to connect the caller to that number for a specified
additional charge.
The caller can accept the offer for DACC by depressing a button (touch
tone) or responding by voice (dial), as instructed by the voice message.
The DACC charge will apply as set forth in the Pricing Schedule. In
addition, for calls originating from a facilities-based HARVARDNET switch or for
calls from HARVARDNET unbundled local switching line ports, there will be
charges to terminate the call from the TOPS tandem to the called party. These
include the per minute of use Unbundled Tandem Transport Charges (UTTC) assessed
for each call transported between the TOPS tandem and the end office, the per
minute of use Tandem Transient Switching Charge (TTSC) assessed for each call
that traverses a BA tandem switch, and the appropriate per minute of use charges
for reciprocal compensation (UNRCC or UCRCC) depending on the terminating end
office switch, as set forth in the Pricing Schedule.
DACC is available to HARVARDNET residence and business customers and
from public telephones on a collect, xxxx to third number or calling card basis.
The charge appropriate to the billing option used will apply in addition to the
DACC charge.
DACC is available with all telephone numbers in the BA DA database
except:
44
- non-published telephone numbers
- interLATA numbers
- 700, 800 and 900 numbers
When a caller requests more than one number for Directory
Assistance, DACC is offered only for the first eligible listing that
was selected by the operator.
The DACC charge applies only to calls actually completed.
The DACC charge will be credited for completion of calls to the
wrong number, incomplete connections or calls with unsatisfactory
transmission as set forth in Section 19.4 following.
Rates for requests for DACC will be billed to HARVARDNET as set forth in
the Pricing Schedule.
19.4 Directory Assistance Credits
A credit allowance will apply to HARVARDNET for directory inaccessibility,
wrong numbers, cut-offs or poor transmission. When the HARVARDNET end user
reports to the BA directory assistance operator such a call and the number
requested, the number provided and the reason the number provided is incorrect,
the number of calls for which a credit will apply will be developed by the BA DA
operator and credited to HARVARDNET identifying the specific HARVARDNET end user
to whom the credit applies.
19.5 Direct Access to Directory Assistance ("DADA")
Direct Access to Directory Assistance ("DADA") is a database service that
provides for access to BA listings by a HARVARDNET operator. The DADA database
is a physically distinct entity from the BA DA database, populated with
identical listing data, and updated from the same source on a daily basis.
HARVARDNET is required to arrange for interconnection to the
database. BA will interconnect at any technically feasible point designated by
HARVARDNET.
BA will provide HARVARDNET with a User Guide for training its
agents.
Rates and Charges for DADA are set forth in the Pricing Schedule.
19.6 Inward Operator Services
Inward Operator Services enables the HARVARDNET end user or its operator
service provider to be connected to the BA Traffic Operation Position Systems
("TOPS") office(s) for
45
the purpose of providing operator services to their end users. There are two
types of Inward Operator Services:
(i) Busy Line Verification ("BLV"):
BLV is an option where, at the request of HARVARDNET's end user or
its operator service provider, a BA operator will attempt to determine the
status of an exchange service line (e.g., conversation in progress,
available to receive a call or out of service) and report to HARVARDNET's
end user or its operator service provider.
(ii) Busy Line Verification/Interrupt ("BLV/I")
BLV/I is an option where, at the request of HARVARDNET's end user or
its operator service provider, a BA operator determines and reports that a
conversation is in progress on an exchange service line and subsequently
interrupts such conversation to request that the conversation be
terminated so that HARVARDNET's end user can attempt to complete a call to
the line.
Inward Operator Services are provided over trunk groups ordered by
HARVARDNET or its alternate operator service provider to the BA TOPS switch(es)
as specified by BA.
Inward Operator Services cannot be provided on ported telephone
numbers, telephone number which forward calls using Call Forwarding Variable
service features.
- BA will provide BLV and BLV/I for telephone numbers provided
in its operating territory.
- The BA operator will respond to one telephone number per call
on requests for BLV or BLV/I.
- BA will designate which TOPS switch(es) services which NXXs
and make such information available to HARVARDNET.
- HARVARDNET shall order Inward Operator Services as set forth
in this Section..
- HARVARDNET and its customer shall indemnify and save BA
harmless against all claims that may arise from either party
to the interrupted call or any other person.
Rates and Charges for Inward Operator Services are set forth in the
Pricing Schedule.
46
19.7 Operator Service ("OS")
Under this option, BA shall provide for the routing of Operator Services
("OS") calls dialed by HARVARDNET subscribers directly to either the HARVARDNET
Operator Services platform or to the BA Operator Services platform as specified
by HARVARDNET.
BA will offer OS to HARVARDNET customers served by HARVARDNET switches
over separate trunk groups ordered by HARVARDNET to the BA TOPS switch(es) as
specified by BA. Access to the BA OS platform from HARVARDNET's local switch
requires that HARVARDNET utilize Feature Group C Modified Operator Services
Signaling. The Interoffice Transmission Facility mileage rate for the facility
will be based on airline mileage using V&H coordinate methods from the
HARVARDNET location to the nearest BA TOPS. Trunk terminations at the TOPS
switch(es) require HARVARDNET to purchase trunk ports at rates specified in the
Pricing Schedule. For each trunk group, HARVARDNET must indicate the branding
option selected as set forth in Sectons 19.2.2 (a), (b), and (c) preceding. BA
also provides HARVARDNET, using the unbundled local switching element, access to
this optional service either through dedicated IOF and trunk ports or on shared
operator service trunks between the end office in which they have unbundled
local switching ports and the TOPS switches. Additional per minute of use (MOU)
local switching charges will apply for all calls which interconnect from the
unbundled local switching ports to the BA TOPS at rates set forth in the Pricing
Schedule.
19.8 0+ Mechanized Operator Calls (Calling Card, Collect, Xxxx to Third
Number):
This option is available for HARVARDNET to provide their end user the
ability, through the mechanized BA operator interface, to complete calls via 0+
dialing with alternate billing capabilities without live operator assistance.
Alternate billing call completions can be Calling Card, Collect or Xxxx to Third
Number.
0+ Mechanized calls may be provided over the same DA trunk groups which
establish interconnection from the HARVARDNET switch or the trunk groups which
provide interconnection from the HARVARDNET unbundled local switching line ports
to the BA TOPS.
Rates for requests for 0+ Mechanized Calls will be billed to HARVARDNET
and are set forth in the Pricing Schedule. In addition, for calls originating
from a facilities-based HARVARDNET switch or for calls from HARVARDNET unbundled
local switching line ports, there will be charges to terminate the call from the
TOPS tandem to the called party. These include the per minute of use Unbundled
Tandem Transport Charges ("UTTC") assessed for each call transported between the
TOPS tandem and the end office, the per minute of use Tandem Transient Switching
Charge ("TTSC") assessed for each call that traverses a BA tandem switch, and
the appropriate per minute of use charges for reciprocal compensation ("UNRCC"
or "UCRCC") depending on the terminating end office switch, as set forth in the
Pricing Schedule.
19.9 0- Operator Handled Calls (Calling Card, Collect, Xxxx to Third
Number)
47
This option is available for HARVARDNET to provide their end user, through
the BA operator, the ability to complete intraLATA calls via 0- dialing with
alternate billing capabilities and live operator assistance. Alternate billing
call completions can be Calling Card, Collect or Xxxx to Third Number, Station
to Station and Person to Person.
0- Operator Handled Calls may be provided over the same DA trunk groups
which establish interconnection from the HARVARDNET switch or the trunk groups
which provide interconnection from the HARVARDNET unbundled local switching line
ports to the BA TOPS.
Rates for requests for 0- Operator Handled Calls will be billed to
HARVARDNET and are set forth in the Pricing Schedule. In addition, for calls
originating from a facilities-based HARVARDNET switch or for calls from
HARVARDNET unbundled local switching line ports, there will be charges to
terminate the call from the TOPS tandem to the called party. These include the
per minute of use Unbundled Tandem Transport Charges ("UTTC") assessed for each
call transported between the TOPS tandem and the end office, the per minute of
use Tandem Transient Switching Charge ("TTSC") assessed for each call that
traverses a BA tandem switch, and the appropriate per minute of use charges for
reciprocal compensation ("UNRCC" or "UCRCC") depending on the terminating end
office switch, as set forth in the Pricing Schedule.
19.10 Operator Emergency Bulletin Service
This option provides HARVARDNET with emergency numbers of police, fire,
ambulance and Public Safety Answering Points (PSAP) in the BA serving area so
that HARVARDNET operators can connect callers directly to the proper emergency
bureaus.
The BA Operator Emergency Bulletin Service lists the emergency,
police, fire, ambulance and PSAP telephone numbers by municipality and in
alphabetical order for each of the areas served by BA.
Operator Emergency Bulletin Service is available for use by
HARVARDNET operators for the sole purpose of assisting callers in reaching an
emergency bureau.
Operator Emergency Bulletin Service is a copy of BA's own emergency
bulletin. This agreement includes one annual copy of the bulletin plus periodic
updates during the year. Independent telephone companies emergency numbers are
not included.
Rates and charges for Operator Emergency Bulletin service are set
forth in the Pricing Schedule.
19.11 Operator Passthrough Service
This option provides HARVARDNET's end users with access to operators of
their Presubscribed Interexchange Carriers ("IC") for operator assisted call
completion. This option
48
applies only when the Presubscribed IC provides Operator Services for
HARVARDNET's end users for calls originating from a particular LATA and is
capable of receiving calls passed through it by BA in that LATA.
BA will, when requested by HARVARDNET's end user, connect that end user to
a specified IC for operator call completion provided that IC offers operator
services in that end user's originating LATA and is capable of receiving calls
passed through to it by BA in that LATA.
If the IC does not provide Operator Services for HARVARDNET's end user, at
the option of the IC, BA will provide HARVARDNET's end user with access to an IC
designated Operator Services Provider or to a BA provided announcement which
will direct HARVARDNET's end user to contact their Presubscribed IC for dialing
instructions.
The Operator Passthrough charge is applied on an operator work
second basis, and rated using the 0-Operator Handled calls in the Pricing
Schedule.
HARVARDNET will be assessed this charge on calls that are passed
through to either the Presubscribed IC's operator, or a BA provided recording
indicating that the IC does not provide service in that area.
Rates and charges applied to Operator Passthrough Service are set forth in
the Pricing Schedule.
49
20.0 GENERAL RESPONSIBILITIES OF THE PARTIES
20.1 Both BA and HARVARDNET shall use their best efforts to comply with
the Implementation Schedule.
20.2 The Parties shall exchange technical descriptions and forecasts of
their Interconnection and traffic requirements in sufficient detail necessary to
establish the Interconnections required to assure traffic completion to and from
all Customers in their respective designated service areas. HARVARDNET, for the
purpose of ubiquitous connectivity, network diversity and alternate routing,
shall connect to at least one Tandem Office Switch for the receipt/completion of
traffic to any BA End Office Switches.
20.3 Thirty (30) days after the Effective Date and each quarter during the
term of this Agreement, each Party shall provide the other Party with a rolling,
six (6) calendar month, non- binding forecast of its traffic and volume
requirements for the services and Network Elements provided under this Agreement
in the form and in such detail as agreed by the Parties. Notwithstanding Section
29.6.1, the Parties agree that each forecast provided under this Section 20.3
shall be deemed "Proprietary Information" under Section 29.6.
20.4 Any Party that is required pursuant to this Agreement to provide a
forecast (the "Forecast Provider") or the Party that is entitled pursuant to
this Agreement to receive a forecast (the "Forecast Recipient") with respect to
traffic and volume requirements for the services and Network Elements provided
under this Agreement may request in addition to non-binding forecasts required
by Section 20.3 that the other Party enters into negotiations to establish a
forecast (a "Binding Forecast") that commits such Forecast Provider to purchase,
and such Forecast Recipient to provide, a specified volume to be utilized as set
forth in such Binding Forecast. The Forecast Provider and Forecast Recipient
shall negotiate the terms of such Binding Forecast in good faith and shall
include in such Binding Forecast provisions regarding price, quantity, liability
for failure to perform under a Binding Forecast, provisioning intervals and any
other terms desired by such Forecast Provider and Forecast Recipient. Failure to
agree to a Binding Forecast shall not in and of itself constitute bad faith for
the purposes of this section. In the event of such failure, the Forecast
Recipient should not be required to commit to the provision of the services and
Network Elements forecasted. Notwithstanding Section 29.6.1, the Parties agree
that each forecast provided under this Section 20.4 shall be deemed "Proprietary
Information" under Section 29.6.
20.5 Each Party is individually responsible to provide facilities within
its network which are necessary for routing, transporting, measuring, and
billing traffic from the other Party's network and for delivering such traffic
to the other Party's network in the standard format compatible with BA's network
and to terminate the traffic it receives in that standard format to the proper
address on its network. Such facility shall be designed based upon the
description and forecasts provided under Sections 20.2 and 20.3 above. The
Parties are each solely responsible for participation in
50
and compliance with national network plans, including The National Network
Security Plan and The Emergency Preparedness Plan.
20.6 Neither Party shall use any service related to or any of the Services
provided in this Agreement in any manner that interferes with other persons in
the use of their service, prevents other persons from using their service, or
otherwise impairs the quality of service to other carriers or to either Party's
Customers, and either Party may discontinue or refuse service if the other Party
violates this provision. Upon such violation, either Party shall provide the
other Party notice, if practicable, at the earliest practicable time.
20.7 Each Party is solely responsible for the services it provides to its
Customers and to other Telecommunications Carriers.
20.8 The Parties shall work cooperatively to minimize fraud associated
with third-number billed calls, calling card calls, and any other services
related to this Agreement.
20.9 Each Party is responsible for administering NXX codes assigned to it.
20.10 Each Party is responsible for obtaining Local Exchange Routing Guide
("LERG") listings of CLLI codes assigned to its switches.
20.11 Each Party shall use the LERG published by Bellcore or its successor
for obtaining routing information and shall provide all required information to
Bellcore for maintaining the LERG in a timely manner.
20.12 Each Party shall program and update its own Central Office Switches
and End Office switches and network systems to recognize and route traffic to
and from the other Party's assigned NXX codes. Except as mutually agreed or as
otherwise expressly defined in this Agreement, neither Party shall impose any
fees or charges on the other Party for such activities.
20.13 At all times during the term of this Agreement, each Party shall
keep and maintain in force at each Party's expense all insurance required by law
(e.g., workers' compensation insurance) as well as general liability insurance
for personal injury or death to any one person, property damage resulting from
any one incident, automobile liability with coverage for bodily injury for
property damage. Upon request from the other Party, each Party shall provide to
the other Party evidence of such insurance (which may be provided through a
program of self insurance).
20.14 End User Repair Calls. The Parties will employ the following
procedures for handling misdirected repair calls:
20.14.1 In answering repair calls, neither Party shall make
disparaging remarks about each other, nor shall they use these repair calls as
the basis for internal referrals or to solicit customers to market services.
Either Party will respond with factual information in answering
51
customer questions.
20.14.2 Each Party will notify its customers as to the correct
telephone numbers to call in order to access its repair bureaus.
20.14.3 To the extent possible, where the correct local exchange
carrier can be determined, misdirected repair calls to one Party will be
immediately referred to the other Party, as appropriate in a courteous manner,
at no charge.
20.14.4 The Parties will provide their respective repair contact
numbers to one another on a reciprocal basis.
21.0 TERM AND TERMINATION
21.1 The initial term of this Agreement (the "Term") shall commence on the
Effective Date and terminate on August 15, 1999. Absent the receipt by one Party
of written notice from the other Party at least sixty (60) days prior to the
expiration of the Term to the effect that such Party does not intend to extend
the Term of this Agreement, this Agreement shall automatically renew and remain
in full force and effect on and after the expiration of the Term until
terminated by either Party as set forth below.
21.1.1 If pursuant to Section 21.1 the Agreement continues in full
force and effect after the expiration of the Term, either Party may terminate
the Agreement ninety (90) days after delivering written notice to the other
Party of the intention to terminate this Agreement. Neither Party shall have any
liability to the other Party for termination of this Agreement pursuant to this
Section 21.1 other than to pay to the other Party any amounts owed under this
Agreement.
21.2 Upon termination or expiration of this Agreement in accordance with
this Section 21.0:
(a) each Party shall comply immediately with its obligations set
forth in Section 29.6.3;
(b) each Party shall promptly pay all amounts (including any late
payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive
termination or expiration of this Agreement.
(d) each Party shall continue to perform its obligations and
provide its services described herein until such time as a
survivor Agreement between the Parties is entered into;
provided, however, that the Parties may mutually agree to
renegotiate the rates, fees and charges herein to reflect any
costs or expenses associated with the transfer, renewal or
52
termination of this Agreement.
22.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NO PARTY MAKES OR
RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES,
FUNCTIONS AND PRODUCTS IT PROVIDES UNDER OR CONTEMPLATED BY THIS AGREEMENT AND
THE PARTIES DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR
A PARTICULAR PURPOSE.
23.0 CANCELLATION CHARGES
Except as provided in Sections 9.7.4 and 20.4 and pursuant to a Network
Element Bona Fide Request, or as otherwise provided in any applicable tariff or
contract referenced herein, no cancellation charges shall apply.
24.0 NON-SEVERABILITY
24.1 The services, arrangements, Interconnection, Network Elements, terms
and conditions of this Agreement were mutually negotiated by the Parties as a
total arrangement and are intended to be non-severable, subject only to Section
29.14 of this Agreement. If any provision of this Agreement shall be found in a
court of law to be contrary to applicable law, at the present or in the future,
such provision shall be deemed null and void, but this action shall not affect
the legality or effectiveness of the remaining provisions of this Agreement. In
the event that such a provision is deemed null and void, this Agreement will be
reformed and interpreted in accordance with applicable law as though such
provision did not appear and in such a way as will best serve the intention of
the Parties at the time of the execution of this Agreement.
24.2 Nothing in this Agreement shall be construed as requiring or
permitting either Party to contravene any mandatory requirement of federal or
state law, or any regulations or orders adopted pursuant to such law.
25.0 INDEMNIFICATION
25.1 Each party (the "Indemnifying Party") shall indemnify and hold
harmless the other party ("Indemnified Party") from and against loss, cost,
claim liability, damage, and expense (including reasonable attorney's fees) to
third parties for:
(1) damage to tangible personal property or for personal injury
proximately caused by the negligence or willful misconduct of the
Indemnifying Party, its employees, agents or contractors;
(2) claims for libel, slander, infringement of copyright arising
from the material transmitted over the Indemnified Party's facilities
arising from the Indemnifying Party's
53
own communications or the communications of such Indemnifying Party's
Customers; and
(3) claims for infringement of patents arising from combining the
Indemnified Party's facilities or services with, or the using of the
Indemnified Party's services or facilities in connection with, facilities
of the Indemnifying Party.
Notwithstanding this indemnification provision or any other provision in
the Agreement, neither Party, nor its parent, subsidiaries, affiliates, agents,
servants, or employees shall be liable to the other for "Consequential Damages"
as that term is described in Section 26.3 below.
25.2 The Indemnified Party will notify the Indemnifying Party promptly in
writing of any claims, lawsuits, or demands by third parties for which the
Indemnified Party alleges that the Indemnifying Party is responsible under this
Section, and, if requested by the Indemnifying Party, will tender the defense of
such claim, lawsuit or demand.
(1) In the event the Indemnifying Party does not promptly assume or
diligently pursue the defense of the tendered action, then the Indemnified
Party may proceed to defend or settle said action and the Indemnifying
Party shall hold harmless the Indemnified Party from any loss, cost
liability, damage and expense.
(2) In the event the Party otherwise entitled to indemnification
from the other elects to decline such indemnification, then the Party
making such an election may, at its own expense, assume defense and
settlement of the claim, lawsuit or demand.
(3) The parties will cooperate in every reasonable manner with the
defense or settlement of any claim, demand, or lawsuit.
25.3 Except for the payment of Liquidated Damages by BA to HARVARDNET
pursuant to Section 27 below, no liability shall attach to either Party, its
parents, subsidiaries, affiliates, agents, servants or employees for damages
arising from errors, mistakes, omissions, interruptions, or delays in the course
of establishing, furnishing, rearranging, moving, terminating, changing, or
providing or failing to provide services or facilities (including the obtaining
or furnishing of information with respect thereof or with respect to users of
the services or facilities) in the absence of gross negligence or willful
misconduct.
Notwithstanding any other provisions of this Agreement, HARVARDNET shall
defend and indemnify BA and shall hold BA harmless from and against any and all
Loss alleged to have been incurred by a customer of HARVARDNET or any other
third party where such Loss arises or is attributable to BA's performance or
failure to perform a "Specified Activity" as that term is defined in Section 27,
below.
26.0 LIMITATION OF LIABILITY
26.1 Except for the indemnity obligations under Section 25.0 and payment
of
54
Liquidated Damages under Section 27.0, each Party's liability to the other Party
for any Loss relating to or arising out of any negligent act or omission in its
performance of this Agreement, whether in contract or tort, shall be limited to
the total amount that is or would have been charged to the other Party by such
negligent or breaching Party for the services or functions not performed or
improperly performed.
26.2 Except as otherwise provided in Section 25.0, no Party shall be
liable to the other Party for any Loss, defect or equipment failure caused by
the conduct of the other Party, the other Party's agents, servants, contractors
or others acting in aid or concert with the other Party, except for gross
negligence or willful misconduct.
26.3 In no event shall either Party have any liability whatsoever to the
other Party for any indirect, special, consequential, incidental or punitive
damages, including but not limited to loss of anticipated profits or revenue or
other economic loss in connection with or arising from anything said, omitted or
done hereunder (collectively, "Consequential Damages"), even if the other Party
has been advised of the possibility of such damages.
28.0 REGULATORY APPROVAL
The Parties understand and agree that this Agreement will be filed with
the Commission and may thereafter be filed with the FCC as part of BA's
application pursuant to Section 271(d) of the Act. The Parties covenant and
agree that this Agreement is satisfactory to them as an agreement under Section
251 of the Act. Each Party covenants and agrees to fully support approval of
this Agreement by the Commission or the FCC under Section 252 of the Act without
modification. The Parties, however, reserve the right to seek regulatory relief
and otherwise seek redress from each other regarding performance and
implementation of this Agreement. In the event the Commission or FCC rejects
this Agreement in whole or in part, the Parties agree to meet and negotiate in
good faith to arrive at a mutually acceptable Agreement.
This Agreement is subject to change, modification, or cancellation as may
be required by either Party based on any significant change in FCC or Department
rules which may impact the provision of service under this Agreement or the
rights and obligations of the Parties under the Act.
BA shall charge Harvardnet new, additional or restructured rates, charges
or prices effective from the date when and to the extent the DPU approves new,
additional or restructured rates, charges or prices, either pursuant to a tariff
filing or other application to the DPU, subject to later true-up on the date
such new additional or restructured rates, charges or prices are actually
approved by the DPU.
29.0 MISCELLANEOUS
29.1 Authorization.
55
29.1.1 New England Telephone and Telegraph Company is a corporation
duly organized, validly existing and in good standing under the laws of the
State of New York and has full power and authority to execute and deliver this
Agreement and to perform its obligations hereunder, subject to necessary
regulatory approval.
29.1.2 HARVARDNET is a corporation duly organized, validly existing
and in good standing under the laws of the State of Delaware and has full power
and authority to execute and deliver this Agreement and to perform its
obligations hereunder, subject to necessary regulatory approval.
29.2 Compliance. Each Party shall comply with all applicable federal,
state, and local laws, rules, and regulations applicable to its performance
under this Agreement.
29.3 Compliance with the Communications Law Enforcement Act of 1994
("CALEA"). Each Party represents and warrants that any equipment, facilities or
services provided to the other Party under this Agreement comply with CALEA.
Each Party shall indemnify and hold the other Party harmless from any and all
penalties imposed upon the other Party for such noncompliance and shall at the
non-compliant Party's sole cost and expense, modify or replace any equipment,
facilities or services provided to the other Party under this Agreement to
ensure that such equipment, facilities and services fully comply with CALEA.
29.4 Independent Contractor. Neither this Agreement, nor any actions taken
by BA or HARVARDNET in compliance with this Agreement, shall be deemed to create
an agency or joint venture relationship between HARVARDNET and BA, or any
relationship other than that of purchaser and seller of services.
Neither this Agreement, nor any actions taken by BA or HARVARDNET in
compliance with this Agreement, shall create a contractual, agency, or any other
type of relationship or third party liability between BA and HARVARDNET's end
users or others.
29.5 Force Majeure. Neither Party shall be liable for any delay or failure
in performance of any part of this Agreement from any cause beyond its control
and without its fault or negligence including, without limitation, acts of
nature, acts of civil or military authority, government regulations, embargoes,
epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes,
nuclear accidents, floods, work stoppages, equipment failure, power blackouts,
volcanic action, other major environmental disturbances, unusually severe
weather conditions, inability to secure products or services of other persons or
transportation facilities or acts or omissions of transportation carriers
(collectively, a "Force Majeure Event").
If any force majeure condition occurs, the Party delayed or unable
to perform shall give immediate notice to the other Party and shall take all
reasonable steps to correct the force majeure condition. During the pendency of
the Force Majeure, the duties of the Parties under this Agreement affected by
the Force Majeure condition shall be abated and shall resume without
56
liability thereafter.
29.6 Confidentiality.
29.6.1 Any information such as specifications, drawings, sketches,
business information, forecasts, models, samples, data, computer programs and
other software and documentation of one Party (a "Disclosing Party") that is
furnished or made available or otherwise disclosed to the other Party or any of
its employees, contractors, agents or Affiliates (its "Representatives" and with
a Party, a "Receiving Party") pursuant to this Agreement ("Proprietary
Information") shall be deemed the property of the Disclosing Party. Proprietary
Information, if written, shall be marked "Confidential" or "Proprietary" or by
other similar notice, and, if oral or visual, shall be confirmed in writing as
confidential by the Disclosing Party to the Receiving Party within ten (10) days
after disclosure. Unless Proprietary Information was previously known by the
Receiving Party free of any obligation to keep it confidential, or has been or
is subsequently made public by an act not attributable to the Receiving Party,
or is explicitly agreed in writing not to be regarded as confidential, it (i)
shall be held in confidence by each Receiving Party; (ii) shall be disclosed to
only those persons who have a need for it in connection with the provision of
services required to fulfill this Agreement and shall be used only for such
purposes; and (iii) may be used for other purposes only upon such terms and
conditions as may be mutually agreed to in advance of use in writing by the
Parties. Notwithstanding the foregoing sentence, a Receiving Party shall be
entitled to disclose or provide Proprietary Information as required by any
governmental authority or applicable law only in accordance with Section 29.6.2.
29.6.2 If any Receiving Party is required by any governmental
authority or by applicable law to disclose any Proprietary Information, then
such Receiving Party shall provide the Disclosing Party with written notice of
such requirement as soon as possible and prior to such disclosure. The
Disclosing Party may then either seek appropriate protective relief from all or
part of such requirement or, if it fails to successfully do so, it shall be
deemed to have waived the Receiving Party's compliance with Section 29.6 with
respect to all or part of such requirement. The Receiving Party shall use all
commercially reasonable efforts to cooperate with the Disclosing Party in
attempting to obtain any protective relief which such Disclosing Party chooses
to obtain.
29.6.3 In the event of the expiration or termination of this
Agreement for any reason whatsoever, each Party shall return to the other Party
or destroy all Proprietary Information and other documents, work papers and
other material (including all copies thereof) obtained from the other Party in
connection with this Agreement and shall use all reasonable efforts, including
instructing its employees and others who have had access to such information, to
keep confidential and not to use any such information, unless such information
is now, or is hereafter disclosed, through no act, omission or fault of such
Party, in any manner making it available to the general public.
29.7 Governing Law. For all claims under this Agreement that are based
upon issues within the jurisdiction (primary or otherwise) of the FCC, the
exclusive jurisdiction and remedy for all such claims shall be as provided for
by the FCC and the Act. For all claims under this
57
Agreement that are based upon issues within the jurisdiction (primary or
otherwise) of the Department, the exclusive jurisdiction for all such claims
shall be with the Department, and the exclusive remedy for such claims shall be
as provided for by such Department. In all other respects, this Agreement shall
be governed by the domestic laws of the Commonwealth of Massachusetts without
reference to conflict of law provisions.
29.8 Taxes. Each Party purchasing services hereunder shall pay or
otherwise be responsible for all federal, state, or local sales, use, excise,
gross receipts, transaction or similar taxes, fees or surcharges levied against
or upon such purchasing Party (or the providing Party when such providing Party
is permitted to pass along to the purchasing Party such taxes, fees or
surcharges), except for any tax on either Party's corporate existence, status or
income. Whenever possible, these amounts shall be billed as a separate item on
the invoice. To the extent a sale is claimed to be for resale tax exemption, the
purchasing Party shall furnish the providing Party a proper resale tax exemption
certificate as authorized or required by statute or regulation by the
jurisdiction providing said resale tax exemption. Failure to timely provide said
resale tax exemption certificate will result in no exemption being available to
the purchasing Party.
29.9 Non-Assignment. This Agreement shall be binding upon every subsidiary
and affiliate of either Party that is engaged in providing telephone exchange
and exchange access services in any territory within which BA is an incumbent
Local Exchange Carrier and shall continue to be binding upon all such entities
regardless of any subsequent change in their ownership. Each Party covenants
that, if it sells or otherwise transfers to a third party its telephone exchange
and exchange access network facilities within the BA Territory, or any portion
thereof, to a third party, it will require as a condition of such transfer that
the transferee agree to be bound by this Agreement with respect to services
provided over the transferred facilities. Except as provided in this paragraph,
neither Party may assign or transfer (whether by operation of law or otherwise)
this Agreement (or any rights or obligations hereunder) to a third party without
the prior written consent of the other Party which consent will not be
unreasonably withheld; provided that either Party may assign this Agreement to a
corporate Affiliate or an entity under its common control or an entity acquiring
all or substantially all of its assets or equity by providing prior written
notice to the other Party of such assignment or transfer. Any attempted
assignment or transfer that is not permitted is void ab initio. Without limiting
the generality of the foregoing, this Agreement shall be binding upon and shall
inure to the benefit of the Parties' respective successors and assigns.
29.10 Non-Waiver. Failure of either Party to insist on performance of any
term or condition of this Agreement or to exercise any right or privilege
hereunder shall not be construed as a continuing or future waiver of such term,
condition, right or privilege.
29.11 Disputed Amounts.
29.11.1 If any portion of an amount due to a Party (the "Billing
Party") under this Agreement is subject to a bona fide dispute between the
Parties, the Party billed (the "Non-Paying Party") shall within thirty (30) days
of its receipt of the invoice containing such disputed amount
58
give notice to the Billing Party of the amounts it disputes ("Disputed Amounts")
and include in such notice the specific details and reasons for disputing each
item. The Non-Paying Party shall pay when due (i) all undisputed amounts to the
Billing Party and (ii) all Disputed Amounts into an interest bearing escrow
account with a third party escrow agent mutually agreed upon by the Parties.
29.11.2 Any undisputed amounts not paid when due shall accrue
interest from the date such amounts were due at the lesser of (i) one and
one-half percent (1-1/2%) per month or (ii) the highest rate of interest that
may be charged under applicable law.
29.11.3 Within seven (7) days of receipt of such notice each Party
shall appoint a representative who shall be authorized and who shall attempt to
resolve the issue through negotiations. If the Parties are unable to resolve
issues related to the Disputed Amounts within forty-five (45) days after the
Parties' appointment of designated representatives, then either Party may
petition the Department pursuant to the Department's Order in D.P.U. 94-185,
dated August 29, 1996, to resolve such issues or proceed with any other remedy
pursuant to law or equity. The Department may direct payment of any or all funds
(including any accrued interest) plus applicable late fees, to be paid to either
Party.
29.11.4 The Parties agree that all negotiations pursuant to this
Section 29.11 shall remain confidential and shall be treated as compromise and
settlement negotiations for purposes of the Federal Rules of Evidence and state
rules of evidence.
29.12 Notices. Notices given by one Party to the other Party under this
Agreement shall be in writing and shall be (i) delivered personally, (ii)
delivered by express delivery service, (iii) mailed, certified mail or first
class U.S. mail postage prepaid, return receipt requested or (iv) delivered by
telecopy to the following addresses of the Parties:
To HARVARDNET:
HarvardNet
00 Xxx Xxx Xxxx
Xxxxxxx, XX 00000
Attn: Vice President - Telecommunications
Facsimile: 000 000 0000
To BA:BA
0000 Xxxxxx xx Xxxxxxxx
00xx Xxxxx
Xxx Xxxx XX 00000
Attn: Vice President - Wholesale Markets
Facsimile: (000) 000-0000
or to such other address as either Party shall designate by proper notice.
Notices will be deemed
59
given as of the earlier of (i) the date of actual receipt, (ii) the next
business day when notice is sent via express mail or personal delivery, (iii)
three (3) days after mailing in the case of first class or certified U.S. mail
or (iv) on the date set forth on the confirmation in the case of telecopy.
29.13 Publicity and Use of Trademarks or Service Marks. Neither Party nor
its subcontractors or agents shall use the other Party's trademarks, service
marks, logos or other proprietary trade dress in any advertising, press
releases, publicity matters or other promotional materials without such Party's
prior written consent.
29.14 Section 252(i) Obligations
29.14.1 To the extent required under Applicable Law, BA shall make
available without unreasonable delay to HARVARDNET any individual
Interconnection, service or network element contained in any agreement to which
it is a party that is approved by the Commission pursuant to Section 252 of the
Act, upon the same rates, terms, and conditions provided in the Agreement.
29.14.2 To the extent the exercise of the foregoing options requires
a rearrangement of facilities by the providing Party, the opting Party shall be
liable for the non-recurring charges associated therewith.
29.14.3 The Party electing to exercise such option shall do so by
delivering written notice to the first Party. Upon receipt of said notice by the
first Party, the Parties shall amend this Agreement to provide the same rates,
terms and conditions to the notifying Party for the remaining term of this
Agreement; provided, however, that the Party exercising its option under this
subsection 29.14 must continue to provide the same services or arrangements to
the first Party as required by this Agreement, subject either to the rates,
terms, and conditions applicable to the first Party in its Agreement with the
third party or to the rates, terms and conditions of this Agreement, whichever
is more favorable to the first Party in its sole determination.
29.15 Joint Work Product. This Agreement is the joint work product of the
Parties and has been negotiated by the Parties and their respective counsel and
shall be fairly interpreted in accordance with its terms and, in the event of
any ambiguities, no inferences shall be drawn against either Party.
29.16 No Third Party Beneficiaries; Disclaimer of Agency. This Agreement
is for the sole benefit of the Parties and their permitted assigns, and nothing
herein express or implied shall create or be construed to create any third-party
beneficiary rights hereunder. Except for provisions herein expressly authorizing
a Party to act for another, nothing in this Agreement shall constitute a Party
as a legal representative or agent of the other Party, nor shall a Party have
the right or authority to assume, create or incur any liability or any
obligation of any kind, express or
60
implied, against or in the name of or on behalf of the other Party unless
otherwise expressly permitted by such other Party. Except as otherwise expressly
provided in this Agreement, no Party undertakes to perform any obligation of the
other Party, whether regulatory or contractual, or to assume any responsibility
for the management of the other Party's business.
29.17 No License. No license under patents, copyrights or any other
intellectual property right (other than the limited license to use consistent
with the terms, conditions and restrictions of this Agreement) is granted by
either Party or shall be implied or arise by estoppel with respect to any
transactions contemplated under this Agreement.
29.18 Technology Upgrades. Nothing in this Agreement shall limit BA's
ability to upgrade its network through the incorporation of new equipment, new
software or otherwise. BA shall provide HARVARDNET written notice at least
ninety (90) days prior to the incorporation of any such upgrades in BA's network
which will materially impact HARVARDNET's service. HARVARDNET shall be solely
responsible for the cost and effort of accommodating such changes in its own
network.
29.19 Survival. The Parties' obligations under this Agreement which by
their nature are intended to continue beyond the termination or expiration of
this Agreement shall survive the termination or expiration of this Agreement,
including without limitation, Sections 21.4, 22.0, 23.0, 25.0, 26.0, 29.3, 29.6,
29.11, 29.13 and 29.17.
29.20 Scope of Agreement. This Agreement is intended to describe and
enable specific Interconnection and access to unbundled Network Elements and
compensation arrangements between the Parties. This Agreement does not obligate
either Party to provide arrangements not specifically provided for herein.
29.21 Entire Agreement. The terms contained in this Agreement and any
Schedules, Exhibits, tariffs and other documents or instruments referred to
herein, which are incorporated into this Agreement by reference, constitute the
entire agreement between the Parties with respect to the subject matter hereof,
superseding all prior understandings, proposals and other communications, oral
or written. Neither Party shall be bound by any preprinted terms additional to
or different from those in this Agreement that may appear subsequently in the
other Party's form documents, purchase orders, quotations, acknowledgments,
invoices or other communications. This Agreement may only be modified by a
writing signed by an officer of each Party.
29.22 Power and Authority. Each Party has full power and authority to
enter into and perform this Agreement, and the person signing this Agreement on
behalf of each has been properly authorized and empowered to enter into this
Agreement.
29.23 Customer Proprietary Network Information. The Parties shall comply
with applicable law with regard to Customer Proprietary Network Information,
including but not limited to 47 U.S.C. ss. 222, and all applicable state or
federal agency rule or order with respect to Customer Proprietary Network
Information.
61
29.24. Alternate Dispute Resolution
29.24.1 If a dispute arises between BA and HARVARDNET during the
term of the Agreement, the following process, which shall be overseen by the
Department, shall be followed to resolve such dispute:
a) The Parties shall have an initial thirty (30) day period
beginning from the date on which either Party has provided written notice to the
other Party identifying the existence of a dispute and seeking to resolve it,
within which to resolve the dispute themselves, without mediation or arbitration
as provided below.
b) If the dispute is not resolved within such thirty (30) day
period, either Party may petition the Department to request mediation. The
period of mediation shall be sixty (60) days commencing on the date of filing of
such petition for mediation. Such petition shall include a request to the
Department to choose a mediator within the first ten (10) days of such sixty
(60) day period, and the mediation shall be conducted by a mediator designated
by the Department. The Parties shall cooperate in good faith with the mediator
to resolve the dispute within such sixty (60) day period. If, at any date
following the forty-fifth (45) day of such sixty (60) day period, the Parties
have not resolved their dispute, the mediator may formally declare a deadlock.
c) Following the earlier to occur of (x) expiration of the sixty
(60) day mediation period without resolution of the dispute between the Parties
or (y) formal declaration of a deadlock by the mediator as contemplated in
proceeding paragraph (ii), either Party may petition the Department for
arbitration. The period of arbitration shall be seventy (70) days commencing on
the date of filing of such petition for arbitration. Such petition shall include
a request to the Department to choose an arbitrator within the first ten (10)
days of such seventy (70) day period, and the arbitration shall be conducted by
an arbitrator designated by the Department.
29.24.2 In the event that BA and HARVARDNET must enter into the
dispute resolution process described above, both Parties shall share equally the
expense to the Department of such process. However, if in the Department's
judgment, one Party's claim is particularly and/or consistently frivolous, then
the Department may determine that such Party should bear such expense.
29.25 Restructured/New Rates. BA reserves the right to impose
additional rates, prices and/or charges not expressly set forth in or applicable
to this Agreement with respect to the provisioning by BA of resale services or
unbundled elements to HARVARDNET, collocation, or the interconnection by the
parties of their respective telecommunication networks, including the right to
make any and all modifications, deletions, additions, or changes, including the
restructuring of any rate, charge or price of a service or element offered to
HARVARDNET hereunder. Nothing in this Agreement shall affect or limit (i) BA's
right with respect to a new element or service not offered to HARVARDNET under
this Agreement on the Effective Date of
62
this Agreement, or (ii) BA's right to modify, restructure or change an existing
element or service and to charge HARVARDNET such rates as approved by the DPU
for such modified, restructured or altered element or service. BA shall be
entitled to recover from HARVARDNET such new, additional or restructured rates,
charges or prices effective from the date when and to the extent BA seeks
approval from the DPU of such new, additional or restructured rates, charges or
prices, either pursuant to a tariff filing or other application to the DPU,
subject to later true-up on the date such new additional or restructured rates,
charges or prices are actually approved by the DPU.
29.26 Refusal and Discontinuance of Service. If HARVARDNET fails to
comply with the terms and conditions of this Agreement, BA may refuse service in
accordance with Section 2.1.7 of BA's New York 914 tariff.
63
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to
be executed as of this 28th day of January, 1998.
HARVARDNET NEW ENGLAND TELEPHONE AND
TELEGRAPH COMPANY D/B/A
By: /s/ Xxxxxxx Xxxxxxxxxx By: /s/ Xxxxx X. Xxxxxxxx
---------------------------- --------------------------------------
Printed: Xxxxxxx X. Xxxxxxxxxx Printed: Xxxxx X. Xxxxxxxx
------------------------ ----------------------------------
Title: Chief Executive Officer Title: Vice President - Wholesale Markets
------------------------ ----------------------------------
64
SCHEDULE 1.0
CERTAIN TERMS AS DEFINED IN THE ACT
"Affiliate" means a person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control with, another
person. For purposes of this paragraph, the term "own" means to own an equity
interest (or the equivalent thereof) of more than ten percent (10%).
"Dialing Parity" means that a person that is not an Affiliate of a LEC is
able to provide Telecommunications Services in such a manner that Customers have
the ability to route automatically, without the use of any access code, their
Telecommunications to the Telecommunications Services provider of the Customer's
designation from among two (2) or more Telecommunications Services providers
(including such LEC).
"Exchange Access" means the offering of access to Telephone Exchange
Services or facilities for the purpose of the origination or termination of
Telephone Toll Services.
"InterLATA Service" means Telecommunications between a point located in a
local access and transport area and a point located outside such area.
"Local Access and Transport Area" or "LATA" means a contiguous geographic
area: (a) established before the date of enactment of the Act by a Xxxx
operating company such that no Exchange Area includes points within more than
one (1) metropolitan statistical area, consolidated metropolitan statistical
area, or State, except as expressly permitted under the AT&T Consent Decree; or
(b) established or modified by a Xxxx operating company after such date of
enactment and approved by the FCC.
"Local Exchange Carrier" means any person that is engaged in the provision
of Telephone Exchange Service or Exchange Access. Such term does not include a
person insofar as such person is engaged in the provision of a commercial mobile
service under Section 332(c) of the Act, except to the extent that the FCC finds
that such service should be included in the definition of such term.
"Network Element" means a facility or equipment used in the provision of a
Telecommunications Service. Such term also includes features, functions, and
capabilities that are provided by means of such facility or equipment, including
subscriber numbers, databases, signaling systems, and information sufficient for
billing and collection or used in the transmission, routing, or other provision
of a Telecommunications Service.
"Number Portability" means the ability of users of telecommunications
services to retain, at the same location, existing telecommunications numbers
without impairment of quality, reliability, or convenience when switching from
one telecommunications carrier to another.
"Telecommunications" means the transmission, between or among points
specified by the user, of information of the user's choosing, without change in
the form or content of the
65
information as sent and received.
"Telecommunications Carrier" means any provider of Telecommunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Communications
Act).
"Telecommunications Service" means the offering of Telecommunications for
a fee directly to the public, or to such classes of users as to be effectively
available directly to the public, regardless of the facilities used.
"Telephone Exchange Service" means (a) service within a telephone exchange
within a connected system of telephone exchanges within the same exchange area
operated to furnish subscribers intercommunicating service of the character
ordinarily furnished by a single exchange, and which is covered by the exchange
service charge, or (b) comparable service provided through a system of switches,
transmission equipment, or other facilities (or combination thereof) by which a
subscriber can originate and terminate a telecommunications service.
"Telephone Toll Service" means telephone service between stations in
different exchange areas for which there is made a separate charge not included
in contracts with subscribers for exchange service.
66
SCHEDULE 4.0 Network Interconnection Schedule*
LATA HARVARDNET H-IP BA B-IP Activation Date**
128 in Mass Huntington Ave/Belvidere
Boston, MA
* Complete, accurate and verifiable information to be provided by
the Parties at a date to the determined by the Parties.
** This is the earliest date on which "live" customers traffic
between HARVARDNET and BA will occur.
67
SCHEDULE 27.4.1 HARVARDNET Service Quality Criteria for Liquidated Damages
1 New Unbundled Link (SVGALS) Orders
1.0 ANI to HARVARDNET number, verification successful from DEMARC by BA
field technician.
1.1 All order information submitted by HARVARDNET is valid (e.g. street
address, end user LCON, floor/unit number, cable pair assignment)
1.2 Customer (end user) available at appointed date.
1.3 Orders completed as submitted without cancellation after FOC
2 Hot Cut Unbundled Link (SVGALS) Orders
2.0 Verifiable HARVARDNET dial tone at POT bay testable by BA through
appropriate tie cable pair as provided by HARVARDNET on the service request.
2.1 Accurate account and end user information submitted on service request
2.3 Accurate SVGAL tie cable and pair assignment provided by HARVARDNET on
service request
2.4 Orders completed as submitted without cancellation after FOC
68
INTRODUCTION TO PRICING SCHEDULES
Pricing Schedule A contains negotiated rates the Parties shall charge on a
reciprocal basis for the specific services identified for the term of the
Agreement.
Until such time as the Department approves rates for BA in the
Consolidated Arbitration proceeding, the prices listed on Pricing Schedule B
attached hereto shall be the recurring rates to be charged for the elements or
services shown. The network element prices and wholesale discount rates shown on
Pricing Schedule B equal the rates BA filed with the Department in the
Consolidated Arbitration proceeding, Docket 96-73/74, et. al., ("Consolidated
Proceeding") on Februrary 14, 1997 and subsequently amended on March 14, 1997.
Except as otherwise provided for in this Agreement, when the Department
approves actual rates in the Consolidated Proceeding those rates shall apply to
any network element or service provided by BA to HARVARDNET under this
Agreement.
If the Department approves different rates at a later time, unless
otherwise agreed to by the Parties herein, the rates established by the
Department at a later time shall become the rates established herein. The
Parties agree that those rates shall be applied prospectively only.
Any additional recurring or non-recurring charges for an unbundled network
element or service shall be limited to those designated in the Statement of
Generally Available Terms and Conditions ("SGAT") filed with the New York Public
Service Department ("NYPSC") on February 13, 1997, and supplemented on March 17,
1997, pursuant to Section 252 of the Telecommunications Act of 1996. If the
NYPSC adopts rates that are different from those filed by BA in the SGAT, the
rates adopted by the NYPSC shall apply as of the date the NYPSC approves or
adopts those rates. Any rates approved by the NYPSC shall be superseded at such
time as the Department approves BA-Massachusetts recurring or non-recurring
rates for any elements or services not listed on Pricing Schedule B. These rates
shall apply on a going-forward basis, subject to a true-up retroactive to the
date of purchase (without interest) of any amount paid hereunder.
69
PRICING SCHEDULE A
I. Reciprocal Compensation for local traffic shall equal the rate set forth
below. Such rate shall be:
Rate = $.008 per minute
During the term of this Agreement, HARVARDNET shall have the option to
elect rates and charges for reciprocal compensation as may be determined by the
Mass. DPU.
Reciprocal Compensation for IntraLATA Toll traffic shall equal each
Party's effective applicable tariffed IntraLATA switched access rates.
II. Information Services Billing and Collection
Fee = $.05 per message
III. Transit Service (Tandem Transient Service)
A. Transit Service
Rate = $.0035 per minute
B. Dedicated Transiting Service
Rate = twice the applicable charge for a collocated channel
termination
IV. Interim Telecommunications Number Portability
A. Monthly Recurring Charges
Rate per Business Number = $2.00
Rate per Residential Number = $1.00
No additional recurring charges shall apply for interim number
portability, including additional per-path, per-port, or usage-related charges,
except for third party and collect calls.
70
B. Non-recurring charge
Rate = $10.00 per ported number
Non-recurring charges only apply when interim number portability is
ordered separately from an unbundled link.
If the Mass. DPU approves a nonrecurring rate for interim number
portability during the term of this Agreement, then such rate shall apply for
the balance of the term of the contract.
V. IntraLATA 800/888
Reciprocal Compensation (refer to I above).
Compensation for records exchanged = $.00415 per record
800 database inquiry = $.00108 per database inquiry
VI. Directory Assistance and Operator Services
(A) Directory Assistance Services
(1) Directory Assistance
Per Request
-----------
Each call for Information per one telephone
number, with BA branding $0.322250
Each call for Information per one telephone
number, with HARVARDNET branding $0.322250
Each call for Information per one telephone
number, without branding $0.268541
Branding surcharge per call (if applicable) $0.053709
(2) Directory Assistance Call
Completion (DACC) #:
Each call for Information per one telephone
number, with HARVARDNET branding or with BA
branding plus call completion $0.500138
71
Each call for Information per one telephone
number, without branding plus call completion $0.446429
DACC Surcharge per call $0.177888
# These rates are in addition to the UTTC, TTSC & UNRCC or UCRCC charges.
Record Charges
EMR format - per record charge = $.004150
(4) Direct Access to Directory Assistance (DADA)
Monthly Access Charge $4000
Each Search Request $0.038
Rate
----
(B) Inward Operator Services
(1) BLV
- Per work second $0.034465
(2) BLV/I
- Per work second $0.034465
(3) Branding surcharge per call (if applicable) $0.053709
(C) 0+/Mechanized Operator Calls #
(1) Calling Card
- Per request $0.116585
(2) Collect
- Per request $0.131100
(3) Third Number
- Per request $0.131100
(4) Branding surcharge per call (if applicable) $0.053709
# These rates are in addition to the UTTC, TTSC & UNRCC or UCRCC charges.
(D) 0- Operator Handled Calls #
(1) Per work second $0.013043
72
(2) Branding surcharge per call (if applicable) $0.053709
# These rates are in addition to the UTTC, TTSC & UNRCC or UCRCC charges.
(E) Operator Emergency Bulletin Service
- Per State Bulletin, per year $17.80
Recurring Non-recurring
--------- -------------
(F) TOPS Trunk Ports - per DS1 $348.72 $147.87
Service Access Charge
-Per TOPS Port $5.18 N/A
(G) IOF mileage for Dedicated Trunk $126.35 $470.98
Transport
Mileage Charge, per mile per month $0.73
Peak Off-Peak
---- --------
Digital Trunk Port Usage / Shared
- per MOU $0.001965 $0.000436
Unbundled Local Switching (ULSC)
- per MOU $0.008689 $0.004565
Unbundled Tandem Transport (UTTC)
- per MOU $.001780 $.000400
Unbundled Common Transport (UCTC)
- per MOU $.003745 $.000836
Unbundled Toll Common Transport (UTCTC)
- per MOU $.005829 $.001456
Tandem Transient Switching (TTSC)
- per MOU $0.008642 $0.002702
Telephone Company Reciprocal
Compensation (UNRCC)
- per MOU $0.010654 $0.005001
73
TC Reciprocal Compensation (UCRCC)
- per MOU $0.010654 $0.005001
74
PRICING SCHEDULE B
--------------------------------------------------------------------------------
SUMMARY OF MASSACHUSETTS RESULTS FOR UNBUNDLED ELEMENTS AND RESALE
COMPLIANCE FILING
--------------------------------------------------------------------------------
ELEMENT ZONE COST RESULTS
--------------------------------------------------------------------------------
2 WIRE ANALOG LINK METRO $ 7.54
URBAN $ 14.11
SUBURBAN $ 16.12
RURAL $ 20.04
--------------------------------------------------------------------------------
4 WIRE ANALOG LINK METRO $ 30.97
URBAN $ 43.40
SUBURBAN $ 46.95
RURAL $ 52.39
--------------------------------------------------------------------------------
2 WIRE LINK METRO $ 19.87
CONDITIONED FOR URBAN $ 27.24
DIGITAL SUBURBAN $ 29.38
RURAL $ 32.84
--------------------------------------------------------------------------------
4 WIRE LINK METRO $ 76.11
CONDITIONED FOR URBAN $ 98.05
DIGITAL SUBURBAN $ 102.64
RURAL $ 147.05
--------------------------------------------------------------------------------
LOCAL SWITCHING METRO $ 5.52
ANALOG PORT URBAN $ 5.00
SUBURBAN $ 3.95
RURAL $ 6.96
--------------------------------------------------------------------------------
LOCAL SWITCHING METRO $ 5.37
DIGITAL PORT URBAN $ 6.96
SUBURBAN $ 6.34
RURAL $ 11.10
--------------------------------------------------------------------------------
LOCAL SWITCHING METRO $ 48.54
ISDN-BRI PORT URBAN $ 31.13
SUBURBAN $ 34.94
RURAL $ 26.88
--------------------------------------------------------------------------------
75
--------------------------------------------------------------------------------
SUMMARY OF MASSACHUSETTS RESULTS FOR UNBUNDLED ELEMENTS AND RESALE
COMPLIANCE FILING
--------------------------------------------------------------------------------
ELEMENT ZONE COST RESULTS
--------------------------------------------------------------------------------
LOCAL SWITCHING METRO $ 12.53
DIGITAL TRUNK PORT URBAN $ 12.38
SUBURBAN $ 13.63
RURAL $ 14.21
--------------------------------------------------------------------------------
LOCAL SWITCHING METRO $ 609.58
ISDN-PRI PORT URBAN $ 471.64
SUBURBAN $ 583.35
RURAL $ 583.35
--------------------------------------------------------------------------------
LOCAL SWITCHING METRO (PEAK) $ 0.001703
TRUNK PORT PER MOU URBAN $ 0.001820
(PEAK) SUBURBAN $ 0.002090
RURAL $ 0.002093
--------------------------------------------------------------------------------
LOCAL SWITCHING METRO (OFF-PEAK) $ 0.000379
TRUNK PORT PER MOU URBAN $ 0.000404
(OFF-PEAK) SUBURBAN $ 0.000464
RURAL $ 0.000465
--------------------------------------------------------------------------------
LOCAL SWITCHING METRO (PEAK) $ 0.004647
USAGE PER MOU URBAN $ 0.007401
(PEAK) SUBURBAN $ 0.009549
RURAL $ 0.014277
--------------------------------------------------------------------------------
LOCAL SWITCHING METRO (OFF-PEAK) $ 0.001872
USAGE PER MOU URBAN $ 0.003516
(OFF-PEAK) SUBURBAN $ 0.005282
RURAL $ 0.008186
--------------------------------------------------------------------------------
LOCAL SWITCHING METRO $ 0.7924
PORT ADDITIVE URBAN $ 0.7924
CENTREX SUBURBAN $ 0.7807
RURAL $ 0.7807
--------------------------------------------------------------------------------
76
--------------------------------------------------------------------------------
SUMMARY OF MASSACHUSETTS RESULTS FOR UNBUNDLED ELEMENTS AND RESALE
COMPLIANCE FILING
--------------------------------------------------------------------------------
ELEMENT ZONE COST RESULTS
--------------------------------------------------------------------------------
LOCAL SWITCHING PORT METRO $ 0.9127
ADDITIVE RINGMATE URBAN $ 0.9194
SUBURBAN $ 0.9154
RURAL $ 0.9128
--------------------------------------------------------------------------------
LOCAL SWITCHING PORT METRO $ 0.3575
ADDITIVE THREE-WAY URBAN $ 0.3523
CALLING SUBURBAN $ 0.3535
RURAL $ 0.3477
--------------------------------------------------------------------------------
LOCAL SWITCHING PORT METRO $ 0.0011
ADDITIVE SPEED URBAN $ 0.0031
CALLING SUBURBAN $ 0.0064
RURAL $ 0.0056
--------------------------------------------------------------------------------
LOCAL SWITCHING PORT METRO $ 0.0005
ADDITIVE CALL URBAN $ 0.0014
WAITING SUBURBAN $ 0.0029
RURAL $ 0.0025
--------------------------------------------------------------------------------
LOCAL SWITCHING METRO $ 0.0001
PORT ADDITIVE URBAN $ 0.0003
CALL FORWARDING SUBURBAN $ 0.0007
- D/A RURAL $ 0.0006
--------------------------------------------------------------------------------
LOCAL SWITCHING METRO $ 0.0001
PORT ADDITIVE URBAN $ 0.0003
CALL FORWARDING - SUBURBAN $ 0.0007
BUSY RURAL $ 0.0006
--------------------------------------------------------------------------------
LOCAL SWITCHING METRO $ 0.0003
PORT ADDITIVE URBAN $ 0.0008
CALL FORWARDING - SUBURBAN $ 0.0016
VAR. RURAL $ 0.0014
--------------------------------------------------------------------------------
77
--------------------------------------------------------------------------------
SUMMARY OF MASSACHUSETTS RESULTS FOR UNBUNDLED ELEMENTS AND RESALE
COMPLIANCE FILING
--------------------------------------------------------------------------------
ELEMENT ZONE COST RESULTS
--------------------------------------------------------------------------------
TANDEM SWITCHING ALL ZONES $ 13.75
DIGITAL TRUNK PORT
--------------------------------------------------------------------------------
TANDEM COMMON TRUNK ALL ZONES (PEAK) $ 0.008113 .003528
PORTS PER MOU
(OFF-PEAK) $ 0.001803 .000784
--------------------------------------------------------------------------------
TANDEM USAGE PER ALL ZONES (PEAK) $ 0.003648 .001586
MOU
(OFF-PEAK) $ 0.002609 .001134
--------------------------------------------------------------------------------
INTEROFFICE ALL ZONES
DEDICATED
TRANSPORT
OC-48-FIXED $11,531.11
OC-48 PER MILE $ 386.83
OC-12 FIXED $ 4,518.08
OC-12 PER MILE $ 245.24
OC-3 FIXED $ 1,779.69
OC-3 PER MILE $ 61.31
DS-3 FIXED $ 996.54
DS-3 PER MILE $ 20.44
DS-1 FIXED $ 126.35
DS-1 PER MILE $ 0.73
CO MUXING 3/1 $ 236.69
--------------------------------------------------------------------------------
78
--------------------------------------------------------------------------------
SUMMARY OF MASSACHUSETTS RESULTS FOR UNBUNDLED ELEMENTS AND RESALE
COMPLIANCE FILING
--------------------------------------------------------------------------------
ELEMENT ZONE COST RESULTS
--------------------------------------------------------------------------------
COMMON (SHARED) ALL ZONES (PEAK) $ 0.00178
TRANSPORT USAGE PER (OFF-PEAK) $ 0.00040
MOU
--------------------------------------------------------------------------------
SIGNALING SYSTEM 7 ALL ZONES
SIGNALING PER LINK $ 47.65
STP PER PORT $ 1,245.46
LIBD QUERY PER QUERY $ 0.00138
800 PER QUERY $ 0.00108
--------------------------------------------------------------------------------
RESALE DISCOUNTS
WITH OPER. SERV. & 24.99%
DIRECTORY ASSISTANCE
--------------------------------------------------------------------------------
RESELLERS
WITHOUT OPER. SERV. 29.47%
& DIRECTORY
ASSISTANCE
--------------------------------------------------------------------------------
79
EXHIBIT A
NETWORK ELEMENT BONA FIDE REQUEST
1. Each Party shall promptly consider and analyze access to a new
unbundled Network Element with the submission of a Network Element Bona Fide
Request hereunder. The Network Element Bona Fide Request process set forth
herein does not apply to those services requested pursuant to Report & Order and
Notice of Proposed Rulemaking 91-141 (rel. Oct. 19, 1992) P. 259 and n.603 or
subsequent orders.
2. A Network Element Bona Fide Request shall be submitted in writing and
shall include a technical description of each requested Network Element.
3. The requesting Party may cancel a Network Element Bona Fide Request at
any time, but shall pay the other Party's reasonable and demonstrable costs of
processing and/or implementing the Network Element Bona Fide Request up to the
date of cancellation.
4. Within ten (10) business days of its receipt, the receiving Party shall
acknowledge receipt of the Network Element Bona Fide Request.
5. Except under extraordinary circumstances, within thirty (30) days of
its receipt of a Network Element Bona Fide Request, the receiving Party shall
provide to the requesting Party a preliminary analysis of such Network Element
Bona Fide Request. The preliminary analysis shall confirm that the receiving
Party will offer access to the Network Element or will provide a detailed
explanation that access to the Network Element is not technically feasible
and/or that the request does not qualify as a Network Element that is required
to be provided under the Act.
6. If the receiving Party determines that the Network Element Bona Fide
Request is technically feasible and otherwise qualifies under the Act, it shall
promptly proceed with developing the Network Element Bona Fide Request upon
receipt of written authorization from the requesting Party. When it receives
such authorization, the receiving Party shall promptly develop the requested
services, determine their availability, calculate the applicable prices and
establish installation intervals.
7. Unless the Parties otherwise agree, the Network Element Requested must
be priced in accordance with Section 252(d)(1) of the Act.
8. As soon as feasible, but not more than ninety (90) days after its
receipt of authorization to proceed with developing the Network Element Bona
Fide Request, the receiving Party shall provide to the requesting Party a
Network Element Bona Fide Request quote which will include, at a minimum, a
description of each Network Element, the availability, the applicable rates and
the installation intervals.
80
9. Within thirty (30) days of its receipt of the Network Element Bona Fide
Request. quote, the requesting Party must either confirm its order for the
Network Element Bona Fide Request pursuant to the Network Element Bona Fide
Request quote or seek arbitration by the Department pursuant to Section 252 of
the Act.
10. If a Party to a Network Element Bona Fide Request believes that the
other Party is not requesting, negotiating or processing the Network Element
Bona Fide Request in good faith, or disputes a determination, or price or cost
quote, or is failing to act in accordance with section 251 of the Act, such
Party may seek mediation or arbitration by the Department pursuant to Section
252 of the Act.
81
