Exhibit 10.24
INTERCONNECTION, RESALE AND UNBUNDLING AGREEMENT
BETWEEN
GTE SOUTH INCORPORATED
AND
MEBTEL INTEGRATION COMMUNICATION SOLUTIONS, INC.
TABLE OF CONTENTS
ARTICLE I: SCOPE AND INTENT OF AGREEMENT............................................................ I-1
ARTICLE II: DEFINITIONS............................................................................. II-1
1. General Definitions....................................................................... II-1
--------------------
1.1 Access Service Request (ASR)...................................................... II-1
1.2 Act............................................................................... II-1
1.3 Affiliate......................................................................... II-1
1.4 Answer Supervision................................................................ II-1
1.5 Applicable Law.................................................................... II-1
1.6 As-Is Transfer (AIT).............................................................. II-1
1.7 Automatic Location Identification/Data Management System (ALI/DMS)................ II-1
1.8 Automated Message Accounting (AMA)................................................ II-2
1.9 Automatic Number Identification (ANI)............................................. II-2
1.10 Basic Local Exchange Service...................................................... II-2
1.11 Xxxx-and-Keep Arrangement......................................................... II-2
1.12 Bona Fide Request (BFR)........................................................... II-2
1.13 Business Day...................................................................... II-2
1.14 Central Office Switch............................................................. II-2
1.15 Centralized Message Distribution System (CMDS).................................... II-2
1.16 CLLI Codes........................................................................ II-2
1.17 Commission........................................................................ II-2
1.18 Common Channel Signaling (CCS).................................................... II-3
1.19 Competitive Local Exchange Carrier (CLEC)......................................... II-3
1.20 Compliance........................................................................ II-3
1.21 Conversation Time................................................................. II-3
1.22 Currently Available............................................................... II-3
1.23 Customer.......................................................................... II-3
1.24 Customer Service Record Search.................................................... II-3
1.25 Dedicated Transport............................................................... II-3
1.26 Disconnect Supervision............................................................ II-3
1.27 DS-1.............................................................................. II-3
1.28 DS-3.............................................................................. II-4
1.29 Electronic File Transfer.......................................................... II-4
1.30 Enhanced Service Provider (ESP) )/Internet Service Provider (ISP) Traffic......... II-4
1.31 E-911 Service..................................................................... II-4
1.32 Exchange Message Record (EMR)..................................................... II-4
1.33 Exchange Service.................................................................. II-4
1.34 Expanded Interconnection Service (EIS)............................................ II-4
1.35 Facility.......................................................................... II-4
1.36 FCC............................................................................... II-4
1.37 Generator......................................................................... II-4
1.38 GTE Guide......................................................................... II-5
1.39 GTOC.............................................................................. II-5
1.40 Hazardous Chemical................................................................ II-5
1.41 Hazardous Waste................................................................... II-5
1.42 Imminent Danger................................................................... II-5
1.43 Incumbent Local Exchange Carrier (ILEC)........................................... II-5
1.44 Initial Service Order............................................................. II-5
1.45 Interconnection Facility.......................................................... II-5
1.46 Interconnection Point (IP)........................................................ II-5
1.47 Interexchange Carrier (IXC) ........................................................... II-6
1.48 Interim Number Portability (INP) ...................................................... II-6
1.49 Internetwork Facilities ............................................................... II-6
1.50 ISDN User Part (ISUP) ................................................................. II-6
1.51 Line Information Data Base (LIDB) ..................................................... II-6
1.52 Line Side ............................................................................. II-6
1.53 Local Access and Transport Area (LATA) ................................................ II-6
1.54 Local Exchange Carrier (LEC) .......................................................... II-6
1.55 Local Exchange Routing Guide (LERG) ................................................... II-6
1.56 Local Number Portability (LNP) ........................................................ II-6
1.57 Local Service Request (LSR) ........................................................... II-7
1.58 Local Traffic ......................................................................... II-7
1.59 Loop Facility Charge .................................................................. II-7
1.60 Main Distribution Frame (MDF) ......................................................... II-7
1.61 Meet-Point Billing (MPB) .............................................................. II-7
1.62 Mid-Span Fiber Meet ................................................................... II-7
1.63 Multiple Exchange Carrier Access Billing (MECAB) ...................................... II-7
1.64 Multiple Exchange Carriers Ordering and Design Guidelines for Access Services -
Industry Support Interface (MECOD) .................................................... II-7
1.65 Network Interface Device (NID) ........................................................ II-8
1.66 911 Service ........................................................................... II-8
1.67 North American Numbering Plan (NANP) .................................................. II-8
1.68 Numbering Plan Area (NPA) ............................................................. II-8
1.69 NXX, NXX Code, Central Office Code or CO Code ......................................... II-8
1.70 Owner or Operator ..................................................................... II-8
1.71 Party/Parties ......................................................................... II-8
1.72 Pole Attachment ....................................................................... II-8
1.73 Provider .............................................................................. II-8
1.74 Public Safety Answering Point (PSAP) .................................................. II-9
1.75 Rate Center ........................................................................... II-9
1.76 Right-of-way (ROW) .................................................................... II-9
1.77 Routing Point ......................................................................... II-9
1.78 Service Control Point (SCP) ........................................................... II-9
1.79 Service Switching Point (SSP) ......................................................... II-9
1.80 Shared Transport ...................................................................... II-9
1.81 Signaling Point (SP) .................................................................. II-10
1.82 Signaling System 7 (SS7) .............................................................. II-10
1.83 Signal Transfer Point (STP) ........................................................... II-10
1.84 Subsidiary ............................................................................ II-10
1.85 Subsequent Service Order .............................................................. II-10
1.86 Synchronous Optical Network (SONET) ................................................... II-10
1.87 Switched Access Service ............................................................... II-10
1.88 Telcordia Technologies ................................................................ II-10
1.89 Telecommunications Services ........................................................... II-10
1.90 Third Party Contamination ............................................................. II-10
1.91 Transfer of Service ................................................................... II-11
1.92 Trunk Side ............................................................................ II-11
1.93 Unbundled Network Element (UNE) ....................................................... II-11
1.94 Undefined Terms ....................................................................... II-11
1.95 Vertical Features (including CLASS Features) .......................................... II-11
1.96 Wire Center............................................................................ II-11
ARTICLE III: GENERAL PROVISIONS .................................................................. III-1
1. Scope of General Provisions........................................................... III-1
2. Term and Termination.................................................................. III-1
2.1 Term........................................................................... III-1
2.2 Post-Termination Arrangements.................................................. III-1
2.3 Termination Upon Default....................................................... III-1
2.4 Termination Upon Sale.......................................................... III-2
2.5 Liability Upon Termination..................................................... III-2
3. Amendments............................................................................ III-2
4. Assignment............................................................................ III-2
5. Authority............................................................................. III-2
6. Responsibility for Payment............................................................ III-2
7. CLEC Profile.......................................................................... III-2
8. Contact Exchange...................................................................... III-3
9. Electronic Interface.................................................................. III-3
10. Billing and Payment................................................................... III-3
10.1 Back Billing................................................................... III-3
10.2 Dispute........................................................................ III-3
10.3 Late Payment Charge............................................................ III-3
10.4 Due Date....................................................................... III-4
10.5 Audits......................................................................... III-4
11. Binding Effect........................................................................ III-4
12. Capacity Planning and Forecasting..................................................... III-4
13. Compliance with Laws and Regulations.................................................. III-4
14. Confidential Information.............................................................. III-4
14.1 Identification................................................................. III-4
14.2 Handling....................................................................... III-5
14.3 Exceptions..................................................................... III-5
14.4 Survival....................................................................... III-6
15. Consent............................................................................... III-6
16. Cooperation on Fraud Minimization..................................................... III-6
17. Reimbursement of Expenses............................................................. III-6
18. Dispute Resolution.................................................................... III-6
18.1 Alternative to Litigation...................................................... III-6
18.2 Negotiations................................................................... III-6
18.3 Arbitration.................................................................... III-7
18.4 Expedited Arbitration Procedures............................................... III-7
18.5 Costs.......................................................................... III-7
18.6 Continuous Service............................................................ III-7
19. Entire Agreement...................................................................... III-7
20. Expenses.............................................................................. III-8
21. Force Majeure......................................................................... III-8
22. Good Faith Performance................................................................ III-8
23. Governinq Law......................................................................... III-8
24. Standard Practices.................................................................... III-8
25. Headings.............................................................................. III-8
26. Independent Contractor Relationship................................................... III-8
27. Law Enforcement Interface............................................................. III-9
28. Liability and Indemnity............................................................... III-9
28.1 Indemnification................................................................ III-9
28.2 End-User and Content-Related Claims............................................ III-9
28.3 DISCLAIMER..................................................................... III-10
28.4 Limitation of Liability........................................................ III-10
28.5 Intellectual Property.......................................................... III-10
29. Multiple Counterparts................................................................. III-10
30. No Third Party Beneficiaries.......................................................... III-11
31. Notices............................................................................... III-11
32. Protection............................................................................ III-11
32.1 Impairment of Service.......................................................... III-11
32.2 Resolution..................................................................... III-12
33. Publicity............................................................................. III-12
34. Regulatory Agency Control............................................................. III-12
35. Changes in Legal Requirement.......................................................... III-12
36. Effective Date........................................................................ III-12
37. Regulatory Matters.................................................................... III-12
38. Rule of Construction.................................................................. III-13
39. Section References.................................................................... III-13
40. Service Standards To Measure Quality of Service....................................... III-13
41. Severability.......................................................................... III-13
42. Subcontractors......................................................... III-13
43. Subsequent Law......................................................... III-13
44. Taxes.................................................................. III-13
44.1 Tax........................................................... III-14
44.2 Fees/Regulatory Surcharges.................................... III-14
45. Trademarks and Trade Names............................................. III-14
46. Waiver................................................................. III-14
47. Environmental Responsibility........................................... III-14
48. TBD Prices............................................................. III-16
49. Amendment of Certain Rates, Terms and Conditions....................... III-16
ARTICLE IV: GENERAL RULES GOVERNING RESOLD SERVICES AND UNBUNDLED ELEMENTS....... IV-1
1. General................................................................ IV-1
2. Liability of GTE....................................................... IV-1
2.1 Inapplicability of Tariff Liability........................... IV-1
2.2 MEBTEL Tariffs or Contracts................................... IV-1
2.3 No Liability for Errors....................................... IV-1
3. Unauthorized Changes................................................... IV-2
3.1 Procedures.................................................... IV-2
4. Impact of Payment of Charges on Service................................ IV-2
5. Unlawful Use of Service................................................ IV-3
6. Timing of Messages..................................................... IV-3
7. Procedures For Preordering, Ordering, Provisioning, Etc................ IV-3
8. Letter of Authorization................................................ IV-3
9. Customer Contacts...................................................... IV-4
ARTICLE V: INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC.............. V-1
1. Services Covered by This Article....................................... V-1
1.1 Types of Services............................................. V-1
2. Billing and Rates...................................................... V-1
2.1 Service Ordering, Service Provisioning, and Billing........... V-1
2.2 Rates and Charges............................................. V-1
2.3 Billing....................................................... V-1
2.4 Billing Specifications........................................ V-1
3. Transport and Termination of Traffic................................... V-2
3.1 Traffic to be Exchanged................................................ V-2
3.2 Compensation For Exchange Of Traffic................................... V-2
3.3 Tandem Switching Traffic............................................... V-4
3.4 Inter-Tandem SWitching................................................. V-4
4. Direct Network Interconnection.............................................. V-4
4.1 Network Interconnection Architecture................................... V-4
4.2 Compensation........................................................... V-5
4.3 Trunking Requirements.................................................. V-6
4.4 Trunk Forecasting...................................................... V-7
4.5 Trunk Facility Under Utilization....................................... V-8
4.6 Network Redesigns Initiated by GTE..................................... V-8
4.7 Interconnection Calling and Called Scopes for the Access Tandem
Interconnection and the End Office Interconnection..................... V-8
5. Indirect Network Interconnection............................................ V-8
6. Number Resources............................................................ V-8
6.1 Number Assignment...................................................... V-8
6.2 Rate Centers........................................................... V-9
6.3 Routing Points......................................................... V-9
6.4 Code and Numbers Administration........................................ V-9
6.5 Programming Switches................................................... V-9
7. Number Portability (NP)..................................................... V-9
7.1 Interim Number Portability (INP)....................................... V-9
7.2 Local Number Portability (LNP)......................................... V-10
8. Meet-Point Billing (MPB).................................................... V-10
8.1 Meet-Point Arrangements................................................ V-10
8.2 Compensation........................................................... V-11
9. Common Channel Signaling.................................................... V-11
9.1 Service Description.................................................... V-11
9.2 Signaling Parameters................................................... V-11
9.3 Privacy Indicators..................................................... V-11
9.4 Connection Through Signal Transfer Point (STP)......................... V-11
9.5 Third Party Signaling Providers........................................ V-12
9.6 Multi-Frequency Signaling.............................................. V-12
10. Network Management Controls................................................. V-12
ARTICLE VI: RESALE OF SERVICES........................................................ VI-1
1. General..................................................................... VI-1
2. Terms and Conditions........................................................ VI-1
2.1 Restrictions on Resale................................................. VI-1
2.2 Interim Universal Service Support Charge for Resale Services........... VI-1
2.3 Restrictions on Discount of Retail Services............................ VI-2
2.4 Resale to Other Carriers............................................... VI-2
3. Ordering and Billing........................................................ VI-2
3.1 Service Ordering, Service Provisioning, and Billing.................... VI-2
3.2 Local Service Request................................................ VI-2
3.3 Certificate of Operating Authority................................... VI-3
3.4 Directory Assistance (DA) Listings................................... VI-3
3.5 Nonrecurring Charges................................................. VI-3
3.6 Alternate Billed Calls............................................... VI-3
3.7 Transfers Between MEBTEL and Another Reseller of GTE Services........ VI-4
3.8 Local Calling Detail................................................. VI-4
3.9 Billing.............................................................. VI-4
3.10 LIDB................................................................. VI-4
3.11 Originating Line Number Screening (OLNS)............................. VI-4
4. Maintenance................................................................ VI-4
4.1 Maintenance, Testing and Repair...................................... VI-4
5. Services Available for Resale.............................................. VI-4
5.1 Description of Local Exchange Services Available for Resale.......... VI-4
5.2 Other Services Available for Resale.................................. VI-5
5.3 Rates................................................................ VI-5
5.4 Grandfathered Services............................................... VI-5
5.5 Access............................................................... VI-6
5.6 Operator Services (OS) and Directory Assistance (DA)................. VI-6
ARTICLE VII: UNBUNDLED NETWORK ELEMENTS.............................................. VII-1
1. General
2. Unbundled Network Elements................................................. VII-1
2.1 Categories........................................................... VII-1
2.2 Prices............................................................... VII-2
2.3 Connection to Unbundled Elements..................................... VII-2
2.4 Service Quality...................................................... VII-3
2.5 Provisioning and Support............................................. VII-3
3. Ordering and Billing....................................................... VII-3
3.1 Service Ordering, Service Provisioning, and Billing.................. VII-3
3.2 Local Service Request................................................ VII-3
3.3 Certificate of Operating Authority................................... VII-3
3.4 Directory Assistance (DA) Listings................................... VII-4
3.5 Nonrecurring Charges................................................. VII-4
3.6 Transfers Between MEBTEL............................................. VII-4
3.7 Billing.............................................................. VII-4
4. Network Interface Device................................................... VII-4
4.1 Direct Connection.................................................... VII-4
4.2 NID to NID Connection................................................ VII-5
4.3 Removal of Cable Pairs............................................... VII-5
4.4 Maintenance.......................................................... VII-5
4.5 Collocation Requirement.............................................. VII-5
5. Loop Elements.............................................................. VII-5
5.1 Service Description.................................................. VII-5
5.2 Categories of Loops.................................................. VII-5
5.3 Conditioned Loops.................................................... VII-7
5.4 Loop Testing......................................................... VII-7
5.5 Pair Gain Technologies......................................................... VII-7
5.6 Unbundled Loop Facility Qualification.......................................... VII-8
5.7 Unbundled Loop Facility Compatibility.......................................... VII-8
5.8 Subloops....................................................................... VII-9
6. Port and Local Switching Elements..................................................... VII-9
6.1 Port........................................................................... V11-9
6.2 Ports Available as UNEs........................................................ VII-9
6.3 Local Switching................................................................ VII-9
6.4 Compliance with Section 2.3.................................................... VII-10
7. Transport Elements.................................................................... VII-11
7.1 Shared Transport............................................................... VII-11
7.2 Dedicated Transport............................................................ VII-11
8. SS7 Transport and Signaling........................................................... VII-12
9. LIDB Services......................................................................... VII-12
10. Database 800-Type Services............................................................ VII-12
11. Operator Services and Directory Assistance............................................ VII-12
12. Customized Routing.................................................................... VII-13
13. Advanced Intelligent Network Access (AIN)............................................. VII-14
14. Directory Assistance Listing.......................................................... VII-14
15. Operational Support Systems (OSS)..................................................... VII-14
16. Bona Fide Request Process............................................................. VII-14
16.1 Intent......................................................................... VII-14
16.2 Process........................................................................ VII-14
ARTICLE VIII: ADDITIONAL SERVICES AND COORDINATED SERVICE ARRANGEMENTS.......................... VIII-1
1 . Transfer of Service Announcements..................................................... VIII-1
2. Misdirected Calls..................................................................... VIII-1
3. 911/E-911 Arrangements................................................................ VIII-1
3.1 Description of Service......................................................... VIII-1
3.2 Transport...................................................................... VIII-1
3.3 Cooperation and Level of Performance........................................... VIII-2
3.4 Basic 911 and E-911 General Requirements:...................................... VIII-2
3.5 Compensation................................................................... VIII-6
3.6 Liability...................................................................... VIII-7
4. Information Services Traffic.......................................................... VIII-7
4.1 Routing........................................................................ VIII-7
4.2 Billing and Collection and Information Service Provider (ISP) Remuneration..... VIII-7
4.3 900-976 Call Blocking.......................................................... VIII-7
4.4 Miscellaneous.................................................................. VIII-7
5. Telephone Relay Service.................................................... VIII-7
6. Directory Assistance and Operator Services................................. VIII-8
6.1 Directory Assistance Calls........................................... VIII-8
6.2 Operator Services Calls.............................................. VIII-8
7. Directory Assistance Listings Information.................................. VIII-8
8. Directory Listings and Directory Distribution.............................. VIII-9
8.1 Listings............................................................. VIII-9
8.2 Distribution......................................................... V111-9
9. Busy Line Verification and Busy Line Verification Interrupt................ XXXX-0
00. Xxxxxx Address Guide (SAG)................................................. VIII-10
11. Dialing Format Changes..................................................... VIII-10
ARTICLE IX: COLLOCATION............................................................. IX-1
1. Physical Collocation....................................................... IX-1
1.1 Space Planning....................................................... IX-1
1.2 Connection to Customer Loops and Ports............................... IX-1
1.3 Connection to Other Collocated Carriers.............................. IX-1
1.4 Choice of Vendor..................................................... IX-2
1.5 Monitoring........................................................... IX-2
1.6 Phone Service........................................................ IX-2
1.7 Intraoffice Diversity................................................ IX-2
1.8 MEBTEL Proprietary Information....................................... IX-2
1.9 Notification of Modifications........................................ IX-2
1.10 Drawings............................................................. IX-3
1.11 Construction of Space................................................ IX-3
1.12 Connection Equipment................................................. IX-4
1.13 Access to MEBTEL Collocation Space................................... IX-4
ARTICLE X: ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY........................ IX-1
ARTICLE XI: SIGNATURE PAGE........................................................... IX-1
APPENDIX A: RATES AND CHARGES FOR TRANSPORT AND TERMINATION OF TRAFFIC............... A-1
APPENDIX B: RATES AND CHARGES FOR NUMBER PORTABILITY................................. B-1
APPENDIX C: SERVICES AVAILABLE FOR RESALE............................................ C-1
APPENDIX D: PRICES FOR UNBUNDLED NETWORK ELEMENTS.................................... D-1
APPENDIX E: RATES AND CHARGES FOR 911/E-911 ARRANGEMENTS............................. E-1
APPENDIX F: COMPENSATION FOR EXCHANGE OF TRAFFIC USING UNBUNDLED ELEMENTS............ F-1
APPENDIX 49A: AMENDMENT TO CERTAIN RATES, TERMS AND CONDITIONS - AT&T TERMS.......... 49A-1
APPENDIX 49B: AMENDMENT TO CERTAIN RATES, TERMS AND CONDITIONS - GTE TERMS........... 49B-1
This Interconnection, Resale and Unbundling Agreement (the "Agreement"), is by
and between GTE South Incorporated, with its address for purposes of this
Agreement at 000 Xxxxxx Xxxxx Xxxxx, Xxxxxx, Xxxxx 00000 ("GTE"), and MebTel
Integration Communication Solutions, Inc., in its capacity as a certified
Provider of local two-way wireline dial-tone service ("MEBTEL"), with its
address for this Agreement at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxx, XX 00000 (GTE and
MEBTEL being referred to collectively as the "Parties" and individually as a
"Party"). This Agreement covers services in the State of North Carolina only
(the "State").
WHEREAS, interconnection between competing Local Exchange Carriers (LECs) is
necessary and desirable for the mutual exchange and termination of traffic
originating on each LEC's network; and
WHEREAS, the Parties desire to exchange such traffic and related signaling in a
technically and economically efficient manner at defined and mutually agreed
upon interconnection points; and
WHEREAS, the Parties wish to enter into an agreement to interconnect their
respective telecommunications networks on terms that are fair and equitable to
both Parties; and
WHEREAS, Section 251 of the Telecommunications Act of 1996 (the "Act") imposes
specific obligations on LECs with respect to the interconnection of their
networks, resale of their telecommunications services, access to their poles,
ducts, conduits and rights-of-way and, in certain cases, the offering of certain
Unbundled Network Elements (UNEs) and physical collocation of equipment in LEC
premises; and
WHEREAS, GTE is entering, under protest, into certain aspects of this Agreement
that incorporate adverse results from the arbitrated agreements approved by the
Commission in this state and is doing so in order to avoid the expense of
arbitration while at the same time preserving its legal positions, rights and
remedies, pursuant to Article III, Section 49.
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, GTE and MEBTEL hereby covenant and agree as follows:
ARTICLE I
SCOPE AND INTENT OF AGREEMENT
Pursuant to this Agreement, the Parties will extend certain arrangements to one
another within each area in which they both operate within the State for
purposes of interconnection and the exchange of traffic between their respective
end-user customers, and reciprocal access to poles, ducts, conduits and rights-
of-way. This Agreement also governs the purchase by MEBTEL of certain
telecommunications services provided by GTE in its franchise areas for resale by
MEBTEL, the purchase by MEBTEL of certain Unbundled Network Elements from GTE,
and the terms and conditions of the collocation of certain equipment of MEBTEL
in the premises of GTE. This Agreement is an integrated package that reflects a
balancing of interests critical to the Parties. This Agreement will be submitted
to the North Carolina Utilities Commission (the "Commission") for approval. The
Parties agree that their entrance into this Agreement is without prejudice to
and does not waive any positions they may have taken previously, or may take in
the future, in any legislative, regulatory, judicial or other public forum
addressing any matters, including matters related to the same types of
arrangements and/or matters related to GTE's cost recovery covered in this
Agreement. MEBTEL agrees to negotiate reciprocal terms and conditions with GTE
based on this Agreement. GTE's execution of this Agreement is not a concession
or waiver in any manner concerning its position that certain rates, terms and
conditions contained herein are unlawful, illegal and improper.
The services and facilities to be provided to MEBTEL by GTE in satisfaction of
this Agreement may be provided pursuant to GTE tariffs and then current
practices. Should such services and facilities be modified by tariff or by
Order, including any modifications resulting from other Commission proceedings,
federal court review or other judicial action, and unless otherwise specified
herein, such modifications will be deemed to automatically supersede any rates
and terms and conditions of this Agreement. The Parties shall cooperate with one
another for the purpose of incorporating required modifications into this
Agreement.
I-1
ARTICLE II
DEFINITIONS
1. General Definitions.
--------------------
Except as otherwise specified herein, the following definitions shall apply
to all Articles and Appendices contained in this Agreement. Additional
definitions that are specific to the matters covered in a particular
Article may appear in that Article. To the extent that there may be any
conflict between a definition set forth in this Article II and any
definition in a specific Article or Appendix, the definition set forth in
the specific Article or Appendix shall control with respect to that Article
or Appendix.
1.1 Access Service Request (ASR)
----------------------------
An industry standard form, which contains data elements and usage
rules used by the Parties to add, establish, change or disconnect
services or trunks for the purposes of Interconnection.
1.2 Act
---
The Telecommunications Act of 1996, Public Law 104-104 of the 000xx
Xxxxxx Xxxxxx Congress effective February 8, 1996.
1.3 Affiliate
---------
A person, corporation or other legal entity that, directly or
indirectly, owns or controls a Party, or is owned or controlled by,
or is under common ownership or control with a Party.
1.4 Answer Supervision
------------------
An off-hook supervisory signal.
1.5 Applicable Law
--------------
All laws, statutes, common law, regulations, ordinances, codes,
rules, guidelines, orders, permits, and approvals of any
Governmental Authority, which apply or relate to the subject matter
of this Agreement.
1.6 As-Is Transfer (AIT)
--------------------
The transfer of all telecommunications services and features
available for resale, that are currently being provided for a
specific account, without the requirements of a specific enumeration
of the services and features on the Local Service Request (LSR).
1.7 Automatic Location Identification/Data Management System (ALI/DMS)
------------------------------------------------------------------
The emergency services (E-911/911) database containing customer
location information (including name, address, telephone number, and
sometimes special information from the local service provider) used
to process subscriber access records into Automatic Location
Identification (ALI) records. From this database, records are
forwarded to GTE's ALI Gateway for downloading by local ALI database
systems to be available for retrieval in response to Automatic
Number Identification (ANI) from a 9-1-1 call. Also, from this
database, GTE will upload to its selective routers the selective
router ALI (SR/ALI) which is used to determine to which Public
Safety Answering Point (PSAP) to route the call.
II-1
1.8 Automated Message Accounting (AMA)
----------------------------------
The structure inherent in switch technology that initially records
telecommunication message information. AMA format is contained in the
Automated Message Accounting document, published by Telcordia
Technologies as GR-1100-CORE which defines the industry standard for
message recording.
1.9 Automatic Number Identification (ANI)
-------------------------------------
The number transmitted through the network identifying the calling
party.
1.10 Basic Local Exchange Service
----------------------------
Voice grade access to the network that provides: the ability to place
and receive calls; touch-tone service, access to operator services;
access to directory assistance; access to emergency services (E911);
access to telephone relay service (TRS); access to interexchange
carriers of the customer's choice; standard white pages directory
listing; and toll blocking for low-income consumers participating in
Lifeline (subject to technical feasibility).
1.11 Xxxx-and-Keep Arrangement
-------------------------
A compensation arrangement whereby the Parties do not render bills to
each other for the termination of Local Traffic specified in this
Agreement and whereby the Parties terminate local exchange traffic
originating from end-users served by the networks of the other Party
without explicit charging among or between said carriers for such
traffic exchange.
1.12 Bona Fide Request (BFR)
-----------------------
Process intended to be used when requesting customized Service Orders
for certain services, features, capabilities or functionality defined
and agreed upon by the Parties as services to be ordered as BFRs.
1.13 Business Day
------------
Monday through Friday, except for holidays on which the U.S. mail is
not delivered.
1.14 Central Office Switch
---------------------
A switch used to provide telecommunications services including (1)
End Office Switches which are Class 5 switches from which end-user
-------------------
Exchange Services are directly connected and offered, and (2) Tandem
------
Office Switches which are Class 4 switches which are used to connect
---------------
and switch trunk circuits between and among central office switches.
Central office switches may be employed as combination end
office/tandem office switches (combination Class 5/Class 4).
1.15 Centralized Message Distribution System (CMDS)
----------------------------------------------
The billing record and clearing house transport system that the
Regional Xxxx Operating Companies (RBOCs) and other incumbent LECs
use to efficiently exchange out collects and in collects as well as
Carrier Access Billing System (CABS) records.
1.16 CLLI Codes
----------
Common Language Location Identifier Codes.
1.17 Commission
----------
The North Carolina Utilities Commission.
II-2
1.18 Common Channel Signaling (CCS)
------------------------------
A high-speed specialized packet-switched communications network that
is separate (out-of-band) from the public packet-switched and message
networks. CCS carries addressed signaling messages for individual
trunk circuits and/or database-related services between Signaling
Points in the CCS network using SS7 signaling protocol.
1.19 Competitive Local Exchange Carrier (CLEC)
-----------------------------------------
Any company or person authorized to provide local exchange services
in competition with an ILEC.
1.20 Compliance
----------
Environmental and safety laws and regulations based upon a federal
regulatory framework, with certain responsibilities delegated to the
States. An environmental/safety compliance program may include review
of applicable laws/regulations, development of written procedures,
training of employees and auditing.
1.21 Conversation Time
-----------------
The time that both Parties' equipment is used for a completed call,
measured from the receipt of Answer Supervision to the receipt of
Disconnect Supervision.
1.22 Currently Available
-------------------
Existing as part of GTE's network at the time of the requested order
or service and does not include any service, feature, function or
capability that GTE either does not provide to itself or to its own
end users, or does not have the capability to provide.
1.23 Customer
--------
GTE or MEBTEL, depending on the context and which Party is receiving
the service from the other Party.
1.24 Customer Service Record Search
------------------------------
Applied to LSR when CLEC requests a customer service record search
prior to account conversion from GTE or from another CLEC. Search
typically is for basic account information, listing/directory
information, service and equipment listing, and billing information.
Applied on a per requested loop and/or port basis.
1.25 Dedicated Transport
-------------------
An Unbundled Network Element that is purchased for the purpose of
transporting Telecommunication Services between designated Serving
Wire Centers (SWC). Dedicated Transport may extend between two GTE
SWCs (Interoffice Dedicated Transport or IDT) or may extend from the
GTE SWC to the CLEC premise (CLEC Dedicated Transport or CDT). CDT
remains within the exchange boundaries of the SWC, while IDT
traverses exchange boundaries.
1.26 Disconnect Supervision
----------------------
An on-hook supervisory signal end at the completion of a call.
1.27 DS-1
----
A service carried at digital signal rate of 1.544 Mbps.
II-3
1.28 DS-3
----
A service carried at digital signal rate of 44.736 Mbps.
1.29 Electronic File Transfer
------------------------
A system or process which utilizes an electronic format and protocol
to send/receive data files.
1.30 Enhanced Service Provider (ESP))/Internet Service Provider (ISP)
----------------------------------------------------------------
Traffic
-------
Traffic bound to any Enhanced Service Provider or Internet Service
Provider. ESP/ISP Traffic is separate and distinct from Local
Traffic.
1.31 E-911 Service
-------------
A method of routing 911 calls to a PSAP that uses a customer location
database to determine the location to which a call should be routed.
E-9-1-1 service includes the forwarding of the caller's Automatic
Number Identification (ANI) to the PSAP where the ANI is used to
retrieve and display the Automatic Location Identification (ALI) on a
terminal screen at the answering Attendant's position. It usually
includes selective routing.
1.32 Exchange Message Record (EMR)
-----------------------------
An industry standard record used to exchange telecommunications
message information among CLECs for billable, non-billable, sample,
settlement and study data. EMR format is defined in BR-010-200-010
XXXX Exchange Message Record, published by Telcordia Technologies.
1.33 Exchange Service
----------------
All basic access line services, or any other services offered to end
users which provide end users with a telephonic connection to, and a
unique telephone number address on, the Public Switched
Telecommunications Network (PSTN), and which enable such end users to
place or receive calls to all other stations on the PSTN.
1.34 Expanded Interconnection Service (EIS)
--------------------------------------
A service that provides interconnecting carriers with the capability
to terminate basic fiber optic transmission facilities, including
optical terminating equipment and multiplexers, at GTE's wire centers
and access tandems and interconnect those facilities with the
facilities of GTE. Microwave is available on a case-by-case basis
where feasible.
1.35 Facility
--------
All buildings, equipment, structures and other items located on a
single site or contiguous or adjacent sites owned or operated by the
same persons or person as used in Article III, Section 47.
1.36 FCC
---
The Federal Communications Commission.
1.37 Generator
---------
Under the Resource Conservation Recovery Act (RCRA), the person whose
act produces a hazardous waste (40 CFR 261) or whose act first causes
a hazardous waste to become subject to regulation. The generator is
legally responsible for the proper management and
II-4
disposal of hazardous wastes in accordance with regulations (see
reference in Article 111, Section 47).
1.38 GTE Guide
---------
The GTE Open Market Transition Order/Processing Guide, LSR Guide, and
Products and Services Guide which contain GTE's operating procedures
for ordering, provisioning, trouble reporting and repair for resold
services and unbundled elements and GTE's CLEC Interconnection Guide
which provides guidelines for obtaining interconnection of GTE's
Switched Network with the networks of all certified CLECs for
reciprocal exchange of traffic. Except as specifically provided
otherwise in this Agreement, service ordering, provisioning, billing
and maintenance shall be governed by the Guide which may be amended
from time to time by GTE as needed.
1.39 GTOC
----
GTE Telephone Operating Company.
1.40 Hazardous Chemical
------------------
As defined in the U.S. Occupational Safety and Health (OSHA) hazard
communication standard (29 CFR 1910.1200), any chemical which is a
health hazard or physical hazard.
1.41 Hazardous Waste
---------------
As described in Resource Conservation Recovery Act (RCRA), a solid
waste(s) which may cause, or significantly contribute to an increase
in mortality or illness or pose a substantial hazard to human health
or the environment when improperly treated, stored, transported or
disposed of or otherwise managed because of its quantity,
concentration or physical or chemical characteristics.
1.42 Imminent Danger
---------------
As described in the Occupational Safety and Health Act and expanded
for environmental matters, any conditions or practices at a facility
which are such that a danger exists which could reasonably be
expected to cause death or serious harm or significant damage to the
environment or natural resources.
1.43 Incumbent Local Exchange Carrier (ILEC)
---------------------------------------
Any local exchange carrier that was as of February 8, 1996, deemed to
be a member of the Exchange Carrier Association as set forth in 47
C.F.R. /0/ 69.601(b) of the FCC's regulations.
1.44 Initial Service Order
---------------------
A charge applied to each LSR of Unbundled Loops and/or Ports with the
exception of Subsequent Service Order changes to existing CLEC
accounts.
1.45 Interconnection Facility
------------------------
See "Internetwork Facilities".
1.46 Interconnection Point (IP)
--------------------------
The physical point on the network where the two parties interconnect.
The IP is the demarcation point between ownership of the transmission
facility.
II-5
1.47 Interexchange Carrier (lXC)
---------------------------
A telecommunications service provider authorized by the FCC to
provide interstate long distance communications services between
LATAs and is authorized by the State to provide inter- and/or
intraLATA long distance communications services within the State.
1.48 Interim Number Probability (INP)
--------------------------------
The delivery of Local Number Portability (LNP) capabilities, from a
customer standpoint in terms of call completion, with as little
impairment of functioning, quality, reliability, and convenience as
possible and from a carrier standpoint in terms of compensation,
through the use of existing and available call routing, forwarding,
and addressing capabilities.
1.49 Internetwork Facilities
-----------------------
The physical connection of separate pieces of equipment, transmission
facilities, etc., within, between and among networks, for the
transmission and routing of exchange service and exchange access.
1.50 ISDN User Part (ISUP)
---------------------
A part of the SS7 protocol that defines call setup messages and call
takedown messages.
1.51 Line Information Data Base (LIDB)
---------------------------------
One or all, as the context may require, of the Line Information
databases owned individually by GTE and other entities which provide,
among other things, calling card validation functionality for
telephone line number cards issued by GTE and other entities. A LIDB
also contains validation data for collect and third number-billed
calls; i.e., Billed Number Screening.
1.52 Line Side
---------
Refers to an end office switch connection that has been programmed to
treat the circuit as a local line connected to an ordinary telephone
station set. Line side connections offer only those transmission and
signaling features appropriate for a connection between an end office
and an ordinary telephone set.
1.53 Local Access and Transport Area (LATA)
--------------------------------------
A geographic area for the provision and administration of
communications service; i.e., intraLATA or interLATA.
1.54 Local Exchange Carrier (LEC)
----------------------------
Any company certified by the Commission to provide local exchange
telecommunications service. This includes the Parties to this
Agreement.
1.55 Local Exchange Routing Guide (LERG)
-----------------------------------
The Telcordia Technologies reference customarily used to identify
NPA-NXX routing and homing information, as well as network element
and equipment designation.
1.56 Local Number Portability (LNP)
------------------------------
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.
II-6
1.57 Local Service Request (LSR)
---------------------------
The industry standard form, which contains data elements and usage
rules, used by the Parties to establish, add, change or disconnect
resold services and unbundled elements for the purposes of
competitive local services.
1.58 Local Traffic
-------------
Traffic that is originated by an end user of one Party and terminates
to the end user of the other Party within GTE's then current local
serving area, including mandatory local calling scope arrangements. A
mandatory local calling scope arrangement is an arrangement that
provides end users a local calling scope, Extended Area Service
(EAS), beyond their basic exchange serving area. Local Traffic does
not include optional local calling scopes (i.e., optional rate
---
packages that permit the end user to choose a local calling scope
beyond their basic exchange serving area for an additional fee),
referred to hereafter as "optional EAS". Local Traffic excludes
Enhanced Service Provider (ESP) and Internet Service Provider (ISP)
traffic, including but not limited to Internet, 900-976, etc., and
Internet Protocol based long distance telephony.
1.59 Loop Facility Charge
--------------------
A charge applied to LSRs when field work is required for
establishment of unbundled loop service. Applied on a per LSR basis.
1.60 Main Distribution Frame (MDF)
-----------------------------
The distribution frame used to interconnect cable pairs and line
trunk equipment terminating on a switching system.
1.61 Meet-Point Billing (MPB)
------------------------
Refers to an arrangement whereby two LECs jointly provide the
transport element of a switched access service to one of the LEC's
end office switches, with each LEC receiving an appropriate share of
the transport element revenues as defined by the effective access
tariffs.
1.62 Mid-Span Fiber Meet
-------------------
An Interconnection architecture whereby two carriers' fiber
transmission facilities meet at a mutually agreed-upon IP.
1.63 Multiple Exchange Carrier Access Billing (MECAB)
------------------------------------------------
Refers to the 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 Telcordia Technologies as Special Report SR-BDS-000983,
contains the recommended guidelines for the billing of an access
service provided by two or more LECs, or by one LEC in two or more
states within a single LATA.
1.64 Multiple Exchange Carriers Ordering and Design Guidelines for Access
--------------------------------------------------------------------
Services-Industry Support Interface (MECOD)
-------------------------------------------
A document developed by the Ordering/Provisioning Committee under the
auspices 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 MECOD
document, published by Telcordia Technologies as Special Report
II-7
SR-STS-002643, establishes methods for processing orders for
access service which is to be provided by two or more LECs.
1.65 Network Interface Device (NID)
------------------------------
The point of demarcation between the end user's inside wiring
and GTE's facilities.
1.66 911 Service
-----------
A universal telephone number which gives the public direct
access to the PSAP. Basic 911 service collects 911 calls from
one or more local exchange switches that serve a geographic
area. The calls are then sent to the correct authority
designated to receive such calls.
1.67 North American Numbering Plan (NANP)
------------------------------------
The system of telephone numbering employed in the United States,
Canada, and Caribbean countries that employ NPA 809.
1.68 Numbering Plan Area (NPA)
-------------------------
Also sometimes referred to as an area code, is the three digit
indicator which is defined by the "A", "B", and "C" digits of
each 10-digit telephone number within the NANP. Each NPA
contains 800 possible NXX Codes. There are two general
categories of NPA, "Geographic NPAs" and "Non-Geographic NPAs".
--------------- -------------------
A Geographic NPA is associated with a defined geographic area,
and all telephone numbers bearing such NPA are associated with
services provided within that geographic area. A Non-Geographic
NPA, also known as a "Service Access Code" or "SAC Code" is
------------------- --------
typically associated with a specialized telecommunications
service which may be provided across multiple geographic NPA
areas. 800, 900, 700, and 888 are examples of Non-Geographic
NPAs.
1.69 NXX, NXX Code, Central Office Code or CO Code
--- --- ---- ------- ------ ---- -- -- ----
The three digit switch entity indicator which is defined by the
"ID", "E", and "F digits of a 10digit telephone number within
the NANP. Each NXX Code contains 10,000 station numbers.
1.70 Owner or Operator
----- -- --------
As used in OSHA regulations, owner is the legal entity,
including a lessee, which exercises control over management and
record keeping functions relating to a building or facility. As
used in the Resource Conservation and Recovery Act (RCRA),
operator means the person responsible for the overall (or part
of the) operations of a facility (see reference in Article III,
Section 47).
1.71 Party/Parties
-------------
GTE and/or MEBTEL.
1.72 Pole Attachment
---------------
Refers to the definition set forth in Article X.
1.73 Provider
--------
GTE or MEBTEL depending on the context and which Party is
providing the service to the other Party.
II-8
1.74 Public Safety Answering Point (PSAP)
------ ------ --------- ----- ------
An answering location for 9-1-1 calls originating in a given
area. A PSAP may be designated as Primary or Secondary, which
refers to the order in which calls are directed for answering.
Primary PSAPs respond first; Secondary PSAPs receive calls on a
transfer basis only, and generally serve as a centralized
answering location for a particular type of emergency call.
PSAPs are staffed by employees of Emergency Response Agencies
(ERAs) such as police, fire or emergency medical agencies or by
employees of a common bureau serving a group of such entities.
1.75 Rate Center
-----------
The specific geographic point and corresponding geographic area
that are associated with one or more particular NPA-NXX Codes
that have been assigned to a LEC for its provision of Exchange
Services. The geographic point is identified by a specific
Vertical and Horizontal (V&H) coordinate that is used to
calculate distance-sensitive end user traffic to/from the
particular NPA-NXXs associated with the specific Rate Center.
1.76 Right-of-way (ROW)
------------ -----
The right to use the land or other property of another party to
place poles, conduits, cables, other structures and equipment,
or to provide passage to access such structures and equipment. A
ROW may run under, on, or above public or private property
(including air space above public or private property) and may
include the right to use discrete space in buildings, building
complexes, or other locations.
1.77 Routing Point
------- -----
Denotes a location that a LEC has designated on its network as
the homing (routing) point for traffic that terminates to
Exchange Services provided by the LEC that bear a certain NPA-
NXX, designation. The Routing Point is used to calculate airline
mileage for the distance-sensitive transport element charges of
Switched Access Services. Pursuant to Telcordia Technologies
Practice BR795-100-100, the Routing Point may be an end office
location, or a "LEC Consortium Point of Interconnection." The
Routing Point must be in the same LATA as the associated NPA-
NXX.
1.78 Service Control Point (SCP)
------- ------- ----- -----
The node in the signaling network to which informational
requests for service handling, such as routing, are directed and
processed. The SCP is a real time database system that, based on
a query from the SSP, performs subscriber or application-
specific service logic, and then sends instructions back to the
SSP on how to continue call processing.
1.79 Service Switching Point (SSP)
------- --------- ----- -----
A Signaling Point that can launch queries to databases and
receive/interpret responses used to provide specific customer
services.
1.80 Shared Transport
------ ---------
The physical interoffice facility not dedicated to any one
customer, that is used to transport a call between switching
offices. A central office switch translates the end user dialed
digits and routes the call over a Common Transport Trunk Group
that rides interoffice transmission facilities. These trunk
groups and the associated interoffice transmission facilities
are accessible by any end user (GTE end user or MEBTEL end user
when MEBTEL has purchased unbundled local switching), and are
referred to as "shared transport facilities".
II-9
1.81 Signaling Point (SP)
--------- ----- ----
A node in the CCS network that originates and/or receives
signaling messages, or transfers signaling messages from one
signaling link to another, or both.
1.82 Signaling System 7 (SS7)
--------- ------ - -----
The signaling protocol, Version 7, of the CCS network, based
upon American National Standards Institute (ANSI) standards.
1.83 Signal Transfer Point (STP)
------ -------- ----- -----
A packet switch in the CCS network that is used to route
signaling messages among SSPs, SCPs and other STPs in order to
set up calls and to query databases for advanced services. GTE's
network includes mated pairs of local and regional STPs. STPs
are provided in pairs for redundancy. GTE STPs conform to ANSI
T1.111-8 standards.
1.84 Subsidiary
----------
A corporation or other legal entity that is majority owned by a
Party.
1.85 Subsequent Service Order
--------- ------- -----
Applied to LSRs, requesting a service change to an existing
unbundled account (no CLEC transfer). For disconnect-only LSRs,
no NRC will be applied.
1.86 Synchronous Optical Network (SONET)
----------- ------- ------- -------
Synchronous electrical (STS) or optical channel (OC) connections
between LECs.
1.87 Switched Access Service
-------- ------ -------
The offering of facilities for the purpose of the origination or
termination of traffic to or from Exchange Service customers in
a given area pursuant to a switched access tariff. Switched
Access Services include: Feature Group A, Feature Group B,
Feature Group C, Feature Group D, 800 access and 900 access
services.
1.88 Telcordia Technologies
--------- ------------
A wholly owned subsidiary of Science Applications International
Corporation (SAIC). The organization conducts research and
development projects for its owners, including development of
new telecommunications services. Telcordia Technologies also
provides certain centralized technical and management services
for the regional holding companies and also provides generic
requirements for the telecommunications industry for products,
services and technologies.
1.89 Telecommunications Services
------------------ --------
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.
1.90 Third Party Contamination
----- ----- -------------
Environmental pollution that is not generated by the LEC or
MEBTEL but results from off-site activities impacting a
facility.
II-10
1.91 Transfer of Service
-------- -- -------
A charge applied to LSR's which involve account changes (e.g.,
CLEC to CLEC transfers, DA & CPE billing changes on Unbundled
Ports).
1.92 Trunk Side
----------
Refers to a central office switch connection that is capable of,
and has been programmed to treat the circuit as, connecting to
another switching entity, for example, to another central office
switch. Trunk side connections offer those transmission and
signaling features appropriate for the connection of switching
entities and cannot be used for the direct connection of
ordinary telephone station sets.
1.93 Unbundled Network Element (UNE)
--------- ------- ------- -----
Generally a facility or equipment used in the provision of a
Telecommunications Service. Specific references to UNEs
contained throughout this Agreement shall be to the network
elements that are to be unbundled pursuant to Article VII of
this Agreement.
1.94 Undefined Terms
--------- -----
Terms that may appear in this Agreement which are not defined.
Parties acknowledge and agree that any such terms shall be
construed in accordance with customary usage in the
telecommunications industry as of the effective date of this
Agreement.
1.95 Vertical Features (including CLASS Features)
-------- -------- --------------------------
Vertical services and switch functionalities provided by GTE,
including: Automatic Call Back; Automatic Recall; Call
Forwarding Busy Line/Don't Answer; Call Forwarding Don't Answer;
Call Forwarding Variable; Call Forwarding - Busy Line; Call
Trace; Call Waiting; Call Number Delivery Blocking Per Call;
Calling Number Blocking Per Line; Cancel Call Waiting;
Distinctive Ringing/Call Waiting; Incoming Call Line
Identification Delivery; Selective Call Forward; Selective Call
Rejection; Speed Calling; and Three Way Calling/Call Transfer.
1.96 Wire Center
---- ------
A building or space within a building that serves as an
aggregation point on a LEC's network, where transmission
facilities and circuits are connected or switched. Wire Center
can also denote a building in which one or more Central Offices,
used for the provision of exchange services and access services,
are located.
II-11
ARTICLE III
GENERAL PROVISIONS
1. Scope of General Provisions.
---------------------------
Except as may otherwise be set forth in a particular Article or Appendix of
this Agreement, in which case the provisions of such Article or Appendix
shall control, these General Provisions apply to all Articles and
Appendices of this Agreement.
2. Term and Termination.
---------------------
2.1 Term.
----
Subject to the termination provisions contained in this Agreement, the
term of this Agreement shall be from the Effective Date of this
Agreement until October 14, 2001 and shall continue in effect for
consecutive six (6) month terms unless either Party gives the other
Party at least ninety (90) calendar days written notice of
termination, which termination shall be effective at the end of the
then-current term ("Termination Date"). In the event notice is given
less than 90 calendar days prior to the end of the current term, this
Agreement shall remain in effect for 90 calendar days after such
notice is received, provided, that in no case shall the Termination
Date be extended beyond 90 calendar days after the end of the current
term.
2.2 Post-Termination Arrangements.
-----------------------------
Except in the case of termination as a result of either Party's
Default under Section 2.3 below, or a termination upon sale, pursuant
to Section 2.4, for service arrangements made available under this
Agreement and existing at the time of termination, those arrangements
may continue:
(a) As if under this Agreement, if either Party has requested
negotiations for a new agreement pursuant to Sections 251 and 252
of the Act, (i) until this Agreement has been replaced by a new
agreement, or (ii) for up to one hundred eighty (180) calendar
days following the Termination Date, whichever is earlier.
(b) If this Agreement is not continued pursuant to subsection (a)
preceding under (i) a new agreement voluntarily executed by the
Parties; (ii) standard terms and conditions approved and made
generally effective by the Commission, if any; (iii) tariff terms
and conditions made generally available to all Local Providers;
or (iv) any rights under Section 252(i) of the Act.
2.3 Termination Upon Default.
------------------------
Either Party may terminate this Agreement in whole or in part in the
event of a default by the other Party; provided however, that the non-
defaulting Party notifies the defaulting party in writing of the
alleged default and that the defaulting Party does not cure the
alleged default within sixty (60) calendar days of receipt of written
notice thereof. Default is defined to include:
(c) A Party's insolvency or the initiation of bankruptcy or
receivership proceedings by or against the Party; or
(d) A Party's refusal or failure in any material respect properly to
perform its obligations under this Agreement, or the violation of
any of the material terms or conditions of this Agreement.
III-1
2.4 Termination Upon Sale.
----------------------
Notwithstanding anything to the contrary contained herein, a
Party may terminate this Agreement as to a specific operating
area or portion thereof if such Party sells or otherwise
transfers the area or portion thereof. The selling or
transferring Party shall provide the other Party with at least
ninety (90) calendar days' prior written notice of such
termination, which shall be effective on the date specified in
the notice. Notwithstanding termination of this Agreement as to
a specific operating area, this Agreement shall remain in full
force and effect in the remaining operating areas.
2.5 Liability Upon Termination.
---------------------------
Termination of this Agreement, or any part hereof, for any cause
shall not release either Party from any liability which at the
time of termination had already accrued to the other Party or
which thereafter accrues in any respect to any act or omission
occurring prior to the termination or from an obligation which
is expressly stated in this Agreement to survive termination.
3. Amendments.
-----------
Any amendment, modification, or supplement to this Agreement must be
in writing and signed by an authorized representative of each Party.
The term "this Agreement" shall include future amendments,
modifications, and supplements.
4. Assignment.
-----------
Any assignment by either Party of any right, obligation, or duty, in
whole or in part, or of any interest, without the written consent of
the other Party shall be void, except that either Party may assign all
of its rights, and delegate its obligations, liabilities and duties
under this Agreement, either in whole or in part, to any entity that
is, or that was immediately preceding such assignment, a Subsidiary or
Affiliate of that Party without consent, but with written
notification. The effectiveness of an assignment shall be conditioned
upon the assignee's written assumption of the rights, obligations, and
duties of the assigning Party.
5. Authority.
----------
Each person whose signature appears on this Agreement represents and
warrants that he or she has authority to bind the Party on whose
behalf he or she has executed this Agreement. Each Party represents he
or she has had the opportunity to consult with legal counsel of his or
her choosing and MEBTEL has not relied on GTE counsel, pursuant to
this Agreement.
6. Responsibility for Payment.
---------------------------
GTE may charge MEBTEL and MEBTEL will pay GTE a deposit before GTE is
required to perform under this agreement if MEBTEL has not established
a good payment history with GTE. Such deposit will be calculated based
on GTE's estimated two-month charges to MEBTEL using MEBTEL's forecast
of resale lines and unbundled loops and ports. Interest will be paid
on the deposit in accordance with state requirements for end user
deposits.
7. CLEC Profile.
-------------
Before orders can be taken, the CLEC Profile must be completed and
returned; and, if required, an advanced deposit paid. MEBTEL will
provide GTE with its Operating Company Number (OCN), Company Code
(CC), and Customer Carrier Name Abbreviation (CCNA) as described in
the GTE Guide. MEBTEL agrees to warrant to GTE that it is a certified
provider of telecommunications service. MEBTEL will document its
Certificate of Operating Authority on the CLEC Profile and agrees to
update this CLEC Profile as required to reflect its current
certification.
III-2
8. Contact Exchange.
-----------------
The Parties agree to exchange and to update contact and referral
numbers for order inquiry, trouble reporting, billing inquiries, and
information required to comply with law enforcement and other security
agencies of the government.
9. Electronic Interface.
---------------------
The Parties shall work cooperatively in the implementation of
electronic gateway access to GTE operational support systems functions
in the long-term in accordance with established industry standards.
MEBTEL should refer to the GTE Guide for the current OSS capabilities.
9.1 MEBTEL may migrate to fully interactive system to system
interconnectivity. GTE, with input from MEBTEL and other
carriers, shall provide general interface specifications for
electronic access to this functionality. These specifications
will be provided to enable MEBTEL to design system interface
capabilities. Development will be in accordance with applicable
national standards committee guidelines. Such interfaces will be
available as expeditiously as possible.
9.2 All costs and expenses for any new or modified electronic
interfaces exclusively to meet MEBTEL requirements that GTE
determines are different from what is Currently Available will
be paid by MEBTEL, if GTE is in agreement.
9.3 MEBTEL shall be responsible for modifying and connecting any of
its pre-ordering and ordering systems with GTE provided
interfaces as described in the Guide.
10. Billing and Payment.
--------------------
Except as provided elsewhere in this Agreement and where applicable,
in conformance with Multiple Exchange Carrier Access Billing (MECAB)
guidelines and Multiple Exchange Carriers Ordering and Design
Guidelines for Access Services-Industry Support Interface (MECOD),
MEBTEL and GTE agree to exchange all information to accurately,
reliably, and properly order and xxxx for features, functions and
services rendered under this Agreement.
10.1 Back Billing.
-------------
Neither Party will xxxx the other Party for previously unbilled
charges that are for more than one-year prior to the current
billing date.
10.2 Dispute.
--------
If one Party disputes a billing statement issued by the other
Party, the billed Party shall notify Provider in writing
regarding the nature and the basis of the dispute within six (6)
months of the statement date or the dispute shall be waived. The
Parties shall diligently work toward resolution of all billing
issues.
10.3 Late Payment Charge.
--------------------
If any undisputed amount due on the billing statement is not
received by Provider on the payment due date, Provider shall
calculate and assess, and Customer agrees to pay, at Provider's
option, a charge on the past due balance at an interest rate
equal to the amount allowed by the applicable GTE/Contel state
access tariffs, the state retail tariff, or the GTOC/GSTC FCC
No. 1 tariff, in accordance with the service ordered, or the
maximum nonusurious rate of interest under applicable law. Late
payment charges shall be included on the next statement.
III-3
10.4 Due Date.
---------
Payment is due thirty (30) calendar days from the xxxx date.
10.5 Audits.
-------
Either Party may conduct an audit of the other Party's books and
records pertaining to the Services provided under this
Agreement, no more frequently than once per twelve (12) month
period, to evaluate the other Party's accuracy of billing, data
and invoicing in accordance with this Agreement. Any audit shall
be performed as follows: (i) following at least thirty (30)
Business Days' prior written notice to the audited Party; (ii)
subject to the reasonable scheduling requirements and
limitations of the audited Party; (iii) at the auditing Party's
sole cost and expense; (iv) of a reasonable scope and duration;
(v) in a manner so as not to interfere with the audited Party's
business operations; and (vi) in compliance with the audited
Party's security rules.
11. Binding Effect.
---------------
This Agreement shall be binding on and inure to the benefit of the
respective successors and permitted assigns of the Parties.
12. Capacity Planning and Forecasting.
----------------------------------
Within thirty (30) days from the effective date of this Agreement, the
Parties agree to have met and developed joint planning and forecasting
responsibilities which are applicable to Local Services, including
Features, UNEs, Interim Number Portability (INP), Interconnection
Services, Collocation, Poles, Conduits and Rights-of-Way (ROW). GTE
may delay processing MEBTEL service orders should the Parties not
perform obligations as specified in this Section 12. Such
responsibilities shall include but are not limited to the following:
12.1 The Parties will establish periodic reviews of network and
technology plans and will notify one another no later than six
(6) months in advance of changes that would impact either
Party's provision of services.
12.2 MEBTEL will furnish to GTE information that provides for state-
wide annual forecasts of order activity, in-service quantity
forecasts, and facility/demand forecasts.
12.3 The Parties will develop joint forecasting responsibilities for
traffic utilization over trunk groups and yearly forecasted
trunk quantities as set forth in Article V.
12.4 MEBTEL shall notify GTE promptly of changes greater than ten
percent (10%) to current forecasts (increase or decrease) that
generate a shift in the demand curve for the following
forecasting period.
13. Compliance with Laws and Regulations.
-------------------------------------
Each Party shall comply with all federal, state, and local statutes,
regulations, rules, ordinances, judicial decisions, and administrative
rulings applicable to its performance under this Agreement.
14. Confidential Information.
-------------------------
14.1 Identification.
---------------
Either Party may disclose to the other proprietary or
confidential customer, technical, or business information in
written, graphic, oral or other tangible or intangible forms
("Confidential Information"). In order for information to be
considered Confidential Information under this Agreement, it
must be marked "Confidential" or "Proprietary," or
III-4
bear a marking of similar import. Orally or visually disclosed
information shall be deemed Confidential Information only if
contemporaneously identified as such and reduced to writing and
delivered to the other Party with a statement or marking of
confidentiality within thirty (30) calendar days after oral or
visual disclosure.
Notwithstanding the foregoing, preorders and all orders for
services or UNEs placed by MEBTEL pursuant to this Agreement,
and information that would constitute customer proprietary
network information of MEBTEL end user customers pursuant to the
Act and the rules and regulations of the FCC, as well as
recorded usage information with respect to MEBTEL end users,
whether disclosed by MEBTEL to GTE or otherwise acquired by GTE
in the course of its performance under this Agreement, and where
GTE is the North American Numbering Plan (NANP) Number Plan
Administrator, MEBTEL information submitted to GTE in connection
with such responsibilities shall be deemed Confidential
Information of MEBTEL for all purposes under this Agreement
whether or not specifically marked or designated as confidential
or proprietary.
14.2 Handling.
---------
In order to protect such Confidential Information from improper
disclosure, each Party agrees:
(e) That all Confidential Information shall be and shall
remain the exclusive property of the source;
(f) To limit access to such Confidential Information to
authorized employees who have a need to know the
Confidential Information for performance of this
Agreement;
(g) To keep such Confidential Information confidential and
to use the same level of care to prevent disclosure or
unauthorized use of the received Confidential
Information as it exercises in protecting its own
Confidential Information of a similar nature;
(h) Not to copy, publish, or disclose such Confidential
Information to others or authorize anyone else to copy,
publish, or disclose such Confidential Information to
others without the prior written approval of the
source;
(i) To return promptly any copies of such Confidential
Information to the source at its request; and
(j) To use such Confidential Information only for purposes
of fulfilling work or services performed hereunder and
for other purposes only upon such terms as may be
agreed upon between the Parties in writing.
14.3 Exceptions.
-----------
These obligations shall not apply to any Confidential
Information that was legally in the recipient's possession prior
to receipt from the source, was received in good faith from a
third party not subject to a confidential obligation to the
source, now is or later becomes publicly known through no breach
of confidential obligation by the recipient, was developed by
the recipient without the developing persons having access to
any of the Confidential Information received in confidence from
the source, or that is required to be disclosed pursuant to
subpoena or other process issued by a court or administrative
agency having appropriate jurisdiction, provided, however, that
the recipient shall give prior notice to the
III-5
source and shall reasonably cooperate if the source deems it
necessary to seek protective arrangements.
14.4 Survival.
---------
The obligation of confidentiality and use with respect to
Confidential Information disclosed by one Party to the other
shall survive any termination of this Agreement for a period of
three (3) years from the date of the initial disclosure of the
Confidential Information.
15. Consent.
--------
Where consent, approval, or mutual agreement is required of a Party,
it shall not be conditional, unreasonably withheld, or delayed.
16. Cooperation on Fraud Minimization.
----------------------------------
MEBTEL assumes responsibility for all fraud associated with its end-
user customers and accounts. GTE shall bear no responsibility for, nor
is it required to investigate or make adjustments to MEBTEL's account
in cases of fraud. The Parties agree that they shall cooperate with
one another to resolve cases of fraud. The Parties' fraud minimization
procedures are to be cost effective and implemented so as not to
unduly burden or harm one Party as compared to the other.
17. Reimbursement of Expenses.
--------------------------
In performing under this Agreement GTE may be required to make
expenditures or otherwise incur costs that are not otherwise
reimbursed under this Agreement. In such event GTE is entitled to
reimbursement from MEBTEL for all such costs. For all such costs and
expenses GTE shall receive through NRCs the actual costs and expenses
incurred, including labor costs and expenses, overhead and fixed
charges, and may include a reasonable contribution to GTE's common
costs.
18. Dispute Resolution.
-------------------
18.1 Alternative to Litigation.
--------------------------
Except as provided under Section 252 of the Act with respect to
the approval of this Agreement by the Commission, the Parties
desire to resolve disputes arising out of or relating to this
Agreement without litigation. Accordingly, except for action
seeking a temporary restraining order or an injunction related
to the purposes of this Agreement, or suit to compel compliance
with this dispute resolution process, the Parties agree to use
the following alternative dispute resolution procedures as the
sole remedy with respect to any controversy or claim arising out
of or relating to this Agreement or its breach.
18.2 Negotiations.
-------------
At the written request of a Party, each Party will appoint a
knowledgeable, responsible representative to meet and negotiate
in good faith to resolve any dispute arising out of or relating
to this Agreement. The Parties intend that these negotiations be
conducted by non-lawyer, business representatives. The location,
format, frequency, duration, and conclusion of these discussions
shall be left to the discretion of the representatives. Upon
agreement, the representatives may utilize other alternative
dispute resolution procedures such as mediation to assist in the
negotiations. Discussions and correspondence among the
representatives for purposes of these negotiations shall be
treated as confidential information developed for purposes of
settlement, exempt from discovery, and shall not be admissible
in the arbitration described below or in any lawsuit without the
concurrence of all Parties. Documents identified in or provided
with such communications, which are not prepared for purposes of
the negotiations, are not so exempted and may, if otherwise
III-6
discoverable, be discovered or otherwise admissible, be admitted in
evidence, in the arbitration or lawsuit.
18.3 Arbitration.
------------
If the negotiations do not resolve the dispute within sixty (60)
Business Days of the initial written request, the dispute shall be
submitted to binding arbitration by a single arbitrator pursuant to
the Commercial Arbitration Rules of the American Arbitration
Association except that the Parties may select an arbitrator outside
American Arbitration Association rules upon mutual agreement. A Party
may demand such arbitration in accordance with the procedures set out
in those rules. Discovery shall be controlled by the arbitrator and
shall be permitted to the extent set out in this section. Each Party
may submit in writing to a Party, and that Party shall so respond to,
a maximum of any combination of thirty-five (35) (none of which may
have subparts) of the following: interrogatories, demands to produce
documents, or requests for admission. Each Party is also entitled to
take the oral deposition of one individual of another Party.
Additional discovery may be permitted upon mutual agreement of the
Parties. The arbitration hearing shall be commenced within sixty (60)
Business Days of the demand for arbitration. The arbitration shall be
held in a mutually agreeable city. The arbitrator shall control the
scheduling so as to process the matter expeditiously. The Parties may
submit written briefs. The arbitrator shall rule on the dispute by
issuing a written opinion within thirty (30) Business Days after the
close of hearings. The times specified in this section may be
extended upon mutual agreement of the Parties or by the arbitrator
upon a showing of good cause. Judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction.
18.4 Expedited Arbitration Procedures.
---------------------------------
If the issue to be resolved through the negotiations referenced in
Section 18.2 directly and materially affects service to either
Party's end-user customers, then the period of resolution of the
dispute through negotiations before the dispute is to be submitted to
binding arbitration shall be five (5) Business Days. Once such a
service affecting dispute is submitted to arbitration, the
arbitration shall be conducted pursuant to the expedited procedures
rules of the Commercial Arbitration Rules of the American Arbitration
Association (i.e., rules 53 through 57).
18.5 Costs.
------
Each Party shall bear its own costs of these procedures. A Party
seeking discovery shall reimburse the responding Party the costs of
production of documents (including search time and reproduction
costs). The Parties shall equally split the fees of the arbitration
and the arbitrator.
18.6 Continuous Service.
-------------------
The Parties shall continue providing services to each other during
the pendency of any dispute resolution procedure, and the Parties
shall continue to perform their obligations (including making
payments in accordance With Article IV, Section 4) in accordance with
this Agreement.
19. Entire Agreement.
-----------------
This Agreement constitutes the entire agreement of the Parties pertaining
to the subject matter of this Agreement and supersedes all prior
agreements, negotiations, proposals, and representations, whether written
or oral, and all contemporaneous oral agreements, negotiations, proposals,
and representations concerning such subject matter. No representations,
understandings, agreements,
III-7
or warranties, expressed or implied, have been made or relied upon in the
making of this Agreement other than those specifically set forth herein.
20. Expenses.
---------
Except as specifically set out in this Agreement, each Party shall be
solely responsible for its own expenses involved in all activities related
to the subject of this Agreement.
21. Force Maieure.
--------------
In the event performance of this Agreement, or any obligation hereunder, is
either directly or indirectly prevented, restricted, or interfered with by
reason of fire, flood, earthquake or likes acts of God, wars, revolution,
civil commotion, explosion, acts of public enemy, embargo, acts of the
government in its sovereign capacity, labor difficulties, including without
limitation, strikes, slowdowns, picketing, or boycotts, unavailability of
equipment from vendor, changes requested by Customer, or any other
circumstances beyond the reasonable control and without the fault or
negligence of the Party affected, the Party affected, upon giving prompt
notice to the other Party, shall be excused from such performance on a day-
to-day basis to the extent of such prevention, restriction, or interference
(and the other Party shall likewise be excused from performance of its
obligations on a day-to-day basis until the delay, restriction or
interference has ceased); provided however, that the Party so affected
shall use diligent efforts to avoid or remove such causes of nonperformance
and both Parties shall proceed whenever such causes are removed or cease.
22. Good Faith Performance.
-----------------------
In the performance of their obligations under this Agreement, the Parties
shall act in good faith. In situations in which notice, consent, approval
or similar action by a Party is permitted or required by any provision of
this Agreement, such action shall not be conditional, unreasonably withheld
or delayed.
23. Governing Law.
---------------
This Agreement shall be governed by and construed in accordance with the
Telecommunications Act of 1996, applicable federal and (to the extent
not inconsistent therewith) domestic laws of the state where the services
are provided or the facilities reside and shall be subject to the exclusive
jurisdiction of the courts therein.
24. Standard Practices.
-------------------
The Parties acknowledge that GTE shall be adopting some industry standard
practices and/or establishing its own standard practices to various
requirements hereunder applicable to the CLEC industry which may be added
in the Guide. MEBTEL agrees that GTE may implement such practices to
satisfy any GTE obligations under this Agreement.
25. Headings.
---------
The headings in this Agreement are inserted for convenience and
identification only and shall not be considered in the interpretation of
this Agreement.
26. Independent Contractor Relationship.
------------------------------------
The persons provided by each Party shall be solely that Party's employees
and shall be under the sole and exclusive direction and control of that
Party. They shall not be considered employees of the other Party for any
purpose. Each Party shall remain an independent contractor with respect to
the other and shall be responsible for compliance with all laws, rules and
regulations involving, but not limited to, employment of labor, hours of
labor, health and safety, working conditions and payment of wages. Each
Party shall also be responsible for payment of taxes, including federal,
III-8
state and municipal taxes, chargeable or assessed with respect to its
employees, such as Social Security, unemployment, workers' compensation,
disability insurance, and federal and state withholding. Each Party shall
indemnify the other for any loss, damage, liability, claim, demand, or
penalty that may be sustained by reason of its failure to comply with this
provision.
27. Law Enforcement Interface.
--------------------------
27.1 Except to the extent not available in connection with GTE's operation
of its own business, GTE shall provide seven day a week/twenty-four
hour a day assistance to law enforcement persons for emergency traps,
assistance involving emergency traces and emergency information
retrieval on customer invoked CLASS services.
27.2 GTE agrees to work jointly with MEBTEL in security matters to support
law enforcement agency requirements for taps, traces, court orders,
etc. Charges for providing such services for MEBTEL customers will be
billed to MEBTEL.
27.3 GTE will, in non emergency situations, inform the requesting law
enforcement agencies that the end-user to be wire tapped, traced,
etc. is a MEBTEL Customer and shall refer them to MEBTEL.
27.4 Subsequent to the execution and approval of this Agreement by the
Commission, the parties shall establish a separate contract or
authorization agreement specific to the Nuisance Call Bureau (NCB)
and Security Control Center (SCC) for CLEC procedures which will be
in compliance with applicable state and federal laws.
28. Liability and Indemnity.
------------------------
28.1 Indemnification.
----------------
Subject to the limitations set forth in Section 28.4 of this Article
111, each Party agrees to release, indemnify, defend, and hold
harmless the other Party from all losses, claims, demands, damages,
expenses, suits, or other actions, or any liability whatsoever,
including, but not limited to, costs and attorney's fees, whether
suffered, made, instituted, or asserted by any other party or person,
for invasion of privacy, personal injury to or death of any person or
persons, or for losses, damages, or destruction of property, whether
or not owned by others, proximately caused by the indemnifying
Party's negligence or willful misconduct, regardless of form of
action. The indemnified Party agrees to notify the other Party
promptly, in writing, of any written claims, lawsuits, or demands for
which it is claimed that the indemnifying Party is responsible under
this Section and to cooperate in every reasonable way to facilitate
defense or settlement of claims. The indemnifying Party shall have
complete control over defense of the case and over the terms of any
proposed settlement or compromise thereof. The indemnifying Party
shall not be liable under this Section for settlement by the
indemnified Party or any claim, lawsuit, or demand, if the
indemnifying Party has not approved the settlement in advance, unless
the indemnifying Party has had the defense of the claim, lawsuit, or
demand tendered to it in writing and has failed to assume such
defense. In the event of such failure to assume defense, the
indemnifying Party shall be liable for any reasonable settlement made
by the indemnified Party without approval of the indemnifying Party.
28.2 End-User and Content-Related Claims.
------------------------------------
The Indemnifying Party agrees to release, indemnify, defend, and hold
harmless the other Party, its affiliates, and any third-party
provider or operator of facilities involved in the provision of
services, UNEs or Facilities under this Agreement (collectively, the
"Indemnified Party") from all losses, claims, demands, damages,
expenses, suits, or other actions, or any liability whatsoever,
including, but not limited to, costs and attorney's fees,
111-9
suffered, made, instituted, or asserted by the Indemnifying Party's
end-users against an Indemnified Party arising from Services, UNEs or
Facilities. The Indemnifying Party further agrees to release,
indemnify, defend, and hold harmless the Indemnified Party from all
losses, claims, demands, damages, expenses, suits, or other actions,
or any liability whatsoever, including, but not limited to, costs and
attorney's fees, suffered, made, instituted, or asserted by any third
party against an Indemnified Party arising from or in any way related
to actual or alleged defamation, libel, slander, interference with or
misappropriation of proprietary or creative right, or any other
injury to any person or property arising out of content transmitted
by the Indemnifying Party and the Indemnified Party or such Party's
end-users, or any other act or omission of the Indemnified Party or
such Party's end-users.
28.3 DISCLAIMER.
-----------
EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS AGREEMENT,
PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES TO CUSTOMER
CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES, UNEs OR FACILITIES
PROVIDED UNDER THIS AGREEMENT. PROVIDER DISCLAIMS, WITHOUT
LIMITATION, ANY WARRANTY OR GUARANTEE OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, ARISING FROM COURSE OF PERFORMANCE, COURSE
OF DEALING, OR FROM USAGES OF TRADE.
28.4 Limitation of Liability.
------------------------
Each Party's liability, whether in contract, tort or otherwise, shall
be limited to direct damages, which shall not exceed the monthly
charges, plus any related costs/expenses GTE may recover, including
those under Section 17 above, and plus any costs/expenses for which
the Parties specify reimbursement in this Agreement for the services
or facilities for the month during which the claim of liability
arose. Under no circumstance shall either Party be responsible or
liable for indirect, incidental, or consequential damages, including,
but not limited to, economic loss or lost business or profits,
damages arising from the use or performance of equipment or software,
or the loss of use of software or equipment, or any accessories
attached thereto, delay, error, or loss of data. Should either Party
provide advice, make recommendations, or supply other analysis
related to the services or facilities described in this Agreement,
this limitation of liability shall apply to provision of such advice,
recommendations, and analysis.
28.5 Intellectual Property.
----------------------
Neither Party shall have any obligation to defend, indemnify or hold
harmless, or acquire any license or right for the benefit of, or owe
any other obligation or have any liability to, the other based on or
arising from any claim, demand, or proceeding by any third party
alleging or asserting that the use of any circuit, apparatus, or
system, or the use of any software, or the performance of any service
or method, or the provision or use of any facilities by either Party
under this Agreement constitutes direct or contributory infringement,
or misuse or misappropriation of any patent, copyright, trademark,
trade secret, or any other proprietary or intellectual property right
of any third party.
29. Multiple Counterparts.
----------------------
This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, but all of which shall together constitute but
one and the same document.
111-10
30. No Third Party Beneficiaries.
-----------------------------
Except as may be specifically set forth in this Agreement, this Agreement
does not provide and shall not be construed to provide third parties with
any remedy, claim, liability, reimbursement, cause of action, or other
right or privilege.
31. Notices.
--------
Any notice to a Party required or permitted under this Agreement shall be
in writing and shall be deemed to have been received on the date of service
if served personally, on the date receipt is acknowledged in writing by the
recipient if delivered by regular U.S. mail, or on the date stated on the
receipt if delivered by certified or registered mail or by a courier
service that obtains a written receipt. Upon prior immediate oral agreement
of the parties' designated recipients identified below, notice may also be
provided by facsimile, Internet or electronic messaging system, which shall
be effective if sent before 5:00 p.m. on that day, or if sent after 5:00
p.m. it will be effective on the next Business Day following the date sent.
Any notice shall be delivered using one of the alternatives mentioned in
this section and shall be directed to the applicable address or Internet ID
indicated below or such address as the Party to be notified has designated
by giving notice in compliance with this section:
If to GTE: GTE South Incorporated
Attention: Assistant Vice President/Associate General Counsel
Service Corporation
000 Xxxxxx Xxxxx - HQEWMNOTICES
Xxxxxx, XX 00000
Telephone number: 972/7l8-6361
Facsimile number: 972/718-3403
Internet Address: xxxxxxxxx@xxxxxx.xxx.xxx
and
GTE South Incorporated
Attn: Director-Wholesale Contract Compliance
Network Services
000 Xxxxxx Xxxxx - XXXXXXXXXXXX
Xxxxxx, XX 00000
Telephone Number: 972/000-0000
Facsimile Number: 972/719-1519
Internet Address: xxxxxxxxx@xxxxxx.xxx.xxx
If to MEBTEL MebTel Integration Communication Solutions, Inc.
Attention: Xxxxx X. Xxxxxx, CEO ICS/LDS
MebTel Integration Communication Solutions
000 Xxxxx Xxxxx Xxxxxx
Xxxxxx, XX 00000
Telephone number: 919/000-0000
Internet Address: xxxxxxx@xxxxxx.xxx
------------------
32. Protection.
-----------
32.1 Impairment of Service.
----------------------
The characteristics and methods of operation of any circuits,
facilities or equipment of either Party connected with the services,
facilities or equipment of the other Party pursuant to this Agreement
shall not interfere with or impair service over any facilities of the
other Party, its affiliated companies, or its connecting and
concurring carriers involved in its
III-11
services, cause damage to its plant, violate any applicable law or
regulation regarding the invasion of privacy of any communications
carried over the Party's facilities or create hazards to the
employees of either Party or to the public (each hereinafter referred
to as an "Impairment of Service").
32.2 Resolution.
-----------
If either Party causes an Impairment in Service, the Party whose
network or service is being impaired (the "Impaired Party") shall
promptly notify the Party causing the Impairment of Service (the
"Impairing Party") of the nature and location of the problem and
that, unless promptly rectified, a temporary discontinuance of the
use of any circuit, facility or equipment may be required. The
Impairing Party and the Impaired Party agree to work together to
attempt to promptly resolve the Impairment of Service. If the
Impairing Party is unable to promptly remedy the Impairment of
Service, then the Impaired Party may at its option temporarily
discontinue the use of the affected circuit, facility or equipment.
33. Publicity.
----------
Any news release, public announcement, advertising, or any form of
publicity pertaining to this Agreement, provision of Services, UNEs or
Facilities pursuant to it, or association of the Parties with respect to
provision of the services described in this Agreement shall be subject to
prior written approval of both GTE and MEBTEL.
34. Regulatory Agency Control.
--------------------------
This Agreement shall at all times be subject to changes, modifications,
orders, and rulings by the Federal Communications Commission and/or the
applicable state utility regulatory commission to the extent the substance
of this Agreement is or becomes subject to the jurisdiction of such agency.
35. Changes in Legal Requirements.
------------------------------
GTE and MEBTEL further agree that the terms and conditions of this
Agreement were composed in order to effectuate the legal requirements in
effect at the time the Agreement was produced. Any modifications to those
requirements will be deemed to automatically supersede any terms and
conditions of this Agreement.
36. Effective Date.
---------------
This Agreement will be effective only upon execution by both Parties and
approval by the Commission in accordance with Section 252 of the Act. The
"effective date" of this Agreement for all purposes will be as established
by the Commission approval order. The Parties agree orders for services
will not be submitted or accepted within the first ten (10) business days
after the agreement is effective.
37. Regulatory Matters.
-------------------
Each Party shall be responsible for obtaining and keeping in effect all
FCC, state regulatory commission, franchise authority and other regulatory
approvals that may be required in connection with the performance of its
obligations under this Agreement.
If either Party does not provide necessary filing materials within 90 days
of execution of this Agreement, any contract signatures will no longer be
effective. If both Parties determine to proceed with filing, negotiations
between the Parties will resume.
III-12
38. Rule of Construction.
---------------------
No rule of construction requiring interpretation against the drafting Party
hereof shall apply in the interpretation of this Agreement.
39. Section References.
-------------------
Except as otherwise specified, references within an Article of this
Agreement to a Section refer to Sections within that same Article.
40. Service Standards To Measure Quality of Service.
------------------------------------------------
40.1 Notwithstanding anything in this Agreement to the contrary, the
Parties will provide a level of service to each other with respect to
Interconnection, Unbundled Network Elements, and Resale ("services")
under this Agreement in compliance with the non-discrimination
requirements of the Act. GTE will provide MEBTEL with service
standards to measure quality of service that GTE currently offers to
CLECs at the time of execution of this Agreement. Service standards
to measure quality of service are subject to continued evolution
within the industry and when developed and implemented in GTE
systems, GTE will automatically modify existing service standards to
measure quality of service.
40.2 The Parties will notify each other of network events that can result
or have resulted in service interruption, blocked calls, and/or
changes in network performance in accordance with Article V, Section
10.
41. Severability.
-------------
If any provision of this Agreement is held by a court or regulatory agency
of competent jurisdiction to be unenforceable, the rest of the Agreement
shall remain in full force and effect and shall not be affected unless
removal of that provision results, in the opinion of either Party, in a
material change to this Agreement. If a material change as described in
this paragraph occurs as a result of action by a court or regulatory
agency, the Parties shall negotiate in good faith for replacement language.
If replacement language cannot be agreed upon within a reasonable period,
either Party may terminate this Agreement without penalty or liability for
such termination upon written notice to the other Party.
42. Subcontractors.
---------------
Provider may enter into subcontracts with third parties or affiliates for
the performance of any of Provider's duties or obligations under this
Agreement.
43. Subsequent Law.
---------------
The terms and conditions of this Agreement shall be subject to any and all
applicable laws, rules, or regulations that subsequently may be prescribed
by any federal, state or local governmental authority. To the extent
required by any such subsequently prescribed law, rule, or regulation, the
Parties agree to modify, in writing, the affected term(s) and condition(s)
of this Agreement to bring them into compliance with such law, rule, or
regulation.
44. Taxes.
------
Any state or local excise, sales, or use taxes (excluding any taxes levied
on income) resulting from the performance of this Agreement shall be borne
by the Party upon which the obligation for payment is imposed under
applicable law, even if the obligation to collect and remit such taxes is
placed upon the other Party. The collecting Party shall charge and collect
from the obligated Party, and the obligated Party agrees to pay to the
collecting Party, all applicable taxes, except to the extent that the
obligated Party notifies the collecting Party and provides to the
collecting Party appropriate documentation as GTE requires that qualifies
the obligated Party for a full or partial
III-13
exemption. Any such taxes shall be shown as separate items on applicable
billing documents between the Parties. The obligated Party may contest the
same in good faith, at its own expense, and shall be entitled to the
benefit of any refund or recovery, provided that such Party shall not
permit any lien to exist on any asset of the other Party by reason of the
contest. The collecting Party shall cooperate in any such contest by the
other Party. The other Party will indemnify the collecting Party from any
sales or use taxes that may be subsequently levied on payments by the other
Party to the collecting Party.
44.1 Tax.
----
A charge which is statutorily imposed by the state or local
jurisdiction and is either (a) imposed on the seller with the seller
having the right or responsibility to pass the charge(s) on to the
purchaser and the seller is responsible for remitting the charge(s)
to the state or local jurisdiction or (b) imposed on the purchaser
with the seller having an obligation to collect the charge(s) from
the purchaser and remit the charge(s) to the state or local
jurisdiction.
Taxes shall include but not be limited to: federal excise tax,
state/local sales and use tax, state/local utility user tax,
state/local telecommunication excise tax, state/local gross receipts
tax, and local school taxes. Taxes shall not include income, income-
like, gross receipts on the revenue of a Provider, or property taxes.
Taxes shall not include payroll withholding taxes unless specifically
required by statute or ordinance.
44.2 Fees/Regulatory Surcharges.
---------------------------
A charge imposed by a regulatory authority, other agency, or
resulting from a contractual obligation, in which the seller is
responsible or required to collect the fee/surcharge from the
purchaser and the seller is responsible for remitting the charge to
the regulatory authority, other agency, or contracting party.
Fees/Regulatory Surcharges shall include but not be limited to X-
000/000, E311/311, franchise fees, and Commission surcharges.
45. Trademarks and Trade Names.
---------------------------
Except as specifically set out in this Agreement, nothing in this Agreement
shall grant, suggest, or imply any authority for one Party to use the name,
trademarks, service marks, or trade names of the other for any purpose
whatsoever.
46. Waiver.
-------
The failure of either Party to insist upon the performance of any provision
of this Agreement, or to exercise any right or privilege granted to it
under this Agreement, shall not be construed as a waiver of such provision
or any provisions of this Agreement, and the same shall continue in full
force and effect.
47. Environmental Responsibility.
-----------------------------
47.1 MEBTEL is responsible for compliance with all laws regarding the
handling, use, transport, storage, and disposal of, and for all
hazards created by and damages or injuries caused by, any materials
brought to or used at the Facility by MEBTEL. In accordance with
Section 47.10, MEBTEL will indemnify GTE for all claims, fees,
penalties, damages, and causes of action with respect to these
materials. No substantial new safety or environmental hazards shall
be created or new hazardous substances shall be used at a GTE
Facility. MEBTEL must demonstrate adequate training and emergency
response capabilities related to materials brought to, used, or
existing at the GTE Facility.
III-14
47.2 MEBTEL, its invitees, agents, employees, and contractors agree to
comply with such reasonable environmental or safety
practices/procedures, whether or not required by law, as requested by
GTE when working at a GTE Facility. The Parties acknowledge and agree
that nothing in this Agreement or in any of GTE's
practices/procedures constitutes a warranty or representation by GTE
that MEBTEL's compliance with GTE's practices/procedures, with this
Agreement, or with GTE's directions or recommendations will achieve
compliance with any applicable law. MEBTEL is responsible for
ensuring that all activities conducted by MEBTEL at the Facility are
in accordance with all applicable federal, state, and local laws,
regulations, permits, and agency orders, approvals, and
authorizations relating to safety, health, and the environment.
47.3 GTE and MEBTEL shall provide to each other notice of known and
recognized physical hazards or hazardous substances brought to, used,
or existing at the GTE Facility. Each Party is required to promptly
provide specific notice of conditions or circumstances potentially
posing a threat of imminent danger, including, by way of example
only, a defective utility pole or significant petroleum contamination
in a manhole.
47.4 MEBTEL shall obtain and use its own environmental permits, approvals,
or identification numbers to the extent that such permits, approvals,
or identification numbers are required under applicable laws. If the
relevant regulatory authority refuses to issue a separate permit,
approval, or identification number to MEBTEL after a complete and
proper request by MEBTEL for same, then GTE's permit, approval, or
identification number may be used as authorized by law and upon prior
approval by GTE. In that case, MEBTEL must comply with all of GTE's
environmental, health, and safety practices/procedures relating to
the activity in question, including, but not limited to, use of
environmental "best management practices (BMP)" and selection
criteria for vendors and disposal sites. The Parties acknowledge and
agree that nothing in this Agreement, use of GTE's permits,
approvals, or identification numbers, or compliance with GTE's
practices/procedures constitutes a representation or warranty that
MEBTEL's activities will be in compliance with applicable laws, and
such compliance or use of GTE's permits, approvals, or identification
numbers creates no right of action against GTE.
47.5 If Third Party Contamination is discovered at a GTE Facility, the
Party uncovering the contamination must timely notify the proper
safety or environmental authorities, to the extent that such
notification is required by applicable law. If MEBTEL discovers Third
Party Contamination, MEBTEL will immediately notify GTE and will
consult with GTE prior to making any required notification, unless
the time required for prior consultation would preclude MEBTEL from
complying with an applicable reporting requirement.
47.6 GTE and MEBTEL shall coordinate plans or information required to be
submitted to government agencies, such as, by way of example only,
emergency response plans and chemical inventory reporting. If fees
are associated with such filings, GTE and MEBTEL must develop a cost
sharing procedure.
47.7 When conducting operations in any GTE manhole or vault area, MEBTEL
shall follow appropriate practices/procedures in evaluating and
managing any water, sediment, or other material present in the
manhole or vault area so as to ensure compliance with all applicable
laws, regulations, permits, and requirements applicable in such
circumstances and to ensure safe practices. MEBTEL shall be
responsible for obtaining any permit, regulatory approval, or
identification number necessary for any of its operations involving
the evaluation, collection, discharge, storage, disposal, or other
management of water, sediment, or other material present in a GTE
manhole or vault area. GTE shall not be responsible for any costs
incurred by MEBTEL in meeting its obligations under this Section.
47.8 MEBTEL shall provide reasonable and adequate compensation to GTE for
any additional or increased costs associated with compliance with any
federal, state, or local law, regulation, permit, or agency
requirement related to safety, health, or the environment
III-15
where such additional or increased cost is incurred as a result of
providing MEBTEL with interconnection or collocation, including, but
not limited to, costs associated with obtaining appropriate permits
or agency authorizations or approvals, remediation or response to
any release or threatened release of any regulated substance,
investigation or testing related, and training or notification
requirements.
47.9 Activities impacting safety or the environment of a Right of Way
(ROW) must be harmonized with the specific agreement and the
relationship between GTE and the land owner. In this regard, MEBTEL
must comply with any limitations associated with a ROW, including,
but not limited to, limitations on equipment access due to
environmental conditions (e.g., wetland areas having equipment
restrictions).
47.10 Notwithstanding Section 27, with respect to environmental
responsibility under this Section 47, GTE and MEBTEL shall each
indemnify, defend, and hold harmless the other Party from and
against any claims (including, without limitation, third-party
claims for personal injury or real or personal property damage),
judgments, damages (including direct and indirect damage and
punitive damages), penalties, fines, forfeitures, cost, liabilities,
interest and losses arising from or in connection with (a) the
indemnifying Party's negligent or willful misconduct, regardless of
form; (b) the violation or alleged violation of any federal, state,
or local law, regulation, permit, or agency requirement relating to
safety, health, or the environment; or (c) the presence or alleged
presence of contamination arising out of the indemnifying Party's
acts or omissions concerning its operations at the GTE Facility.
48. TBD Prices.
-----------
Numerous provisions in this Agreement and its Attachments refer to pricing
principles. If a provision references prices in an Attachment and there are
no corresponding prices in such Attachment, such price shall be considered
"To Be Determined" (TBD). With respect to all TBD prices, prior to MEBTEL
ordering any such TBD item, the Parties shall meet and confer to establish
a price. If the Parties are unable to reach agreement on a price for such
item, an interim price shall be set for such item that is equal to the
price for the nearest analogous item for which a price has been established
(for example, if there is not an established price for a non recurring
charge (NRC) for a specific UNE, the Parties would use the NRC for the most
analogous retail service for which there is an established price). Any
interim prices so set shall be subject to modification by any subsequent
decision of the Commission. If an interim price is different from the rate
subsequently established by the Commission, any underpayment shall be paid
by MEBTEL to GTE, and any overpayment shall be refunded by GTE to MEBTEL,
within 45 Business Days after the establishment of the price by the
Commission.
49. Amendment of Certain Rates, Terms and Conditions. The rates, terms and
-------------------------------------------------
conditions in this Agreement that are specified in Appendix 49A (the "AT&T"
Terms) were taken from the GTE/AT&T Interconnection, Resale and Unbundling
Agreement (the AT&T Agreement) approved by the Commission in Case No. P140
Sub 51. The rates, terms and conditions not included in this Agreement but
referenced in Appendix 00X (xxx "XXX Xxxxx") were excluded from the AT&T
Agreement by the Commission in Case No. P140 Sub 51. GTE and MEBTEL agree
that if the AT&T Terms are deemed to be unlawful, or are stayed, enjoined
or otherwise modified, in whole or in part, by a court or commission of
competent jurisdiction, then this Agreement shall be deemed to have been
amended accordingly, by modification of the AT&T Terms or, as appropriate,
the substitution "Terms" for all stayed and enjoined AT&T Terms, and such
amendments shall be effective retroactive to the Effective Date of this
Agreement.
111-16
GTE and MEBTEL further agree that the terms and conditions of this
Agreement reflect certain requirements of the FCC's First Report and Order
in CC Docket No. 96-98. The terms and conditions of this Agreement shall be
subject to any and all actions by any court or other governmental authority
that invalidate, stay, vacate or otherwise modify the FCC's First Report
and Order, in whole or in part ("actions"). To the extent warranted by any
such action, the parties agree that this Agreement shall be deemed to have
been modified accordingly as in the first paragraph of this Section 49. The
parties agree to immediately apply any affected terms and conditions,
including any in other sections and articles of this Agreement, consistent
with such action, and within a reasonable time incorporate such modified
terms and conditions in writing into the Agreement. If the AT&T Terms are
affected by such action and GTE determines they cannot be consistently
applied therewith, the GTE Terms shall apply. MEBTEL acknowledges that GTE
may seek to enforce such action before a commission or court of competent
jurisdiction. GTE does not waive any position regarding the illegality or
inappropriateness of the FCC's First Report and Order.
The rates, terms and conditions (including rates which may be applicable
under true-up) specified in both the GTE Terms and the AT&T Terms are
further subject to amendment, retroactive to the Effective Date of the
Agreement, to provide for charges or rate adjustments resulting from future
Commission or other proceedings, including but not limited to any generic
proceeding to determine GTE's unrecovered costs (e.g., historic costs,
contribution, undepreciated reserve deficiency, or similar unrecovered GTE
costs (including GTE's end user surcharge)), the establishment of a
competitively neutral universal service system, or any appeal or other
litigation.
If the Commission (or any other commission or federal or state court) in
reviewing this Agreement pursuant to applicable state and federal laws,
including Section 252(e) of the Telecommunications Act of 1996, deletes or
modifies in any way this Section 49, MEBTEL agrees that this entire
Agreement is void and will not become effective, and MEBTEL agrees to
withdraw this Agreement from consideration by the Commission (or any other
commission or federal or state court).
111-17
ARTICLE IV
GENERAL RULES GOVERNING RESOLD SERVICES
AND UNBUNDLED ELEMENTS
1 General.
--------
General regulations, terms and conditions governing rate applications,
technical parameters, service availability, definitions and feature
interactions, as described in the appropriate GTE intrastate local, toll
and access tariffs, apply to retail services made available by GTE to
MEBTEL for resale and UNEs provided by GTE to MEBTEL, when appropriate,
unless otherwise specified in this Agreement. As applied to services or
UNEs offered under this Agreement, the term "Customer" contained in the GTE
Retail Tariff shall be deemed to mean "MEBTEL" as defined in this
Agreement.
2. Liability of GTE.
-----------------
2.1 Inapplicability of Tariff Liability.
------------------------------------
GTE's general liability, as described in the GTE Retail Tariff, does
not extend to MEBTEL's customers or any other third party. Liability
of GTE to MEBTEL resulting from any and all causes arising out of
services, facilities, UNEs or any other items relating to this
Agreement shall be governed by the liability provisions contained in
this Agreement and no other liability whatsoever shall attach to GTE.
GTE shall be liable for the individual services, facilities or
elements that it separately provides to MEBTEL and shall not be liable
for the integration of components combined by MEBTEL.
2.2 MEBTEL Tariffs or Contracts.
----------------------------
MEBTEL shall, in its tariffs or other contracts for services provided
to its end-users using services, facilities or UNEs obtained from GTE,
provide that in no case shall GTE be liable to MEBTEL's end-users or
any third parties for any indirect, special or consequential damages,
including, but not limited to, economic loss or lost business or
profits, whether foreseeable or not, and regardless of notification by
MEBTEL of the possibility of such damages and MEBTEL shall indemnify
and hold GTE harmless from any and all claims, demands, causes of
action and liabilities based on any reason whatsoever from its
customers as provided in this Agreement. Nothing in this Agreement
shall be deemed to create a third-party beneficiary relationship with
MEBTEL's end-users.
2.3 No Liability for Errors.
------------------------
GTE is not liable for mistakes that appear in GTE's listings, 911 and
other information databases, or for incorrect referrals of end-users
to MEBTEL for any ongoing MEBTEL service, sales or repair inquiries,
and with respect to such mistakes or incorrect referrals, MEBTEL shall
indemnify and hold GTE harmless from any and all claims, demands,
causes of action and liabilities whatsoever, including costs, expenses
and reasonable attorney's fees incurred on account thereof, by third
parties, including MEBTEL's end-users or employees. For purposes of
this Section 2.3, mistakes and incorrect referrals shall not include
matters arising out of the willful misconduct of GTE or its employees
or agents.
3. Unauthorized Changes.
---------------------
3.1 Procedures.
-----------
If MEBTEL submits an order for resold services or unbundled elements
under this Agreement in order to provide service to an end-user that
at the time the order is submitted
IV-1
is obtaining its local services from GTE or another LEC using GTE
resold services or unbundled elements, and the end-user notifies GTE
that the end-user did not authorize MEBTEL to provide local exchange
services to the end-user, MEBTEL must provide GTE with written
documentation of authorization from that end-user within thirty (30)
Business Days of notification by GTE. If MEBTEL cannot provide written
documentation of authorization within such time frame, MEBTEL must
within three (3) Business Days thereafter:
(a) notify GTE to change the end-user back to the LEC providing
service to the end-user before the change to MEBTEL was made; and
(b) provide any end-user information and billing records MEBTEL has
obtained relating to the end-user to the LEC previously serving
the end-user; and
(c) notify the end-user and GTE that the change back to the previous
LEC has been made.
Furthermore, GTE will xxxx MEBTEL fifty dollars ($50.00) per affected
line to compensate GTE for switching the end-user back to the original
LEC.
4. Impact of Payment of Charges on Service.
----------------------------------------
MEBTEL is solely responsible for the payment of all charges for all
services, facilities and elements furnished under this Agreement,
including, but not limited to, calls originated or accepted at its or its
end-users' service locations. If MEBTEL fails to pay when due any and all
charges billed to MEBTEL under this Agreement, including any late payment
charges (collectively, "Unpaid Charges"), and any or all such charges
remain unpaid more than forty-five (45) calendar days after the xxxx date
of such Unpaid Charges excepting previously disputed charges for which
MEBTEL may withhold payment, GTE shall notify MEBTEL in writing that it
must pay all Unpaid Charges to GTE within seven (7) Business Days. If
MEBTEL disputes the billed charges, it shall, within said seven (7) day
period, inform GTE in writing of which portion of the Unpaid Charges it
disputes, including the specific details and reasons for the dispute,
unless such reasons have been previously provided, and shall immediately
pay to GTE all undisputed charges. If MEBTEL and GTE are unable, within
thirty (30) Business Days thereafter, to resolve issues related to the
disputed charges, then either MEBTEL or GTE may file a request for
arbitration under Article III of this Agreement to resolve those issues.
Upon resolution of any dispute hereunder, if MEBTEL owes payment it shall
make such payment to GTE with any late payment charge under Article III,
Section 10.3, from the original payment due date. If MEBTEL owes no
payment, but has previously paid GTE such disputed payment, then GTE shall
credit such payment including any late payment charges. If MEBTEL fails to
pay any undisputed Unpaid Charges, MEBTEL shall, at its sole expense,
within five (5) Business Days notify its end-users that their service may
be disconnected for MEBTEL's failure to pay Unpaid Charges, and that its
end-users must select a new provider of local exchange services. GTE may
discontinue service to MEBTEL upon failure to pay undisputed charges as
provided in this Section 4, and shall have no liability to MEBTEL or
MEBTEL's end-users in the event of such disconnection. If MEBTEL fails to
provide such notification or any of MEBTEL's end-users fail to select a new
provider of services within the applicable time period, GTE may provide
local exchange services to MEBTEL's end-users under GTE's applicable end-
user tariff at the then current charges for the services being provided. In
this circumstance, otherwise applicable service establishment charges will
not apply to MEBTEL's end-user, but will be assessed to MEBTEL.
5. Unlawful Use of Service.
------------------------
Services, facilities or unbundled elements provided by GTE pursuant to this
Agreement shall not be used by MEBTEL or its end-users for any purpose in
violation of law. MEBTEL, and not GTE, shall
IV-2
be responsible to ensure that MEBTEL and its end-users use of services,
facilities or unbundled elements provided hereunder comply at all times
with all applicable laws. GTE may refuse to furnish service to MEBTEL or
disconnect particular services, facilities or unbundled elements provided
under this Agreement to MEBTEL or, as appropriate, MEBTEL's end-user when
(i) an order is issued by a court of competent jurisdiction finding that
probable cause exists to believe that the use made or to be made of the
service, facilities or unbundled elements is prohibited by law or (ii) GTE
is notified in writing by a law enforcement agency acting within its
jurisdiction that any facility furnished by GTE is being used or will be
used for the purpose of transmitting or receiving gambling information in
interstate or foreign commerce in violation of law. Termination of service
shall take place after reasonable notice is provided to MEBTEL, or as
ordered by the court. If facilities have been physically disconnected by
law enforcement officials at the premises where located, and if there is
not presented to GTE the written finding of a court, then upon request of
MEBTEL and agreement to pay restoral of service charges and other
applicable service charges, GTE shall promptly restore such service.
6. Timing of Messages.
-------------------
With respect to GTE resold measured rate local service(s), chargeable time
begins when a connection is established between the calling station and the
called station. Chargeable time ends when the calling station "hangs up,"
thereby releasing the network connection. If the called station "hangs up"
but the calling station does not, chargeable time ends when the network
connection is released by automatic timing equipment in the network. Timing
of messages applicable to GTE's Port and Local Switching element (usage
sensitive services) will be recorded based on originating and terminating
access.
7. Procedures For Preordering. Ordering, Provisioning, Etc.
--------------------------------------------------------
Certain procedures for preordering, ordering, provisioning, maintenance and
billing and electronic interfaces for many of these functions are governed
by the GTE Guide. In accordance with Article III, Section 7, GTE will not
process resale or unbundled network element orders until the MEBTEL Profile
has been completed and returned; and, if required, an advanced deposit
paid.
8. Letter of Authorization
-----------------------
8.1 GTE will not release the Customer Service Record (CSR) containing
Customer Proprietary Network Information (CPNI) to MEBTEL on GTE
end-user customer accounts unless MEBTEL first provides to GTE a
written Letter of Authorization (LOA). Such LOA may be a blanket
LOA or other form agreed upon between GTE and MEBTEL authorizing
the release of such information to MEBTEL or if state or federal
law provides otherwise, in accordance with such law.
8.2 An (LOA) will be required before GTE will process an order for
Services provided in cases in which the subscriber currently
receives Exchange Service from GTE or from a local service provider
other than MEBTEL. Such LOA may be a blanket LOA or such other form
as agreed upon between GTE and MEBTEL.
9. Customer Contacts.
------------------
Except as otherwise provided in this Agreement or as agreed to in a
separate writing by MEBTEL, MEBTEL shall provide the exclusive interface
with MEBTEL's end-user customers in connection with the marketing or
offering of MEBTEL services. Except as otherwise provided in this
Agreement, in those instances in which GTE personnel are required pursuant
to this Agreement to interface directly with MEBTEL's end-users, such
personnel shall not identify themselves as representing GTE. All forms,
business cards or other business materials furnished by GTE to MEBTEL end-
users shall be generic in nature. In no event shall GTE personnel acting on
behalf of
IV-3
MEBTEL pursuant to this Agreement provide information to MEBTEL end-users
about GTE products or services unless otherwise authorized by MEBTEL.
IV-4
ARTICLE V
INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC
1 Services Covered by This Article.
---------------------------------
1.1 Types of Services.
------------------
This Article governs the provision of internetwork facilities (i.e.,
physical interconnection services and facilities), Meet-Point Billing
(MPB) by GTE to MEBTEL or by MEBTEL to GTE and the transport and
termination and billing of Local, IntraLATA Toll, optional EAS traffic
and jointly provided Interexchange Carrier (IXC) access between GTE
and MEBTEL. The services and facilities described in this Article
shall be referred to in this Article V as the "Services."
1.1.1 MEBTEL initiates orders for trunk-side interconnection
services by sending an ASRs to GTE. MEBTEL should submit ASRs
to GTE through on-line applications or electronic files. The
ordering process is described in the GTE Guide. The ASR will
be reviewed by GTE for validation and correction of errors.
Errors will be referred back to MEBTEL. MEBTEL then will
correct any errors that GTE has identified and resubmit the
request to GTE electronically through a supplemental ASR.
2. Billing and Rates.
------------------
2.1 Service Ordering, Service Provisioning, and Billing.
----------------------------------------------------
MEBTEL will order services for interim number portability, directly
from GTE through an electronic interface or fax. The following
describes generally the processes GTE will use for ordering,
provisioning and billing for interconnection facilities and services.
Except as specifically provided otherwise in this Agreement, service
ordering, provisioning, billing and maintenance shall be governed by
the GTE Guide.
2.2 Rates and Charges.
------------------
Customer agrees to pay to Provider the rates and charges for the
Services set forth in the applicable appendices to this Agreement.
GTE's rates and charges are set forth in Appendix A attached to this
Agreement and made a part hereof. MEBTEL's separate rates and charges
are also set forth in Appendix A attached hereto and made a part
hereof.
2.3 Billing.
--------
Provider shall render to Customer a xxxx for interconnection services
on a current basis. Charges for physical facilities and other non-
usage sensitive charges shall be billed in advance, except for charges
and credits associated with the initial or final bills. Usage
sensitive charges, such as charges for termination of Local Traffic,
shall be billed in arrears. MEBTEL is required to order trunks
pursuant to Section 4.3.3 of this Article.
2.4 Billing Specifications.
------------------------
The Parties agree that billing requirements and outputs will be
consistent with the Telcordia Technologies Billing Output
Specifications (BOS).
2.4.1 Usage Measurement: Usage measurement for calls shall begin
when Answer Supervision or equivalent Signaling System 7 (SS7)
message is received from the terminating office and shall end
at the time of call disconnect by the calling or called
subscriber, whichever occurs first.
V-1
2.4.2 Minutes of use (MOU), or fractions thereof, shall not be
rounded upward on a per-call basis, but will be
accumulated over the billing period. At the end of the
billing period, any remaining fraction shall be rounded
up to the nearest whole minute to arrive at total
billable minutes for each interconnection. MOU shall be
collected and measured in minutes, seconds, and tenths of
seconds.
3. Transport and Termination of Traffic.
-------------------------------------
3.1 Traffic to be Exchanged.
------------------------
The Parties shall reciprocally terminate Local, IntraLATA Toll,
optional EAS and jointly provided IXC traffic (or other traffic
the Parties agree to exchange) originating on each other's
networks utilizing either Direct or Indirect Network
Interconnections as provided in Section 4 or Section 5 herein. To
this end, the Parties agree that there will be interoperability
rope rability between their networks. The Parties agree to
exchange traffic associated with third party LECs, CLECs and
Wireless Service Providers pursuant to the compensation
arrangement specified in Section 3.3 herein. In addition, the
Parties will notify each other of any anticipated change in
traffic to be exchanged (e.g., traffic type, volume).
3.2 Compensation For Exchange Of Traffic.
-------------------------------------
3.2.1 Mutual Compensation. The Parties shall compensate each
-------------------
other for the exchange of Local Traffic originated by or
terminating to the Parties' end-user customers in
accordance with Section 3.2.2 of this Article. The
Parties agree to the initial state level exempt factor
representative of the share of traffic exempt from local
compensation. This initial exempt factor is set forth in
Appendix A. This factor will be updated quarterly in like
manner or as the Parties otherwise agree. Once the
traffic that is exempt from local compensation can be
measured, the actual exempt traffic will be used rather
than the above factor. Charges for the transport and
termination of optional EAS, intraLATA toll and
interexchange traffic shall be in accordance with the
Parties' respective intrastate or interstate access
tariffs, as appropriate.
3.2.2 Xxxx-and-Keep. The Parties shall assume that Local
-------------
Traffic originated by or terminating to the Parties' end-
user customers is roughly balanced between the parties
unless traffic studies indicate otherwise. Accordingly,
the Parties agree to use a Xxxx-and-Keep Arrangement with
respect to termination of Local Traffic only. Either
Party may request that a traffic study be performed no
more frequently than once a quarter. Should such traffic
study indicate, in the aggregate, that either Party is
terminating more than 60 percent of the Parties' total
terminated minutes for Local Traffic, either Party may
notify the other that mutual compensation will commence
pursuant to the rates set forth in Appendix A of this
Agreement and following such notice it shall begin and
continue for the duration of the Term of this Agreement
unless otherwise agreed. Nothing in this Section 3.2.2
shall be interpreted to (i) change compensation set forth
in this Agreement for traffic or services other than
Local Traffic, including but not limited to internetwork
facilities, access traffic or wireless traffic, or (ii)
allow either Party to aggregate traffic other than Local
Traffic for the purpose of compensation under the Xxxx-
and-Keep Arrangement described in this Section 3.2.2,
except as set forth in Section 3.1 above.
3.2.3 Compensation for Terminating Access Charges on Calls to
------------------------------------------------------
Ported Numbers. The Parties agree that a meet point
---------------
billing arrangement will be used to xxxx for terminating
switched access charges associated with calls terminated
to a ported
V-2
number. Each Party will xxxx the lXCs applicable switched
access rate elements for functions provided over each
respective Party's facilities. The Parties will follow
any industry standards established for call record
exchanges for meet point billing. Until industry
standards for call record exchanges are established for
interim number portability, the Parties agree that
switched access termination to a ported number will be
billed by the party providing interim number portability
and that the party billing the switched access will share
the switched access revenue with the other Party. The
Party providing interim number portability is entitled to
keep the portion of collected access revenue associated
with tandem switching, transport, and residual/transport
interconnection charge rate elements, as applicable. The
party terminating ported calls is entitled to receive the
portion of collected access revenue associated with the
end office switching rate elements. As part of this
revenue sharing arrangement, the Parties agree to
compensate each other as specified in Appendix B.
3.2.3.1 As part of the revenue sharing arrangement
described in Section 3.2.3 the number of lines
per ported number that are subject to
compensation will be determined at the time
the end user customer's local service is
changed from one party to the other. The
number of lines per ported number eligible for
the shared revenue arrangement described in
this section will be limited to the number of
lines in service on the date of conversion
plus a 10% growth margin. After conversion the
number of lines per ported number available
for compensation can only be increased by
mutual consent of the Parties.
3.2.3.2 As part of the revenue sharing arrangement
described in Section 3.2.3 the Parties agree
that the compensation rates may change as a
result of changes in access rates, traffic
volume or for other reasons and agree to
renegotiate the rates if a significant event
occurs. At a minimum, the Parties agree to
reevaluate the rates on an annual basis.
3.2.3.3 The Parties agree that terminating switched
access calls ported via interim number
portability may appear to the receiving Party
to be a local call and that the implementation
of reciprocal compensation for terminating
local calls may result in overcompensation for
ported switched access calls. The Parties
agree that no charges shall be applied to the
ported switched access calls as part of the
local traffic termination. When the access
revenue sharing arrangement described in
Section 3.2.3 is in effect, the Parties agree
to renegotiate the terminating shared access
compensation rates if reciprocal compensation
for local calls is implemented.
3.2.3.4 As part of the revenue sharing arrangement
described in Section 3.2.3 the Party receiving
the payments on a per line per month basis
agrees to provide the following information on
its invoice: Name of the end user accounts,
the ported telephone numbers, the telephone
numbers assigned to the lines in its switch,
the INP methods used, class of service, and
dates of initial installation and disconnects.
3.2.3.5 Upon implementation of permanent local number
portability, the Parties agree to transition
all interim number portability customers and
their services to permanent local number
portability methods within a mutually agreed
upon time frame and discontinue use of further
interim methods of number portability.
V-3
3.3 Tandem Switching Traffic.
-------------------------
The Parties will provide tandem switching for traffic between the
Parties' end offices subtending each other's access tandem, as well
as for traffic between either Party's end-users and any third party
which is interconnected to the other Party's access tandems as
follows:
3.3.1 The originating Party will compensate the tandem Party for
each minute of originated tandem switched traffic which
terminates to third party (e.g., other CLEC, ILEC, or wireless
service provider). The applicable rate for this charge is the
tandem transiting charge identified in Appendix A.
3.3.2 The originating Party also assumes responsibility for
compensation to the company which terminates the call.
3.3.3 The Parties agree to enter into their own agreements with
third-party providers. In the event that MEBTEL sends traffic
through GTE's network to a third-party provider with whom
MEBTEL does not have a traffic interexchange agreement, then
MEBTEL agrees to indemnify GTE for any termination charges
rendered by a third-party provider for such traffic.
3.4 Inter-Tandem Switching.
-----------------------
The Parties will only use inter-tandem switching for the transport and
termination of intraLATA toll traffic originating on each other's
network at and after such time as either MEBTEL has agreed to and
fully implemented an existing intraLATA toll compensation mechanism
such as IntraLATA Terminating Access Compensation (ITAC) or a
functional equivalent thereof. The Parties will only use inter-tandem
switching for the transport and termination of Local Traffic
originating on each other's network at and after such time as the
Parties have agreed to and fully implemented generally accepted
industry signaling standards and Automated Message Accounting (AMA)
record standards which shall support the recognition of multiple
tandem switching events.
4. Direct Network Interconnection.
-------------------------------
4.1 Network Interconnection Architecture.
-------------------------------------
MEBTEL may interconnect With GTE on its network at any of the minimum
Currently Available points required by the FCC. Interconnection at
additional points will be reviewed on an individual case basis. Where
the Parties mutually agree following a Bona Fide Request (BFR) to
directly interconnect their respective networks, interconnection will
be as specified in the following subsections. Based on the
configuration, the installation time line will vary considerably,
however, GTE will work with MEBTEL in all circumstances to install IPs
within 120 calendar days absent extenuating circumstances.
Internetwork connection and protocol must be based on industry
standards developed consistent with Section 256 of the Act.
4.1.1 Subject to mutual agreement, the Parties may use the following
types of network facility interconnection, using such
interface media as are (i) appropriate to support the type of
interconnection requested and (ii) available at the facility
at which interconnection is requested.
(a) A Mid-Span Fiber Meet within an existing GTE exchange
area whereby the Parties mutually agree to jointly plan
and engineer their facility IP at a designated manhole
or junction location. The IP is the demarcation between
ownership of the fiber transmission facility. Each party
is
V-4
individually responsible for its incurred costs in
establishing this arrangement.
(b) A virtual or physical Expanded Interconnection Service
(EIS) arrangement at a GTE Wire Center subject to the
rates, terms, and conditions contained in GTE's
applicable tariffs.
(c) A special access and/or CLEC Dedicated Transport
arrangement terminating at a GTE Wire Center subject to
the rates, terms, and conditions contained in GTE's
applicable tariffs. These facilities will meet the
standards set forth in such tariffs.
4.1.2 Virtual and physical EIS arrangements are governed by
appropriate GTE tariffs, except as provided in Article IX,
Section 1.3.
4.1.3 The Parties will mutually designate at least one IP on GTE's
network within each GTE local calling area for the routing of
Local Traffic.
4.2 Compensation.
-------------
The Parties agree to the following compensation for internetwork
facilities, depending on facility type. Only Local Traffic and
IntraLATA Toll Traffic will be used for calculation of this
compensation.
4.2.1 Mid-Span Fiber Meet: GTE will charge special access (flat
rated) transport from the applicable intrastate access tariff
and will rate charges between the IP and GTE's interconnection
switch. Charges will be reduced to reflect the proportionate
share of the facility that is used for transport of traffic
originated by GTE. The initial proportionate share factor for
facilities is set forth in Appendix A. This factor will be
updated quarterly in like manner or as the Parties otherwise
agree. MEBTEL will charge flat rated transport to GTE for
MEBTEL facilities used by GTE at tariffed rates or as mutually
agreed. MEBTEL will apply charges based on the lesser of; (i)
the airline mileage from the IP to the MEBTEL switch; or (ii)
the airline mileage from the GTE switch to the serving area
boundary.
4.2.2 Collocation: GTE will charge Virtual or Physical EIS rates
from the applicable GTE tariff. MEBTEL will charge GTE flat
rated transport at tariffed rates or as mutually agreed, to
reflect the proportionate share of the facility that is used
for transport of traffic originated by GTE. MEBTEL will apply
charges based on the lesser of (i) the airline mileage from
the IP to the MEBTEL switch; or (ii) two (2) times the airline
mileage from the GTE switch to the serving area boundary.
4.2.3 Special Access and/or CLEC Dedicated Transport: GTE will
charge special access and/or switched access rates from the
applicable GTE intrastate access tariff. Charges will be
reduced to reflect the proportionate share of the facility
that is used for transport of traffic originated by GTE. The
Parties will negotiate an initial factor representative of the
proportionate share of the facilities. This factor will be
updated quarterly in like manner or as the Parties otherwise
agree.
4.3 Trunking Requirements.
----------------------
In accordance with Article III, Section 12, it will be necessary for
the Parties to have met and agreed on trunking availability and
requirements in order for the Parties to begin exchange of traffic.
V-5
4.3.1. The Parties agree to establish trunk groups of sufficient
capacity from the interconnecting facilities such that trunking
is available to any switching center designated by either Party,
including end offices, tandems, 911 routing switches, and
directory assistance/operator service switches. The Parties will
mutually agree where one-way or two-way trunking will be
available. The Parties may use two-way trunks for delivery of
Local Traffic or either Party may elect to provision its own one-
way trunks for delivery of Local Traffic to the other Party. If a
Party elects to provision its own one-way trunks, that Party will
be responsible for its own expenses associated with the trunks.
4.3.2. MEBTEL shall make available to GTE trunks over which GTE shall
terminate to end-users of MEBTEL-provided Exchange Services,
Local Traffic and intraLATA toll or optional EAS traffic
originated from end-users of GTE-provided Exchange Service.
4.3.3. MEBTEL and GTE shall, where applicable, make reciprocally
available, by mutual agreement, the required trunk groups to
handle different traffic types. MEBTEL and GTE will support the
provisioning of trunk groups that carry combined or separate
Local Traffic and intraLATA toll and optional EAS traffic. GTE
requires separate trunk groups from MEBTEL to originate and
terminate interLATA calls and to provide Switched Access Service
to IXCs. To the extent MEBTEL desires to have any IXCs originate
or terminate switched access traffic to or from MEBTEL, using
jointly provided switched access facilities routed through a GTE
access tandem, it is the responsibility of MEBTEL to arrange for
such IXC to issue an ASR to GTE to direct GTE to route the
traffic. If GTE does not receive an ASR from the IXC, GTE will
initially route the switched access traffic between the IXC and
MEBTEL. If the IXC subsequently indicates that it does not want
the traffic routed to or from MEBTEL, GTE will not route the
traffic.
4.3.3.1 Each Party agrees to route traffic only over the proper
jurisdictional trunk group.
4.3.3.2 Each Party shall only deliver traffic over the local
interconnection trunk groups to the other Party's
access tandem for those publicly-dialable NXX Codes
served by end offices that directly subtend the access
tandem or to those wireless service providers that
directly subtend the access tandem.
4.3.3.3 Neither party shall route Switched Access Service
traffic over local interconnection trunks, or Local
Traffic over Switched Access Service trunks.
4.3.4. End-Office Trunking. The Parties will work together to establish
-------------------
high usage end-office trunk groups sufficient to handle the
greater of the actual or reasonably forecasted traffic volumes
between a MEBTEL end office and a GTE end office.
4.3.5. MEBTEL and GTE will reciprocally provide Percent Local Usage
(PLU) factors to each other on a semi-annual basis to identify
the proper percent of Local Traffic carried on local
interconnection trunks. If either Party does not provide to the
other Party an updated PLU, the previous PLU will be utilized.
The parties agree to the initial PLU factor as set forth in
Appendix A.
4.3.6. Reciprocal traffic exchange arrangement trunk connections shall
be made at a DS-1 or multiple XX-0 xxxxx, XX-0, (Synchronous
Optical Network (SONET))
V-6
where technically available) and shall be jointly-engineered to the
appropriate industry grade of service standard B.01 or B.005.
4.3.7. MEBTEL and GTE agree to use diligent efforts to develop and agree
on a Joint Interconnection Grooming Plan prescribing standards to
ensure that the reciprocal traffic exchange arrangement trunk
groups are maintained at the appropriate industry grades of service
standard B.01 or B.005. Such plan shall also include mutually-
agreed upon default standards for the configuration of all
segregated trunk groups.
4.3.8. SS7 Common Channel Signaling will be used to the extent that such
technology is available. If SS7 is not available, Multi-Frequency
Signaling (MF) will be used as specified.
4.3.9. The Parties agree to offer and provide to each other B8ZS Extended
Superframe Format (ESF) facilities, where available, capable of
voice and data traffic transmission.
4.3.10. The Parties will support intercompany 64kbps clear channel where
available.
4.3.11. Orders between the Parties to establish, add, change or disconnect
trunks shall be processed by use of an Access Service Request
(ASR), or another industry standard eventually adopted to replace
the ASR for local service ordering.
4.4 Trunk Forecasting.
-----------------
4.4.1 The Parties will develop joint forecasting of trunk groups in
accordance with Article III, Section 12. Intercompany forecast
information must be provided by the Parties to each other twice a
year. The semi-annual forecasts will include:
4.4.1.1 yearly forecasted trunk quantities for no less than a
two-year period (current year, plus one year); and
4.4.1.2 the use of (i) CLCI[]-MSG codes, which are described in
Telcordia, Technologies document BR 000-000-000; (ii)
circuit identifier codes as described in BR 000-000-000;
and (iii) Trunk Group Serial Number (TGSN) as described
in BR 000-000-000.
4.4.2 Description of major network projects that affect the other Party
will be provided with the semi-annual forecasts provided pursuant
to Section 4.4.1. Major network projects include but are not
limited to trunking or network rearrangements, shifts in
anticipated traffic patterns, or other activities by either Party
that are reflected by a significant increase or decrease in
trunking demand for the following forecasting period.
4.4.3 Parties will meet to review and reconcile their forecasts if their
respective forecasts differ significantly from one another.
4.5 Trunk Facility Under Utilization.
--------------------------------
At least once a year the Parties shall exchange trunk group measurement
reports for trunk groups terminating to the other Party's network. In
addition and from time to time, each Party will determine the required
trunks for each of the other Party's trunk groups from the previous 12
months servicing data. Required trunks will be based on the appropriate
grade of service standard (B.01 or B.005) or the Joint Interconnection
Grooming Plan referenced
V-7
in Section 4.3.7. When a condition of excess capacity is identified,
GTE will facilitate a review of the trunk group existing and near term
(3 to 6 months) traffic requirements with the customer for possible
network efficiency adjustment.
4.6 Network Redesigns Initiated by GTE.
----------------------------------
GTE will not charge MEBTEL when GTE initiates its own network
redesigns/reconfigurations.
4.7 Interconnection Calling and Called Scopes for the Access Tandem
---------------------------------------------------------------
Interconnection and the End Office Interconnection.
--------------------------------------------------
4.7.1 GTE Access Tandem Interconnection calling scope (originating
and terminating) is to those GTE end offices which subtend the
GTE access tandem to which the connection is made except as
provided for in Section 3.3 of this Article V.
4.7.2 GTE End Office Interconnection calling scope (originating and
terminating) is only to the end office and its remotes to which
the connection is made.
5. Indirect Network Interconnection.
---------------------------------
Neither Party shall deliver traffic destined to terminate at the other
Party's end office via another LEC's end office. In addition, neither Party
shall deliver traffic destined to terminate at an end office subtending the
other Party's access tandem via another LEC's access tandem until such time
as compensation arrangements have been established in accordance with this
Article V, Sections 3.1 and 3.4.
6. Number Resources.
-----------------
6.1 Number Assignment.
-----------------
Nothing in this Agreement shall be construed to, in any manner, limit
or otherwise adversely impact MEBTEL's right to employ or to request
and be assigned any NANP number resources including, but not limited
to, Central Office (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines. Any request for numbering resources by MEBTEL
shall be made directly to the NANP Number Plan Administrator. Except
with respect to those areas in which GTE is the NANP Number Plan
Administrator, GTE shall not be responsible for the requesting or
assignment of number resources to MEBTEL. The Parties agree that
disputes arising from numbering assignment shall be arbitrated by the
NANP Number Plan Administrator. MEBTEL shall not request number
resources to be assigned to any GTE switching entity.
6.1.1 Each Party shall be responsible for notifying its customers of
any changes in numbering or dialing arrangements to include
changes such as the introduction of new NPAs or new NXX codes.
Each Party is responsible for administering NXX codes assigned
to it.
6.2 Rate Centers.
------------
For purposes of compensation between the Parties and the ability of
the Parties to appropriately apply their toll rates to their end-user
customers, MEBTEL shall adopt the Rate Center areas and Rate Center
points that the Commission has approved for the ILECs and shall assign
whole NPA-NXX codes to each Rate Center.
V-8
6.3 Routing Points.
--------------
MEBTEL will also designate a Routing Point for each assigned NXX code.
MEBTEL may designate one location within each Rate Center as a Routing
Point for the NPA-NXX associated with that Rate Center; alternatively
MEBTEL may designate a single location within one Rate Center to serve
as the Routing Point for all the NPA-NXXs associated with that Rate
Center and with one or more other Rate Centers served by MEBTEL within
an existing GTE exchange area and LATA.
6.4 Code and Numbers Administration.
--------------------------------
The Parties will comply with code administration requirements as
prescribed by the FCC, the Commission, and accepted industry
guidelines. Where GTE is the NANP Number Plan Administrator, GTE will
administer number resources, and charge for such administration in
accord with applicable rules and regulations. GTE will administer
numbering resources in a competitively neutral manner, and process
requests for NXX codes in a timely manner and in accord with industry
standards. The Parties shall protect MEBTEL proprietary information
that may be submitted to GTE in connection with GTE's responsibilities
as NANP Number Plan Administrator in accordance with Article III,
Section 14 of this Agreement.
6.5 Programming Switches.
--------------------
It shall be the responsibility of each Party to program and update its
own switches and network systems pursuant to the Local Exchange
Routing Guide (LERG) to recognize and route traffic to the other
Party's assigned NXX codes. Neither Party shall impose any fees or
charges whatsoever on the other Party for such activities.
7. Number Portability (INP).
-------------------------
7.1 Interim Number Portability (INP).
--------------------------------
Each Party shall provide the other Party with service provider number
portability as an INP option for the purpose of allowing end-user
customers to change service-providing Party without changing their
telephone number. The Parties shall provide service provider number
portability to each other using remote call forwarding ("RCF") and/or
direct inward dialing (DID). The requesting Party will provide
"forward to" telephone number that is within the same Wire Center. The
GTE rates for INP service using RCF are set out in Appendix B attached
to this Agreement and made a part hereof. MEBTEL shall provide INP to
GTE at the rates specified for MEBTEL in Appendix B.
If a Party wishes to use Direct Inward Dialing (DID) to provide INP to
its end-users, dedicated truck group is required between the GTE end
office where the DID numbers are served into the CLEC switch. If there
are no existing facilities between GTE and the CLEC, the dedicated
facilities and transport trunks will be provisioned as switched access
or unbundled service using the ASR provisioning process. The
requesting Party will reroute the DID numbers to the pre-positioned
trunk group using an Local Service Request (LSR). CLEC may purchase
DID trunk service from GTE's tariff.
7.2 Local Number Portability (LNP).
------------------------------
7.2.1 The Parties agree that they shall develop and deploy number
portability in accordance with the Act, such binding FCC and
state mandates, and industry standards, as may be applicable.
7.2.2 The Parties agree that all INP accounts will be converted to
LNP within a reasonable period of time after the conversion of
a switch to commercially
V-9
available LNP, and that a reasonable period of time is 90 days
or as otherwise negotiated.
7.2.3 New requests for INP will not be allowed in a switch once LNP
has been deployed in that switch.
8. Meet-Point Billing (MPB).
------------------------
8.1 Meet-Point Arrangements.
-----------------------
8.1.1 The Parties may mutually establish MPB arrangements in order to
provide Switched Access Services to Access Service customers
via a GTE access tandem in accordance with the MPB guidelines
adopted by and contained in the Ordering and Billing Forum's
MECAB and MECOD documents, except as modified herein and as
described in Section 3.2.3 for Interim Portability.
8.1.2 Except in instances of capacity limitations, GTE shall permit
and enable MEBTEL to sub-tend the GTE access tandem(s) nearest
to the MEBTEL Rating Point(s) associated with the NPA-NXX(s)
to/from which the Switched Access Services are homed. In
instances of capacity limitation at a given access tandem,
MEBTEL shall be allowed to subtend the next-nearest GTE access
tandem in which sufficient capacity is available.
8.1.3 Interconnection for the MPB arrangement shall occur at the IP.
8.1.4 Common Channel Signaling shall be utilized in conjunction with
MPB arrangements to the extent such signaling is resident in
the GTE access tandem switch.
8.1.5 MEBTEL and GTE will use diligent efforts, individually and
collectively, to maintain provisions in their respective
federal and state access tariffs, and/or provisions within the
National Exchange Carrier Association (NECA) Tariff No. 4, or
any successor tariff, sufficient to reflect this MPB
arrangement, including MPB percentages.
8.1.6 As detailed in the MECAB document, MEBTEL and GTE will, in a
timely fashion, exchange all information necessary to
accurately, reliably and promptly xxxx Access Service customers
for Switched Access Services traffic jointly handled by MEBTEL
and GTE via the meet-point arrangement. Information shall be
exchanged in Exchange Message Record (EMR) format, on magnetic
tape or via a mutually acceptable Electronic File Transfer
protocol.
8.1.7 MEBTEL and GTE shall work cooperatively to coordinate rendering
of Meet-Point bills to customers, and shall reciprocally
provide each other usage data and related information at the
appropriate charge.
8.2 Compensation.
------------
8.2.1 Initially, billing to Access Service customers for the Switched
Access Services jointly provided by MEBTEL and GTE via the MPB
arrangement shall be according to the multiple-xxxx method as
described in the MECAB guidelines. This means each Party will
xxxx the portion of service it provided at the appropriate
tariff, or price list.
V-10
8.2.2 Subsequently, MEBTEL and GTE may mutually agree to implement
one of the following options for billing to third parties for
the Switched Access Services jointly provided by MEBTEL and GTE
via the MPB arrangement: single-xxxx/single tariff method,
single-xxxx/multiple tariff method, or to continue the
multiple-xxxx method. Should either Party prefer to change
among these billing methods, that Party shall notify the other
Party of such a request in writing, ninety (90) Business Days
in advance of the date on which such change is desired to be
implemented. Such changes then may be made in accordance with
MECAB guidelines and if the Parties mutually agree, the change
will be made.
9. Common Channel Signaling.
-------------------------
9.1 Service Description.
-------------------
The Parties will provide Common Channel Signaling (CCS) to one another
via Signaling System 7 (SS7) network interconnection, where and as
available, in the manner specified in FCC Order 95-187, in conjunction
with all traffic exchange trunk groups. SS7 signaling and transport
services shall be provided by GTE in accordance with the terms and
conditions of this Section 9 of this Article. The Parties will
cooperate on the exchange of all appropriate SS7 messages for local
and intraLATA call set-up signaling, including ISDN User Part (ISUP)
and Transaction Capabilities Application Part (TCAP) messages to
facilitate full interoperability of all CLASS Features and functions
between their respective networks. Any other SS7 message services to
be provided using TCAP messages (such as data base queries) will be
jointly negotiated and agreed upon.
9.2 Signaling Parameters.
--------------------
All SS7 signaling parameters will be provided in conjunction with
traffic exchange trunk groups, where and as available. These
parameters include Automatic Number Identification (ANI), Calling
Party Number (CPN), Privacy Indicator, calling party category
information, originating line information, charge number, etc. Also
included are all parameters relating to network signaling information,
such as Xxxxxx Information Parameter (CIP), wherever such information
is needed for call routing or billing. GTE will provide SS7 via
GR-394-SS7 and/or GR-317-SS7 format(s).
9.3 Privacy Indicators.
------------------
Each Party will honor all privacy indicators as required under
applicable law.
9.4 Connection Through Signal Transfer Point (STP).
----------------------------------------------
MEBTEL must interconnect with the GTE STP(s) serving the LATA in which
the traffic exchange trunk groups are interconnected. Additionally,
all interconnection to GTE's 800/888 database and GTE's Line
Information Data Base (LIDB) shall, consistent with this section, take
place only through appropriate STP pairs.
9.5 Third Party Signaling Providers.
-------------------------------
MEBTEL may choose a third-party SS7 signaling provider to transport
messages to and from the GTE SS7 network. In that event, that third
party provider must present a letter of agency to GTE, prior to the
testing of the interconnection, authorizing the third party to act on
behalf of MEBTEL in transporting SS7 messages to and from GTE. The
third-party provider must interconnect with the GTE STP(s) serving the
LATA in which the traffic exchange trunk groups are interconnected.
V-11
9.6 Multi-Frequency Signaling.
-------------------------
In the case where CCS is not available, in band Multi-Frequency (MF),
wink start, E & M channel associated signaling with ANI will be
provided by the Parties. Network signaling information, such as
CIC/OZZ, will be provided wherever such information is needed for call
routing or billing.
10. Network Management Controls.
---------------------------
Each Party shall provide a 24-hour contact number for Network Traffic
Management issues to the other's network surveillance management center. A
fax number must also be provided to facilitate event notifications for
planned mass calling events. Additionally, both Parties agree that they
shall work cooperatively that all such events shall attempt to be conducted
in such a manner as to avoid degradation or loss of service to other end-
users. Each Party shall maintain the capability of respectively
implementing basic protective controls such as "Cancel To" and "Call Gap."
V-12
ARTICLE VI
RESALE OF SERVICES
1. General.
-------
The purpose of this Article VI is to define the Exchange Services and
related Vertical Features and other Services (collectively referred to for
purposes of this Article VI as the "Services") that may be purchased from
GTE and resold by MEBTEL and the terms and conditions applicable to such
resold Services. Except as specifically provided otherwise in this
Agreement, provisioning of Exchange Services for resale will be governed by
the GTE Guide. GTE will make available to MEBTEL for resale any
Telecommunications Service that GTE currently offers, or may offer
hereafter, on a retail basis to subscribers that are not telecommunications
carriers, except as qualified by Section 2.1 below.
Terms and Conditions.
---------------------
2.1 Restrictions on Resale.
----------------------
The following restrictions shall apply to the resale of retail
services by MEBTEL.
2.1.1 MEBTEL shall not resell to one class of customers a service
that is offered by GTE only to another class of customers in
accordance with state requirements (e.g., R-1 to B-1, disabled
services or lifeline services to non-qualifying customers).
2.1.2 MEBTEL shall not resell lifeline services and services for the
disabled.
2.1.3 MEBTEL shall not resell promotional offerings of 90 days or
less in duration. These promotional offerings are not available
to MEBTEL for resale. GTE will apply any applicable resale
discount to the ordinary rate for a retail service rather than
the special promotional rate.
2.2 Interim Universal Service Support Charge for Resale Services.
-------------------------------------------------------------
MEBTEL wishes to resell GTE's Basic Exchange Residential and Business
services. It is GTE's position that GTE's current intraLATA toll rates
include implicit subsidies that support below-cost prices for other
services and thus promote universal service. This universal service
support is lost where a CLEC resells GTE's local service but does not
resell GTE's intraLATA toll service. For this reason, GTE will not
resell Basic Exchange Residential or Business services unless MEBTEL
pays the monthly interim universal service support charge set forth in
Appendix C. GTE believes that this interim surcharge is required by
state and federal law.
The lawfulness of GTE's interim surcharge is being addressed (or will
be addressed) by the Commission or a court of competent jurisdiction.
The parties agree that GTE will offer for resale Basic Exchange
Residential and Business services at the avoided cost discount rate
set forth in Appendix C without the interim surcharge, but subject to
the following terms and conditions:
2.2.1 MEBTEL agrees that within thirty (30) days after the effective
date of a Commission or court order affirming GTE's interim
surcharge, MEBTEL will
(i) begin paying the monthly interim surcharge in accord with
Appendix C, and
(ii) make a lump sum payment to GTE of the total interim
surcharges retroactive to the effective date of this agreement.
VI-1
2.2.2 Notwithstanding any provision in this Agreement, GTE may, at
its sole discretion and at any time, seek injunctive or other
relief (i) requiring the CLEC to pay GTE's interim surcharge or
(ii) requiring the Commission to immediately impose the interim
surcharge.
2.2.3 Nothing in this Agreement shall restrict or impair GTE from
seeking injunctive relief or any other remedy at any time and
in any court regarding GTE's interim surcharge or the
Commission's rejection or modification of GTE's interim
surcharge.
2.3 Restrictions on Discount of Retail Services.
-------------------------------------------
The discount specified in Section 5.3 herein shall apply to all retail
services except for the following:
2.3.1 MEBTEL may resell services that are provided at a volume
discount in accordance with terms and conditions of applicable
tariff. MEBTEL shall not aggregate end-user lines and/or
traffic in order to qualify for volume discount.
2.3.2 MEBTEL may resell ICB/Contract services without a discount and
only to end-user customers that already have such services.
2.3.3 MEBTEL may resell COCOT coin or coinless line; however, no
discount applies.
2.3.4 MEBTEL may resell special access; however, no discount applies.
2.3.5 MEBTEL may resell operator services and directory assistance as
specified in Section 5.6 herein, and in accordance with the
OS/DA discount specified in Appendix C.
2.4 Resale to Other Carriers.
------------------------
Services available for resale may not be used by MEBTEL to provide
access to the local network as an alternative to tariffed switched and
special access by other carriers, including, but not limited to;
interexchange carriers, wireless carriers, competitive access
providers, or other retail telecommunications providers.
3. Orderinq and Billing.
---------------------
3.1 Service Ordering, Service Provisioning, and Billing.
---------------------------------------------------
MEBTEL will order services for resale directly from GTE through an
electronic interface or fax. The following describes generally the
processes GTE will use for ordering, provisioning and billing for
resold services. Except as specifically provided otherwise in this
Agreement, service ordering, provisioning, billing and maintenance
shall be governed by the GTE Guide.
3.2 Local Service Request.
---------------------
Orders for resale of services will be placed utilizing standard LSR
forms. GTE will continue to participate in industry forums for
developing service order/disconnect order formats and will incorporate
appropriate industry standards. Complete and accurate forms
(containing the requisite end-user information as described in the
Guide) must be provided by MEBTEL before a request can be processed.
VI-2
3.2.1 GTE will accept orders for As-Is Transfer (AIT) of services
from GTE to MEBTEL where GTE is the end-user's current local
exchange company. GTE cannot provide an AIT of service from
another CLEC selling GTE's services to MEBTEL.
3.3 Certificate of Operating Authority.
----------------------------------
When ordering, MEBTEL must represent and warrant to GTE that it is a
certified provider of local dial-tone service. MEBTEL will provide a
copy of its Certificate of Operating Authority or other evidence of
its status to GTE upon request.
3.4 Directory Assistance (DA) Listings.
----------------------------------
GTE shall include a MEBTEL customer listing in its DA database as part
of the LSR process. GTE will honor MEBTEL Customer's preferences for
listing status, including non-published and unlisted, and will enter
the listing in the GTE database which is used to perform DA functions
as it appears on the LSR.
3.5 Nonrecurring Charges.
--------------------
MEBTEL shall be responsible for the payment of all nonrecurring
charges (NRCs) applicable to resold Services (e.g., installation,
changes, ordering charges) as listed in Appendix C. In addition, NRCs
for Field Service work (Installation/Repair requiring on site
visits will be charged from the appropriate tariff. No discount
applies to nonrecurring charges.
3.6 Alternate Billed Calls.
-----------------------
GTE shall record usage data originating from MEBTEL subscribers that
GTE records with respect to its own retail customers, using services
ordered by MEBTEL. On resale accounts, GTE will provide usage in EMR
format per existing file exchange schedules. Incollects are calls that
are placed using the services of GTE or another LEC or Local Service
Provider (LSP) and billed to a resale service line of MEBTEL.
Outcollects are calls that are placed using a MEBTEL resale service
line and billed to a GTE line or line of another LEC or LSP. Examples
of an incollect or an outcollect are collect, credit card calls.
3.6.1 Incollects. GTE will provide the rated record it receives from
----------
the CMDS network, or which GTE records (non-intercompany), to
MEBTEL for billing to MEBTEL's end-users. GTE will settle with
the earning company, and will xxxx MEBTEL the amount of each
incollect record less the Billing & Collection (B&C) fee for
end-user billing of the incollects. The B&C credit will be $.05
per billed message. Any additional message processing fees
associated with MEBTEL's incollect messages that are incurred
by GTE will be billed to MEBTEL on the monthly statement.
3.6.2 Outcollects. When the GTE end-office switch from which the
-----------
resale line is served utilizes a GTE operator services
platform, GTE will provide to MEBTEL the unrated message detail
that originates from a MEBTEL resale service line but which is
billed to a telephone number other than the originating number
(e.g., calling card, xxxx-to-third number, etc.). MEBTEL as the
LSP will be deemed the earning company and will be responsible
for rating the message at MEBTEL rates and MEBTEL will be
responsible for providing the billing message detail to the
billing company for end-user billing. MEBTEL will pay to GTE
charges as agreed to for services purchased, and MEBTEL will be
compensated by the billing company for the revenue which MEBTEL
is due.
VI-3
When a non-GTE entity provides operator service to the GTE end
office from which the resale line is provisioned, MEBTEL must
contract with the operator services provider to get any EMR
records which MEBTEL requires.
3.7 Transfers Between MEBTEL and Another Reseller of GTE Services.
-------------------------------------------------------------
When MEBTEL has obtained an end-user customer from another reseller of
GTE services, MEBTEL will inform GTE of the transfer by submitting
standard LSR forms to GTE.
3.7.1 GTE cannot accept an order for AIT of service from one CLEC
reselling GTE services to another reseller of GTE services.
3.8 Local Callinq Detail.
--------------------
Except for those Services and in those areas where measured rate local
service is available to end-users, monthly billing to MEBTEL does not
include local calling detail. However, MEBTEL may request and GTE
shall consider developing the capabilities to provide local calling
detail in those areas where measured local service is not available
for a mutually agreeable charge.
3.9 Billing.
-------
GTE will utilize CBSS to produce the required bills for resold
services. CBSS will create a xxxx to MEBTEL along with a summary xxxx
master. State or sub-state level billing will include up to thirty
(30) summary xxxx accounts.
3.10 LIDB.
----
For resale services, the LSR will generate updates to GTE's LIDB for
validation of calling card, collect, and third number billed calls.
3.11 Originating Line Number Screeninq (OLNS).
----------------------------------------
Upon request, GTE will update the database to provide OLNS which
indicates to an operator the acceptable billing methods for calls
originating from the calling number (e.g., penal institutions,
COCOTS).
4. Maintenance.
-----------
4.1 Maintenance, Testing and Repair.
-------------------------------
GTE will provide repair and maintenance services to MEBTEL and its end
-user customers for resold services in accordance with the same
standards and charges used for such services provided to GTE end-user
customers. GTE will not initiate a maintenance call or take action in
response to a trouble report from a MEBTEL end-user until such time as
trouble is reported to GTE by MEBTEL. MEBTEL must provide to GTE all
end-user information necessary for the installation, repair and
servicing of any facilities used for resold services according to the
procedures described in the Guide.
5. Services Available for Resale.
------------------------------
5.1 Description of Local Exchange Services Available for Resale.
-----------------------------------------------------------
Resold basic Exchange Service includes, but is not limited to, the
following elements:
(a) Voice Grade Local Exchange Access Line - includes a telephone
number and dial tone.
VI-4
(b) Local Calling - at local usage measured rates if applicable to
the end-user customer.
(c) Access to long distance carriers
(d) E-911 Emergency Dialing
(e) Access to Service Access Codes - e.g., 800, 888, 900
(f) Use of AIN Services (those Currently Available to end-users)
(g) End-user Private Line Services
(h) Listing of telephone number in appropriate "white pages"
directory; and
(i) Copy of "White Pages" and "Yellow Pages" directories for the
appropriate GTE service area
(j) IntraLATA toll
5.2 Other Services Available for Resale.
-----------------------------------
GTE will provide resold services at retail less the avoided cost
discount as defined in Article VI, Section 5.3. Subject to the
limitations enumerated in Article VI of this Agreement, the type of
resold services made available to MEBTEL are those telecommunication
services described in GTE's retail tariffs, as amended from time to
time. Any new retail services that GTE offers in such tariffs to
customers who are not telecommunications carriers may also be
available to MEBTEL for resale under the same terms and conditions
contained in this Agreement.
5.2.1 Promotional Services. GTE shall make available for resale,
--------------------
those promotional offerings that are greater than 90 days in
duration and the special promotional rate will be subject to
the applicable resale discount.
5.3 Rates.
-----
The prices charged to MEBTEL for Local Services shall be calculated as
follows:
5.3.1 Avoided Cost Discount as shown in Appendix C shall apply to all
retail services except those services listed in Section 2.1 and
Section 2.3 herein.
5.3.2 The discount dollar amount calculated under Section 5.3.1 above
will be deducted from the retail rate.
5.3.3 The resulting rate is the resale rate.
5.4 Grandfathered Services.
----------------------
Services identified in GTE Tariffs as grandfathered in any manner are
available for resale only to end-user customers that already have such
grandfathered service. An existing end-user customer may not move a
grandfathered service to a new service location. Grandfathered
Services are subject to a resale discount.
VI-5
5.5 Access.
------
GTE retains all revenue due from other carriers for access to GTE
facilities, including both switched and special access charges.
5.6 Operator Services (OS) and Directory Assistance (DA).
----------------------------------------------------
OS for local and toll assistance (for example, call completion, busy
line verification and emergency interruption) and DA (e.g., 411 calls)
are provided as a part of Exchange Services offered for resale. GTE
may brand this service as GTE MEBTEL will be billed in accordance with
GTE's retail tariff.
5.6.1 If MEBTEL requests branding or unbranding, GTE will provide
such unbranding or rebranding with MEBTEL's name pursuant to
Article VII, Section 12.
5.6.2 MEBTEL will be billed a charge for unbranding or rebranding and
customized routing as set forth in Article VII, Section 11.4
and additional charges specified in Article VII, Section 12.4.
5.6.3 For those offices that MEBTEL has requested GTE to rebrand
and/or unbrand OS and DA, GTE will provide it where GTE
performs its own OS and DA service subject to capability and
capacity limitations where customized routing is Currently
Available. If GTE uses a third-party contractor to provide OS
or DA, GTE will not provide branding nor will GTE negotiate it
with a third party on behalf of MEBTEL. MEBTEL must negotiate
with the third party. In these instances, MEBTEL will need to
purchase customized routing and dedicated trunking to
differentiate its OS/DA traffic from GTE's.
VI-6
ARTICLE VII
UNBUNDLED NETWORK ELEMENTS
On January 25, 1999, the Supreme Court of the United States issued its decision
on the appeals of the Eighth Circuit's decision in Iowa Utilities Board.
Specifically, the Supreme Court vacated Rule 51.319 of the FCC's First Report
and Order, FCC 96-325,61 Fed. Reg. 45476 (1996) and modified several of the
FCC's and the Eighth Circuit's rulings regarding unbundled network elements and
pricing requirements under the Act. AT&T Corp. v. Iowa Utilities Board, No. 97-
826, 1999 U.S. LEXIS 903 (1999). Under Section 251 (d)(2), the FCC was required
to determine what UNEs should be made available, and it listed them in the now-
vacated FCC Rule 51.319. Thus, there is currently no determination of what, if
any, UNEs should be made available under the law, and until this determination
is made there is no legal obligation to provide any particular UNEs. Without
waiving any rights and only on an interim basis, GTE agrees to provide the UNEs
listed herein ("Old 319 UNEs") in accordance with the associated provisions in
the agreement and only upon the following interdependent terms and conditions:
. Until the FCC issues new and final rules with regard to vacated Rule 51.
319 that comply with the Act ("New Rules"), GTE will provide the Old 319
UNEs listed below even though it is not legally obligated to do so;
provided, however, that MEBTEL agrees not to seek UNE "platforms," or
"already bundled" combinations of UNEs.
. MEBTEL agrees that after the final FCC Rules are issued, the Parties
will determine what UNEs should be included in the Agreement as required
by the Act, and they will incorporate them into the Agreement. If the
Parties cannot agree on what UNEs are then required under the Act,
either Party at any time may seek to incorporate the appropriate UNEs
under the Act into the agreement in accord with Sections 35 and 43 of
Article III, the change of law provision(s) of the Agreement,
notwithstanding anything to the contrary or the expiration of any time
periods outlined in such provision(s) or any other provision of the
Agreement.
. By providing Old 319 UNEs, GTE does not waive any of its rights,
including its rights to seek recovery of its actual costs and a
sufficient, explicit universal service fund. Nor does GTE waive its
position that, under the Court's decision, it is not required to provide
Old 319 UNEs unconditionally. Moreover, GTE does not agree that the Old
319 UNE rates set forth below are just and reasonable and in accordance
with the requirements of sections 251 and 252 of Title 47 of the United
States Code.
. The above "status quo" arrangement applies only to UNEs, UNE pricing,
unbundling and UNE platform issues. The Parties have not determined if
other provisions of the Agreement are inconsistent with the law. To the
extent there are other provisions in the Agreement that are inconsistent
with, or impacted by the law, including the Supreme Court's decision in
Iowa Utilities Board, it is the intent of the Parties that the Agreement
should conform thereto and that the "change of law" provisions therein
may be invoked to accomplish that end.
1. General.
-------
The purpose of this Article VII is to define the UNEs that may be leased by
MEBTEL from GTE. Unless otherwise specified in this Agreement, provisioning
of unbundled network arrangements Will be governed by the GTE Guide.
2. Unbundled Network Elements.
---------------------------
2.1 Categories.
----------
There are several separate categories of network components that shall
be provided as UNEs by GTE:
VII-1
(a) Network Interface Device (NID)
(b) Loop Elements
(c) Port and Local Switching Elements
(d) Transport Elements
(e) SS7 Transport and Signaling
2.2 Prices.
------
Individual UNEs and prices are identified on Appendix D attached to this
Agreement and made a part hereof, or under the appropriate GTE tariff as
referenced in this Article. Nonrecurring charges relating to unbundled
elements are also listed on Appendix D.
2.2.1 Compensation For Exchange Of Traffic Using Unbundled Network
------------------------------------------------------------
Elements. Compensation arrangements between MEBTEL and GTE for
--------
exchanging traffic when MEBTEL uses GTE provided Unbundled Network
Elements; i.e., port and local switching, transport, shall be as
provided in Appendix F.
2.2.2 Interim Universal Service Support Charge. GTE assesses a separate
----------------------------------------
interim universal service fund surcharge for loops and ports to
provide continued universal service support that is implicit in
GTE's current retail services prices; and to respect the careful
distinctions Congress has drawn between access to UNEs, on the one
hand, and the purchase at wholesale rates of GTE services on the
other. This surcharge is being addressed (or will be addressed) by
the Commission or a court of competent jurisdiction. The parties
agree that GTE will offer the port and loop UNEs at the rates set
forth below in Appendix D without the interim surcharge, but
subject to the following terms and conditions:
2.2.2.1 MEBTEL agrees that within thirty (30) days after the
effective date of a Commission or court order affirming
GTE's interim surcharge, MEBTEL will (i) begin paying the
monthly interim surcharge in accord with Appendix D, and
(ii) make a lump sum payment to GTE of the total interim
surcharges retroactive to the effective date of this
Agreement.
2.2.2.2 Notwithstanding any provision in this Agreement, GTE may,
at its sole discretion and at any time, seek injunctive
or other relief (i) requiring MEBTEL to pay GTE's
interim surcharge or (ii) requiring the Commission to
immediately impose the interim surcharge.
2.2.2.3 Nothing in this Agreement shall restrict or impair GTE
from seeking injunctive relief or any other remedy at any
time and in any court regarding GTE's interim surcharge
or the Commission's rejection or modification of GTE's
interim surcharge.
2.3 Connection to Unbundled Elements.
---------------------------------
MEBTEL may connect to the UNEs listed in Article VII, Section 2.1 that
MEBTEL chooses. The UNEs must be Currently Available and connection to them
must be technically viable. MEBTEL may combine these UNEs with any
facilities that MEBTEL may itself provide subject to the following:
VII-2
2.3.1 Connection of MEBTEL facilities to unbundled elements shall be
achieved via physical collocation arrangements MEBTEL shall
maintain at the Wire Center at which the unbundled services
are resident.
(a) In circumstances where physical collocation
arrangements cannot be accommodated at wire centers
where the unbundled services are resident, alternative
arrangements shall be negotiated between GTE and
MEBTEL. All incremental costs associated with the
alternative arrangements shall be borne by MEBTEL.
2.3.2 Each unbundled element shall be delivered to MEBTEL's
designated terminal block, or equivalent termination point, as
a part of the collocation arrangement. Each loop or port
element shall be delivered to MEBTEL collocation arrangement
over an Expanded Interconnection Service cross-connection
applicable to the unbundled elements. Applicable rates for
this cross-connection are from GTE's FCC Tariff.
2.3.3 MEBTEL shall combine UNEs with its own facilities. GTE has no
obligation to combine any UNEs for MEBTEL, nor does GTE agree
to combine any network elements for MEBTEL. MEBTEL may not
combine such UNEs to provide solely interexchange service or
solely access service to an interexchange carrier.
2.4 Service Quality.
----------------
GTE shall not be responsible for impacts on service attributes, grades
of service, etc., resulting from MEBTEL's specific use of or
modification to any UNE.
2.5 Provisioning and Support.
-------------------------
GTE agrees to provide UNEs in a timely manner considering the need and
volume of requests, pursuant to agreed upon service provisioning
intervals. GTE shall provide power to such elements on the same basis
as GTE provides to itself.
3. Ordering and Billing.
---------------------
3.1 Service Ordering, Service Provisioning, and Billing.
----------------------------------------------------
MEBTEL will order services for unbundled loops and ports directly from
GTE through an electronic interface or fax. The following describes
generally the processes GTE will use for ordering, provisioning and
billing for UNEs. Except as specifically provided otherwise in this
Agreement, service ordering, provisioning, billing and maintenance
shall be governed by the GTE Guide.
3.2 Local Service Request.
----------------------
Orders for unbundled loops and ports will be placed utilizing standard
LSR forms. Orders for unbundled dedicated transport will be placed
utilizing standard ASR forms. GTE will continue to participate in
industry forums for developing service order/disconnect order formats
and will incorporate appropriate industry standards. Complete and
accurate forms (containing the requisite end-user information as
described in the Guide) must be provided by MEBTEL before a request
can be processed.
3.3 Certificate of Operating Authority.
-----------------------------------
When ordering unbundled loops or ports, MEBTEL must represent and
warrant to GTE that it is a certified provider of local dial-tone
service. MEBTEL will provide a copy of its Certificate of Operating
Authority or other evidence of its status to GTE upon request.
VII-3
3.4 Directory Assistance (DA) Listings.
-----------------------------------
GTE shall include a MEBTEL customer listing in its DA database as part
of the LSR process for unbundled ports. GTE will honor MEBTEL
customers' preferences for listing status, including non-published and
unlisted, and will enter the listing in the GTE database which is used
to perform DA functions as it appears on the LSR.
3.5 Nonrecurring Charges.
---------------------
MEBTEL shall be responsible for the payment of all nonrecurring
charges (NRCs) applicable to UNEs as listed in Appendix D. In
addition, NRCs for Field Service work (Installation/Repair requiring
on site visits) will be charged from the appropriate tariff.
3.6 Transfers Between MEBTEL.
-------------------------
When MEBTEL has obtained an end-user customer from another CLEC using
GTE UNEs, MEBTEL will inform GTE of the transfer by submitting
standard LSR forms to GTE.
3.7 Billing.
--------
GTE will utilize CBSS to produce the required bills for unbundled
loops, ports and shared transport. CBSS will create a xxxx to MEBTEL
along with a summary xxxx master. State or sub-state level billing
will include up to thirty (30) summary xxxx accounts. GTE will utilize
CABS to produce the required bills for unbundled dedicated transport.
4. Network Interface Device.
-------------------------
4.1 Direct Connection.
------------------
MEBTEL shall be permitted to connect its own Loop directly to GTE's
NID in cases in which MEBTEL uses its own facilities to provide local
service to an end-user formerly served by GTE, as long as such direct
connection does not adversely affect GTE's network. In order to
minimize any such adverse effects, the following procedures shall
apply:
4.1.1 When connecting its own loop facility directly to GTE's NID
for a residence or business customer, MEBTEL must make a clean
cut on the GTE drop wire at the NID so that no bare wire is
exposed. MEBTEL shall not remove or disconnect GTE's drop wire
from the NID or take any other action that might cause GTE's
drop wire to be left lying on the ground.
4.1.2 At multi-tenant customer locations, MEBTEL must remove the
jumper wire from the distribution block (i.e. the NID) to the
GTE cable termination block. If MEBTEL cannot gain access to
the cable termination block, MEBTEL must make a clean cut at
the closest point to the cable termination block. At MEBTEL's
request and discretion, GTE will determine the cable pair to
be removed at the NID in multi-tenant locations. MEBTEL will
compensate GTE for the trip charge necessary to identify the
cable pair to be removed.
4.1.3 GTE agrees to offer NIDs for lease to MEBTEL but not for sale.
MEBTEL may remove GTE identification from any NID which it
connects to a MEBTEL loop, but MEBTEL may not place its own
identification on such NID. Rates for the NID are reflected in
Appendix D, along with associated non-recurring charges.
4.1.4 GTE Loop elements leased by MEBTEL will be required to
terminate only on a GTE NID. If MEBTEL leasing a GTE loop
wants a MEBTEL NID, they will also be required to lease a GTE
NID for the direct loop termination and effect a NID to NID
VII-4
connection. Rates for the Loop and NID are reflected in
Appendix D, along with associated non-recurring charges.
4.2 NID to NID Connection.
----------------------
Rather than connecting its loop directly to GTE's NID, MEBTEL may also
elect to install its own NID and effect a NID to NID connection to
gain access to the end-user's inside wiring.
4.2.1 If MEBTEL provides its own loop facilities, it may elect to
move all inside wire terminated on a GTE NID to one provided
by MEBTEL. In this instance, a NID to NID connection will not
be required. MEBTEL, or the end-user premise owner, can elect
to leave the GTE disconnected NID in place, or to remove the
GTE NID from the premise and dispose of it entirely.
4.3 Removal of Cable Pairs.
-----------------------
Removal of existing cable pairs required for MEBTEL to terminate
service is the responsibility of MEBTEL.
4.4 Maintenance.
------------
When MEBTEL provides its own loop and connects directly to GTE's NID,
GTE does not have the capability to perform remote maintenance. MEBTEL
can perform routine maintenance via its loop and inform GTE once the
trouble has been isolated to the NID and GTE will repair (or replace)
the NID, or, at MEBTEL's option, it can make a NID to NID connection,
using the GTE NID only to gain access to the inside wire at the
customer location.
4.5 Collocation Requirement.
------------------------
When MEBTEL purchases a GTE NID as a stand-alone unbundled element,
the collocation arrangement described in Article VII, Section 2.3.1 is
not required.
5. Loop Elements.
--------------
5.1 Service Description.
--------------------
A "Loop" is an unbundled component of Exchange Service. In general, it
is the transmission facility (or channel or group of channels on such
facility) which extends from a Main Distribution Frame (MDF) or its
equivalent, in a GTE end office or Wire Center to and including a
demarcation or connector block in/at a subscriber's premises.
Traditionally, Loops were provisioned as 2-wire or 4-wire copper pairs
running from the end office MDF to the customer premises. However, a
loop may be provided via other media, including radio frequencies, as
a channel on a high capacity feeder/distribution facility which may,
in turn, be distributed from a node location to the subscriber
premises via a copper or coaxial drop facility, etc.
5.2 Categories of Loops.
--------------------
There are six general categories of loops:
5.2.1 "2-Wire Analog Loop" is a voice grade transmission facility
that is suitable for transporting analog voice signals between
approximately 300-3000 Hz, with loss not to exceed 8.5 db. A
2-wire analog loop may include load coils, bridge taps, etc.
This facility may also include carrier derived facility
components (i.e. pair gain applications, loop
concentrators/multiplexers). This type of unbundled loop is
commonly used for local dial tone services. GTE does not
guarantee data modem
VII-5
speeds on a 2-wire analog loop. In addition, GTE does not
guarantee CLASS features will perform properly on a 2-wire
analog loop provisioned over subscriber analog carrier. Rates
for the loop, inclusive of the NID, are reflected in Appendix
D along with associated non-recurring charges.
5.2.2 "4-wire Analog Loop" conforms to the characteristics of a 2-
wire voice grade loop and, in addition, can support
simultaneous independent transmission in both directions. GTE
does not guarantee data modem speeds on a 4-wire analog loop.
In addition, GTE does not guarantee CLASS features will
perform properly on a 4-wire analog loop provisioned over
subscriber analog carrier. Rates for the loop, inclusive of
the NID, are reflected in Appendix D along with associated
non-recurring charges.
5.2.3 "2-Wire Digital Loop" is a transmission facility capable of
transporting digital signals up to 160 kpbs, with no greater
loss than 38 db. end-to-end, measured at 40 kHz without
midspan repeaters. Dependent upon loop make-up and length,
midspan repeaters may be required, in which case loss will be
no greater than 76 db. at 40 kHz (ISDN-BRI). In addition, 2-
wire digital loops, dependent on loop make-up, may be
configured to support Enhanced Copper Technologies (ECTs),
such as ADSL. When utilizing ADSL technology, MEBTEL is
responsible for limiting the Power Spectral Density (PSD) of
the signal to the levels specified in Clause 6.13 of ANSI
T1.413 ADSL Standards. These loops will be provisioned without
load coils or bridged taps. A 2-wire digital loop is not
available for ECTs where GTE has provisioned its local network
utilizing Digital Loop Carriers (DLCs). Also, GTE does not
provide the electronics required for ECTs provisioned via 2-
wire Digital Loops. Rates for the loop, inclusive of the NID,
are reflected in Appendix D along with associated non-
recurring charges.
5.2.4 "4-Wire Digital Loop" is a transmission facility that is
suitable for the transport of digital signals at rates up to
1.544 MBPS. Dependent on loop length, this facility may
require midspan repeaters. When a 4-wire digital loop is used
by MEBTEL to provision HDSL technology, the insertion loss,
measured between 100W termination at 200 kHz. should be less
than 34 dB. The DC resistance of a single wire pair should not
exceed 1100 ohms. These loops will be provisioned without load
coils or bridge taps. A 4-wire digital loop is not available
for ECTs where GTE has provisioned its local network utilizing
Digital Line Concentrators (DLCs). Also, GTE does not provide
the electronics required for ECTs provisioned via 4-wire
Digital Loops. Rates for the loop, inclusive of the NID, are
reflected in Appendix D along with associated non-recurring
charges.
5.2.5 "DS-1" loops will support a digital transmission rate of
1.544 Mbps. The DS-1 loop will have no bridge taps or load
coils and will employ special line treatment. DS-1 loops will
include midspan line repeaters where required, office
terminating repeaters, and DSX cross connects. Rates are as
reflected in Appendix D, including non-recurring charges.
5.2.6 "DS-3" loops will support the transmission of isochronous
bipolar serial data at a rate of 44.736 Mbps. This DS-3 type
of loop provides the equivalent of 28 DS-1 channels and shall
include the electronics at either end. Rates are as reflected
in Appendix D, including non-recurring charges.
VII-6
5.3 Conditioned Loops.
------------------
MEBTEL may also require that the analog loops ordered above be
conditioned in order for them to provide the end user service.
Examples of this type of conditioning are: Type C, Type DA, and
Improved C. The price for such conditioning shall be the applicable
charge as provided in Appendix D, if available, or from the
appropriate GTE intrastate special access tariff.
5.3.1 Upon MEBTEL request and where available, digital loops may be
provisioned in a manner that will allow for the transmission
of digital signals required for ISDN and ADSL service without
additional conditioning. Additional charges (e.g. Mid-span
Repeaters) may apply for these digital loops.
5.4 Loop Testing.
-------------
5.4.1 GTE will not perform routine testing of the unbundled loop for
maintenance purposes. MEBTEL will be required to provision a
loop testing device either in its central office (switch
location), Network Control Center or in its collocation
arrangement, to test the unbundled loop. GTE will perform
repair and maintenance once trouble is identified by MEBTEL.
5.4.2 All Loop facilities furnished by GTE on the premises of
MEBTEL's end-users and up to the network interface or
functional equivalent are the property of GTE. GTE must have
access to all such facilities for network management purposes.
GTE employees and agents may enter said premises at any
reasonable hour to test and inspect such facilities in
connection with such purposes or, upon termination or
cancellation of the Loop facility, to remove such facility.
5.4.3 GTE will provide loop transmission characteristics to MEBTEL
end-users which are equal to those provided to GTE end-users.
5.4.4 If MEBTEL leases loops which are conditioned to transmit
digital signals, as a part of that conditioning, GTE will test
the loop and provide recorded test results to MEBTEL. In
maintenance and repair cases, if loop tests are taken, GTE
will provide any recorded readings to MEBTEL at time the
trouble ticket is closed in the same manner as GTE provides to
itself and its end-users.
5.5 Pair Gain Technologies.
-----------------------
GTE shall provide MEBTEL unbundled loops where Currently Available.
Where GTE utilizes pair gain technology to provision facilities,
including Integrated Digital Loop Carrier (IDLC)/1/ or analog carrier,
GTE may not be able to provision an unbundled loop, in which event
an unbundled loop would not be Currently Available. Where GTE can
provision an unbundled loop using pair gain technology, the
capabilities of such unbundled loop may be limited to what GTE
provisions. If an ordered unbundled loop using pair gain technology
does not meet MEBTEL's requirements, GTE will, where Currently
Available, use alternate facilities to provision the unbundled loop.
If alternate facilities are not Currently Available or do not meet
MEBTEL requirements, GTE will advise MEBTEL that facilities are not
available to provision the requested unbundled loop. GTE will not be
required to construct additional facilities at GTE's expense to
provide the unbundled loop for MEBTEL. MEBTEL
_______________
See Telcordia Technologies TR-TSY-000008, Digital Interface Between
the SLC-96 Digital, system and Local Digital Switch and TR-TSY-000303,
Integrated Digital Loop Carrier (IDLC) Objectives and Interface.
VII-7
may use the Bona Fide Request (BFR) process specified in Article VII
of this Agreement to request GTE to construct additional facilities at
MEBTEL expense.
5.5.1 GTE will permit MEBTEL to collocate digital loop carriers and
associated equipment in conjunction with collocation
arrangements MEBTEL maintains at a GTE Wire Center for the
purpose of interconnecting to unbundled Loop elements.
5.6 Unbundled Loop Facility Qualification.
--------------------------------------
If MEBTEL plans to deploy service enhancing technologies (e.g. ADSL,
HDSL, ISDN, etc.) over unbundled copper loops that could potentially
interfere with other service enhancing technologies that may be
deployed within the same cable sheath, MEBTEL is responsible for
notifying GTE of its intent. GTE will determine if there are any
existing or planned service enhancing technologies deployed within the
same cable sheath that would be interfered with if MEBTEL deployed the
proposed technology. If there are existing service enhancing
technologies deployed or in the process of being deployed by GTE or
other CLECs, or if GTE has existing near term plans (within 6 months
of the date of facility qualification) to deploy such technology, GTE
will so advise MEBTEL and MEBTEL shall not be permitted to deploy such
service enhancing technology. If MEBTEL disagrees with GTE's
determination, the Parties will jointly review the basis for GTE's
decision and attempt to mutually resolve the disagreement.
5.6.1 If MEBTEL orders an unbundled digital loop, pursuant to
Sections 5.2.3 or 5.2.4, and provides the industry standard
codes indicating the type of service to be deployed on the
unbundled digital loop, that shall constitute notification to
GTE. GTE will perform the loop qualification as part of the
ordering process and no additional charges will apply.
5.6.2 If MEBTEL orders an unbundled analog loop, pursuant to
Sections 5.2.1 and 5.2.2, and plans to deploy service
enhancing technologies on the unbundled analog loop,
notification must be provided separately and apart from the
ordering process. GTE will perform the loop qualification,
however, additional charges may apply.
5.6.3 When MEBTEL fails to notify GTE of its plans to deploy service
enhancing technology over an unbundled analog voice grade loop
or MEBTEL fails to properly order an unbundled digital loop
and obtain prior qualification from GTE for the facilities, if
MEBTEL's deployment of such technology is determined to have
caused interference with existing or planned service enhancing
technologies deployed by GTE or other CLECs in the same cable
sheath, GTE will notify MEBTEL and MEBTEL will immediately
remove such service enhancing technology and shall reimburse
GTE for all incurred expense related to this interference.
5.7 Unbundled Loop Facility Compatibility.
--------------------------------------
Provided MEBTEL has notified GTE, pursuant to Section 5.6 of this
Article, of the service enhancing copper cable technology deployed on
an unbundled copper loop, GTE will not deploy service enhancing copper
cable technology within the same cable sheath that will be
incompatible with MEBTEL technology.
VII-8
5.8 Subloops.
---------
5.8.1 GTE will provide as separate items the loop distribution, loop
concentrator and loop feeder on a case-by-case basis pursuant
to a BFR as described in Article VII, Section 16.
5.8.2 GTE will design and construct loop access facilities
(including loop feeders and loop concentration/multiplexing
systems) in accordance with standard industry practices as
reflected in applicable tariffs and/or as agreed to by GTE and
MEBTEL.
5.8.3 Transport for loop concentrators/multiplexers services not
supported by embedded technologies will be provided pursuant
to applicable tariffs or as individually agreed upon by GTE
and MEBTEL. The Parties understand that embedded loop
concentrators/multiplexers are not necessarily capable of
providing advanced and/or digital services.
5.8.4 GTE will provide loop transmission characteristics as
specified in Section 5.4.3 herein.
6. Port and Local Switching Elements.
----------------------------------
6.1 Port.
-----
A port provides for the interconnection of individual loops or trunks
to the switching components of GTE's network. In general, it is a line
card or trunk card and associated peripheral equipment on GTE end
office switch that serves as the hardware termination for the end-
users Exchange Service on that switch, generates dial tone, and
provides the enduser access to the public switched telecommunications
network. The port does not include such features and functions which
are provided as part of Local Switching. Each line-side port is
typically associated with one (or more) telephone number(s), which
serve as the end-user's network address.
6.2 Ports Available as UNEs.
------------------------
There are five types of Ports available as UNEs:
6.2.1 "Basic analog line side port" is a line side switch connection
employed to provide basic residential and business type
Exchange Service.
6.2.2 "ISDN BRI digital line side" port is a Basic Rate Interface
(BRI) line side switch connection employed to provide ISDN
Exchange Services.
6.2.3 "Coin line side port" is a line side switch connection
employed to provide coin services.
6.2.4 "DS-1 digital trunk side port" is a trunk side switch
connection employed to provide the equivalent of 24 analog
incoming trunk ports.
6.2.5 "ISDN PRI digital trunk side port" is a Primary Rate Interface
(PRI) trunk side switch connection employed to provide ISDN
Exchange Services.
6.3 Local Switching.
----------------
Local switching provides the basic switching functions to originate,
route and terminate traffic and any signaling deployed in the switch.
Vertical features are optional services
VII-9
provided through software programming in the switch which can be added
on a per-feature basis with applicable rate. GTE will offer only those
features and functions Currently Available to the particular platform
used (e.g., DMS, 5ESS, GTD5). Any feature or function which is not
available, but the switch is capable of providing, may be requested
via the BFR process. MEBTEL will be responsible for bearing any costs
incurred by GTE in making such feature/function available, including
Right-to-Use (RTU) fees. The rates for Local Switching and Vertical
Features are listed in Appendix D.
6.3.1 MEBTEL must purchase Local Switching with the line-side port
or trunk-side port.
6.3.2 Alternate Billed Calls. GTE shall record usage data
----------------------
originating from MEBTEL subscribers that GTE records with
respect to its own retail customers, using services ordered by
MEBTEL. On UNE port accounts, GTE will provide usage in EMR
format per existing file exchange schedules. Incollects are
calls that are placed using the services of GTE or another LEC
or LSP and billed to a UNE Port, INP number, or LNP number of
MEBTEL. Outcollects are calls that are placed using a MEBTEL
UNE port and billed to a GTE line or line of another LEC or
LSP. Examples of an incollect or an outcollect are collect,
credit card calls.
6.3.2.1 Incollects. GTE will provide the rated record it
----------
receives from the CMDS network, or which GTE
records (non-intercompany), to MEBTEL for billing
to MEBTELs end- users. GTE will settle with the
earning company, and will xxxx MEBTEL the amount of
each incollect record less the Billing & Collection
(B&C) fee for end user billing of the incollects.
The B&C credit will be $.05 per billed message. Any
additional message processing fees associated with
MEBTELs incollect messages that are incurred by GTE
will be billed to MEBTEL on the monthly statement.
6.3.2.2 Outcollects. When the GTE end office switch from
-----------
which the UNE port is served utilizes a GTE
operator services platform, GTE will provide to
MEBTEL the unrated message detail that originates
from a MEBTEL resale service line or UNE port but
which is billed to a telephone number other than
the originating number (e.g., calling card, xxxx-
to-third number, etc.). MEBTEL as the LSP will be
deemed the earning company and will be responsible
for rating the message at MEBTEL rates and MEBTEL
will be responsible for providing the billing
message detail to the billing company for end-user
billing. MEBTEL will pay to GTE charges as agreed
to for services purchased, and MEBTEL will be
compensated by the billing company for the revenue
which MEBTEL is due.
When a non-GTE entity provides operator service to
the GTE end office where the resale line or UNE
port is provisioned from, MEBTEL must contract with
the operator services provider to get any EMR
records which MEBTEL requires.
6.4 Compliance with Section 2.3.
----------------------------
MEBTEL shall only order unbundled elements in accordance with Section
2.3 herein and it will be the responsibility of MEBTEL to make
arrangements for the delivery of interexchange traffic and routing of
traffic over interoffice transmission facilities, if applicable.
VII-10
7. Transport Elements.
-------------------
7.1 Shared Transport.
-----------------
Shared Transport (also known as Common Transport) is the physical
interoffice facility medium that is used to transport a call between
switching offices. A central office switch translates the end-user
dialed digits and routes the call over a Shared Transport Trunk Group
that rides interoffice transmission facilities. These trunk groups and
the associated interoffice transmission facilities are accessible by
any end-user (GTE end-user or CLEC end-user when CLEC has purchased
unbundled local switching), and are referred to as "Shared Transport
Facilities". GTE will provide Shared Transport for a call originating
from an unbundled switch port to the point where the call leaves GTE's
network IP.
7.1.1 Many calls riding shared transport facilities will also be
switched by GTE's access tandem. This tandem switching
function is included as a rate component of Shared Transport,
as set forth in Appendix D.
7.1.2 When the requesting CLEC purchases unbundled local switching
the CLEC is obligated to purchase unbundled Shared Transport.
All of the billing elements associated with Shared Transport
are billed upon call origination, unless the call involves an
interexchange carrier.
7.1.3 The rating of Shared Transport is based upon the duration of a
voice grade (or DSO) call on GTE's network. Shared Transport
is comprised of three billing components: (1) Transport
Facility per ALM (usage and distance sensitive); (2) Transport
Termination (per end, usage sensitive); and (3) Tandem
Switching (usage sensitive). Until an industry standard
solution is implemented for generating AMA recordings that
identify tandem routed local calls, the parties will use a
Shared Transport composite rate using the Tandem Switching
rate, two (2) terminations, and an assumed Facility miles
length of ten (10) miles. This interim methodology will be
used in lieu of actual detailed AMA recordings and xxxx
generation.
7.1.4 GTE is responsible for the sizing of the Shared Transport
network. All analysis, engineering, and trunk augmentations to
Common Transport Trunk Groups will be the sole responsibility
of GTE. To ensure that the network is appropriately sized, GTE
may request traffic forecasts from the CLEC requesting
unbundled local switching. These forecasts must be provided to
GTE on a quarterly basis, with a 12 month outlook.
7.1.5 GTE provides shared transport between GTE end offices or
between a GTE end office and the IP of a connecting
telecommunications company. Shared transport will include
tandem switching if GTE's standard network configuration
includes tandem routing for traffic between these points.
7.2 Dedicated Transport.
--------------------
Dedicated Transport is an UNE that is purchased for the purpose of
transporting Telecommunication Services between designated Serving
Wire Centers (SWC) within the same LATA. Dedicated Transport may
extend between two GTE SWCs (Interoffice Dedicated Transport or IDT)
or may extend from the GTE SWC to the CLEC premise (CLEC Dedicated
Transport or CDT). CDT remains within the exchange boundaries of the
SWC, while IDT traverses exchange boundaries. IDT and CDT are further
defined in Sections 7.2.1 and 7.2.2 and below.
VII-11
7.2.1 CLEC Dedicated Transport is the dedicated transport facility
connecting the GTE Serving Wire Center (SWC) to the requesting
CLEC's Customer Designated Location (CDL). The CDL will be the
designated location where the CLEC's physical network begins
(the CDL cannot be designated at an end-user customer location).
7.2.2 This UNE includes the equipment required to terminate the
interoffice facility within requesting CLEC's CDL and within the
GTE SWC. The product also includes the transport facility
between the two locations, but extends no further into GTE's
network than the CDL's SWC. CLEC Dedicated Transport is a
dedicated UNE which has no switching components. CLEC Dedicated
Transport can be purchased in bandwidth increments of DSO, DS1,
or DS3 at rates outlined in Appendix D.
7.2.3 CLEC Dedicated Transport consists of a non-recurring charge and
monthly recurring (non-usage sensitive) billable elements that
are dependent on bandwidth.
7.2.4 Interoffice Dedicated Transport is the Dedicated Transport
facility connecting two GTE Serving Wire Centers (SWCs).
Interoffice Dedicated Transport excludes the facilities between
the Serving Wire Center (SWC) and the Customer Designated
Location (CDL). Interoffice Dedicated Transport is a dedicated
UNE which has no switching components. Interoffice Dedicated
Transport can be purchased at the bandwidth levels of DSO, DS1,
or DS3 at rates outlined in Appendix D.
7.2.5 The price of the Interoffice Dedicated Transport UNE varies
with the bandwidth purchased and consists of a non-recurring
charge and monthly recurring (non-usage sensitive) billable
elements. The components are Transport Facility per ALM (monthly
recurring), and Transport Termination (per end, monthly
recurring). MEBTEL may also require that the Dedicated Transport
element ordered be conditioned with DS1 Clear Channel
Capability. The price for DS1 Clear Channel Capability shall be
the applicable charge as provided in Appendix D, if available,
or the appropriate GTE intrastate special access tariff.
8. SS7 Transport and Signaling.
---------------------------
SS7 signaling and transport services in support of MEBTEL's local exchange
services shall be provided in accordance with the terms and conditions of a
separately executed agreement, specifically for SS7 signaling and transport
services.
8.1 GTE will provide interconnection with its SS7 network at the STPs
but not at other points.
9. LIDB Services.
-------------
Access to GTE's LIDB shall be provided in accordance with the rates, terms
and conditions of GTE's switched access tariff, GTOC Tariff FCC No. 1,
Section 8.
10. Database 800-Type Services.
--------------------------
Access to GTE's 800-Type database (i.e., 888, 877) shall be provided in
accordance with the rates, terms and conditions of GTE's switched access
tariff, GTOC Tariff FCC No. 1, Section 8.
11. Operator Services and Directory Assistance.
------------------------------------------
GTE will provide OS and DA to MEBTEL in accordance with the terms set forth
as follows:
VII-12
11.1 When OS and/or DA is to be provided for calls that originate from a
CLECs own switch, GTE will provide branded or unbranded OS and/or DA
pursuant to separate contracts to be negotiated in good faith between
the parties after execution and approval of this Agreement by the
Commission. (Refer to Article VIII for further details).
11.2 When OS and/or DA is to be provided for calls that originate from an
unbundled Port with Local Switching, as provided herein, and branding
is not requested, the CLECs calls will access GTE's OS and/or DA
platform and will be processed in the same manner as GTE calls.
11.3 When OS and/or DA is to be provided for calls that originate from an
unbundled port with local switching, as provided herein, and either
branding or unbranding is requested, GTE will provide such unbranding
or rebranding on a switch-by-switch basis, subject to capability and
capacity limitations where customized routing is Currently Available.
Upon receipt of an order for unbranding or rebranding, GTE will
implement within 90 Business Days when technically capable.
11.4 MEBTEL will be billed charges for OS and DA and a charge for
unbranding or rebranding and Customized Routing as set forth in
Section 12.2. In addition, charges specified in Section 12.4 will
apply.
11.5 For those offices that MEBTEL has requested GTE to rebrand and/or
unbrand OS and DA, GTE will provide it where GTE performs its own OS
and DA service subject to capability and capacity limitations where
Customized Routing is Currently Available. If GTE uses a third-party
contractor to provide OS or DA, GTE will not provide branding nor
will GTE negotiate it with a third party on behalf of MEBTEL. MEBTEL
must negotiate with the third party. In these instances, MEBTEL will
need to purchase customized routing to differentiate OS/DA traffic
from GTE's.
12. Customized Routing.
------------------
Where Currently Available and upon receipt of a written BFR from MEBTEL as
described in Article VII, Section 16, GTE agrees to provide customized
routing for the following types of calls:
0-
0+Local
0+411
1+411
0+HNPA-555-1212 (intraLATA, only when intraLATA presubscription
is not available)
1+HNPA-555-1212 (intraLATA, only when intraLATA presubscription
is not available).
12.1 GTE will provide MEBTEL a list of switches that can provide
customized routing using line class codes or similar method
(regardless of current capacity limitations). MEBTEL will return a
list of these switches ranked in priority order. GTE will return to
MEBTEL a schedule for customized routing in the switches with
existing capabilities and capacity.
12.2 In response to the BFR from MEBTEL, GTE will provide MEBTEL with
applicable charges, and terms and conditions, for providing OS and
DA, branding, and customized routing.
12.3 Subject to the above provisions, GTE will choose the method of
implementing customized routing of OS and DA calls.
VII-13
12.4 When GTE agrees to provide customized routing to MEBTEL, MEBTEL will
be required to establish Dedicated Transport in order to route OS/DA
traffic to the designated platform. If unbundled Dedicated Transport
is used to route OS/DA traffic to the designated platform, MEBTEL
must purchase a Trunk Side port and establish a collocation
arrangement in accordance with Section 2.3 of this Article. The rates
for these UNEs will be billed in accordance with Appendix D. If the
Dedicated Transport used to route OS/DA traffic to the designated
platform is ordered out of the applicable access tariff, no
collocation arrangement or Trunk Side port is required.
13. Advanced Intelligent Network Access (AIN).
-----------------------------------------
GTE will provide MEBTEL access to GTE AIN functionality from GTE's AIN
Service Control Point (SCP) via GTE's local switch or MEBTEL's local
switch.
14. Directory Assistance Listing.
----------------------------
When MEBTEL orders an unbundled port or an unbundled loop, MEBTEL has the
option to submit a Directory Service Request (DSR) to have the listings
included in GTE's Directory Assistance database. The applicable ordering
charge will be applied for processing the DSR.
15. Operational Support Systems (OSS).
---------------------------------
GTE shall provide OSS functions to MEBTEL for ordering, provisioning and
billing that are generally available as described in Article III, Section 9
attached to this Agreement.
16. Bona Fide Request Process.
-------------------------
16.1 Intent.
------
The BFR process is intended to be used when MEBTEL requests certain
services, features, capabilities or functionality defined and agreed
upon by the Parties as services to be ordered as BFRs.
16.2 Process.
-------
16.2.1 A BFR shall be submitted in writing by MEBTEL and shall
specifically identify the need to include technical
requirements, space requirements and/or other such
specifications that clearly define the request such that GTE
has sufficient information to analyze and prepare a response.
16.2.2 MEBTEL may cancel a BFR in writing at any time prior to
MEBTEL and GTE agreeing to price and availability. GTE will
then cease analysis of the request.
16.2.3 Within five (5) Business Days of its receipt, GTE shall
acknowledge in writing the receipt of the BFR and identify a
single point of contact and any additional information needed
to process the request.
16.2.4 Except under extraordinary circumstances, within thirty (30)
Business Days of its receipt of a BFR, GTE shall provide a
proposed price and availability date, or it will provide an
explanation as to why GTE elects not to meet MEBTEL's
request. If extraordinary circumstances prevail, GTE will
inform MEBTEL as soon as it realizes that it cannot meet the
thirty (30)-Business Day response due date. MEBTEL and GTE
will then determine a mutually agreeable date for receipt of
the request.
16.2.5 Unless MEBTEL agrees otherwise, all proposed prices shall be
consistent with the pricing principles of the Act, FCC and/or
the Commission. Payments for services
VII-14
purchased under a BFR will be made upon delivery, unless
otherwise agreed to by MEBTEL, in accordance with the
applicable provisions of the Agreement.
16.2.6 Upon affirmative response from GTE, MEBTEL will submit in
writing its acceptance or rejection of GTE's proposal. If at
any time an agreement cannot be reached as to the terms and
conditions or price of the request GTE agrees to meet, the
Dispute resolution procedures described in Article III herein
may be used by a Party to reach a resolution.
VII-15
ARTICLE VIII
ADDITIONAL SERVICES AND COORDINATED SERVICE ARRANGEMENTS
1. Transfer of Service Announcements.
---------------------------------
When an end-user customer transfers service from one Party to the other
Party, and does not retain its original telephone number, the Party
formerly providing service to the end-user will provide, upon request and
if such service is provided to its own customers, a referral announcement
on the original telephone number. This announcement will provide the new
number of the customer and will remain in effect for the same time period
this service is provided to GTE's own end-users.
2. Misdirected Calls.
-----------------
The Parties will employ the following procedures for handling any
misdirected calls (e.g., Business office, repair bureau, etc.):
2.1 To the extent the correct provider can be determined, each Party will
refer misdirected calls to the proper provider of local exchange
service. When referring such calls, both Parties agree to do so in a
courteous manner at no charge.
2.2 For misdirected repair calls, the Parties will provide their
respective repair bureau contact number to each other on a reciprocal
basis and provide the end-user the correct contact number.
2.3 In responding to misdirected calls, neither Party shall make
disparaging remarks about each other, nor shall they use these calls
as a basis for internal referrals or to solicit end-users or to market
services.
3. 911/E-911 Arrangements.
----------------------
3.1 Description of Service.
----------------------
MEBTEL will install from each of its central offices a minimum of two
(2) dedicated trunks to GTE's 911/E-911 selective routers (i.e., 911
tandem offices) that serve the areas in which MEBTEL provides Exchange
Services, for the provision of 911/E-911 services and for access to
all subtending PSAPs. The dedicated trunks shall be, at a minimum, XX-
0 xxxxx trunks configured as a 2-wire analog interface or as part of a
digital (1.544 Mbps) interface in which all circuits are dedicated to
9-1-1 traffic. Either configuration shall use CAMA type signaling with
multi-frequency (MF) tones that will deliver ANI with the voice
portion of the call. GTE will provide MEBTEL with the appropriate CLLI
(Common Language Location Identifier) Codes and specifications of the
tandem office serving area or the location of the primary Public
Safety Answering Point (PSAP) when there is no 911 routing in that 911
district. If a MEBTEL central office serves end-users in an area
served by more than one (1) GTE 911/E-911 selective router, MEBTEL
will install a minimum of two (2) dedicated trunks in accordance with
this Section to each of such 911/E-911 selective routers or primary
PSAP.
3.2 Transport.
---------
If MEBTEL desires to obtain transport from GTE to the GTE 911
selective routers, MEBTEL may purchase such transport from GTE at the
rates set forth in Appendix E.
VIII-1
3.3 Cooperation and Level of Performance.
------------------------------------
The Parties agree to provide access to 911/E-911 in a manner that is
transparent to the end-user. The Parties will work together to
facilitate the prompt, reliable and efficient interconnection of
MEBTEL's systems to the 911/E-911 platforms, with a level of
performance that will provide the same grade of service as that which
GTE provides to its own end-users. To this end, GTE will provide
documentation to MEBTEL showing the correlation of its rate centers to
its E-911 tandems at rates set forth in Appendix E.
3.4 Basic 911 and E-911 General Requirements:
----------------------------------------
3.4.1 Basic 911 and E-911 provides a caller access to the appropriate
emergency service bureau by dialing a 3-digit universal
telephone number (911).
3.4.2 Where GTE has a 911 selective router installed in the network
serving the 911 district, GTE shall use subscriber data derived
from the Automatic Location identification/Database Management
System (ALI/DMS) to selectively route the 911 call to the PSAP
responsible for the caller's location.
3.4.3 All requirements for E-911 also apply to the use of SS7 as a
type of signaling used on the interconnection trunks from the
local switch to an end office or a selective router.
3.4.4 Basic 911 and E-911 functions provided to MEBTEL shall be at
least at parity with the support and services that GTE provides
to its subscribers for such similar functionality.
3.4.5 Basic 911 and E-911 access from Local Switching shall be
provided to MEBTEL in accordance with the following:
3.4.5.1 GTE and MEBTEL shall conform to all state regulations
concerning emergency services.
3.4.5.2 For E-911, both MEBTEL and GTE shall use their
respective service order processes to update access line
subscriber data for transmission to the database
management systems. Validation will be done Via MSAG
comparison listed in Section 3.4.5.5.
3.4.5.3 If legally required by the appropriate jurisdiction, GTE
shall provide or overflow 911 traffic to be routed to
GTE operator services or, at MEBTEL's discretion,
directly to MEBTEL operator services.
3.4.5.4 Basic 911 and E-911 access from the MEBTEL local switch
shall be provided from GTE to MEBTEL in accordance with
the following:
3.4.5.4.1 If required by MEBTEL and Currently
Available, GTE shall interconnect direct
trunks from the MEBTEL network to the
E-911 PSAP, or to the E-911 selective
routers as designated by MEBTEL. Such
trunks may alternatively be provided by
MEBTEL.
3.4.5.4.2 In government jurisdictions where GTE
has obligations under existing
Agreements as the primary provider of
the 911 System to the county (i.e.,
"lead telco"), MEBTEL shall participate
in the provision of the 911 System as
follows:
VIII-2
3.4.5.4.2.1 Each Party shall be responsible for those
portions of the 911 System for which it
has control, including any necessary
maintenance to each Party's portion of the
911 System.
3.4.5.4.2.2 MEBTEL and GTE recognize that the lead
telco in a 911 district has the
responsibility of maintaining the ALI
database for that district. Each company
will provide its access line subscriber
records to the database organization of
that lead telco. MEBTEL and GTE will be
responsible for correcting errors when
notified by either the 911 district or its
customer, and then submitting the
corrections to the lead telco. Lead telco
database responsibilities are covered in
Section 3.4.5.5 of this Article.
3.4.5.4.2.3 MEBTEL shall have the right to verify the
accuracy of information regarding MEBTEL
customers in the ALI database using
methods and procedures mutually agreed to
by the Parties. The fee for this service
shall be determined based upon the agreed
upon solution.
3.4.5.4.3 If a third party is the primary service provider to a
911 district, MEBTEL shall negotiate separately with
such third party with regard to the provision of 911
service to the agency. All relations between such third
party and MEBTEL are totally separate from this
Agreement and GTE makes no representations on behalf of
the third party.
3.4.5.4.4 If MEBTEL or Affiliate is the primary service provider
to a 911 district, MEBTEL and GTE shall negotiate the
specific provisions necessary for providing 911 service
to the agency and shall include such provisions in an
amendment to this Agreement.
3.4.5.4.5 Interconnection and database access shall be at rates
as set forth in Appendix E.
3.4.5.4.6 GTE shall comply with established, competitively
neutral intervals for installation of facilities,
including any collocation facilities, diversity
requirements, etc.
3.4.5.4.7 In a resale situation, where it may be appropriate for
GTE to update the ALI database, GTE shall update such
database with MEBTEL data in an interval no less than
is experienced by GTE subscribers, or than for other
carriers, whichever is faster, at no additional cost.
3.4.5.5 The following are Basic 911 and E-911 Database Requirements:
VIII-3
3.4.5.5.1 The ALI database shall be managed by GTE, but is the
property of GTE and any participating LEC or MEBTEL
which provides their records to GTE.
3.4.5.5.2 Copies of the MSAG shall be provided within five (5)
Business Days after the date the request is received
and provided on diskette or paper copy at the rates
set forth in Appendix E.
3.4.5.5.3 MEBTEL shall be solely responsible for providing
MEBTEL database records to GTE for inclusion in GTE's
ALI database on a timely basis.
3.4.5.5.4 GTE and MEBTEL shall arrange for the automated input
and periodic updating of the E-911 database
information related to MEBTEL end-users. GTE shall
work cooperatively with MEBTEL to ensure the accuracy
of the data transfer by verifying it against the
Master Street Address Guide (MSAG). GTE shall accept
electronically transmitted files or magnetic tape that
conform to National Emergency Number Association
(NENA) Version #2 format.
3.4.5.5.5 MEBTEL shall assign an E-911 database coordinator
charged with the responsibility of forwarding MEBTEL
end-user ALI record information to GTE or via a third-
party entity, charged with the responsibility of ALI
record transfer. MEBTEL assumes all responsibility for
the accuracy of the data that MEBTEL provides to GTE.
3.4.5.5.6 GTE shall update the database within one (1) Business
Day of receiving the data from MEBTEL. If GTE detects
an error in the MEBTEL provided data, the data shall
be returned to MEBTEL within one day from when it was
provided to GTE. MEBTEL shall respond to requests from
GTE to make corrections to database record errors by
uploading corrected records within one day. Manual
entry shall be allowed only in the event that the
system is not functioning properly.
3.4.5.5.7 GTE agrees to treat all data on MEBTEL subscribers
provided under this Agreement as strictly confidential
and to use data on MEBTEL subscribers only for the
purpose of providing E911 services.
3.4.5.5.8 GTE shall adopt use of a Carrier Code (NENA standard
five-character field) on all ALI records received from
MEBTEL. The Carrier Code will be used to identify the
carrier of record in NP configurations. The XXXX
Xxxxxxx Code for MEBTEL is "MEBTEL"; the XXXX Xxxxxx
Code for GTE is "GTE."
3.4.5.6 GTE and MEBTEL will comply with the following requirements for
network performance, maintenance and trouble notification.
3.4.5.6.1 Equipment and circuits used for 911 shall be monitored
at all times. Monitoring of circuits shall be done to
the individual trunk level. Monitoring shall be
conducted by GTE for trunks between the selective
router and all associated PSAPs.
VIII-4
3.4.5.6.2 Repair service shall begin immediately upon
report of a malfunction. Repair service includes
testing and diagnostic service from a remote
location, dispatch of or in-person visit(s) of
personnel. Where an on-site technician is
determined to be required, a technician will be
dispatched without delay.
3.4.5.6.3 GTE shall notify MEBTEL forty-eight (48) hours in
advance of any scheduled testing or maintenance
affecting MEBTEL 911 service. GTE shall provide
notification as soon as possible of any
unscheduled outage affecting MEBTEL 911 service.
3.4.5.6.4 All 911 trunks must be capable of transporting
Baudot Code necessary to support the use of
Telecommunications Devices for the Deaf
(TTY/TDDs).
3.4.5.7 Basic 911 and E-911 Additional Requirements
3.4.5.7.1 All MEBTEL lines that have been ported via INP
shall reach the correct PSAP when 911 is dialed.
Where GTE is the lead telco and provides the ALI,
the ALI record will contain both the MEBTEL
number and GTE ported number. The PSAP attendant
shall see both numbers where the PSAP is using a
standard ALI display screen and the PSAP extracts
both numbers from the data that is sent. GTE
shall cooperate with MEBTEL to ensure that 911
service is fully available to all MEBTEL end-
users whose telephone numbers have been ported
from GTE, consistent with State provisions.
3.4.5.7.2 MEBTEL and GTE shall be responsible for reporting
all errors, defects and malfunctions to one
another. GTE and MEBTEL shall provide each other
with a point of contact for reporting errors,
defects, and malfunctions in the service and
shall also provide escalation contacts.
3.4.5.7.3 MEBTEL may enter into subcontracts with third
parties, including MEBTEL Affiliates, for the
performance of any of MEBTEL's duties and
obligations stated herein.
3.4.5.7.4 Where GTE is the lead telco, GTE shall provide
MEBTEL with notification of any pending selective
router moves within at least ninety (90) days in
advance.
3.4.5.7.5 Where GTE is the lead telco, GTE shall establish
a process for the management of Numbering Plan
Area (NPA) splits by populating the ALI database
with the appropriate new NPA codes.
3.4.5.7.6 Where GTE is the lead telco, GTE shall provide
the ability for MEBTEL to update 911 database
with end-user information for lines that have
been ported via INP or LNP.
3.4.6 Basic 911 and E-911 Information Exchanges and interfaces. Where
GTE is the lead telco:
VIII-5
3.4.6.1 GTE shall provide MEBTEL access to the ALI Gateway
which interfaces to the ALI/DMS database. GTE shall
provide error reports from the ALI/DMS database to
MEBTEL within one (1) day after MEBTEL inputs
information into the ALI/DMS database. Alternately,
MEBTEL may utilize GTE or a third-party entity to enter
subscriber information into the database on a demand
basis, and validate subscriber information on a demand
basis. The rates are set forth in Appendix E.
3.4.6.2 GTE and MEBTEL shall arrange for the automated input
and periodic updating of the E-911 database information
related to MEBTEL end-users. GTE shall work
cooperatively with MEBTEL to ensure the accuracy of the
data transfer by verifying it against the Master Street
Address Guide (MSAG). GTE shall accept electronically
transmitted files or magnetic tape that conform to
National Emergency Number Association (NENA) Version #2
format.
3.4.6.3 Updates to MSAG. Upon receipt of an error recording an
MEBTEL subscriber's address from GTE, and where GTE is
the lead telco, it shall be the responsibility of
MEBTEL to ensure that the address of each of its end-
users is included in the Master Street Address Guide
(MSAG) via information provided on MEBTEL's LSR or via
a separate feed established by MEBTEL pursuant to
Section 3.4.5.7 of this Article.
3.4.6.4 The ALI database shall be managed by GTE, but is the
property of GTE and all participating telephone
companies. The interface between the E-911 Switch or
Tandem and the ALI/DMS database for MEBTEL subscriber
shall meet industry standards.
3.5 Compensation.
------------
3.5.1 In situations in which GTE is responsible for maintenance of the
911/E-911 database and can be compensated for maintaining
MEBTEL's information by the municipality, GTE will seek such
compensation from the municipality. MEBTEL will compensate GTE
for such maintenance of the 911/E-911 database only if and to
the extent that GTE is unable to obtain such compensation from
the municipality. GTE shall charge MEBTEL a portion of the cost
of the shared 911/E-911 selective router as set forth in Appendix
E.
3.5.2 For states where GTE bills and keeps the 9-1-1 surcharges, e.g.
Hawaii, Ohio, and Michigan's Technical Surcharge, MEBTEL will
xxxx its access line subscribers the 9-1-1 surcharge that is
currently in effect and remit that charge to GTE. Payments to GTE
are due within thirty (30) days of MEBTEL's payment due date from
its access line subscribers and will be identified as "9-1-1
Surcharge Payment for the month of (list appropriate month)" as a
separate line item in the remittance documentation.
3.5.3 For all states (except Hawaii and Ohio), including Michigan's
Operational Surcharge, where GTE bills and remits the 9-1-1
surcharges, less an administrative fee of one to three percent,
to the 9-1-1 district, MEBTEL Will xxxx its access line
subscribers the 9-1-1 surcharge that is currently in effect and
remit that charge to that government agency. GTE will have no
responsibility in billing or remitting surcharges that apply to
MEBTEL's access line subscribers.
3.5.4 Should the 9-1-1 surcharge fee change, GTE will promptly inform
MEBTEL of that change so that MEBTEL may conform to the new
rate(s).
VIII-6
3.6 Liability.
---------
GTE will not be liable for errors with respect to 911/E-911 services
except for its gross negligence as addressed in applicable tariffs.
4. Information Services Traffic.
----------------------------
4.1 Routing.
-------
Each Party shall route traffic for Information Services (i.e., 900-
976, Internet, weather lines, sports providers, etc.) which originates
on its network to the appropriate Information Service Platform.
4.2 Billing and Collection and Information Service Provider (ISP)
-------------------------------------------------------------
Remuneration.
------------
4.2.1 In the event GTE performs switching of ISP traffic associated
with resale or unbundled ports for MEBTEL, GTE shall provide
to MEBTEL the same call detail records that GTE records for
its own end-users, so as to allow MEBTEL to xxxx its end-
users. GTE shall not be responsible or liable to MEBTEL or ISP
for Billing and Collection and/or any receivables of
Information Service Providers.
4.2.2 Notwithstanding and in addition to Article III, Section 28,
GTE shall be indemnified and held harmless by MEBTEL from and
against any and all suits, actions, losses, damages, claims,
or liability of any character, type, or description, including
all expenses of litigation and court cost which may arise as a
result of the provisions contained in this Article VIII,
Section 4.2.1 supra. The indemnity contained in this section
shall survive the termination of this Agreement, for whatever
reason.
4.2.3 GTE agrees to notify MEBTEL in writing within ten (10)
Business Days, by registered or certified mail at the address
specified in Article III, Section 31, of any claim made
against GTE on the obligations indemnified against pursuant to
this Article VIII, Section 4.
4.2.4 It is understood and agreed that the indemnity provided for in
this Article VIII, section 4 is to be interpreted and enforced
so as to provide indemnification of liability to GTE to the
fullest extent now or hereafter permitted by law.
4.3 900-976 Call Blocking.
---------------------
GTE shall not unilaterally block 900-976 traffic in which GTE performs
switching associated with resale or UNEs. GTE will block 900-976
traffic when requested to do so, in writing, by MEBTEL. MEBTEL shall
be responsible for all costs associated with the 900-976 call
blocking request. GTE reserves the right to block any and all calls
which may harm or damage its network.
4.4 Miscellaneous.
-------------
GTE reserves the right to provide to any Information Service Provider
a list of any and all Telecommunications Providers doing business
with GTE.
5. Telephone Relay Service.
-----------------------
Local and intraLATA Telephone Relay Service (TRS) enables deaf, hearing-
impaired, or speech-impaired TRS users to reach other telephone users. With
respect to resold services, MEBTEL's end-users will have access to the
state authorized TRS provider to the extent required by the Commission,
including any applicable compensation surcharges.
VIII-7
6. Directory Assistance and Operator Services.
-------------------------------------------
Where MEBTEL is providing local service with its own switch, upon MEBTEL's
request GTE will provide to MEBTEL rebranded or unbranded DA services
and/or OS pursuant to separate contracts to be negotiated in good faith
between the Parties. If MEBTEL so requests DA services and/or OS, such
contracts shall provide for the following:
6.1 Directory Assistance Calls.
---------------------------
GTE DA centers shall provide number and addresses to MEBTEL end-users
in the same manner that number and addresses are provided to GTE end-
users. If information is provided by an automated response unit (ARU),
such information shall be repeated twice in the same manner in which
it is provided to GTE end-users. Where available, GTE will provide
call completion to MEBTEL end-users in the same manner that call
completion is provided to GTE end-users. GTE will provide its existing
services to MEBTEL end-users consistent with the service provided to
GTE end-users.
6.2 Operator Services Calls.
------------------------
GTE OS provided to MEBTEL end-users shall be provided in the same
manner GTE OS are provided to GTE end-users. In accordance with GTE
practices and at GTE rates, GTE will offer to MEBTEL end-users
collect, person-to-person, station-to-station calling, third-party
billing, emergency call assistance, calling card services, credit for
calls, time and charges, notification of the length of call, and real
time rating. GTE operators shall also have the ability to quote MEBTEL
rates upon request but only if there is appropriate cost recovery to
GTE and to the extent it can be provided within the technical
limitations of GTE's switches. GTE will provide its existing services
to MEBTEL end-users consistent with the service GTE provides to its
own end-users.
7. Directory Assistance Listings Information.
------------------------------------------
GTE will make available to MEBTEL, at MEBTEL's request, GTE end-user and
authorized LEC DA listing information stored in GTE's DA database for the
purposes of MEBTEL providing DA service to its customers. Implementation of
customized routing, pursuant to Article VII, Section 12 is required for
MEBTEL to provide DA Service for GTE Resold and Unbundled Port services.
7.1 DA Listing Information includes the listed names, addresses and
telephone numbers of GTE and authorized LEC subscribers, except as
otherwise provided herein. Excluded are listings for restricted LEC
lines and non-published listings. GTE DA listing information includes
800/888 listings, non-listed numbers and foreign listings within the
GTE franchise.
7.2 GTE shall provide to MEBTEL, at MEBTEL's request, DA listing
information within sixty (60) Business Days after an order is received
for that specific state. The DA listing information will be provided
in GTE format via magnetic tape or National Data Mover (NDM) as
specified by MEBTEL. Updates to the DA listing information shall be
provided on a daily basis through the same means used to transmit the
initial load. DA listing information provided shall indicate whether
the customer is a residence or business customer.
7.2.1 Such listings shall be confidential information pursuant to
Article III of this Agreement and MEBTEL will use the listings
only for its DA services to its end-users. MEBTEL is not
authorized to release GTE's DA listing information to any
third party or to provide DA to any other party using GTE DA
listing information, including MEBTEL's affiliates,
subsidiaries or partners, except with the expressed written
permission of GTE. In those instances where MEBTEL's
affiliates, subsidiaries or partners also desire to use GTE's
DA listing information,
VIII-8
each affiliate, subsidiary or partner must negotiate a
separate contract with GTE to obtain the listings.
7.2.2 If MEBTEL uses a third-party DA service for its end-users,
MEBTEL will ensure that such third party likewise treats the
listings as Confidential Information pursuant to Article III
of this Agreement, and uses them only for MEBTEL end-user DA.
7.2.3 GTE will include MEBTEL's DA listing information in GTE's DA
data base which may be released to third parties which request
GTE's DA listing information, unless MEBTEL provides GTE
written notice within sixty (60) Business Days after the
effective date of this Agreement that its DA listing
information is restricted and should not be released to third
parties. In the event that MEBTEL does properly notify GTE
that its DA listing information is restricted, GTE will so
advise third parties requesting such information.
7.3 MEBTEL agrees to pay GTE's standard charges for the initial load and
daily updates of GTE's DA listing information, which will be provided
upon request.
7.4 The Parties will work together to identify and develop procedures for
database error corrections.
8. Directory Listings and Directory Distribution.
----------------------------------------------
MEBTEL will be required to negotiate a separate agreement for directory
listings and directory distribution, except as set forth below, with GTE's
directory publication company.
8.1 Listings.
---------
MEBTEL agrees to supply GTE on a regularly scheduled basis, at no
charge, and in a mutually agreed upon format (e.g. Ordering and
Billing Forum developed), all listing information for MEBTEL's
subscribers who wish to be listed in any GTE published directory for
the relevant operating area. Listing information will consist of
names, addresses (including city, state and zip code) and telephone
numbers. Nothing in this Agreement shall require GTE to publish a
directory where it would not otherwise do so.
Listing inclusion in a given directory will be in accordance with
GTE's solely determined directory configuration, scope, and schedules,
and listings will be treated in the same manner as GTE's listings.
8.2 Distribution.
-------------
Upon directory publication, GTE will arrange for the initial
distribution of the directory to service subscribers in the directory
coverage area at no charge.
MEBTEL will supply GTE in a timely manner with all required subscriber
mailing information including non-listed and non-published subscriber
mailing information, to enable GTE to perform its distribution
responsibilities.
9. Busy Line Verification and Busy Line Verification Interrupt.
------------------------------------------------------------
Each Party shall establish procedures whereby its operator assistance
bureau will coordinate with the operator assistance bureau of the other
Party to provide Busy Line Verification (BLV) and Busy Line Verification
and Interrupt (BLVI) services on calls between their respective end-users.
Each Party shall route BLV and BLVI inquiries over separate inward OS
trunks. Each Party's operator assistance bureau will only verify and/or
interrupt the call and will not complete the call of the end-
VIII-9
user initiating the BLV or BLVI. Each Party shall charge the other for the
BLV and BLVI services at the rates contained in the respective tariffs.
10. Street Address Guide (SAG).
---------------------------
GTE will provide to MEBTEL upon request the Street Address Guide at a
reasonable charge. Two companion files will be provided with the SAG which
lists all services and features at all end offices, and lists services and
features that are available in a specific end office.
11. Dialing Format Changes.
-----------------------
GTE will provide reasonable notification to MEBTEL of changes to local
dialing format, i.e., 7 to 10 digit, by end office.
VIII-10
ARTICLE IX
COLLOCATION
1. Physical Collocation.
---------------------
GTE will provide collocation for purposes of interconnection or access to
UNEs pursuant to the terms and conditions in the applicable federal and
state EIS tariffs. GTE shall provide to MEBTEL physical collocation of
equipment pursuant to 47 CFR (S)51.323 necessary for interconnection or for
access to UNEs. GTE may in some cases deny a particular collocation request
entirely if GTE demonstrates that physical collocation is not practical
because of technical reasons or space limitations, as provided in Section
251 (c)(6) of the Act. GTE will work with MEBTEL to install collocation
arrangements within 120 calendar days absent extenuating circumstances.
1.1 Space Planning.
---------------
In addition to such provisions for space planning and reservation as
may be set forth in the applicable GTE federal and state EIS tariffs,
the parties agree to the following terms and conditions.
1.1.2 GTE has the right to reserve space within its central offices
for its own use based on a 5-year planning horizon.
1.1.3 GTE will notify MEBTEL if it plans to build an addition to a
central office where MEBTEL has collocated facilities, if such
addition would result in a material increase of space available
for collocation.
1.1.4 Should MEBTEL submit to GTE a two-year forecast for space
planning for collocated facilities in a central office, GTE
will, in good faith, consider and discuss such forecast with
MEBTEL when considering space planning or utilization decisions
for such central office; provided, however that any final space
planning or utilization decision shall be made by GTE in its
sole discretion in light of GTE requirements.
1.1.5 Subject to technical feasibility and space limitations, GTE
will make available at applicable federal and state EIS tariffs
such intraoffice facilities as may be necessary to accommodate
projected volumes of MEBTEL traffic.
1.2 Connection to Customer Loops and Ports.
---------------------------------------
Facilities for cross-connection to unbundled loops and ports shall be
provided under the applicable GTE federal tariff for Special Access
Cross Connect, until such time as a local tariff applicable to the
facilities used for such cross-connection is filed.
1.3 Connection to Other Collocated Carriers.
----------------------------------------
Subject to technical feasibility and space limitations, MEBTEL may
interconnect with other carriers collocated at a GTE central office at
which MEBTEL has collocated facilities; provided, however, that MEBTEL
and such other carriers must be collocated at the GTE central office
for the primary purpose of interconnecting with GTE or accessing GTE's
UNEs. If MEBTEL wants to interconnect with other carriers collocated
at a GTE central office, MEBTEL must provide GTE with thirty Business
Days' prior written notice, during which time GTE may elect to provide
the facilities necessary to accomplish such interconnection. MEBTEL
and the other collocated carriers may provide the necessary
interconnection facilities only if GTE elects not to provide such
facilities or fails to so elect
IX-1
within the thirty day notice period. If GTE elects to provide
interconnection facilities under this section, GTE will provide this
cross connection under the GTE federal tariff for Special Access Cross
Connect, until such time as a local tariff applicable to the
facilities used for such interconnection facilities is filed.
1.4 Choice of Vendor.
-----------------
MEBTEL may use the vendor of its choice to install, maintain and
repair equipment within MEBTEL's collocated space. Access by the
employees, agents or contractors of such vendor shall be subject to
the same restrictions on access by employees, agents or contractors of
MEBTEL imposed under the applicable GTE federal and state EIS tariffs,
including but not limited to certification and approval by GTE.
1.5 Monitoring.
-----------
Subject to technical feasibility and space limitations, MEBTEL may
extend its own facilities for remote monitoring of its collocated
equipment to its collocated space. MEBTEL may request that GTE provide
the facilities necessary for such remote monitoring, at which time GTE
and MEBTEL will negotiate in good faith the price, terms and
conditions of remote monitoring by GTE.
1.6 Phone Service.
--------------
Upon ordering collocated space, MEBTEL may order that its collocation
cage be provided with plain old telephone service (POTS) commencing at
such time as GTE has completed construction of the collocated space.
MEBTEL shall pay separately for any ordered POTS service.
1.7 Intraoffice Diversity.
----------------------
At MEBTEL's request, GTE will provide diversity for ingress/egress
fiber and power cables where such diversity is available and subject
to technical feasibility and space limitations.
1.8 MEBTEL Proprietary Information.
-------------------------------
GTE will protect all MEBTEL proprietary information to the extent
required under nondisclosure agreements existing as of the date GTE
completes construction of a physical collocation space at MEBTEL's
request.
1.9 Notification of Modifications.
------------------------------
GTE will notify MEBTEL of modifications to collocation space in accord
with the terms of applicable GTE state and federal EIS tariffs.
Additionally, GTE shall notify MEBTEL when major upgrades are made to
the power plants supporting MEBTEL's collocation space. The following
shall constitute such major upgrades:
(a) replacement of a rectifier;
(b) addition or replacement of a new fusing module;
(c) addition or replacement of a power distribution unit frame; or
(d) addition or replacement of modular rectifiers.
IX-2
1.10 Drawings.
---------
When MEBTEL orders collocated space, GTE and MEBTEL will hold a
GTE/Customer meeting in accord with applicable GTE state and federal
EIS tariffs. At such meeting, GTE will provide such drawings of GTE's
central office facility as may be necessary to adequately depict
MEBTEL's proposed collocation space.
1.11 Construction of Space.
----------------------
GTE will construct MEBTEL's collocation space in accord with the
terms and conditions set forth in the applicable GTE state and
federal EIS tariff. Additionally, GTE agrees to the following terms
and conditions regarding construction of collocated space:
1.11.1 Space will be constructed in 100 square foot increments, and
shall be designed so as to prevent unauthorized access.
1.11.2 A standard 100 square foot cage shall have the following
standard features:
(a) eight-foot high, nine gauge chain link panels;
(b) three of the panels listed at (a) above shall measure
eight by ten feet, the fourth panel shall measure eight
by seven feet;
(c) the door to the cage shall measure eight by three feet
and shall also consist of nine gauge chain link;
(d) the cage shall be provided with one padlock set, with GTE
retaining one master key;
(e) one AC electrical outlet;
(f) one charger circuit system;
(g) one electrical sub-panel;
(h) such additional lighting as may be necessary;
(i) one fire detection requirement evaluation;
(j) grounding for the cage consistent with COEL.
1.11.3 Modifications to the standard configuration set forth in
Section 1.11.2 can be made on an individual case basis. If
modifications are agreed upon and made by the Parties, GTE
will work with MEBTEL to implement such additional
modifications as may be necessary to ensure that MEBTEL's
collocated space is protected from unauthorized access.
1.11.4 At such time as construction of MEBTEL's collocation space is
approximately 50 percent completed, GTE will give MEBTEL
notification, and such notification shall include scheduled
completion and turnover dates.
1.11.5 Upon completion of construction of collocated space, GTE will
conduct a walk through of the collocated space with MEBTEL.
Should MEBTEL note any deviations from the plan agreed upon
by GTE and MEBTEL at the customer meeting, and if such
deviations were not requested by MEBTEL or not required by
IX-3
law, GTE shall correct such deviations at its own expense
within five (5) Business Days.
1.12 Connection Equipment.
---------------------
MEBTEL may provision equipment for the connection of MEBTEL
termination equipment to GTE equipment using either of the following
methods:
1.12.1 MEBTEL may extend an electrical or optical cable from the
terminal within MEBTEL's collocation cage and terminate that
cable at GTE's network.
1.12.2 MEBTEL may install a patch panel within its collocation cage
and then hand the cabling to GTE to extend to and have GTE
terminate that cable at GTE's network.
1.13 Access to MEBTEL Collocation Space.
-----------------------------------
The terms and conditions of access to MEBTEL's collocation space
shall be as set forth in applicable GTE state and federal EIS
tariffs. Additionally, GTE agrees that the following terms and
conditions shall apply to access:
1.13.1 GTE shall implement adequate measures to control access to
collocation cages.
1.13.2 Collocation space shall comply with all applicable fire and
safety codes.
1.13.3 Doors with removable hinges or inadequate strength shall be
monitored by an alarm connected to a manned site. All other
alarms monitoring MEBTEL collocation space provided by GTE
shall also be connected to a manned site. MEBTEL may, at its
option, provide its own intrusion alarms for its collocated
space.
1.13.4 GTE shall control janitorial access to collocation cages, and
restrict such access to approved and certified employees,
agents or contractors.
1.13.5 GTE shall establish procedures for access to collocation
cages by GTE and non-GTE emergency personnel, and shall not
allow access by security guards unless such access comports
with this section and is otherwise allowed under applicable
GTE state and federal EIS tariffs.
1.13.6 GTE shall retain a master key to MEBTEL's collocation space
for use only in event of emergency as detailed in applicable
GTE state and federal tariffs. At MEBTEL's option, the
Parties shall review key control procedures no more
frequently than once in any twelve month period. At any time,
MEBTEL may elect to change keys if it suspects key control
has been lost, provided, however, that GTE will be provided
with a master key in accord with this section.
1.13.7 Not more frequently than once a year, MEBTEL may audit the
security and access procedures and equipment applicable to
its collocated space and the central office housing the
collocation space. Access by personnel necessary to conduct
such an audit shall be limited as set forth in applicable GTE
state and federal EIS tariffs. Should MEBTEL identify
deficiencies in security and access procedures and equipment
as a result of such audit, the cost, terms and conditions of
the correction of such deficiencies shall be negotiated in
good faith between the parties.
IX-4
ARTICLE X
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY
To the extent required by the Act, GTE and MEBTEL shall each afford to the other
access to the poles, ducts, conduits and ROWs it owns or controls on terms,
conditions and prices comparable to those offered to any other entity pursuant
to each Party's tariffs and/or standard agreements. Accordingly, if GTE and
MEBTEL desire access to the other Party's poles, ducts, or ROWs, GTE and MEBTEL
shall execute pole attachment and conduit occupancy agreements. MEBTEL agrees
that pole attachment and conduit occupancy agreements must be executed
separately before it makes any attachments to GTE facilities or uses GTE's
conduit according to the terms of this Agreement. Unauthorized attachments or
unauthorized use of conduit will be a breach of this agreement.
X-1
ARTICLE XI
SIGNATURE PAGE
IN WITNESS WHEREOF, each Party has executed this Agreement to be effective upon
approval by the Commission in accordance with Section 252 of the Act. The
"effective date" of this Agreement for such purposes will be established by the
Commission approval order.
GTE SOUTH INCORPORATED MEBTEL INTEGRATION COMMUNICATION
SOLUTIONS, INC.
By /s/ Xxxxxx Xxxxxxxx By /s/ Xxxxx X. Xxxxxx
------------------------------ -------------------------------
Name Xxxxxx Xxxxxxxx Name Xxxxx X. Xxxxxx
---------------------------- -----------------------------
Title Assistant Vice President Title C.T.O
--------------------------- ----------------------------
Wholesale Markets-Interconnection
Date September 27, 1999 Date September 13, 1999
--------------------------- -----------------------------
[STAMP APPEARS HERE]
XI-1
