Exhibit 10.9
EXECUTION ORIGINAL
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
Dated as of May 5, 1997/1/
by and between
AMERITECH INFORMATION INDUSTRY SERVICES,
a division of Ameritech Services, Inc.
on behalf of and as an agent for Ameritech Illinois
and
21st CENTURY TELECOM OF ILLINOIS, INC.
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1/ See Footnote 12 on signature page.
TABLE OF CONTENTS
PAGE
RECITALS..............................................................................................1
ARTICLE IDEFINITIONS AND CONSTRUCTION.................................................................1
1.1 Structure........................................................................1
1.2 Defined Terms....................................................................2
1.3 Interpretation...................................................................2
1.4 Joint Work Product...............................................................2
ARTICLE IIGENERAL SERVICE-RELATED PROVISIONS..........................................................3
2.1 Interconnection Activation Date..................................................3
2.2 Bona Fide Request................................................................3
2.3 Technical References.............................................................3
ARTICLE IIIINTERCONNECTION PURSUANT TO SECTION 251(c)(2)..............................................3
3.1 Scope............................................................................3
3.2 Interconnection Points and Methods...............................................4
3.3 Fiber-Meet.......................................................................5
3.4 Interconnection in Additional LATAs..............................................6
3.5 Additional Interconnection in Existing LATAs.....................................6
3.6 Nondiscriminatory Interconnection................................................7
3.7 Network Management...............................................................7
3.8 Standards of Performance.........................................................7
3.9 9-1-1 Service....................................................................9
ARTICLE IVTRANSMISSION AND ROUTING OF TRAFFIC PURSUANT TO SECTION 251(c)(2)..........................13
4.1 Scope of Traffic................................................................13
4.2 Limitations.....................................................................13
4.3 Trunk Group Architecture and Traffic Routing....................................13
4.4 Signaling.......................................................................14
4.5 Grades of Service...............................................................15
4.6 Measurement and Billing.........................................................15
4.7 Reciprocal Compensation Arrangements -- Section 251(b)(5).......................15
ARTICLE VTRANSMISSION AND ROUTING OF EXCHANGEACCESS TRAFFIC PURSUANT TO 251(c)(2)....................16
5.1 Scope of Traffic................................................................16
5.2 Trunk Group Architecture and Traffic Routing....................................17
5.3 Logical Trunk Groups............................................................17
5.4 End Office Access...............................................................17
ARTICLE VIMEET-POINT BILLING ARRANGEMENTS............................................................17
6.1 Meet-Point Billing Services.....................................................17
6.2 Data Format and Data Transfer...................................................18
6.3 Errors or Loss of Access Usage Data.............................................19
6.4 Payment.........................................................................19
ARTICLE VIIBLV/BLVI TRAFFIC..........................................................................19
7.1 Busy Line Verification..........................................................19
7.2 Busy Line Verification Interrupt................................................20
7.3 BLV/BLVI Traffic................................................................20
7.4 BLV/BLVI Compensation...........................................................20
ARTICLE VIII TRANSIT SERVICE.........................................................................20
8.1 Transit Service.................................................................20
8.2 Transit Service Defined.........................................................20
8.3 Compensation for Transit Service................................................21
8.4 Duration of Obligation..........................................................21
8.5 Signaling.......................................................................22
8.6 Nondiscrimination...............................................................22
ARTICLE IXUNBUNDLED ACCESS -- SECTION 251(c)(3)......................................................22
9.1 Access to Network Elements......................................................22
9.2 Network Elements................................................................23
9.3 Combination of Network Elements.................................................24
9.4 Nondiscriminatory Access to and Provision of Network Elements...................25
9.5 Provisioning of Network Elements................................................26
9.6 Availability of Additional or Different Quality Network Elements................26
9.7 Pricing of Unbundled Network Elements...........................................26
9.8 Billing.........................................................................28
9.9 Maintenance of Unbundled Network Elements.......................................28
9.10 Standards of Performance........................................................28
ARTICLE XRESALE AT WHOLESALE RATES -- SECTION 251(c)(4)RESALE AT RETAIL RATES -- SECTION 251(b)(1)...29
10.1 Telecommunications Services Available for Resale at Wholesale Rates.............29
10.2 Telecommunications Services Available for Resale at Retail Rates................30
10.3 Limitations on Availability of Resale Services..................................30
10.4 Additional Charges for Resale Services..........................................32
10.5 Restrictions on Resale Services.................................................32
10.6 New Resale Services; Changes in Provision of Resale Services....................33
10.7 Operations Support Systems Functions............................................33
10.8 Nondiscriminatory Provision of Resale Services..................................33
10.9 Standards of Performance........................................................33
10.10 Branding........................................................................35
10.11 Primary Local Exchange and Interexchange Carrier Selections.....................36
10.12 Functionality Required To Support Resale Service................................38
10.13 Service Functions...............................................................38
10.14 Responsibilities of 21st Century................................................41
10.15 Responsibilities of Ameritech...................................................42
10.16 Exchange of Billing Information.................................................42
10.17 Use of Service..................................................................43
ARTICLE XINOTICE OF CHANGES -- SECTION 251(c)(5).....................................................44
ARTICLE XIICOLLOCATION -- SECTION 251(c)(6)..........................................................44
12.1 Physical Collocation............................................................44
12.2 Virtual Collocation in Physical Collocation Space...............................45
12.3 Virtual Collocation in Virtual Collocation Space................................45
12.4 Nondiscriminatory Collocation...................................................45
12.5 Eligible Equipment..............................................................45
12.6 Transmission Facility Options...................................................46
12.7 Interconnection with other Collocated Carriers..................................46
12.8 Interconnection Points and Cables...............................................47
12.9 Allocation of Collocation Space.................................................47
12.10 Security Arrangements...........................................................48
12.11 Subcontractor and Vendor Approval...............................................48
12.12 Delivery of Collocated Space....................................................48
12.13 Pricing.........................................................................52
12.14 Billing.........................................................................52
12.15 Common Requirements.............................................................52
12.16 Additional Requirements.........................................................52
12.17 Protection of Service and Property..............................................52
ARTICLE XIIINUMBER PORTABILITY -- SECTION 251(b)(2)..................................................53
13.1 Provision of Local Number Portability...........................................53
13.2 Interim Number Portability (INP)................................................53
13.3 Remote Call Forwarding ("RCF")..................................................53
13.4 Direct Inward Dialing ("DID")...................................................53
13.5 NXX Migration...................................................................54
13.6 Other INP Methods...............................................................54
13.7 Other Interim Portability Provisions............................................54
13.8 Compensation on Traffic to INP'ed Numbers.......................................56
13.9 Pricing For Interim Number Portability..........................................56
13.10 Permanent Number Portability....................................................56
13.11 Requirements for INP and NP.....................................................58
ARTICLE XIVDIALING PARITY -- SECTIONS 251(b)(3) and 271(e)(2)NUMBER ADMINISTRATION -- SECTION 251(e).59
14.1 Dialing Parity..................................................................59
14.2 Number Administration...............................................................59
ARTICLE XVDIRECTORY LISTINGS -- SECTION 251(b)(3)....................................................59
15.1 White Pages Directory Listings..................................................59
15.2 Listing and Listing Updates.....................................................60
15.3 White Pages Directories Delivery................................................61
15.4 Nondiscriminatory Formats.......................................................61
ARTICLE XVIACCESS TO POLES, DUCTS, CONDUITS ANDRIGHTS-OF-WAY -- SECTIONS 251(b)(4) AND 224...........61
16.1 Structure Availability..........................................................61
16.2 Franchises, Permits and Consents................................................62
16.3 Access and Modifications........................................................62
16.4 Installation and Maintenance Responsibility.....................................63
16.5 Emergency Repairs...............................................................64
16.6 Installation and Maintenance Standards..........................................64
16.7 Implementation Team.............................................................64
16.8 Access Requests.................................................................64
16.9 Unused Space....................................................................64
16.10 Maintenance Ducts...............................................................65
16.11 Applicability...................................................................65
16.12 Other Arrangements..............................................................65
16.13 Cost of Certain Modifications...................................................65
16.14 Maps and Records................................................................65
16.15 21st Century Access.............................................................65
16.16 Occupancy Permit................................................................65
16.17 Inspections.....................................................................66
16.18 Damage to Attachments...........................................................66
16.19 Charges.........................................................................66
16.20 Nondiscrimination...............................................................66
16.21 Interconnection.................................................................67
16.22 Cost Imputation.................................................................67
16.23 Structure Leasing Coordinator...................................................67
16.24 State Regulation................................................................67
16.25 Abandonments, Sales or Dispositions.............................................67
ARTICLE XVIIREFERRAL ANNOUNCEMENT....................................................................67
ARTICLE XVIIIIMPLEMENTATION TEAM AND IMPLEMENTATION PLAN.............................................68
18.1 Implementation Team.............................................................68
18.2 Implementation Plan.............................................................68
18.3 Action of Implementation Team...................................................70
18.4 Further Coordination and Performance............................................70
18.5 Dispute Resolution..............................................................70
ARTICLE XIXGENERAL RESPONSIBILITIES OF THE PARTIES...................................................70
19.1 Compliance with Implementation Schedule.........................................70
19.2 Compliance with Applicable Law..................................................71
19.3 Necessary Approvals.............................................................71
19.4 Environmental Hazards...........................................................71
19.5 Forecasting Requirements........................................................71
19.6 Certain Network Facilities......................................................71
19.7 Traffic Management and Network Harm.............................................72
19.8 Insurance.......................................................................72
19.9 Labor Relations.................................................................72
19.10 Good Faith Performance..........................................................73
19.11 Responsibility to Customers.....................................................73
19.12 Unnecessary Facilities..........................................................73
19.13 Cooperation.....................................................................73
19.14 NXX Code Administration.........................................................73
19.15 LERG Listings...................................................................73
19.16 LERG Use........................................................................73
19.17 Switch Programming..............................................................73
19.18 Transport Facilities............................................................73
19.19 Time is of the Essence..........................................................73
ARTICLE XXPROPRIETARY INFORMATION....................................................................74
20.1 Definition of Proprietary Information...........................................74
20.2 Disclosure and Use..............................................................75
20.3 Government Disclosure...........................................................77
20.4 Ownership.......................................................................77
20.5 Equitable Relief................................................................78
ARTICLE XXITERM AND TERMINATION......................................................................78
21.1 Term............................................................................78
21.2 Renegotiation of Certain Terms..................................................78
21.3 Default.........................................................................79
21.4 Transitional Support............................................................79
21.5 Payment Upon Expiration or Termination..........................................79
ARTICLE XXII [NOT USED]..............................................................................79
ARTICLE XXIIICANCELLATION CHARGES....................................................................79
ARTICLE XXIVSEVERABILITY.............................................................................80
24.1 Severability....................................................................80
24.2 Non-Contravention of Laws.......................................................80
ARTICLE XXVINDEMNIFICATION...........................................................................80
25.1 General Indemnity Rights........................................................80
25.2 ................................................................................81
25.3 Indemnification Procedures......................................................81
ARTICLE XXVILIMITATION OF LIABILITY..................................................................82
26.1 Limited Responsibility..........................................................82
26.2 Apportionment of Fault..........................................................82
26.6 Remedies........................................................................83
ARTICLE XXVIIBILLING.................................................................................84
27.1 Billing.........................................................................84
27.2 Recording.......................................................................84
27.3 Payment of Charges..............................................................84
27.4 Late Payment Charges............................................................85
27.5 Adjustments.....................................................................85
27.6 Interest on Unpaid or Overbilled Amounts........................................85
27.7 Single Point of Contact.........................................................85
ARTICLE XXVIIIDISPUTED AMOUNTS, AUDIT RIGHTSAND DISPUTE RESOLUTION...................................85
28.1 Disputed Amounts................................................................85
28.2 Audit Rights....................................................................87
28.3 Dispute Escalation and Resolution...............................................88
28.4 Equitable Relief................................................................88
ARTICLE XXIXREGULATORY APPROVAL......................................................................89
29.1 Commission Approval.............................................................89
29.2 Tariffs.........................................................................89
29.3 Amendment or Other Changes to the Act; Reservation of Rights....................89
29.4 Regulatory Changes..............................................................90
29.5 Interim Rates...................................................................90
ARTICLE XXXMISCELLANEOUS.............................................................................90
30.1 Authorization...................................................................90
30.2 Designation of Affiliate........................................................91
30.3 Subcontracting..................................................................91
30.4 Independent Contractor..........................................................91
30.5 Force Majeure...................................................................91
30.6 Governing Law...................................................................92
30.7 Taxes...........................................................................92
30.8 Non-Assignment..................................................................93
30.9 Non-Waiver......................................................................93
30.10 Notices.........................................................................93
30.11 Publicity and Use of Trademarks or Service Marks................................94
30.12 Nonexclusive Dealings...........................................................94
30.13 No Third Party Beneficiaries; Disclaimer of Agency..............................94
30.14 No License......................................................................95
30.15 Survival........................................................................95
30.16 Scope of Agreement..............................................................95
30.17 Counterparts....................................................................95
30.18 Reservation of Rights...........................................................95
30.19 Entire Agreement................................................................96
SCHEDULES AND EXHIBITS
SCHEDULE 1.2 DEFINITIONS
SCHEDULE 2.1 IMPLEMENTATION SCHEDULE ILLINOIS
SCHEDULE 2.2 BONA FIDE REQUEST
SCHEDULE 2.3 TECHNICAL REFERENCE SCHEDULE
SCHEDULE 3.8 AMERITECH INTERCONNECTION PERFORMANCE
BENCHMARKS
SCHEDULE 6.0 MEET-POINT BILLING RATE STRUCTURE
SCHEDULE 9.2.1 LOCAL LOOPS
SCHEDULE 9.2.2 UNBUNDLED ACCESS TO NETWORK INTERFACE DEVICES
SCHEDULE 9.2.3 SWITCHING CAPABILITY
SCHEDULE 9.2.4 INTEROFFICE TRANSMISSION FACILITIES
SCHEDULE 9.2.5 SIGNALING NETWORKS AND CALL-RELATED DATABASES
SCHEDULE 9.2.6 OPERATIONS SUPPORT SYSTEMS FUNCTIONS
SCHEDULE 9.2.7 OPERATOR SERVICES AND DIRECTORY SERVICES
SCHEDULE 9.3.4 COMBINATIONS
SCHEDULE 9.3.5 COMBINATIONS AVAILABLE THROUGH BONA FIDE REQUEST
SCHEDULE 9.5 PROVISIONING OF NETWORK ELEMENTS
SCHEDULE 9.10 NETWORK ELEMENT PERFORMANCE BENCHMARKS
SCHEDULE 10.1 WHOLESALE RESALE SERVICES
SCHEDULE 10.3.1 GRANDFATHERED SERVICES AND SUNSETTED SERVICES
SCHEDULE 10.9 RESALE PERFORMANCE BENCHMARKS
SCHEDULE 10.9.6 CREDIT ALLOWANCES
SCHEDULE 10.11.1 FORM OF REPRESENTATION OF AUTHORIZATION
SCHEDULE 10.12.5 LAW ENFORCEMENT INTERFACES
SCHEDULE 10.13 RESALE MAINTENANCE PROCEDURES
SCHEDULE 10.13.2 SERVICE ORDERING AND PROVISIONING PROCEDURES
AND INTERFACE FUNCTIONALITY
SCHEDULE 12.9.1 PHYSICAL COLLOCATION SPACE RESERVATION
SCHEDULE 12.9.3 COLLOCATION CAPACITY PLANNING
SCHEDULE 12.12 DELIVERY OF COLLOCATED SPACE
SCHEDULE 12.15 COMMON REQUIREMENTS
SCHEDULE 12.16 ADDITIONAL REQUIREMENTS APPLICABLE TO
PHYSICAL COLLOCATION
PRICING SCHEDULE -- ILLINOIS
EXHIBIT A FIBER MEET
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252
OF THE TELECOMMUNICATIONS ACT OF 1996
This Interconnection Agreement, under Sections 251 and 252 of the
Telecommunications Act of 1996 ("Agreement"), is effective as of the 5th day of
May 19972/ (the "Effective Date"), by and between Ameritech Information Industry
Services, a division of Ameritech Services, Inc., a Delaware corporation with
offices at 000 Xxxxx Xxxxxxx, Xxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, on behalf of
and as agent for Ameritech Illinois ("Ameritech"), and 21st Century Telecom of
Illinois, Inc., an Illinois corporation, with offices at World Trade Center, 000
Xxxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxx 00000 ("21st Century").
RECITALS
A. Ameritech is an Incumbent Local Exchange Carrier, as defined by
the Act, authorized to provide certain Telecommunications Services within
Illinois.
B. Ameritech is engaged in the business of providing, among other
things, local Telephone Exchange Service within Illinois.
C. 21st Century has been granted authority to provide certain local
Telephone Exchange Services within Illinois and is a Local Exchange Carrier as
defined by the Act.
D. The Parties desire to provide for compliance with their respective
obligations under Sections 251(a), (b), (c) and (e) of the Act, including
Interconnection of their facilities and equipment, so that their respective
residential and business Customers may communicate with each other over, between
and through such networks and facilities.
NOW, THEREFORE, in consideration of the promises and the covenants
contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, 21st Century and Ameritech hereby
agree as follows:
ARTICLE I
DEFINITIONS AND CONSTRUCTION
I.1 Structure. This Agreement includes certain Exhibits and
Schedules that immediately follow this Agreement, all of which are hereby
incorporated in this Agreement by this reference and constitute a part of this
Agreement.
I.2 Defined Terms. Capitalized terms used in this Agreement
shall have the respective meanings specified in Schedule 1.2 or as defined
elsewhere in this Agreement. Other terms used but not defined herein will have
the meanings ascribed to them in the Act.
---------------
2/ See Footnote 12 on signature page.
I.3 Interpretation
(A) The definitions in Schedule 1.2 shall
apply equally to both the singular and
plural forms of the terms defined.
Whenever the context may require, any
pronoun shall include the
corresponding masculine, feminine and
neuter forms. The words "include,"
"includes" and "including" shall be
deemed to be followed by the phrase
"without limitation". The words
"shall" and "will" are used
interchangeably through]out this
Agreement, and the use of either
connotes a mandatory requirement. The
use of one or the other shall not mean
a different degree or right or
obligation for either Party.
(B) References herein to Articles, Sections,
Exhibits and Schedules shall be deemed
to be references to Articles and
Sections of, and Exhibits and Schedules
to, this Agreement, unless the context
shall otherwise require.
(C) The headings of the Articles, Sections,
Exhibits and Schedules are inserted for
convenience of reference only and are not
intended to be a part of or to affect the
meaning or interpretation of this
Agreement.
(D) Unless the context shall otherwise
require, any reference to any agreement,
other instrument (including Ameritech,
21st Century or other third-party
offerings, guides or practices), statute,
regulation, rule or tariff is to such
agreement, instrument, statute,
regulation, rule or tariff, as amended and
supplemented from time to time (and, in
the case of a statute, regulation, rule or
tariff, to any successor provision).
(E) In the event of a conflict between the
provisions of this Agreement and the Act,
the provisions of the Act shall govern.
I.4 Joint Work Product. This Agreement is the joint work
product of the Parties and has been negotiated by the Parties and their
respective counsel and shall be fairly interpreted in accordance with its terms,
and, in the event of any ambiguities, no inferences shall be drawn against
either Party.
ARTICLE II
GENERAL SERVICE-RELATED PROVISIONS
II.1 Interconnection Activation Date. Subject to the terms
and conditions of this Agreement, Interconnection of the Parties' facilities and
equipment pursuant to Articles III and IV for the transmission and routing of
Telephone Exchange Service traffic and Exchange Access traffic, and
Interconnection of the Parties' facilities and equipment to provide 21st Century
access to Ameritech's unbundled Network Elements pursuant to Article IX, shall
be established on or before the corresponding "Interconnection Activation Date"
shown for each LATA and Interconnection Point set forth on Schedule 2.1. Any
estimated or new Interconnection Activation Dates sought by 21st Century shall
be subject to the principles set forth in Section 3.4.4. Schedule 2.1 may be
revised and supplemented from time to time upon the mutual agreement of the
Parties to reflect additional Interconnection Points, consistent with the terms
and conditions of this Agreement, by attaching one or more supplementary
schedules to such Schedule.
II.2 Bona Fide Request. Any request by a Party for certain
services, including features, capabilities, functionality, Network Elements or
Combinations that are not otherwise provided by the terms of this Agreement at
the time of such request, shall be made pursuant to the Bona Fide Request
process set forth on Schedule 2.2.
II.3 Technical References. Technical References that describe
the practices, procedures and specifications for certain services (and the
applicable interfaces relating thereto) are listed on Schedule 2.3 (the
"Technical Reference Schedule") to assist the Parties in meeting their
respective responsibilities hereunder.
ARTICLE III
INTERCONNECTION PURSUANT TO SECTION 251(c)(2)
III.1 Scope. Article III describes the physical architecture
for Interconnection of the Parties' facilities and equipment for the
transmission and routing of Telephone Exchange Service traffic and Exchange
Access traffic (including intraLATA and interLATA traffic) between the
respective business and residential Customers of the Parties pursuant to Section
251(c)(2) of the Act. Interconnection may not be used solely for the purpose of
originating a Party's own interexchange traffic. Each Party shall make available
to the other Party the same Interconnection methods on the same rates, terms and
conditions. Articles IV and V prescribe the specific logical trunk groups (and
traffic routing parameters) that will be configured over the physical
Interconnections described in this Article III related to the transmission and
routing of Telephone Exchange Service traffic and Exchange Access traffic,
respectively. Other trunk groups, as described in this Agreement, may be
configured using this architecture.
III.2 Interconnection Points and Methods
III.2.1 In each LATA identified on Schedule 2.1,
21st Century and Ameritech shall Interconnect their networks at the
correspondingly identified Interconnection Points on Schedule 2.1 for the
transmission and routing within that LATA of Telephone Exchange Service traffic
and Exchange Access traffic pursuant to Section 251(c)(2) of the Act.
III.2.2 Interconnection in each LATA shall be
accomplished at any technically feasible point of Interconnection (an
"Interconnection Point") by any technically feasible means, including (i) a
Fiber-Meet as provided in Section 3.3; (ii) Collocation at any technically
feasible Premise as provided in Article XII; or (iii) any other Interconnection
method to which the Parties may agree in advance of the applicable
Interconnection Activation Date for a given LATA and that is consistent with the
Act. For Interconnection methods other than a Fiber-Meet, 21st Century will have
the right to designate the Interconnection Point(s) in any LATA. For
Interconnection by Fiber-Meet, the Parties shall mutually agree on the
Interconnection Point. There will be at least one Interconnection Point per
LATA; however, 21st Century may designate additional Interconnection Points in
such LATA, subject to the terms and conditions of this Article III.
III.2.3 If 21st Century elects an Interconnection
method that requires Ameritech to Interconnect with 21st Century's facilities
via Collocation, 21st Century agrees to provide to Ameritech Collocation for
purposes of that Interconnection on a nondiscriminatory basis and on rates,
terms and conditions that are no less favorable than either (i) Ameritech
provides to 21st Century hereunder or (ii) 21st Century provides to other
similarly situated Telecommunications Carriers, unless 21st Century can
demonstrate and the Commission agrees that (x) 21st Century's cost to provide
Collocation to Ameritech are greater than Ameritech's costs to provide
Collocation to 21st Century or (y) 21st Century must make special arrangements
to provide such Collocation to Ameritech in its Central Offices.
III.2.4 Within ten (10) Business Days of a
Party's request of any Interconnection Point, the other Party shall provide any
information in its possession or of which it is aware regarding the
environmental conditions of the Interconnection Point, including the existence
and condition of asbestos, lead paint, hazardous substance contamination or
radon. The Parties acknowledge that a Party's obligation under this Section
3.2.4 shall only require such Party to review any existing internal records of
such Party. Nothing in this Section 3.2.4 shall require a Party to investigate
and/or monitor, contain, clean, remove, restore or perform any remedial work of
any kind or nature with respect to any environmental condition in or on such
Interconnection Point, other than as required by Applicable Law.
III.3 Fiber-Meet
III.3.1 If the Parties Interconnect their
networks pursuant to a Fiber-Meet, the Parties shall jointly engineer and
operate a single Synchronous Optical Network ("SONET") transmission system.
Unless otherwise mutually agreed, this SONET transmission system shall be
configured as illustrated in Exhibit A and engineered, installed, and maintained
as described in this Article III and in the Implementation Plan.
III.3.2 Ameritech shall, wholly at its own
expense, procure, install and maintain the Optical Line Terminating Multiplexor
("OLTM") equipment in the Ameritech Interconnection Wire Center ("AIWC")
identified for each LATA set forth on Schedule 2.1, in capacity sufficient to
provision and maintain all logical trunk groups prescribed by Articles IV and V.
III.3.3 21st Century shall, wholly at its own
expense, procure, install and maintain the OLTM equipment in the 21st Century
Interconnection Switching Center ("TISC") identified for that LATA in Schedule
2.1, in capacity sufficient to provision and maintain all logical trunk groups
prescribed by Articles IV and V.
III.3.4 Ameritech shall designate a manhole or
other suitable entry-way immediately outside the AIWC as a Fiber-Meet entry
point and shall make all necessary preparations to receive, and to allow and
enable 21st Century to deliver, fiber optic facilities into that manhole with
sufficient spare length to reach the OLTM equipment in the AIWC. 21st Century
shall deliver and maintain such strands wholly at its own expense. Upon verbal
request by 21st Century to Ameritech, Ameritech will allow 21st Century access
to the Fiber-Meet entry point for maintenance purposes as promptly as possible
after Ameritech's receipt of such request.
III.3.5 21st Century shall designate a manhole
or other suitable entry-way immediately outside the TISC as a Fiber-Meet entry
point and shall make all necessary preparations to receive, and to allow and
enable Ameritech to deliver, fiber optic facilities into that manhole with
sufficient spare length to reach the OLTM equipment in the TISC. Ameritech shall
deliver and maintain such strands wholly at its own expense. Upon verbal request
by Ameritech to 21st Century, 21st Century will allow Ameritech access to the
Fiber-Meet entry point for maintenance purposes as promptly as possible after
21st Century's receipt of such request.
III.3.6 21st Century shall pull the fiber
optic strands from the 21st Century-designated manhole/entry-way into the TISC
and through appropriate internal conduits 21st Century utilizes for fiber optic
facilities and shall connect the Ameritech strands to the OLTM equipment 21st
Century has installed in the TISC.
III.3.7 Ameritech shall pull the fiber optic
strands from the Ameritech-designated manhole/entry-way into the AIWC and
through appropriate internal conduits Ameritech utilizes for fiber optic
facilities and shall connect the 21st Century strands to the OLTM equipment
Ameritech has installed in the AIWC.
III.3.8 Each Party shall use its best efforts to
ensure that fiber received from the other Party will enter that Party's
Switching Center or Wire Center through a point separate from that through which
such Party's own fiber exited.
III.3.9 For Fiber-Meet arrangements, each
Party will be responsible for (i) providing its own transport facilities to the
Fiber-Meet in accordance with the Implementation Plan and (ii) the cost to
build-out its facilities to such Fiber-Meet.
III.4 Interconnection in Additional LATAs
III.4.1 If 21st Century determines to offer
Telephone Exchange Services within Ameritech's service areas in any additional
LATA, 21st Century shall provide written notice to Ameritech of its need to
establish Interconnection in such LATA pursuant to this Agreement.
III.4.2 The notice provided in Section 3.4.1
shall include (i) the Interconnection Point 21st Century has designated (or if
such Interconnection is pursuant to a Fiber-Meet, the Interconnection Point 21st
Century requests) in the new LATA; (ii) 21st Century's requested Interconnection
Activation Date; and (iii) a non-binding forecast of 21st Century's trunking
requirements.
III.4.3 Unless otherwise agreed by the Parties,
the Parties shall designate the Interconnection Point 21st Century has
identified on Schedule 2.1 as its initial Routing Point in the LATA as the TISC
in that LATA and shall designate the Ameritech Tandem Office Wire Center within
the LATA nearest to the TISC (as measured in airline miles utilizing the V&H
coordinates method) as the AIWC in that LATA.
III.4.4 Unless otherwise agreed by the Parties,
the Interconnection Activation Date in each new LATA shall be the earlier of (i)
the date mutually agreed by the Parties and (ii) the date that is no more than
one hundred fifty (150) days after the date on which 21st Century delivered
notice to Ameritech pursuant to Section 3.4.1. Within ten (10) Business Days of
Ameritech's receipt of 21st Century's notice specified in Section 3.4.1,
Ameritech and 21st Century shall confirm the Interconnection Point and the
Interconnection Activation Date for the new LATA by attaching a supplementary
schedule to Schedule 2.1.
III.5 Additional Interconnection in Existing LATAs. If 21st
Century wishes to establish additional Interconnection Points in any LATA, then
21st Century will provide notice to Ameritech consistent with the notice
provisions of Section 3.4.1 and Section 3.4.2. The Interconnection Activation
Date shall be consistent with the provisions of Section 3.4.4. If either Party
establishes an additional Tandem Switch in a given LATA, the Parties shall
jointly determine the requirements regarding the establishment and maintenance
of separate trunk group connections and the sub-tending arrangements relating to
Tandem Switches and End Offices that serve the other Party's Customers within
the Exchange Areas served by such Tandem Switches.
III.6 Nondiscriminatory Interconnection. Interconnection shall
be equal in quality to that provided by the Parties to themselves or any
subsidiary, Affiliate or other person. For purposes of this Section 3.6, "equal
in quality" means the same technical criteria and service standards that a Party
uses within its own network. If 21st Century requests an Interconnection that is
of a different quality than that provided by Ameritech to itself or any
subsidiary, Affiliate or other person, such request shall be treated as a Bona
Fide Request and established upon rates, terms and conditions consistent with
the Act.
III.7 Network Management.
III.7.1 21st Century and Ameritech shall work
cooperatively to install and maintain a reliable network. 21st Century and
Ameritech shall exchange appropriate information (e.g., maintenance contact
numbers, network information, information required to comply with law
enforcement and other security agencies of the government, and such other
information as the Parties shall mutually agree) to achieve this desired
reliability.
III.7.2 21st Century and Ameritech shall work
cooperatively to apply sound network management principles by invoking network
management controls to alleviate or to prevent congestion.
3.7.3 Ameritech shall, upon the request of 21st
Century, provide the following network information, subject to any necessary
privacy or proprietary safeguards:
(a) Points of Interconnection available on the Ameritech
network;
(b) List of all local exchanges, and for each local
exchange, the NXXs that are defined as within
Ameritech's "local calling areas;"
(c) Switch locations (including Tandems and End Offices);
(d) Location of Network Interface Devices and types
thereof; and
(e) Location and type of feeder distribution interfaces.
III.8 Standards of Performance
III.8.1 Each Party shall provide the other Party
Interconnection (i) in accordance with Section 3.6 as determined by this Section
3.8 and (ii) as required by the Commission (collectively, the "Interconnection
Performance Benchmarks").
III.8.2 To determine a Party's compliance with
the Interconnection Performance Benchmarks, each Party shall maintain separate
records of the specific criteria listed on Schedule 3.8 (each, an
"Interconnection Performance Activity") relating to Interconnection that it
provides to itself, its subsidiaries and Affiliates (the "Providing Party's
Interconnection Records") and to other LECs (the "Other LEC Interconnection
Records") and parallel records of the Interconnection that the Providing Party
provides to the other Party (the "Other Party's Interconnection Records") and
shall use the methods described in Schedule 3.8 to calculate Interconnection
Performance Activity and determine compliance with such Interconnection
Performance Activity and with such additional criteria to which the Parties may
agree upon, including those regarding Ameritech's compliance with different
performance levels and intervals requested by 21st Century and provided by
Ameritech pursuant to Section 3.6 and a Bona Fide Request.
III.8.3 The Providing Party shall provide to the
other Party for each calendar month (the "Reporting Period"), by the
twenty-second (22nd) day of the following month, in a
self-reporting format, the Providing Party's Interconnection Records, the Other
LEC Interconnection Records and the Other Party's Interconnection Records so
that the Parties can determine the Providing Party's compliance with the
Interconnection Performance Benchmarks. If (i) the Providing Party fails to
comply with an Interconnection Performance Benchmark with respect to an
Interconnection Performance Activity for a Reporting Period, (ii) the sample
size of the Interconnection Performance Activity measured for such Reporting
Period is statistically valid and (iii) the amount by which the applicable
Interconnection Performance Activity deviates from the corresponding
Interconnection Performance Benchmark is statistically significant, then the
Providing Party shall have committed a "Specified Performance Breach".
Notwithstanding anything to the contrary in this Section 3.8, the Parties
acknowledge that (x) the Providing Party shall not be required to provide to the
other Party those Other LEC Interconnection Records that correspond to and
measure levels of quality and performance levels and intervals of
Interconnection that are requested by an other LEC pursuant to 47 C.F.R. ss.
51.305(a)(4); (y) the Other LEC Interconnection Records shall be provided to the
other Party on an aggregate basis; and (z) such Other LEC Interconnection
Records shall be provided to the other Party in a manner that preserves the
confidentiality of each other LEC and any of such LEC's proprietary information
(including CPNI).
III.8.4 In no event shall the Providing Party
be deemed to have committed a Specified Performance Breach if the Providing
Party's failure to meet or exceed an Interconnection Performance Activity is
caused by a Delaying Event. If a Delaying Event (i) prevents the Providing Party
from performing a certain function or action that affects an Interconnection
Performance Activity, then such occurrence shall be excluded from the
calculation of such Interconnection Performance Activity and the determination
of the Providing Party's compliance with the applicable Interconnection
Performance Benchmark or (ii) only suspends the Providing Party's ability to
timely perform such Interconnection Performance Activity, then the applicable
time-frame in which the Providing Party's compliance with the Interconnection
Performance Benchmark is measured shall be extended on a like-time basis equal
to the duration of such Delaying Event.
III.8.5 Upon the occurrence of a Specified
Performance Breach by the Providing Party, the other Party may forego the
dispute escalation procedures set forth in Section 28.3 and (i) bring an action
against the Providing Party in an appropriate Federal district court, (ii) file
a complaint with the FCC pursuant to Sections 207 or 208 of the Act, (iii) seek
a declaratory ruling from the FCC, (iv) file a complaint in accordance with the
rules, guidelines and regulations of the Commission and/or (v) seek other relief
under Applicable Law.
III.8.6 The other Party shall also be entitled to
any Credit Allowances pursuant to the same terms and conditions that the
Providing Party offers Credit Allowances to its Customers, including those
described on Schedule 10.9.6.
III.9 9-1-1 Service
III.9.1 Ameritech shall provide 9-1-1 Service
(or E9-1-1 or S9-1-1 Service if required by the applicable municipality) to 21st
Century's Customers on the same basis that Ameritech provides 9-1-1 Service to
its own Customers in the municipality where such 9-1-1 Service is provided
pursuant to the terms and conditions set forth in this Section 3.9 in each Rate
Center in which (i) 21st Century is authorized to provide local exchange
services and (ii) Ameritech is the 9-1-1 service provider.
III.9.2 Service and Facilities Provided.
(A) Ameritech will provide 21st Century with
multiplexing at a designated Ameritech
Central Office at the rates set forth at
Item I of the Pricing Schedule.
Ameritech will also provide 21st Century
with trunking from the Ameritech Central
Office to the designated Ameritech
Control Office(s) with sufficient
capacity to route 21st Century's
originating 9-1-1 calls over Service
Lines to the designated primary PSAP or
to designated alternate locations. Such
trunking will be provided at the rates
set forth at Item I of the Pricing
Schedule. If 21st Century forwards the
ANI information of the calling party to
the Control Office, Ameritech will
forward that calling number and the
associated street address to the PSAP
for display. If no ANI is forwarded by
21st Century, Ameritech will display a
Central Office identification code for
display at the PSAP.
(B) 21st Century will provide itself, or
lease from a third person, the necessary
trunking to route originating 9-1-1
traffic from 21st Century's Switches to
the Ameritech Control Office(s). The
point of Interconnection for 21st
Century's Primary and Diverse Routes,
where available, to the mux/co-location
and 9-1-1 Control Offices is at the
Ameritech Central Office. If Diverse
Routes are not available, Ameritech
shall, at the request of 21st Century,
provide diversity to 21st Century, and
21st Century shall pay local channel
mileage charges for Diverse Routes as
set forth at Item I of the Pricing
Schedule. 21st Century will be
responsible for determining the proper
quantity of trunks from its switches to
the Ameritech Central Office(s). Trunks
between the Ameritech Central Office and
the Ameritech Control Office shall be
delivered by Ameritech within twenty
(20) Business Days following order by
21st Century. Following delivery, 21st
Century and Ameritech will cooperate to
promptly test all transport facilities
between 21st Century's network and the
Ameritech Control Office to assure
proper functioning of the 9-1-1 service.
(C) Ameritech will provide to 21st Century
in paper, on diskette or mechanized
format information (the "9-1-1 A&R
Information") that
will (i) enable 21st Century to make
pre-edits to validate the street
addresses of 21st Century Customers
and (ii) specify which 9-1-1 Control
Office serves as the jurisdictional
9-1-1 answering point for Customers
within the Exchange Areas served by
21st Century. The 9-1-1 A&R
Information will be provided by
exchange rate center or community
upon request. A specified charge as
set forth at Item I of the Pricing
Schedule will apply per request.
Until such time as a mechanized
process for provision of this
information is made available by
Ameritech, Ameritech shall provide
to 21st Century in a paper format
any updates to the 9-1-1 A&R
Information on a quarterly basis or
as soon as reasonably practicable
after such updates occur. Ameritech
will provide 21st Century the format
rules and definitions of 9-1-1 A&R
Information at the time it provides
such 9-1-1 A&R Information.
(D) Ameritech will coordinate access to the
Ameritech ALI database for the initial
loading and updating of 21st Century
Customer information. Access coordination
will include:
(1) Ameritech-provided format
requirements and a delivery
address for 21st Century to
supply an electronic version
of Customer telephone numbers,
addresses and other
information, both for the
initial load and, where
applicable, daily updates.
Ameritech shall confirm
receipt of this data as
described in Section 3.9.2(h);
(2) Coordination of error
resolution involving entry
and update activity;
(3) Provisioning of specific
9-1-1 routing information on
each access line;
(4) Updating the Ameritech ALI
database from paper records of
service order activity
supplied by 21st Century is
optional. The charge for this
service is separate and set
forth at Item I of the Pricing
Schedule under the category
"Optional Manual Update"; and
(5) Providing 21st Century with
reference data required to
ensure that 21st Century's
Customer will be routed to the
correct Control Office when
originating a 9-1-1 call.
(E) 21st Century shall pay Ameritech a
one-time charge, as set forth at Item I of
the Pricing Schedule, per 9-1-1 Control
Office trunk group (the "9-1-1 Control
Office Software Enhancement Connection
Charge"). Although the services offered in
this Agreement and the
charges set forth at Item I of the
Pricing Schedule contemplate that
each NXX will reside in a single
Control Office, 21st Century may, at
its sole option, designate that an
NXX shall reside in more than one
9-1-1 Control Office.
(F) In the event of an Ameritech or 21st
Century 9-1-1 trunk group failure, the
Party that owns the trunk group will
notify, on a priority basis, the other
Party of such failure, which notification
shall occur within two (2) hours of the
occurrence or sooner if required under
Applicable Law. The Parties will exchange
a list containing the names and telephone
numbers of the support center personnel
responsible for maintaining the 9-1-1
Service between the Parties.
(G) Ameritech will provide the order number
and circuit identification code in advance
of the service due date.
(H) 21st Century or its third-party agent
will provide CNA data to Ameritech for
use in entering the data into the 9-1-1
database. The initial CNA data will be
provided to Ameritech in a format
prescribed by Ameritech. 21st Century is
responsible for providing Ameritech
updates to the CNA data and error
corrections that may occur during the
entry of CNA data to the Ameritech 9-1-1
Database System. 21st Century shall
reimburse Ameritech for any additional
database charges, if any, incurred by
Ameritech for errors in CNA data updates
caused by 21st Century or its
third-party agent. Ameritech will
confirm receipt of such data and
corrections by the next Business Day by
providing 21st Century with a report of
the number of items sent, the number of
items entered correctly, and the number
of errors.
(I) 21st Century will monitor the 9-1-1
circuits for the purpose of determining
originating network traffic volumes. 21st
Century will notify Ameritech if the
traffic study information indicates that
additional circuits are required to meet
the current level of 9-1-1 call volumes.
(J) Incoming trunks for 9-1-1 shall be
engineered to assure minimum P.01 grade of
service, as measured using the "busy
day/busy hour" criteria.
(K) All 9-1-1 trunks must be capable of
transmitting and receiving Baudot code
necessary to support the use of
Telecommunications Devices for the Deaf
(TTY/TDDs).
(L) 21st Century shall be responsible for
reporting all errors, defects and
malfunctions to Ameritech. Ameritech shall
provide 21st Century
with the point of contact for
reporting errors, defects and
malfunctions in the service and
shall also provide escalation
contacts.
III.9.3 Compensation.
In addition to the amounts specified in Section 3.9.2,
21st Century shall compensate Ameritech as set forth at Item I of the Pricing
Schedule.
III.9.4 Ameritech is not liable for the accuracy
and content of CNA data that 21st Century
delivers to Ameritech. 21st Century is
responsible for maintaining the accuracy
and content of that data as delivered.
However, as custodian of the data,
Ameritech must exercise reasonable care of
the data.
III.9.5 Database and Network Requirements.
The Implementation Team shall identify that information
that 21st Century must provide Ameritech so that Ameritech can provide 21st
Century with the 9-1-1 services described herein.
ARTICLE IV
TRANSMISSION AND ROUTING OF
TRAFFIC PURSUANT TO SECTION 251(c)(2)
IV.1 Scope of Traffic. Article IV prescribes parameters for
trunk groups (the "Local/IntraLATA Trunks") to be effected over the
Interconnections specified in Article III for the transmission and routing of
Local Traffic and IntraLATA Toll Traffic between the Parties' respective
Telephone Exchange Service Customers. Subject to Section 5.1, Exchange Access
traffic may also be routed over the Local/Intra LATA trunks pursuant to the
terms and conditions of this Article IV.
IV.2 Limitations. Until the Multijurisdictional Trunk Date
(as defined in Article V), no Party shall terminate Exchange Access traffic or
originate untranslated 800/888 traffic over Local/IntraLATA Interconnection
Trunks.
IV.3 Trunk Group Architecture and Traffic Routing. The
Parties shall engineer and configure Local/IntraLATA Trunks over the physical
Interconnection arrangements as follows:
IV.3.1 The Parties shall initially configure
either a one (1)-way or two (2)-way trunk group as agreed upon by the Parties as
a direct transmission path through the Interconnection Points specified in
Schedule 2.1. 21st Century shall specify the level of trunking: DS0, DS1 or,
where available, higher, consistent with the forecasting requirements in Section
19.5.2. 21st Century shall compensate Ameritech for the charges associated with
a percentage of the forecasted trunks, to be determined by the Implementation
Team, whether such capacity is actually used by 21st Century. 21st Century's
obligation to compensate Ameritech,
however, shall not commence until such time that permanent rates for unbundled
Network Elements are determined by the regulatory body(ies) of the appropriate
jurisdiction and become effective. The Implementation Team shall determine the
procedures for forecasting and reporting 21st Century's trunking requirements
and shall determine the minimum volume commitments by 21st Century.
IV.3.2 Ameritech shall ensure that each Tandem
connection permits the transport of traffic to all End Offices that sub-tend
such Tandem to which transport is technically feasible. Each Party shall
establish and maintain separate logical trunk groups connected to each Ameritech
Tandem that serves, or is sub-tended by End Offices that serve, Customers within
the Exchange Areas served by such Tandem Switches. Only those valid NXX codes
served by an End Office may be accessed through a direct connection to that End
Office.
IV.3.3 Tandem Exhaust. If a Tandem through
which the Parties are Interconnected is unable to, or is forecasted to be unable
to, support additional traffic loads for any Busy Season, the Parties will
mutually agree on an End Office trunking plan that will alleviate the Tandem
capacity shortage and ensure completion of traffic between 21st Century and
Ameritech Customers. For purposes of this Agreement, "Busy Season" means any
three (3) consecutive month period.
IV.3.4 Traffic Volume. The Parties will
install and retain direct End Office trunking sufficient to handle actual or
reasonably forecasted traffic volumes, whichever is greater, between an 21st
Century switching center and an Ameritech End Office where traffic exceeds or is
forecast to exceed five hundred (500) Busy Hour CCS or nine hundred (900) busy
hour minutes of use for a six (6)-week period. The Parties will install
additional capacity between such points when overflow traffic between the 21st
Century switching center and Ameritech access Tandem exceeds or is forecast to
exceed five hundred (500) Busy Hour CCS or nine hundred (900) busy hour minutes
of use for such six (6)-week period.
IV.3.5 Mutual Agreement. As mutually agreed
upon by the Parties, the Parties may install additional direct End Office
trunking in the absence of the conditions set forth in Sections 4.3.3 and 4.3.4
above.
IV.4 Signaling
IV.4.1 Where available, Common Channel
Interoffice Signaling (CCIS) signaling shall be used by the Parties to set up
calls between the Parties' Telephone Exchange Service networks. Each Party shall
supply Calling Party Number (CPN) within the SS7 signaling message, if
available. If CCIS is unavailable, MF (Multi-Frequency) signaling shall be used
by the Parties. Each Party is responsible for providing its portion of the
signaling links and ports on its STPs necessary to provide CCIS signaling to
support the exchange of traffic under this Agreement. Each Party shall charge
the other Party equal and reciprocal rates for CCIS signaling, as set forth at
Item V on the Pricing Schedule.
IV.4.2 Each Party is responsible for
requesting Interconnection to the other Party's CCIS network where SS7 signaling
on the trunk group(s) is desired. Each Party shall connect to a pair of access
STPs in each LATA where traffic will be exchanged or shall arrange for signaling
connectivity through a third-party provider that is connected to the other
Party's signaling network. The Parties shall establish Interconnection at the
STP.
IV.4.3 The Parties will cooperate on the
exchange of Transactional Capabilities Application Part (TCAP) messages to
facilitate interoperability of CCIS-based features between their respective
networks, including all CLASS features and functions, to the extent each Party
offers such features and functions to its Customers. All CCIS signaling
parameters will be provided, including Calling Party Number (CPN), Originating
Line Information (OLI), calling party category and charge number. For
terminating Exchange Access, such information shall be passed by a Party to the
extent that such information is provided to such Party.
IV.4.4 Where available, and upon the request of
the other Party, each Party shall cooperate to ensure that its trunk groups are
configured utilizing the B8ZS ESF protocol for 64 Kbps clear channel
transmission to allow for ISDN interoperability between the Parties' respective
networks.
IV.5 Grades of Service. The Parties shall initially engineer
and shall jointly monitor and enhance all trunk groups consistent with the
Implementation Plan. A blocking standard of one percent (0.01) during the
average busy hour, as defined by industry standards, shall be maintained.
IV.6 Measurement and Billing. The Parties shall measure
Interconnection in accordance with this Section 4.6 and xxxx in accordance with
Article XXVII and this Section 4.6.
IV.6.1 For billing purposes, each Party shall
pass Calling Party Number (CPN) information on each call that it originates over
the Local/IntraLATA Trunks; provided that all calls exchanged without CPN
information shall be billed as either Local Traffic or IntraLATA Toll Traffic
based upon a percentage of local usage (PLU) factor calculated based on the
amount of actual volume during the preceding three (3) months. The factors will
be reevaluated every three (3) months and provided to the other Party within
twenty (20) calendar days after the end of each quarter. If a PLU factor is not
provided, the one already in effect stays in effect (i.e., no default). If
either Party fails to pass at least ninety percent (90%) of calls with CPN that
it originates within a monthly period on a specific trunk, then either Party may
require that separate trunk groups for Local Traffic and IntraLATA Toll Traffic
and, if applicable, Exchange Access Traffic be established for that specific
trunk.
On and after the Multijurisdictional Trunk Date, the Parties shall
also exchange percent of interstate usage (PIU) factors to distinguish between
types of traffic that are exchanged without CPN.
IV.6.2 21st Century and Ameritech agree to
exchange such reports and/or data as provided in this Section 4.6 to facilitate
the proper billing of traffic. Either Party may
request an examination pursuant to Section 28.2 of such usage reports upon
thirty (30) days' written notice. Such examination shall be requested within six
(6) months of having received the PLU factor and usage reports from the other
Party and shall be performed during normal business hours.
IV.6.3 Measurement of Telecommunications
traffic billed hereunder shall be (i) in actual conversation time for Local
Traffic and (ii) in accordance with applicable tariffs for all other types of
Telecommunications traffic. The total conversation seconds will be totaled for
the entire monthly xxxx cycle and then rounded to the next whole minute.
IV.7 Reciprocal Compensation Arrangements -- Section
251(b)(5). Compensation for the transport and termination of Local Traffic and
IntraLATA Toll Traffic shall be pursuant to this Section 4.7. Compensation for
the transport and termination of any Exchange Access Traffic shall be pursuant
to Article VI.
IV.7.1 Reciprocal Compensation applies for
transport and termination of Local Traffic billable by Ameritech or 21st Century
that a Telephone Exchange Service Customer originates on Ameritech's or 21st
Century's network for termination on the other Party's network. The Parties
shall compensate each other for such transport and termination of Local Traffic
at the rates provided at Item II of the Pricing Schedule; provided that when
Ameritech terminates Local Traffic to 21st Century, Ameritech shall only be
required to pay 21st Century the rate for End Office Local Termination.
IV.7.2 The Reciprocal Compensation
arrangements set forth in this Agreement are not applicable to Switched Exchange
Access Service. All Switched Exchange Access Service and all IntraLATA Toll
Traffic shall continue to be governed by the terms and conditions of the
applicable federal and state tariffs.
IV.7.3 Each Party shall charge the Other Party
its effective applicable federal- and state-tariffed IntraLATA FGD-switched
access rates for the transport and termination of all IntraLATA Toll Traffic.
IV.7.4 Compensation for transport and
termination of all traffic that has been subject to performance of INP by one
Party for the other Party pursuant to Article XIII shall be as specified in
Section 13.8.
ARTICLE V
TRANSMISSION AND ROUTING OF EXCHANGE
ACCESS TRAFFIC PURSUANT TO 251(c)(2)
V.1 Scope of Traffic. Article V prescribes parameters for
certain trunk groups ("Access Toll Connecting Trunks") to be established over
the Interconnections specified in Article III for the transmission and routing
of Exchange Access traffic and non-translated 800 traffic between 21st Century
Telephone Exchange Service Customers and Interexchange Carriers. Until such time
as the Parties mutually agree that it is "technically feasible" to route
Exchange Access traffic over the Local/IntraLATA Trunks (the
"Multijurisdictional Trunk Date"), Exchange Access traffic shall be routed
pursuant to this Article V. For purposes of this Section 5.1, "technically
feasible" shall include the ability to route Exchange Access traffic between a
Local Exchange Carrier and an Interexchange Carrier over the Local/IntraLATA
Trunks with (i) the necessary signaling to ensure proper termination of such
traffic and (ii) the measurement and recording by both Parties in their
Switching Centers or Wire Centers of call detail information sufficient to meet
the billing and auditability requirements of Interexchange Carriers. On or after
the Multijurisdictional Trunk Date, at 21st Century's option, Exchange Access
traffic shall be routed over the Local/IntraLATA Trunks pursuant to Article IV.
Notwithstanding anything to the contrary contained herein, compensation for
routing of Exchange Access traffic shall be pursuant to Article VI.
V.2 Trunk Group Architecture and Traffic Routing
5.2.1 The Parties shall jointly establish Access
Toll Connecting Trunks by which they will jointly
provide Tandem-transported Switched Exchange Access Services to Interexchange
Carriers to enable such Interexchange Carriers to originate and terminate
traffic from and to 21st Century's Customers.
5.2.2 Access Toll Connecting Trunks shall
be used solely for the transmission and routing of Exchange Access and
non-translated Toll Free traffic (e.g., 800/888) to allow 21st Century's
Customers to connect to or be connected to the interexchange trunks of any
Interexchange Carrier that is connected to an Ameritech access Tandem.
5.2.3 The Access Toll Connecting Trunks shall
be two-way trunks connecting an End Office Switch that 21st Century utilizes to
provide Telephone Exchange Service and Switched Exchange Access Service in a
given LATA to an access Tandem Switch Ameritech utilizes to provide Exchange
Access in such LATA.
V.3 Logical Trunk Groups. In each LATA identified on
Schedule 2.1, each 21st Century Switching Center Switch in that LATA shall
subtend each Ameritech access Tandem in that LATA via logical trunk groups, as
provided in Section 4.3.2.
V.4 End Office Access. Only those valid NXX codes served by
an End Office may be accessed through a direct connection to that End Office.
ARTICLE VI
MEET-POINT BILLING ARRANGEMENTS
VI.1 Meet-Point Billing Services
VI.1.1 Pursuant to the procedures described in
Multiple Exchange Carrier Access Billing ("MECAB") document SR-BDS-000983, issue
5, June 1994, the Parties shall provide to each other the Switched Access Detail
Usage Data and the Switched Access Summary Usage Data to xxxx for jointly
provided switched access service, such as switched access Feature Groups B and
D. The Parties agree to provide this data to each other at no charge. If the
procedures in the MECAB document are amended or modified, the Parties shall
implement such amended or modified procedures within a reasonable period of
time. The billing procedures set forth in this Article VI shall remain in effect
until such time as both Parties mutually agree in writing to a billing
arrangement to supersede Meet-Point Billing.
VI.1.2 21st Century shall designate access
Tandems or any other reasonable facilities or points of Interconnection for the
purpose of originating or terminating IXC traffic. For each such access Tandem
designated, the Parties shall mutually agree upon a billing percentage as set
forth in Schedule 6.0 and shall further agree, within thirty (30) days of the
Effective Date,3/ upon billing percentages for additional routes, which billing
percentages shall be set forth in Schedule 6.0 as amendments hereto. Either
Party may make this billing percentage information available to IXCs. The
billing percentages shall be calculated according to one of the methodologies
specified for such purposes in the MECAB document.
VI.1.3 The Parties shall undertake all
reasonable measures to ensure that the billing percentage and associated
information are maintained in their respective federal and state access tariffs,
as required, until such time as such information can be included in the National
Exchange Association ("NECA") FCC Tariff No. 4. 21st Century shall use its best
efforts to include in such tariff the billing percentage and associated
information as a non-member of NECA.
VI.1.4 Each Party shall implement the "Multiple
Xxxx/Single Tariff" option in order to xxxx the IXC for each Party's own portion
of jointly provided Telecommunications Service.
VI.2 Data Format and Data Transfer
VI.2.1 Necessary billing information will be
exchanged on magnetic tape or via electronic data transfer (when available)
using the EMR format. The Parties shall agree to a fixed billing period in the
Implementation Plan.
---------------
3/ Because the terms of this Agreement are the result of 21st Century's
adoption under Section 252(i) of the Act of the MCI Agreement (as
defined in Footnote 11), the Parties agree that the term "Effective
Date", for purposes of this Section 6.1.2, shall mean April 20, 1998.
VI.2.2 21st Century shall provide to Ameritech,
on a monthly basis, the Switched Access Summary Usage Data (category 1150XX
records) on magnetic tape or, when available, via electronic data transfer using
the EMR format.
VI.2.3 Ameritech shall provide to 21st Century,
on a daily basis, the Switched Access Detail Usage Data (category 1101XX
records) on magnetic tape no later than fourteen (14) Business Days from the
usage recording date. Where available, Ameritech shall instead provide the
information via daily electronic data transfer (e.g., EDI) via dedicated
dial-up, using EMR format. Ameritech and 21st Century shall use best efforts to
utilize electronic data transfer.
VI.2.4 Each Party shall coordinate and exchange
the billing account reference ("BAR") and billing account cross reference
("BACR") numbers for the Meet-Point Billing service. Each Party shall notify the
other Party if the level of billing or other BAR/BACR elements change, resulting
in a new BAR/BACR number.
VI.2.5 When Ameritech records on behalf of
21st Century and Access Detail Usage Data is not submitted to 21st Century by
Ameritech in a timely fashion or if such Access Detail Usage Data is not in
proper format as previously defined and if as a result 21st Century is delayed
in billing IXC, then late payment charges will be payable by Ameritech to 21st
Century. Late payment charges will be calculated on the total amount of late
access usage at the rate of 0.000493% per day (annual percentage rate of
eighteen percent (18%)) compounded daily for the number of days late.
VI.2.6 If Summary Access Usage Data is not
submitted to Ameritech in a timely fashion or if it is not
in proper format as previously defined and if as a result Ameritech is delayed
in billing IXC, then late payment charges will be payable by 21st Century to
Ameritech. Late payment charges will be calculated on the total amount of late
access usage charges at the rate of 0.000493% per day (annual percentage rate of
eighteen percent (18%)) compounded daily for the number of days late. Excluded
from this provision will be any detailed usage records not provided by the SBC
in a timely fashion.
VI.3 Errors or Loss of Access Usage Data
VI.3.1 Errors may be discovered by 21st
Century, the IXC or Ameritech. Each Party agrees to use reasonable efforts to
provide the other Party with notification of any discovered errors within two
(2) Business Days of such discovery.
VI.3.2 In the event of a loss of data, both
Parties shall cooperate to reconstruct the lost data. If such reconstruction is
not possible, the Parties shall use a reasonable estimate of the lost data,
based on twelve (12) months of prior usage data; provided that if twelve (12)
months of prior usage data is not available, the Parties shall base the estimate
on as much prior usage data that is available; provided, however, that if
reconstruction is required prior to the availability of at least three (3)
months of prior usage data, the Parties shall defer such reconstruction until
three (3) months of prior usage data is available.
VI.4 Payment. The Parties shall not charge one another for
the services rendered pursuant to this Article VI.
ARTICLE VII
BLV/BLVI TRAFFIC
VII.1 Busy Line Verification. Busy Line Verification ("BLV")
is performed when one Party's Customer requests assistance from the operator
bureau to determine if the called line is in use; provided, however, the
operator bureau will not complete the call for the Customer initiating the BLV
inquiry. Only one BLV attempt will be made per Customer operator bureau call.
VII.2 Busy Line Verification Interrupt. Busy Line Verification
Interrupt ("BLVI") is performed when one Party's operator bureau interrupts a
telephone call in progress after BLV has occurred. The operator bureau will
interrupt the busy line and inform the called party that there is a call
waiting. The operator bureau will only interrupt the call and will not complete
the telephone call of the Customer initiating the BLVI request. The operator
bureau will make only one BLVI attempt per Customer operator telephone call, and
the applicable charge applies whether or not the called party releases the line.
VII.3 BLV/BLVI Traffic. Each Party's operator bureau shall
accept BLV and BLVI inquiries from the operator bureau of the other Party in
order to allow transparent provision of BLV/BLVI Traffic between the Parties'
networks. Each Party shall route BLV/BLVI Traffic inquiries over separate direct
trunks (and not the Local/IntraLATA Trunks) established between the Parties'
respective operator bureaus. Unless otherwise mutually agreed, the Parties shall
configure BLV/BLVI trunks over the Interconnection architecture defined in
Article III, consistent with the Plan.
VII.4 BLV/BLVI Compensation. Each Party shall compensate the
other Party for BLV/BLVI Traffic as set forth at Item IV of the Pricing
Schedule.
ARTICLE VIII
TRANSIT SERVICE
VIII.1 Although Ameritech is not required to provide Transit
Service by the Act, Ameritech shall provide 21st Century Transit Service as
provided in this Article VIII.
VIII.2 Transit Service Defined. "Transit Service" means the
delivery of certain traffic between 21st Century and a third-party LEC or CMRS
provider by Ameritech over the Local/IntraLATA Trunks. Transit Service shall be
provided only at Ameritech's Tandem Switches and not at any Ameritech End
Office. The following traffic types will be delivered: (i) Local Traffic and
IntraLATA Toll Traffic originated from 21st Century to such third-party LEC
or CMRS provider and (ii) IntraLATA Toll Traffic originated from such
third-party LEC or CMRS provider and terminated to 21st Century where Ameritech
carries such traffic pursuant to the Commission's primary toll carrier ("PTC")
plan or other similar plan.
VIII.3 Compensation for Transit Service. The Parties shall
compensate each other for Transit Service as follows:
8.3.1 For Local Traffic and IntraLATA Toll Traffic originating
from 21st Century that is delivered over the Transit
Service ("Transit Traffic"):
(a) 21st Century shall:
(1) Pay to Ameritech a Transit
Service charge as set forth
at Item II of the Pricing
Schedule; and
(2) Reimburse Ameritech for any
charges, including switched
access charges, that a
third-party LEC or CMRS
provider with which Ameritech
does not have a Transit
Service agreement similar to
that set forth in this Article
VIII imposes or levies on
Ameritech for delivery or
termination of any such
Transit Traffic.
(b) Ameritech shall remit to 21st Century any
access charges Ameritech receives from
such third-party LEC or CMRS provider in
connection with the delivery of such
Transit Traffic.
8.3.2 For Local Traffic and IntraLATA Toll Traffic that is to
be terminated to 21st Century from a third-party LEC or
CMRS provider (i) that is not subject to PTC
arrangements (regardless of whether Ameritech is the
PTC) and (ii) Ameritech has a transiting arrangement
with such third-party LEC or CMRS provider that
authorizes Ameritech to deliver such traffic to 21st
Century ("Other Party Transit Agreement"), then
Ameritech shall deliver such Local Traffic and IntraLATA
Toll Traffic to 21st Century in accordance with the
terms and conditions of such Other Party Transit
Agreement, and such third-party LEC or CMRS provider
(and not 21st Century) shall be responsible to pay
Ameritech the applicable Transit Service charge.
8.3.3 For IntraLATA Toll Traffic that is subject to a PTC
arrangement and where Ameritech is the PTC, Ameritech
shall deliver such IntraLATA Toll Traffic to or from
21st Century in accordance with the terms and conditions
of such PTC arrangement.
VIII.4 Duration of Obligation. While the Parties agree that it
is the responsibility of each third-party LEC or CMRS provider to enter into
arrangements to deliver Local Traffic and IntraLATA Toll Traffic to 21st
Century, they acknowledge that such arrangements are not currently in place and
an interim arrangement is necessary to ensure traffic completion.
Accordingly, until the earlier of (i) the date on which either Party has entered
into an arrangement with such third-party LEC or CMRS provider to deliver Local
Traffic and IntraLATA Toll Traffic to 21st Century and (ii) the termination of
this Agreement, Ameritech will provide 21st Century with Transit Service.
VIII.5 Signaling. Ameritech expects that all networks involved
in transit traffic will deliver each call to each involved network with CCIS and
the appropriate Transactional Capabilities Application Part ("TCAP") message to
facilitate full interoperability and billing functions, and to the extent such
CCIS and TCAP messages are delivered by the originating third-party LEC or CMRS
provider, Ameritech will deliver such information to the terminating third-party
LEC or CMRS provider. In all cases, 21st Century is responsible to follow the
Exchange Message Record ("EMR") standard and exchange records with both
Ameritech and the terminating LEC or CMRS provider to facilitate the billing
process to the originating network.
VIII.6 Nondiscrimination. For purposes of this Article VIII,
Ameritech agrees that it shall make available to 21st Century, at 21st Century's
sole option, any transiting arrangement Ameritech offers to another LEC at the
same rates, terms and conditions provided to such other LEC.
ARTICLE IX
UNBUNDLED ACCESS -- SECTION 251(c)(3)
IX.1 Access to Network Elements
IX.1.1 Ameritech shall provide 21st Century
access to Ameritech's Network Elements on an unbundled basis at any technically
feasible point in accordance with the terms and conditions of this Article IX
and the requirements of the Act, the FCC or the Commission. Ameritech shall
provide 21st Century access to each unbundled Network Element, along with all of
such unbundled Network Element's features, functions and capabilities in
accordance with the terms and conditions of Article II and as required by the
Act, the FCC or the Commission, in a manner that shall allow 21st Century to
provide any Telecommunications Service that can be offered by means of that
Network Element; provided that the use of such Network Element is consistent
with the Act.
IX.1.2 Notwithstanding anything to the
contrary in this Article IX, Ameritech shall not be required to provide Network
Elements beyond those identified in 47 C.F.R. ss. 51.319 to 21st Century if:
(a) The Commission concludes that:
(1) such Network Element is proprietary or
contains proprietary information that will
be revealed if such Network Element is
provided to 21st Century on an unbundled
basis; and
(2) 21st Century could offer the same
proposed Telecommunications Service
through the use of other, non-proprietary
Network Elements within Ameritech's
network; or
(b) The Commission concludes that the failure
of Ameritech to provide access to such
Network Element would not decrease the
quality of, and would not increase the
financial or administrative cost of, the
Telecommunications Service 21st Century
seeks to offer, compared with providing
that service over other unbundled Network
Elements in Ameritech's network.
IX.1.3 Ameritech shall be required to make
available Network Elements only where such Network Elements, including
facilities and software necessary to provide such Network Elements, are
available. If Ameritech makes available Network Elements that require special
construction, 21st Century shall pay to Ameritech any applicable special
construction charges, as determined in accordance with the Act. The Parties
shall mutually agree on the nature and manner of any required special
construction, the applicable charges thereto and the negotiated interval(s) that
will apply to the provisioning of such Network Element(s) in lieu of the
standard intervals set forth on Schedule 9.10.
IX.1.4 Ameritech shall permit 21st Century
to connect 21st Century's facilities or facilities provided to 21st Century by
third parties with each of Ameritech's unbundled Network Elements at any point
on Ameritech's network designated by 21st Century that is technically feasible.
IX.2 Network Elements. At the request of 21st Century,
Ameritech shall provide 21st Century access to the following Network Elements on
an unbundled basis:
IX.2.1 Local Loops, as more fully described on
Schedule 9.2.1;
IX.2.2 The Network Interface Device, as more
fully described on Schedule 9.2.2;
IX.2.3 Switching Capability, as more fully
described on Schedule 9.2.3;
IX.2.4 Interoffice Transmission Facilities, as
more fully described on Schedule 9.2.4;
IX.2.5 Signaling Links and Call-Related
Databases, as more fully described on
Schedule 9.2.5;
IX.2.6 Operations Support Systems ("OSS")
functions, as more fully described on
Schedule 9.2.6; and
IX.2.7 Operator Services and Directory
Assistance, as more fully described on
Schedule 9.2.7.
9.2.8 Dark Fiber, as more fully described on
Schedule 9.2.4.
IX.3 Combination of Network Elements
IX.3.1 Ameritech shall provide Network
Elements to 21st Century in a manner that shall allow 21st Century to combine
such Network Elements (a "Combination") in order to provide a Telecommunications
Service. When purchasing a Combination, 21st Century will have access to all
features and capabilities of each individual Network Element that comprises such
Combination and the specific technical and interface requirements for each of
the Network Elements shall apply, to the extent technically feasible given the
specific manner in which 21st Century has requested that the elements be
combined.
IX.3.2 Except upon the request of 21st Century,
Ameritech shall provide Network Elements separately from each other and shall
not separate Network Elements it normally provides in combination into separate
Network Elements.
IX.3.3 Upon 21st Century's request, Ameritech
shall perform the functions necessary to combine Ameritech's Network Elements,
even if those elements are not ordinarily combined in Ameritech's network;
provided that such combination is (i) technically feasible and (ii) would not
impair the ability of other Telecommunications Carriers to obtain access to
unbundled Network Elements or to Interconnect with Ameritech's network. In
addition, upon request that is consistent with the above criteria and subject to
Section 9.1.4, Ameritech shall perform the functions necessary to combine or
connect Ameritech's Network Elements with elements or other equipment or
facilities possessed, leased or owned by 21st Century in any technically
feasible manner to allow 21st Century to provide a Telecommunications Service.
IX.3.4 Ameritech shall make available to 21st
Century the following Combinations at the rates set forth at Item V of the
Pricing Schedule:
9.3.4.1 Unbundled Element Platform
with Operator Services and
Directory Assistance. This
Combination is described on
Schedule 9.3.4.
9.3.4.2 Loop Combination. This
Combination is described on
Schedule 9.3.4.
9.3.4.3 Switching Combination #1. This
Combination is described on
Schedule 9.3.4.
IX.3.5 The following Network Elements and
Combinations shall be requested by 21st Century in accordance with Section 9.6:
9.3.5.1 Unbundled Loop - Distribution.
9.3.5.2 Unbundled Loop -
Concentrators/Multiplexers.
9.3.5.3 Unbundled Loop - Feeder.
9.3.5.4 Loop/Network Combination.
This Combination is described
on Schedule 9.3.5.
9.3.5.5 Switching Combination #2. This
Combination is described on
Schedule 9.3.5.
9.3.5.6 Switching Combination #3. This
Combination is described on
Schedule 9.3.5.
9.3.5.7 Switched Data Services. This
Combination is described on
Schedule 9.3.5.
9.3.5.8 Unbundled Element Platform
without Operator Services
and Directory Assistance.
This Combination is described
on Schedule 9.3.5.
IX.3.6 Any request by 21st Century for Ameritech
to provide any Combination other than as set forth in Section 9.3.4, to combine
the unbundled Network Elements of Ameritech with 21st Century or to perform any
other function under this Section 9.3 shall be made by 21st Century in
accordance with Section 9.6.
IX.4 Nondiscriminatory Access to and Provision of Network
Elements
IX.4.1 Subject to Section 9.4.3, the quality of
an unbundled Network Element, as well as the quality of the access to such
unbundled Network Element that Ameritech provides to 21st Century, shall be (i)
the same for all Telecommunications Carriers requesting access to such Network
Element and (ii) at least equal in quality to that which Ameritech provides to
itself, its subsidiaries, Affiliates or any other person, unless Ameritech
proves to the Commission that it is not technically feasible to provide the
Network Element requested by 21st Century or access to such Network Element at a
level of quality that is equal to that which Ameritech provides to itself.
IX.4.2 Subject to Section 9.4.3, Ameritech shall
provide 21st Century access to Network Elements, on terms and conditions no less
favorable than the terms and conditions under which Ameritech provides such
elements to itself, its subsidiaries, Affiliates and any other person, including
the time within which Ameritech provisions such access to Network Elements,
except as may be provided by the Commission pursuant to Section 9.1.2.
IX.4.3 Upon the request of 21st Century,
Ameritech shall provide to 21st Century a Network Element and access to such
Network Element that is different in quality to that required under Sections
9.4.1 and 9.4.2, unless Ameritech proves to the Commission that it is not
technically feasible to provide the requested Network Element or access to such
Network Element at the requested level of quality. Any request by 21st Century
for Ameritech to provide
any Network Element or access thereto that is different in quality shall be made
by 21st Century in accordance with Section 9.6.
IX.5 Provisioning of Network Elements
IX.5.1 Ameritech shall provide 21st Century unbundled
Network Elements as set forth on Schedule 9.5.
IX.5.2 Ameritech shall provide 21st Century
access to the functionalities for Ameritech's pre-ordering, ordering,
provisioning, maintenance and repair, and billing functions of the Operations
Support Systems functions that relate to the Network Elements that 21st Century
purchases hereunder. Access to such functionalities for the Operations Support
Systems functions shall be as provided in Schedule 9.2.6 and the Implementation
Plan.
IX.5.3 Prior to submitting an order for a
Network Element that replaces, in whole or in part, a service offered by
Ameritech or any other telecommunications provider for which Ameritech changes a
primary local exchange carrier, 21st Century shall comply with the requirements
of Section 10.11.1.
IX.6 Availability of Additional or Different Quality Network
Elements. Any request by 21st Century for access to a Network Element or a
Combination or a standard of quality thereof that is not otherwise provided by
the terms of this Agreement at the time of such request shall be made pursuant
to a Bona Fide Request, as described in Schedule 2.2, and shall be subject to
the payment by 21st Century of all applicable costs in accordance with Section
252(d)(1) of the Act to provide such Network Element, Combination or access.
IX.7 Pricing of Unbundled Network Elements
IX.7.1 Ameritech shall charge 21st Century the
non-recurring (including any applicable connection charges) and monthly
recurring rates for unbundled Network Elements (including the monthly recurring
rates for these specific Network Elements, service coordination fee and
Cross-Connect charges) as specified at Item V of the Pricing Schedule. If 21st
Century requests or approves an Ameritech technician to perform services in
excess of or not otherwise contemplated by the Line Connection Service,
Ameritech may charge 21st Century for any additional and reasonable labor
charges to perform such services. For purposes of this Agreement, "Line
Connection Service" means any non-recurring activity performed at the Ameritech
Central office or the Ameritech side of the network interface required to
connect a specific Network Element to any Customer-or enduser-provided element
or required to interconnect contiguous Network Elements.
IX.7.2 In addition to any other applicable
charges under this Article IX, if 21st Century purchases unbundled Local
Switching elements, 21st Century shall pay Ameritech:
(A) for interstate minutes of use traversing
such unbundled Local Switching elements,
the carrier common line charge described
in 47 C.F.R. ss. 69.105 and a charge equal
to seventy-five percent (75%) of the
interconnection charge described in 47
C.F.R. ss. 69.124, only until the earliest
of the following, and not thereafter:
(1) June 30, 1997;
(2) The later of the effective date of a
final FCC decision in CC Docket No. 94-45,
Federal-State Joint Board on Universal
Service, or the effective date of a final
FCC decision in a proceeding to consider
reform of interstate access charges; or
(3) The date on which Ameritech is
authorized to offer in-region InterLATA
service in Illinois, pursuant to Section
271 of the Act; and
(B) for intrastate toll minutes of use
traversing such unbundled Local Switching
elements, intrastate access charges
comparable to those listed in Section
9.7.2(a) and any explicit intrastate
universal service mechanism based on
access charges, only until the earliest of
the following, and not thereafter:
(1) June 30, 1997;
(2) The effective date of the Commission's
decision that Ameritech may not assess
such charges; or
(3) The date on which Ameritech is
authorized to offer in-region InterLATA
service in Illinois, pursuant to Section
271 of the Act.
IX.7.3 If 21st Century orders a Combination
identified in Section 9.3.4 and the provision of any such Combination requires
Ameritech to modify any of its existing systems, service development processes
or its network (beyond that required for Ameritech to provision its own retail
services) to provide access to such Combination, 21st Century shall be required
to compensate Ameritech for any costs incurred to provide access to such
Combination.
IX.7.4 Subject to Sections 29.3 and 29.5, the
rates and charges set forth or identified in this Agreement are inclusive, and
no other charges apply.
IX.8 Billing. Ameritech shall xxxx 21st Century for access to
unbundled Network Elements pursuant to the requirements of Article XXVII to this
Agreement.
IX.9 Maintenance of Unbundled Network Elements
IX.9.1 If (i) 21st Century reports to Ameritech
a suspected failure of a Network Element, (ii) 21st Century requests a dispatch,
(iii) Ameritech dispatches a technician and (iv) such trouble was not caused by
Ameritech's facilities or equipment, then 21st Century shall pay Ameritech a
trip charge and time charges as set forth at Item V of the Pricing Schedule.
IX.9.2 Ameritech shall provide 21st Century
maintenance of unbundled Network Elements provided by Ameritech hereunder on
terms and conditions no less favorable than Ameritech provides for itself,
consistent with the Act.
IX.10 Standards of Performance
IX.10.1 Ameritech shall provide to 21st Century
access to unbundled Network Elements (i) in accordance with Section 9.4, as
determined by this Section 9.10 (including any Combinations, service levels and
intervals that may be requested by 21st Century and agreed upon by the Parties
pursuant to a Bona Fide Request), and (ii) as required by the Commission
(collectively, the "Ameritech Network Element Performance Benchmarks").
IX.10.2 To determine Ameritech's compliance with
the Ameritech Network Element Performance Benchmarks, Ameritech shall maintain
records of (i) specific criteria listed in Schedule 9.10, which criteria are the
criteria that Ameritech currently measures to evaluate its provision of
unbundled Network Elements, and (ii) such additional criteria the Parties agree
upon regarding Ameritech's compliance with different performance levels and
intervals of such Network Elements (and Combinations thereof) requested by 21st
Century and provided by Ameritech pursuant to Section 9.6 and a Bona Fide
Request (each, a "Network Element Performance Activity"). Ameritech shall
provide records relating to the access to unbundled Network Elements Ameritech
provides to itself, its subsidiaries and Affiliates (the "Ameritech NE Records")
and parallel records of the access to unbundled Network Elements Ameritech
provides to (x) 21st Century (the "21st Century NE Records") and (y) other LECS
in the aggregate (the "Other LEC NE Records").
IX.10.3 Ameritech shall provide to 21st Century
for each Reporting Period, by the twenty-second (22nd) day of the following
month, in a self-reporting format, the Ameritech NE Records, the 21st Century NE
Records and the Other LEC NE Records so that the Parties can determine
Ameritech's compliance with the Ameritech Network Element Performance
Benchmarks. If (i) Ameritech fails to comply with an Ameritech Network Element
Performance Benchmark with respect to a Network Element Performance Activity for
a Reporting Period, (ii) the sample size of the Network Element Performance
Activity measured for such Reporting Period is statistically valid and (iii) the
amount by which the applicable Ameritech Network Element Performance Activity
deviates from the corresponding Network Element Performance Benchmark is
statistically significant, then Ameritech shall have committed a "Specified
Performance Breach". Notwithstanding anything to the contrary in this Section
9.10.3, the Parties acknowledge that (i) Ameritech shall not be required to
provide to 21st Century those Other LEC NE Records that correspond to and
measure a level of quality and performance levels and intervals of unbundled
Network Elements that are requested by an other LEC pursuant to 47 C.F.R. ss.
51.311(c) and Section 9.6 and that are superior to that which 21st Century
requested Ameritech provide to 21st Century hereunder, (ii) the Other LEC NE
Records shall be provided to 21st Century on an aggregate basis and (iii) such
Other LEC NE Records shall be provided to 21st Century in a manner that
preserves the confidentiality of each other LEC and any of such LEC's
proprietary information (including CPNI).
IX.10.4 In no event shall Ameritech be deemed to
have committed a Specified Performance Breach if Ameritech's failure to meet or
exceed a Network Element Performance Activity is caused by a Delaying Event. If
a Delaying Event (i) prevents Ameritech from performing a certain function or
action that affects a Network Element Performance Activity, then such occurrence
shall be excluded from the calculation of such Network Element Performance
Activity and the determination of Ameritech's compliance with the applicable
Ameritech Network Element Performance Benchmark or (ii) only suspends
Ameritech's ability to timely perform such Network Element Performance Activity,
then the applicable time-frame in which Ameritech's compliance with the
Ameritech Network Element Performance Benchmark is measured shall be extended on
a like-time basis equal to the duration of such Delaying Event.
IX.10.5 Upon the occurrence of a Specified
Performance Breach by Ameritech, 21st Century may forego the dispute escalation
procedures set forth in Section 28.3 and (i) bring an action against Ameritech
in an appropriate Federal district court, (ii) file a complaint against
Ameritech with the FCC pursuant to Sections 207 or 208 of the Act, (iii) seek a
declaratory ruling from the FCC, (iv) file a complaint in accordance with the
rules, guidelines and regulations of the Commission or (v) seek other relief
under Applicable Law.
IX.10.6 21st Century shall also be entitled to
any Credit Allowances pursuant to the same terms and conditions that Ameritech
offers Credit Allowances to its Customers, including those described on Schedule
10.9.6.
ARTICLE X
RESALE AT WHOLESALE RATES -- SECTION 251(c)(4)
RESALE AT RETAIL RATES -- SECTION 251(b)(1)
X.1 Telecommunications Services Available for Resale at
Wholesale Rates. Commencing on the date on which the Commission approves this
Agreement, at the request of 21st Century, Ameritech will make available to 21st
Century for resale at wholesale rates those Telecommunications Services that
Ameritech provides at retail to subscribers who are not Telecommunications
Carriers, as required in Section 251(c)(4) of the Act. Subject to the terms,
conditions and limitations set forth in this Agreement, Ameritech will make
available to 21st Century for such resale all Telecommunications Services which
it offers to its retail Customers, including the following categories of
Telecommunications Services (the "Wholesale Resale Services") as identified on
Schedule 10.1:
(I) Local Service - Residence, as described
in ILL.C.C. No. 20;
(II) Local Service - Business, as described in
ILL.C.C. No. 20;
(III) Message Toll Service, as described in
ILL.C.C. No. 20;
(IV) PBX Trunk, as described in ILL.C.C. No.20;
(V) ISDN Direct Service, as described in
ILL.C.C. No. 20;
(VI) ISDN Prime Services, as described in
ILL.C.C. No. 20;
(VII) Ameritech Centrex Service and associated
features and functionalities, as described
in ILL.C.C. No. 20;
(VIII) Dedicated Communications Services, as
described in ILL.C.C. No. 20;
(IX) Inbound Services, as described in
ILL.C.C. No. 20; and
(X) Customer Owned Pay Telephone Services, as described
in ILL.C.C. No. 20.
The Wholesale Resale Services shall be made available to 21st Century
at the rates set forth at Item VI of the Pricing Schedule, which rates shall be
set in accordance with the Act.
X.2 Telecommunications Services Available for Resale at
Retail Rates. Each Party shall make available to the other Party its
Telecommunications Services for resale at retail rates ("Retail Resale
Services") in accordance with Section 251(b)(1) of the Act and applicable
tariffs.
X.3 Limitations on Availability of Resale Services. The
following limitations shall apply to both Wholesale Resale Services and Retail
Resale Services (collectively, "Resale Services"):
X.3.1 Any Telecommunications Services that
Ameritech offers to existing retail subscribers, but not to new subscribers
("Grandfathered Services"), are listed on Schedule 10.3.1. Schedule 10.3.1 may
be revised or supplemented from time to time to include those additional
services that Ameritech may, to the extent permitted by Applicable Law, classify
as Grandfathered Services. Ameritech agrees to make Grandfathered Services
available to 21st Century for resale to any Customer of Ameritech that
subscribes to a Grandfathered Service from Ameritech at the time of its
selection of 21st Century as its primary local exchange carrier; provided,
however, that if such Grandfathered Services are provided under a Shared Tenant
Service Agreement, such Grandfathered Services shall be available for resale by
21st Century pursuant to the terms and conditions of such Shared Tenant Service
Agreement to all tenants, existing or in the future, in the specific facility
subject to such Shared Tenant Service Agreement. If a local Telecommunications
Service is subsequently classified as a Grandfathered Service by Ameritech,
Ameritech agrees to continue to sell such Grandfathered Service (subject to the
terms of Section 10.3.2) to 21st Century for resale to 21st Century's Customers
that subscribe to such Grandfathered Service at the time it is so classified by
Ameritech. Grandfathered Services shall be made available to 21st Century at
wholesale rates determined in accordance with the Act. To the extent that
Ameritech is unable to provide wholesale systems support and billing within the
first ninety (90) days from the date each 21st Century Resale Customer is
provided such Grandfathered Service, Ameritech shall retroactively apply such
wholesale rate as a credit to 21st Century and will xxxx such service to 21st
Century from its retail billing systems. Such billing
will be in the same format and using the same standards and interfaces as other
billing to 21st Century of Resale Services. Nothing in this Section 10.3.1 shall
prevent 21st Century from taking a position before any regulatory body or court
of law in opposition to any classification of a service by Ameritech as a
Grandfathered Service.
X.3.2 Any Telecommunications Services that
Ameritech currently intends to discontinue offering to any retail subscriber
("Sunsetted Services") are set forth on Schedule 10.3.1. Schedule 10.3.1 may be
revised or supplemented from time to time to include those additional
Telecommunications Services that Ameritech may, to the extent permitted by
Applicable Law, classify as Sunsetted Services. Ameritech agrees to make
Sunsetted Services available to 21st Century for resale to 21st Century's
Customers who are subscribers to the Sunsetted Service either from Ameritech or
21st Century at the time so classified (subject to the provisions of Section
10.3.1 if such Sunsetted Service was previously classified as a Grandfathered
Service) until the date such service is discontinued. Nothing in this Section
10.3.2 shall prevent 21st Century from taking a position before any regulatory
body or court of law in opposition to any such withdrawal of service by
Ameritech.
X.3.3 Each Party acknowledges that Resale
Services shall be available to 21st Century on the same basis as offered by
Ameritech to itself or to any subsidiary, Affiliate or any other person to which
Ameritech directly provides the Resale Services, including Ameritech's retail
Customers and other resellers of Ameritech's Telecommunications Services (i)
only in those service areas in which such Resale Services (or any feature or
capability thereof) are offered by Ameritech to itself or to any subsidiary,
Affiliate or any other person, including Ameritech's retail Customers, and (ii)
to the same extent as Ameritech's retail Telecommunications Services are subject
to the availability of facilities. Each Party also acknowledges and agrees that
certain Resale Services and the rights and obligations of each Party may be
subject to certain rights of third persons pursuant to its agreements with such
third persons.
X.4 Additional Charges for Resale Services. In addition to
the rates set forth at Item VI of the Pricing Schedule, 21st Century shall pay
Ameritech (i) for any applicable one-time start-up and nonrecurring fees, (e.g.,
special construction charges), if any, incident to the establishment or
provision of the Resale Services requested by 21st Century and (ii) the
applicable non-discounted end user common line charge, as set forth in F.C.C.
No. 2, Section 4.
X.5 Restrictions on Resale Services
X.5.1 To the extent provided by the Commission,
21st Century may not offer Resale Services that are made available only to
residential Customers or to a limited class of residential Customers to classes
of Customers that are not eligible to subscribe to such services from Ameritech.
X.5.2 In the case of promotional offerings,
Ameritech shall apply the wholesale discount to the ordinary rate for a
Wholesale Resale Service as set forth at Item VI of the Pricing Schedule, rather
than a special promotional rate, only if:
(A) Such promotions involve rates that will
be in effect for no more than ninety (90)
days; and
(B) Such promotional offerings are not used to
evade the wholesale rate obligation, for
example, by making available a sequential
series of ninety (90)-day promotional
rates.
X.5.3 Nothing in this Agreement shall require
Ameritech to provide to 21st Century promotional service elements that are not
Telecommunications Services (i.e., customer-premises equipment).
X.5.4 The Parties agree that applicable access
charges, as established pursuant to methodologies approved by the FCC and/or the
Commission, shall apply to Resale Services.
X.5.5 As provided in the Act, 21st Century may
not purchase Resale Services unless such services are resold to a person other
than 21st Century. 21st Century may, at its option, purchase from Ameritech, at
wholesale rates, all Telecommunications Services available for resale under the
Act and resell such Services to its affiliates pursuant to the terms and
conditions of this Agreement.
X.5.6 Ameritech may impose additional
restrictions on 21st Century's sale of Resale Services only as permitted by the
Act, Commission and the FCC.
X.6 New Resale Services; Changes in Provision of Resale
Services. Ameritech shall, via tariff filings and as provided in the
Implementation Plan, notify 21st Century of any changes in the terms and
conditions under which Ameritech offers Resale Services, including the
introduction of any new features, functions, services or promotions. If a tariff
filing provides less than forty-five (45) days' notice, Ameritech shall provide
not less than forty-five (45) days' advance notice of such introduction. In
addition, Ameritech shall furnish 21st Century with reasonable quantities of
publicly available collateral information regarding the Resale Services.
X.7 Operations Support Systems Functions. Ameritech shall
provide 21st Century, upon 21st Century's request and pursuant to the
Implementation Plan, nondiscriminatory access to Ameritech's Operations Support
Systems functions for pre-ordering, ordering, provisioning, maintenance and
repair, and billing. Written notice of any changes to Ameritech's Operations
Support Systems functions shall be as provided in Article XI.
X.8 Nondiscriminatory Provision of Resale Services
X.8.1 Resale Services made available by
Ameritech for resale hereunder and Operations Support Systems functions for
ordering, provisioning, repair, and maintenance and billing shall be equal in
quality to that provided by Ameritech to itself or to any subsidiary, Affiliate
or any other person to which Ameritech directly provides the Resale Service,
including Ameritech's retail Customers.
X.8.2 Ameritech shall provision Resale Services
with the same timeliness that such Resale Services are provisioned to
Ameritech's subsidiaries, Affiliates or other persons to whom Ameritech directly
provides the Resale Service, including Ameritech's retail Customers.
X.8.3 Ameritech shall provide to 21st Century
equivalent functionality of blocking calls (e.g., 700, 900 and 976) and Billed
Number Screening (BNS), including necessary LIDB updates, or equivalent service
for blocking completion of xxxx-to-third party and collect calls to the extent
that such functionalities are provided to Ameritech's retail Customers.
X.9 Standards of Performance
X.9.1 Ameritech shall provide Resale Services
to 21st Century (i) in accordance with Section 10.8, as determined by this
Section 10.9, and (ii) as required by the Commission (collectively, the "Resale
Performance Benchmarks").
X.9.2 To determine Ameritech's compliance with
the Resale Performance Benchmarks, Ameritech shall maintain records of specific
criteria listed in Schedule 10.9 (each, a "Resale Performance Activity")
relating to Resale Services it provides to its subsidiaries, Affiliates and
Ameritech's retail Customers (the "Ameritech Resale Records") and parallel
records of the Resale Services provided to (i) 21st Century (the "21st Century
Resale Records") and (ii) on an aggregate basis, resellers of Telecommunications
Services other than 21st Century (the "Other Reseller Records"). The Resale
Performance Activities will be revised in accordance with Article XVIII and the
procedures set forth in the Implementation Plan if Ameritech no longer measures
a criterion in assessing its performance in providing such Resale Service to
Ameritech's retail Customers or begins measuring additional criteria.
X.9.3 Ameritech shall provide to 21st Century
for each Reporting Period, by the twenty-second (22nd) day of the following
month, in a self-reporting format, the Ameritech Resale Records, the 21st
Century Resale Records and the Other Reseller Records so that the Parties can
determine Ameritech's compliance with the Resale Performance Benchmarks. If (i)
Ameritech fails to comply with a Resale Performance Benchmark with respect to a
Resale Performance Activity for a Reporting Period, (ii) the sample size of the
Resale Performance Activity measured for such Reporting Period is statistically
valid and (iii) the amount by which the applicable Resale Performance Activity
deviates from the corresponding Resale Performance Benchmark is statistically
significant, then Ameritech shall have committed a "Specified Performance
Breach." Notwithstanding anything to the foregoing in this Section 10.9.3, the
Parties acknowledge that the Other Reseller Records shall be provided to 21st
Century (x) on an aggregate basis and (y) in a manner that preserves the
confidentiality of each other reseller and any of such reseller's proprietary
information (including CPNI). Information regarding reporting and levels of
content shall be set forth in the Implementation Plan.
X.9.4 In no event shall Ameritech be deemed
to have committed a Specified Performance Breach if Ameritech's failure to meet
or exceed a Resale Performance Activity is caused by a Delaying Event. If a
Delaying Event (i) prevents Ameritech from performing a certain function or
action that affects a Resale Performance Activity, then such occurrence shall be
excluded from the calculation of such Resale Performance Activity and the
determination of Ameritech's compliance with the applicable Resale Performance
Benchmark or (ii) only suspends Ameritech's ability to timely perform such
Resale Performance Activity, then the applicable time-frame in which Ameritech's
compliance with the Resale Performance Benchmark is measured shall be extended
on a like-time basis equal to the duration of such Delaying Event.
X.9.5 Upon the occurrence of a Specified
Performance Breach by Ameritech, 21st Century may elect one of the following two
remedies:
(A) Forego the dispute escalation procedures set forth
in Section 28.3 and (i) bring an action against
Ameritech in an appropriate Federal district court, (ii) file a complaint
against Ameritech with the FCC pursuant to Sections 207 or 208 of the Act, (iii)
seek a declaratory ruling from the FCC, (iv) file a complaint in accordance with
the rules, guidelines and regulations of the Commission and/or (v) seek other
relief under Applicable Law; or
(B) Ameritech shall pay to 21st Century as liquidated
damages any amounts that 21st Century is entitled to receive under then-existing
Commission procedures relating to the failure by Ameritech to comply with the
Commission performance standards.
X.9.6 21st Century shall also be entitled to
any Credit Allowances pursuant to the same terms and conditions that Ameritech
offers Credit Allowances to its retail Customers, including those described on
Schedule 10.9.6.
X.10 Branding
X.10.1 If Operator Call Completion or Directory
Assistance Service is a feature of an offered Resale Service, then Ameritech
shall rebrand or unbrand such features of such offered Resale Service as
requested by 21st Century for 21st Century's Customers, unless Ameritech places
a restriction on such rebranding or unbranding that is approved by the
Commission as reasonable and nondiscriminatory, such as by proving that
Ameritech lacks the technical capability to comply with such rebranding or
unbranding request.
X.10.2 Ameritech shall make available to 21st
Century, upon 21st Century's request, the ability to route:
(I) Local Directory Assistance calls dialed by 21st
Century's Customers directly to 21st Century Directory
Assistance Services platform, to the extent such routing
is technically feasible; and
(II) Local Operator Services calls (0+, 0-) dialed by 21st
Century Customers directly to the 21st Century Local
Operator Services platform. Such traffic shall be routed
over trunk groups between Ameritech End Offices and the
21st Century Local Operator Services platform, using
standard Operator Services dialing protocols of 0+ or
0-, to the extent such routing is technically feasible.
The routing capabilities described above will be implemented according to the
Implementation Plan. To the extent technically feasible, all direct routing
capabilities described in this Section 10.10.2 shall permit 21st Century
Customers to dial the same telephone numbers for Ameritech Directory Assistance
and Local Operator Service that similarly situated Ameritech Customers dial for
reaching equivalent Ameritech services.
X.10.3 Notwithstanding anything to the contrary
in this Agreement, the Parties agree that Ameritech shall have no obligation to
unbrand or rebrand its service technicians or trucks, any customer premises
equipment, other customer-owned facilities or its outside plant.
X.10.4 21st Century shall not, without
Ameritech's prior written consent, offer any Resale Service to any Customer
under any brand name of Ameritech, its subsidiaries or its Affiliates, nor shall
21st Century state or imply that there is any joint business association or any
similar arrangement with Ameritech in the provision of Resale Service to 21st
Century's Customers, except to the extent 21st Century deems it necessary to
advise its Customers that Ameritech's personnel will perform work on behalf of
21st Century under this Agreement or that some facilities used in provisioning
service are owned and maintained by Ameritech; provided, however, 21st Century
shall make no disparaging statements about such facilities or services.
X.10.5 In those instances where 21st Century
requires Ameritech personnel to interface directly with 21st Century's
Customers, either orally in person or by telephone, or in writing, such
personnel shall identify themselves as Ameritech's employees representing 21st
Century.
X.10.6 Service Call Materials. Any "no access"
cards and time and materials invoices furnished during service calls by
Ameritech personnel to 21st Century's Customers shall be available to 21st
Century for review and shall be provided to 21st Century Customers in an
unbranded form.
X.10.7 In no event shall Ameritech personnel
acting on behalf of 21st Century pursuant to this Agreement provide information
to any existing 21st Century Customer about Ameritech products or services or
disparage 21st Century and/or 21st Century service or products.
X.10.8 21st Century shall pay Ameritech's costs,
if any, pursuant to the pricing standard in Section 252(d)(1) of the Act and in
such amounts or levels as determined by the Commission for providing any
requested branding under this Section 10.10.
X.11 Primary Local Exchange and Interexchange Carrier
Selections
X.11.1 The Parties shall apply all of the
principles set forth in 47 X.X.X.xx. 64.1100 to the process for Customer
selection of a primary local exchange carrier. Ameritech shall not require a
disconnect order from an 21st Century Customer or another LEC in order to
process an 21st Century order for Resale Service for an 21st Century Customer.
Ameritech shall advise 21st Century whenever an 21st Century Customer has
selected another primary local
exchange carrier by giving notice via an electronic interface within twenty-four
(24) hours of the change being provisioned by Ameritech. Until the FCC or the
Commission adopts final rules and procedures regarding selection of a primary
local exchange carrier, 21st Century shall deliver to Ameritech a representation
of authorization in the form set forth on Schedule 10.11.1 that applies to all
orders submitted by 21st Century under this Agreement that require a primary
local exchange carrier change. Such representation of authorization shall be
delivered to Ameritech prior to the first order submitted by 21st Century prior
to submitting its first order hereunder. 21st Century shall retain on file all
applicable Documentation of Authorization (as defined in Schedule 10.11.1),
including letters of agency or any other method permitted by Applicable Law
relating to the Customer's selection of 21st Century as its primary local
exchange carrier, which documentation shall be provided to Ameritech at its
request, when such documentation is at issue.
X.11.2 Carrier Selection Disputes. If any
disputes should occur concerning the selection of primary local exchange
carriers by the Customers of a Party, the following dispute escalation
procedures shall be followed:
(A) If a Customer denies authorizing a
change in his or her primary local
exchange carrier selection to a
different LEC ("Unauthorized
Switching"), Ameritech shall switch that
Customer back to 21st Century in
accordance with Applicable Law,
including the terms of ILL. C.C. No. 20,
Part 22 (the "Resale Tariff"). However,
in the case of unauthorized changes of
21st Century Customers to Ameritech,
Ameritech shall also have the duties of
the "Carrier", as enumerated in such
Resale Tariff, but will pay the $50
compensation, as described in the Resale
Tariff, to 21st Century.
(B) If Ameritech reports or otherwise provides
information on unauthorized primary local
exchange carrier changes to the FCC, the
Commission or any other governmental
entity, Ameritech agrees to report on 21st
Century unauthorized primary local
exchange carrier changes separately from
unauthorized PIC changes.
(C) The Parties agree that in the event that
either (i) the Resale Tariff is withdrawn
by Ameritech or materially revised or (ii)
there is no other Applicable Law relating
to Local Exchange Carrier selection
disputes, they will promptly meet and
negotiate in good faith a revised
procedure for resolving carrier selection
disputes. If the Parties are unable to
agree upon such revised procedure within
thirty (30) days of a Party's request to
commence the negotiations, the dispute
resolution procedures set forth in Section
28.3 will be implemented.
X.11.3 When Ameritech receives an order for
Resale Service from 21st Century for 21st Century's Customer and Ameritech
currently provides resale local exchange Telecommunications Services to another
carrier ("Carrier of Record") for the same Customer,
Ameritech shall notify such Carrier of Record of such order coincident with
processing the order. It shall then be the responsibility of the Carrier of
Record and 21st Century to resolve any issues related to that Customer. 21st
Century agrees to indemnify and hold Ameritech harmless against any and all
Losses that may result from Ameritech acting under this Section 10.11.3.
X.11.4 When notified by 21st Century or through
the Customer Access Record Exchange system (CARE) that a Customer has changed
its primary interexchange carrier ("PIC") selection only from one IXC to another
IXC, Ameritech shall only provision the PIC change. Ameritech will modify its
process to conform with industry-accepted standards and the requirements of the
FCC or the Commission. Ameritech shall xxxx 21st Century, not the 21st Century
Customer, for the PIC change charge.
X.12 Functionality Required To Support Resale Service
X.12.1 Directory Listing Requirements.
Ameritech shall make available to 21st Century for 21st Century Customers
directory listings in accordance with the provisions of Article XV.
X.12.2 LEC-Assigned Telephone Calling Card
Numbers. Effective as of the date of a Customer's subscription to 21st Century's
service, Ameritech will block the LEC-assigned telephone line calling card
number Line Identification Database ("LIDB"), unless otherwise agreed to in the
Implementation Plan.
X.12.3 Telephone Assistance Programs. Upon
conversion to 21st Century's Resale Service of an existing Telecommunications
Assistance Program Customer, no exchange of qualification documentation is
necessary. Ameritech will continue to administer the Telecommunications
Assistance Program for the Customer on behalf of 21st Century. If 21st Century's
Customer is newly qualified for a Telecommunications Assistance Program, 21st
Century must send Ameritech the necessary qualification documentation.
X.12.4 Special Services. If Ameritech makes a
notation on the Customer Service Records (CSR) of Customers who qualify for
certain services available to physically challenged individuals (e.g., special
discounts) ("Special Services"), Ameritech shall provide such data to 21st
Century on the CSR made available to Ameritech for its Customers. For usage by
an 21st Century Customer of a Telephone Relay Service, Ameritech will provide
21st Century with all billing information furnished to Ameritech by the provider
of the Telephone Relay Service.
X.12.5 Law Enforcement Interfaces. Interfaces
with law enforcement agencies and other security matters shall be conducted as
specified in Schedule 10.12.5.
X.12.6 Ameritech shall cooperate with 21st
Century to provide services and equipment necessary to serve TTY/TDD customers
at rates, terms and conditions set forth in a separate agreement to be
negotiated between the Parties.
X.13 Service Functions
X.13.1 Point of Contact for Resale Purchase
Customer.
(A) Primary Point of Contact. Except as
otherwise provided in this Agreement, 21st
Century shall be the primary point of
contact for all 21st Century Customers.
(B) Service Referrals. Ameritech shall refer
all questions from any 21st Century
resale Customer regarding any 21st
Century service or product directly to
21st Century in accordance with the
procedures set forth in the
Implementation Plan. Ameritech shall use
its best efforts to ensure that all
Ameritech representatives who receive
such inquiries regarding 21st Century
services do not in any way disparage or
discriminate against 21st Century or its
products or services and do not provide
information about Ameritech products or
services during such Customer contact.
(C) Customer Contact Employee Training.
Ameritech shall provide training for all
its employees who may communicate, either
by telephone or face to face, with 21st
Century Customers to assure that the
requirements of this Agreement are met.
Furthermore, the same quality standards
that Ameritech requires of its employees
when contacting an Ameritech Customer
(e.g., honesty, respect and courtesy)
shall apply when its employees are in
contact with 21st Century Customers.
X.13.2 Operations Support Systems Functions
-- Provisioning.
(A) Electronic Interface for Pre-Ordering,
Ordering and Provisioning. Ameritech
will provide an electronic interface for
the transfer and receipt of data
necessary to perform the pre-ordering,
ordering and provisioning functions
(e.g., order entry, telephone number
selection and due date selection)
associated with Resale Services.
Initially, the interface for ordering
will be separate from the interface used
for pre-ordering and provisioning. By
the end of the first quarter of 1997,
the interface for ordering will migrate
to the pre-ordering and provisioning
interface. The interface will be
administered through a gateway that will
serve as a single point of contact for
the transmission of such data. This
gateway will provide for equivalent
functionality for pre-ordering, ordering
and provisioning (as such terms are
described in this Section 10.13.2) as
Ameritech uses in its provision of
retail services for the above functions.
The interface will be consistent with
the Alliance for Telecommunications
Industry Solutions (ATIS),
Telecommunications Industry Forum
(TCIF), Electronic Data Interchange
(EDI) Customer Service Guideline, issue
5, and provide the functionality
described in Schedule 10.13.2 and
Ameritech's Service Order Interface
Document, version 2.00. The electronic
interface to be provided by Ameritech
will provide system- to-system
communications on a real-time basis
(response in seconds), with built-in
error recovery and built-in operations,
administration and maintenance
functionality, at a ninety-five percent
(95%) network reliability level.
However, as an industry standard
interface is developed by the
appropriate industry forum, and
generally accepted for implementation by
the industry, Ameritech shall implement
such interface.
(B) Service Ordering and Provisioning. Service
Orders will be placed by 21st Century and
provisioned by Ameritech in accordance
with the procedures described in this
Section 10.13 and the Implementation Plan.
Any Service Order activity resulting in
primary local exchange carrier changes
will comply with the requirements of 47
C.F.R. ss. 64.1100 and Section 10.9.1.
(C) Provisioning Support. Ameritech shall
provide provisioning support to 21st
Century on the same basis Ameritech
provides to its retail Customers.
Provisioning support may be expanded as
mutually agreed by the Parties.
(D) Status Reports. After receipt and
acceptance of a Service Order, Ameritech
shall provide 21st Century with service
status notices on an exception basis.
(E) Engineering Support. When requested by
21st Century, Ameritech shall provide
timely engineering support.
(F) Requests for Service Changes. Where
Ameritech provides installation,
Ameritech's representatives shall inform
an 21st Century Customer to contact 21st
Century if such Customer requests a
service change at the time of
installation.
(G) Non-Interruption of Service. Except as
specifically provided in this Agreement or
pursuant to an order of a court or
commission of competent jurisdiction,
Ameritech may not initiate any disconnect,
suspension or termination of an 21st
Century Customer's Resale Service, unless
directed to do so by 21st Century by
transmission of a Service Order or
Ameritech's receipt of proper
authorization to change such Customer's
primary local exchange carrier to a
carrier other than 21st Century.
X.13.3 Operations Support Systems Functions
-- Maintenance.
(A) Electronic Interface for Maintenance and
Repair. Ameritech will provide an
electronic interface for the transfer
and receipt of data necessary to perform
the maintenance and repair functions
(e.g., trouble receipt and trouble
status). This interface will be
administered through a gateway that will
serve as a single point of contact for
the transmission of such data. This
gateway will provide for equivalent
functionality for maintenance and repair
(as such terms are described in this
Section 10.13.3) as Ameritech uses for
maintenance and repair of its retail
services. The interface will be
consistent with the Alliance for
Telecommunications Industry Solutions
(ATIS), T1-Telecommunications (T1) -
Operations, Administration, Maintenance
and Provisioning (OAM&P), standard
T1.227-95 and T1.228-95, and the
Ameritech Electronic Bonding Interface
(EBI) document. However, as an industry
standard interface is developed by the
appropriate industry forum, and
generally accepted for implementation by
the industry, Ameritech shall implement
such interface. Procedures for
implementing any changes to the
interface will be included in the
Implementation Plan.
(B) Maintenance. Maintenance will be provided
by Ameritech as set forth in the
Implementation Plan and in accordance with
the requirements set forth in Sections
10.7 and 10.8 and Schedule 10.13.
X.14 Responsibilities of 21st Century
X.14.1 21st Century shall be responsible for
providing to its Customers and to Ameritech a telephone number or numbers that
21st Century's Customers can use to contact 21st Century in the event of service
or repair requests. If 21st Century's Customers contact Ameritech with regard to
such requests, Ameritech shall inform such Customers that they should call 21st
Century and will provide 21st Century's contact number to such Customers. At
21st Century's request, Ameritech shall provide a "warm" transfer to 21st
Century of calls Ameritech receives from 21st Century Customers for service or
repair requests at the rates set forth at Item VI of the Pricing Schedule.
X.14.2 21st Century shall provide Ameritech
with accurate and complete information regarding 21st Century's Customers in a
method reasonably prescribed by Ameritech to allow Ameritech to keep its
Emergency Telephone Number Service database updated, if Ameritech maintains such
a database.
X.14.3 Prior to the Effective Date,4/ 21st
Century shall have received and communicated to Ameritech its Carrier
Identification Code and its Access Carrier Name Abbreviation or Interexchange
Access Customer Code.
X.15 Responsibilities of Ameritech. Ameritech shall provide
access to the following services where Ameritech is the underlying 9-1-1 service
provider:
(I) Universal Emergency Number service, a telephone exchange
communication service that includes lines and equipment
necessary for answering, transferring and dispatching
public emergency telephone calls originated by persons
within the telephone Central Office areas arranged for
9-1-1 calling.
(II) Basic 9-1-1 service (where available), which provides
for routing all 9-1-1 calls originated by Customers
having telephone numbers beginning with a given Central
Office prefix code or codes to a single PSAP equipped to
receive those calls.
(III) Enhanced 9-1-1 ("E9-1-1") service, which provides
additional features to Basic 9-1-1 service, such as
selective routing of 9-1-1 calls to a specific PSAP that
is selected from the various PSAPs serving Customers
within that Central Office area.
(IV) 9-1-1 call routing to the appropriate PSAP. Ameritech
shall provide and validate 21st Century Customer
information to the PSAP. Ameritech shall use its service
order process to update and maintain, on the same
schedule that it uses for its retail Customers, the 21st
Century Customer service information in the ALI/DMS
(Automatic Location Identification/Data Management
System) used to support 9-1-1 services.
Both 21st Century and its Customers purchasing Resale Service under this
Agreement are not charged for calls to the 9-1-1 number, except as provided in
any applicable tariff or pursuant to Applicable Law.
X.16 Exchange of Billing Information
X.16.1 Ameritech shall provide 21st Century a
specific Daily Usage File ("DUF") for Resale Services provided hereunder
("Customer Usage Data"). Such Customer Usage Data shall be recorded by Ameritech
in accordance with the Ameritech Electronic Billing System (AEBS) and EMR. The
DUF shall include specific daily usage, including both Local Traffic and
IntraLATA Toll Traffic, in EMR format, for each individual Resale Service and
shall include sufficient detail to enable 21st Century to xxxx its Customers for
Resale Services provided
---------------
4/ Because the terms of this Agreement are the result of 21st Century's
adoption under Section 252(i) of the Act of the MCI Agreement, the
Parties agree that the term "Effective Date", for purposes of this
Section 10.14.3, shall mean April 20, 1998.
by Ameritech. Ameritech will provide to 21st Century detailed specifications
that will enable 21st Century to develop an interface for the exchange of
Customer Usage Data. Procedures and processes for implementing the interface
will be included in the Implementation Plan. Except as provided in Section
10.16.4, no other detailed billing shall be provided by Ameritech to 21st
Century.
X.16.2 Interexchange call detail forwarded to
Ameritech for billing, which would otherwise be processed by Ameritech, will be
returned to the IXC and will not be passed through to 21st Century. This call
detail will be returned to the IXC with a transaction code indicating that the
returned call originated from a resold account. Billing for 900 and 976 calls or
other Information Services Traffic will be passed through when Ameritech records
the message. If 21st Century does not wish to be responsible for 900 and 976
calls, it must order blocking for resold lines. When the IXC records the 900 and
976 calls, the call detail will be returned to the IXC. Upon 21st Century's
request, Ameritech will recourse charges on 900 and 976 calls to the Information
Service provider in accordance with existing agreements with such providers. If
the provider will not accept recourse, Ameritech will notify 21st Century, and
21st Century, at its option and expense, may pursue any rights that Ameritech
may have under such agreements to contest such charge. If 21st Century elects
not to contest such charges or such Information Service provider does not accept
the recourse, 21st Century will promptly pay Ameritech for such charges, and the
dispute shall be solely between 21st Century and the Information Service
provider.
X.16.3 21st Century shall be responsible for
providing all billing information to its Customers who purchase Resale Services
from 21st Century.
X.16.4 Ameritech shall xxxx 21st Century for
Resale Services provided by Ameritech to 21st Century pursuant to the provisions
of Article XXVII. Ameritech shall recognize 21st Century as the Customer of
Record for all Resale Services and will send all notices, bills and other
pertinent information directly to 21st Century. The xxxx will include sufficient
data to enable 21st Century to (i) xxxx all charges to its Customers that are
not included as Customer Usage Data and (ii) reconcile the billed charges with
the Customer Usage Data.
X.17 Use of Service
X.17.1 21st Century, and not Ameritech, shall be
responsible to ensure that its and its Customers' use of the Resale Services
complies at all times with Applicable Law. Ameritech may refuse to furnish or
may disconnect Resale Services of 21st Century or, as appropriate, to an 21st
Century Customer when:
(A) An order is issued by a court, the
Commission or any other duly authorized
agency, finding that probable cause exists
to believe that the use made or to be made
of a Resale Service is prohibited by
Applicable Law, or
(B) Ameritech is notified in writing by a law
enforcement agency acting within its
jurisdiction that any facility furnished
by Ameritech 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.
X.17.2 Termination of Resale Service shall take
place after reasonable notice is provided to 21st Century or as ordered by a
court.
X.17.3 If communications facilities have been
physically disconnected by law enforcement officials at the premises where
located, and if there is not presented to Ameritech the written finding of a
judge, then upon written request of 21st Century and agreement to pay restoral
of Resale Service charges and other applicable charges, Ameritech shall promptly
restore such Resale Service.
X.17.4 To the extent provided under the
Telephone Consumer Protection Act (47 X.X.X.xx. 227) and regulations thereunder,
Resale Service shall not be used for the purpose of solicitation by recorded
message when such solicitation occurs as a result of unrequested calls initiated
by the solicitor by means of automatic dialing devices. Such devices, with
storage capability of numbers to be called or a random or sequential number
generator that produces numbers to be called and having the capability, working
alone or in conjunction with other equipment, of disseminating a prerecorded
message to the number called and that are calling party- or called
party-controlled, are expressly prohibited.
X.17.5 The Resale Services shall not be used in
any manner that interferes with other persons in the use of their
Telecommunications Service, prevents other persons from using their
Telecommunications Services, or otherwise impairs the quality of service to
other carriers or Ameritech's Customers.
X.17.6 If 21st Century's use of Resale Services
interferes unreasonably with the Resale Services of other carriers or their
customers or of 21st Century's or Ameritech's Customers, 21st Century shall be
required to take Resale Services in sufficient quantity or of a different class
or grade to correct such interference.
ARTICLE XI
NOTICE OF CHANGES -- SECTION 251(c)(5)
If a Party makes (i) a change in its network that will materially
affect the interoperability of its network with the other Party or (ii) changes
Operations Support Systems functions that affect the operations of the other
Party, the Party making the change shall provide reasonable advance written
notice of such change to the other Party within such time period as determined
by the FCC or the Commission and their respective rules and regulations.
ARTICLE XII
COLLOCATION -- SECTION 251(c)(6)
XII.1 Physical Collocation. Ameritech shall provide to 21st
Century Physical Collocation on its Premises for equipment necessary for
Interconnection (pursuant to Article III) or for access to unbundled Network
Elements (pursuant to Article IX), except that Ameritech will provide for
Virtual Collocation of such equipment if Ameritech demonstrates to the
Commission that Physical Collocation is not practical for technical reasons or
because of space limitations, as provided in Section 251(c)(6) of the Act.
Ameritech shall provide 21st Century Collocation only for the purpose of
Interconnection or access to Ameritech's Network Elements.
XII.2 Virtual Collocation in Physical Collocation Space. Where
21st Century is Virtually Collocated on the Effective Date5/ in a space that was
initially prepared for Physical Collocation, 21st Century may elect to (i)
retain its Virtual Collocation on that Premises and expand that Virtual
Collocation according to Ameritech's applicable tariffs or (ii) revert to
Physical Collocation, in which case 21st Century shall coordinate with Ameritech
for rearrangement of its transmission equipment and facilities, for which
Ameritech shall impose no conversion charge. All applicable Physical Collocation
recurring charges shall apply.
XII.3 Virtual Collocation in Virtual Collocation Space. Where
21st Century is Virtually Collocated in a space that was initially prepared for
Virtual Collocation, 21st Century may elect to (i) retain its Virtual
Collocation in that space and expand that Virtual Collocation according to the
terms of this Agreement and applicable tariffs or (ii) unless it is not
practical for technical reasons or because of space limitations, as demonstrated
by Ameritech to the Commission, convert its Virtual Collocation to Physical
Collocation at such Premises, in which case 21st Century shall coordinate the
construction and rearrangement with Ameritech of its transmission equipment and
facilities, for which 21st Century shall pay Ameritech at the rates set forth at
Item VII of the Pricing Schedule. In addition, all applicable Physical
Collocation recurring charges shall apply.
XII.4 Nondiscriminatory Collocation. Collocation shall be made
available to 21st Century by Ameritech on a basis that is at parity to the
priorities that Ameritech provides to itself, its subsidiaries, Affiliates or
other persons. The quality of design, performance, features, functions,
maintenance and other characteristics of Collocation made available to 21st
Century under this Agreement shall be at parity to that which Ameritech provides
in its network to itself, its subsidiaries, its Affiliates or other persons.
XII.5 Eligible Equipment
---------------
5/ Because the terms of this Agreement are the result of 21st Century's
adoption under Section 252(i) of the Act of the MCI Agreement, the
Parties agree that the term "Effective Date", for purposes of this
Section 12.2, shall mean April 20, 1998.
XII.5.1 21st Century may Collocate equipment
necessary for Interconnection, or access to Ameritech's Network Elements,
including the following types of equipment:
(A) OLTM equipment;
(B) Multiplexers;
(C) Digital Cross-Connect Panels;
(D) Optical Cross-Connect Panels;
(E) Digital Loop Carrier, including Next
Generation Digital Loop Carrier (in all
cases utilizing transmission capabilities
only);
(F) Data voice equipment;
(G) Equipment used to facilitate hubbing
architectures (e.g., SONET terminating
equipment used for hubbing); and
(H) any other transmission equipment
collocated as of August 1, 1996 necessary
to terminate basic transmission facilities
pursuant to 47 C.F.R. xx.xx. 64.1401 and
64.1402.
XII.5.2 21st Century shall not Collocate
switching equipment or equipment used to provide enhanced services.
XII.5.3 Subject to the terms and conditions set
forth in this Article XII, Ameritech shall not restrict the types of equipment
or vendors of equipment to be installed.
XII.5.4 21st Century may use Collocated equipment
to transport Interconnection or Network Element traffic through one (1) or more
Ameritech Central Offices destined for termination at another Ameritech Central
Office; provided that the type and use of such Collocated equipment conforms to
the other restrictions in this Article XII.
XII.6 Transmission Facility Options. For both Physical
Collocation and Virtual Collocation, 21st Century may either purchase unbundled
transmission facilities (and any necessary Cross-Connection) from Ameritech or
provide its own or third-party leased transmission facilities and terminate
those transmission facilities in its equipment located in its Collocation space
at Ameritech's Premises.
XII.7 Interconnection with other Collocated Carriers. Upon
written request to Ameritech, 21st Century shall be permitted to Interconnect
its network with that of another collocating Telecommunications Carrier at
Ameritech's Premises by connecting its Collocated equipment to the Collocated
equipment of the other Telecommunications Carrier via a Cross-Connection or
other connecting transmission facilities ("Co-Carrier Cross-Connect") so long as
(i) 21st Century's and the other collocating Telecommunications Carrier's
collocated
equipment are to be used for Interconnection with Ameritech or for access to
Ameritech's Network Elements (except that the Parties acknowledge that 21st
Century may Collocate equipment necessary to connect to such other collocating
Telecommunications Carrier (i.e., a multiplexer) that may not be directly
connected to Ameritech for access to Ameritech's Network Elements but will
connect at some point to Ameritech's network), (ii) 21st Century provides the
connection between the equipment in the collocated spaces via a Cross-Connection
or other connecting transmission facility that, at a minimum, complies in all
respects with Ameritech's technical and engineering requirements and (iii) the
connecting transmission facilities of 21st Century and the other collocating
Telecommunications Carrier are contained wholly within space provided solely for
Physical Collocation within Ameritech's Premises. In the event that such
Co-Carrier Cross-Connect is used to connect with the Virtual Collocation
equipment of 21st Century or another Telecommunications Carrier, Ameritech shall
provide the Cross-Connect at the rates set forth in Item VII of the Pricing
Schedule.
XII.8 Interconnection Points and Cables. Ameritech
shall:onnection Points and Cables
XII.8.1 provide 21st Century an Interconnection point
or points physically accessible by both Ameritech and 21st Century, at which the
fiber optic cable (or other necessary facility as per 21st Century's Bona Fide
Request) carrying 21st Century's circuits can enter Ameritech's Premises;
provided that Ameritech shall designate Interconnection Points as close as
reasonably possible to Ameritech's Premises;
XII.8.2 provide at least two (2) such Interconnection
points at Ameritech's Premises at which there are at least two (2) entry points
for 21st Century's cable facilities, and at which space is available for new
facilities in at least two (2) of those entry points;
XII.8.3 permit 21st Century Interconnection of copper
or coaxial cable if such Interconnection is first approved by the Commission;
and
XII.8.4 permit 21st Century Physical Collocation of
microwave transmission facilities, except where such
Collocation is not practical for technical reasons or because of space
limitations, in which case Ameritech shall provide Virtual Collocation of such
facilities as required where technically feasible.
XII.9 Allocation of Collocation Space
XII.9.1 21st Century may reserve Collocation
space for its future use in Ameritech's Premises in accordance with the
provisions of Schedule 12.9.1. Ameritech shall notify 21st Century in writing if
another Telecommunications Carrier requests Collocation space that is reserved
by 21st Century. 21st Century shall, within five (5) Business Days of receipt of
such notice, provide Ameritech either (i) written notice that 21st Century
relinquishes such space or (ii) enforce its reservation of space in accordance
with the provisions of Schedule 12.9.1. Failure of 21st Century to respond to
Ameritech within the foregoing five (5) Business Day period shall be deemed an
election by 21st Century to relinquish such space.
XII.9.2 Ameritech shall not be required to
lease or construct additional space in a Premises to provide 21st Century
Physical Collocation when existing space in such Premises has been exhausted.
XII.9.3 21st Century will provide Ameritech
with a non-binding two (2)-year rolling forecast of its estimated requirements
for Collocation that will be reviewed jointly on a yearly basis by the Parties,
in accordance with the planning processes described in Schedule 12.9.3.
Ameritech will attempt to deliver Collocation pursuant to 21st Century's
forecasts to the extent that Collocation space is then available.
XII.10 Security Arrangements. 21st Century shall comply with
reasonable security arrangements as designated by Ameritech to separate 21st
Century's Collocation space from Ameritech's facilities. 21st Century shall be
responsible for all direct costs relating to the construction of a collocation
cage for 21st Century's Physical Collocation space.
XII.11 Subcontractor and Vendor Approval. Ameritech shall
permit 21st Century to subcontract the construction and build-out of Physical
Collocation arrangements with contractors approved by Ameritech. Approval of
such subcontractors by Ameritech shall be based on the same criteria it uses in
approving contractors for its own purposes. In addition, Ameritech shall allow
21st Century to have an Ameritech-approved vendor install updates to Collocated
equipment, including software updates.
XII.12 Delivery of Collocated Space
XII.12.1 Ameritech shall provide 21st Century
with a single point of contact for all inquiries regarding Collocation. 21st
Century shall request space for Collocation by delivering a written request to
Ameritech. Each request for Collocation shall include (i) the Premises in which
Collocation is requested, (ii) the amount of space requested, (iii) the
interoffice transmission facilities 21st Century will require for such space,
(iv) the equipment to be housed in such space, (v) 21st Century's anticipated
power requirements for the space, (vi) any extraordinary additions or
modifications (i.e., security devices, node enclosures, HVAC, etc.) to the space
or to the Premises to accommodate 21st Century's Collocated equipment, (vii) the
specific level of diversity for fiber (or other facility as per 21st Century's
Bona Fide Request) and power cabling to and from the Collocated space and (viii)
the date on which 21st Century intends to initiate service from such space.
Ameritech shall notify 21st Century in writing within ten (10) Business Days of
receiving 21st Century's request for Collocation as to whether the requested
space is available. If the requested amount of space is not available for
Physical Collocation, Ameritech shall specify in its notice to 21st Century if
an amount of space other than as requested by 21st Century is available, when
the requested (and, if applicable, such other) space for Physical Collocation
will be made available to 21st Century and shall offer to 21st Century Virtual
Collocation Space in accordance with Section 12.12.3.
XII.12.2 Physical Collocation.
(A) If space for Physical Collocation is
immediately available at the time of 21st
Century's request, Ameritech shall include
in its notice to 21st Century (i) the
space to be provided and (ii) whether
Ameritech can deliver the space to 21st
Century by the date set forth in Section
12.12.2(c).
(B) If 21st Century's requested Physical
Collocation space is available, Ameritech
and 21st Century shall have an initial
walkthrough of such space within ten (10)
Business Days after Ameritech's receipt of
21st Century's Initial COBO Payment.
(C) Ameritech shall deliver to 21st Century
the requested space on or before the later
of (i) one hundred twenty (120) days from
Ameritech's receipt of 21st Century's
request for Collocation, (ii) ninety (90)
days from the receipt of 21st Century's
Initial COBO Payment (as provided on
Schedule 12.12) and (iii) such other
reasonable date that the Parties may agree
upon if it is not feasible for Ameritech
to deliver to 21st Century such space
within the foregoing intervals (such date
of delivery referred to as the "Delivery
Date").
(D) Physical Collocation space ordered by 21st
Century will be made available to 21st
Century by Ameritech as more fully
described in Section 1 of Schedule 12.12.
(E) If Ameritech does not provide 21st Century
with its Collocated space by the Delivery
Date and such delay is caused directly by
Ameritech's actions or its failure to act
(and not by an 21st Century Delaying
Event), 21st Century shall receive a
credit of 1/120th of its COBO payment for
each day after the applicable Delivery
Date that such Collocated space is not
made available.
(F) Ameritech may begin billing 21st Century
for recurring charges for the Collocated
space on the Occupancy Date. For
purposes of this Article XII, "Occupancy
Date" shall mean the date on which (i)
the Parties have completed the
acceptance walkthrough of 21st Century's
Physical Collocation Space and (ii) no
bona fide exceptions for such space have
been noted or remain outstanding. 21st
Century shall vacate the Collocated
space if either (i) 21st Century fails
to install within ninety (90) days of
the Occupancy Date the equipment
necessary for Interconnection and/or
access to unbundled Network Elements to
be housed in such space or (ii) 21st
Century fails to Interconnect to the
Ameritech network within one hundred and
fifty (150) days of the Occupancy Date.
If 21st Century is required to vacate
the space pursuant to this Section
12.12.2(f), 21st Century
shall vacate such space within
ninety (90) Business Days of the
earliest to occur of the foregoing
events. If, after vacating a space,
21st Century still requires
Collocation in that Premises, 21st
Century shall be required to submit
a new request for Collocation
pursuant to the provisions of
Section 12.12.1.
(G) Physical Collocation will be subject to
the additional rules and regulations set
forth in Section 2.0 of Schedule 12.12.
(H) Ameritech shall provide positive
confirmation to 21st Century when
construction of 21st Century Collocated
space is fifty percent (50%) completed.
This confirmation shall also include
confirmation of the scheduled completion
date and Delivery Date. The Implementation
Plan will include a process for
determining when construction is fifty
percent (50%) complete.
(I) After completion of construction but
prior to occupancy, 21st Century and
Ameritech will complete an acceptance
walkthrough of all Collocated space
requested from Ameritech. Exceptions
that are noted during this acceptance
walkthrough shall be corrected by
Ameritech as soon as possible but not
later than thirty (30) days after the
walkthrough. Ameritech shall conduct a
root-cause analysis of all exceptions
identified. The correction of these
exceptions from 21st Century's original
request for Collocation shall be at
Ameritech's expense and shall be subject
to an additional walkthrough and
acceptance by 21st Century.
(J) The Implementation Team shall establish,
pursuant to Section 18.2(a), contacts
(names and telephone numbers) for each
Party for the following areas relating to
Collocation:
1. Engineering; 2. Physical
and Logical Security; 3.
Provisioning; 4. Billing; 5.
Operations; 6. Site and
Building Managers; and 7.
Environmental and Safety.
(K) The Implementation Team shall also
establish an escalation process for each
Party's employees (names, telephone
numbers and escalation order) for any
disputes that may arise pursuant to the
Parties' Collocation of equipment
hereunder.
XII.12.3 Virtual Collocation.
(A) If 21st Century requests Virtual
Collocation, or if requested Physical
Collocation space is not available at a
Premises and 21st Century elects Virtual
Collocation, and such Virtual Collocation
is available at the time of 21st Century's
request, Ameritech shall include in its
notice to 21st Century described in
Section 12.12.1, (i) the space to be
provided and (ii) whether Ameritech can
deliver the space to 21st Century by the
date set forth in Section 12.12.3(c).
(B) Ameritech and 21st Century will have an
initial walkthrough of the Collocated
space to be provided to 21st Century for
Virtual Collocation on the date that is
the earlier of (i) ten (10) Business Days
after Ameritech's verification of the
Virtual Collocation space to be provided
to 21st Century and (ii) fourteen (14)
calendar days after Ameritech's receipt of
21st Century's request for Virtual
Collocation.
(C) Ameritech shall deliver to 21st Century
the requested space on or before the later
of (i) twelve (12) weeks from Ameritech's
receipt of 21st Century's request for
Virtual Collocation and (ii) such other
reasonable date that the Parties may agree
upon if it is not feasible for Ameritech
to deliver to 21st Century such space
within twelve (12) weeks (such date of
delivery referred to as the "Delivery
Date") and Ameritech notified 21st Century
of this fact within ten (10) Business Days
from Ameritech's receipt of 21st Century's
request.
(D) Virtual Collocation space ordered by 21st
Century will be made available to 21st
Century by Ameritech, as more fully
described in Section 3 of Schedule 12.12.
(E) Ameritech shall provide positive
confirmation to 21st Century when
construction of 21st Century Collocated
space is fifty percent (50%) completed.
This confirmation shall also include
confirmation of the scheduled completion
date and the Delivery Date. The
Implementation Plan will include a process
for determining when construction is fifty
percent (50%) complete.
(F) After completion of construction and on
or before but prior to the Delivery
Date, 21st Century and Ameritech will
complete an acceptance walkthrough of
all Collocated space requested from
Ameritech. Exceptions that are noted
during this acceptance walkthrough shall
be corrected by Ameritech as soon as
possible but not later than thirty (30)
days after the walkthrough. Ameritech
shall conduct a root-cause analysis of
all exceptions identified. The
correction of these exceptions from 21st
Century's original request for
Collocation shall be at Ameritech's
expense and shall be subject to an
additional walkthrough and acceptance by
21st Century.
XII.13 Pricing. The prices charged to 21st Century for
Collocation are set forth at Item VII of the Pricing Schedule.
XII.14 Ameritech shall xxxx 21st Century for Collocation
pursuant to the requirements of Article XXVII to this Agreement.
XII.15 Common Requirements. The requirements set forth on
Schedule 12.15 shall be applicable to both Physical and Virtual Collocation.
XII.16 Additional Requirements. The additional requirements set
forth on Schedule 12.16 shall be applicable to Physical Collocation.
XII.17 Protection of Service and Property. Both Parties shall
exercise reasonable care to prevent harm or damage to the other Party, its
employees, agents or Customers, or their property. Both Parties, their employees
and agents agree to take reasonable and prudent steps to ensure the adequate
protection of the other Party's property and services, including:
XII.17.1 Ameritech and 21st Century shall restrict
access to 21st Century equipment, support equipment, systems, tools and data, or
spaces that contain or house 21st Century equipment enclosures to 21st Century
employees and other authorized non-21st Century personnel to the extent
necessary to perform their specific job functions.
XII.17.2 21st Century shall comply at all times
with reasonable security and safety procedures and existing requirements that
are established by Ameritech and communicated to 21st Century.
XII.17.3 Ameritech shall allow 21st Century (i)
for 21st Century's Physical Collocation spaces, seven (7)-day, twenty-four
(24)-hour access to inspect or observe spaces that house or contain 21st Century
equipment or equipment enclosures and Ameritech shall furnish 21st Century with
keys, entry codes, lock combinations, and other materials or information that
may be needed to gain entry into any secured 21st Century space, subject to
Section 12.17.2 and Article XX, and (ii) for 21st Century's Virtual Collocated
space, access during the applicable Premises' normal business hours to inspect
or observe 21st Century equipment. 21st Century acknowledges that Ameritech may
require 21st Century's representative(s) to be escorted during such
inspections/observations of Virtual Collocated space, and 21st Century agrees to
pay the cost of Ameritech escorts.
ARTICLE XIII
NUMBER PORTABILITY -- SECTION 251(b)(2)
XIII.1 Provision of Local Number Portability. Each Party shall
provide to the other Party, to the extent technically feasible, Local Number
Portability in accordance with the requirements of the Act. To the extent
technically feasible, Interim Local Number Portability will be provided by each
Party with minimum impairment of functionality, quality, reliability and
convenience to subscribers of the other Party's services. However, when a
Customer switches from one Telecommunications Carrier to another and retains its
telephone number, via Permanent Number Portability, each Party shall provide
such portability without any impairment of functionality, quality, reliability
or convenience.
13.1.1 Conventions. For purposes of this Article XIII,
Party A means the Carrier from which a telephone number is Ported, and Party B
means the carrier to which a telephone number is ported.
XIII.2 Interim Number Portability (INP) The Parties agree to
provide INP on a reciprocal basis between their networks to enable their
Customers to utilize telephone numbers associated with a Telephone Exchange
Service provided by one Party, in conjunction with a Telephone Exchange Service
provided by the other Party, upon the coordinated or simultaneous termination of
the first Telephone Exchange Service and activation of the second Telephone
Exchange Service. The Parties shall provide reciprocal INP via remote call
forwarding ("RCF"), Direct Inward Dialing ("DID"), NXX Migration or other
technically feasible methods made pursuant to a Bona Fide Request; provided, in
each case that the Customer whose telephone number is subject to INP remains
within the same serving Wire Center or Switching Center. Subject to the
restrictions set forth in this Article XIII, 21st Century shall specify on a per
telephone number basis which method of INP is to be employed, and Ameritech
shall provide such method to the extent technically feasible.
XIII.3 Remote Call Forwarding ("RCF") If a Telephone Exchange
Service Customer of Party A elects to become a Telephone Exchange Service
Customer of Party B, such Customer may elect to utilize the original telephone
number(s) corresponding to the Telephone Exchange Service(s) it previously
received from Party A in conjunction with the Telephone Exchange Service(s) it
shall now receive from Party B. Provided that Party B has complied with the
requirements of Section 10.11.1 and has issued an associated service order to
Party A to assign the number to Party B, Party A shall implement an arrangement
whereby all calls to the original telephone number(s) shall be forwarded on a
multiple-path basis to a new telephone number(s) designated by Party B. Party B
shall specify the number of paths, up to ninety-nine (99) paths, required for
each telephone number being ported. Party A shall route the forwarded traffic to
Party B over the appropriate trunks as if the call were a call that had
originated on Party A's network.
XIII.4 Direct Inward Dialing ("DID"). DID service provides
trunk-side access to End Office Switches for direct inward dialing to the other
Party's premises equipment from the telecommunications network to lines
associated with the other Party's switching equipment and
must be provided on all trunks in a group arranged for inward service. In
addition, direct facilities are required from the End Office where a ported
number resides to the End Office serving the ported Customer. Transport mileage
will be calculated as the airline distance between the End Office where the
number is ported and the Interconnection Wire Center or Switching Center using
the V&H coordinate method. INP-DID must be established with a minimum
configuration of two (2) channels and one (1) unassigned telephone number per
switch, per arrangement for control purposes. Transport facilities arranged for
INP-DID may not be mixed with any other type of trunk group, with no outgoing
calls placed over said facilities. INP-DID will be provided only where such
facilities are available and where the switching equipment of the ordering Party
is properly equipped. Where INP-DID service is required from more than one (1)
Wire Center/Switching Center or from separate trunk groups within the same Wire
Center/Switching Center, such service provided from each Wire Center/Switching
Center or each trunk group within the same Wire Center/Switching Center shall be
considered a separate service.
XIII.5 NXX Migration. Where a Party has activated an entire NXX
for a single Customer, or activated a substantial portion of an NXX for a single
Customer with the remaining numbers in that NXX either reserved for future use
or otherwise unused, if such Customer chooses to receive service from the other
Party, the first Party shall cooperate with the second Party to have the entire
NXX reassigned (or subsequently re-assigned, in the case of subsequent carrier
changes) in the LERG (and associated industry databases, routing tables, etc.)
to an End Office operated by the second Party. Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
standard industry lead times for movements of NXXs from one switch to another.
In the interim period, prior to the effective date of the LERG reassignment, the
requesting party may request the providing party to implement RCF, DID or
another method of INP that is consistent with the terms of this Agreement.
XIII.6 Other INP Methods. Methods of providing INP, other than
RCF, DID or NXX Migration, may be provided, to the extent technically feasible
and consistent with applicable FCC or Commission decisions, pursuant to a Bona
Fide Request.
XIII.7 Other Interim Portability Provisions
XIII.7.1 Party B shall become the Customer of
Record for the original Party A's telephone number(s), subject to the RCF or DID
or other applicable arrangements that are provided pursuant to a Bona Fide
Request. Party A shall use its reasonable efforts to provide Party B with a
consolidated billing statement for all collect and billed-to-third-number calls
associated with those numbers, with sub-account detail by retained number. Such
billing statement shall be delivered in a mutually agreed format via either
paper, Electronic File Transfer, daily magnetic tape or monthly magnetic tape.
Party A shall provide to Party B the Exchange Message Record ("EMR") containing
detailed records associated with the calls reflected on the billing statement,
as generated by the Ameritech Electronic Billing System ("AEBS").
XIII.7.2 Unless otherwise mutually agreed to in
the Implementation Plan, Party A may cancel line-based calling cards and shall,
as directed by Party B, update its LIDB
listings for retained numbers, subject to RCF or DID. Ameritech will include
billing number information associated with numbers used for INP arrangements in
its LIDB and will store and administer such data in the same manner as
Ameritech's data for its Customers. Ameritech shall provide responses to on-line
queries to the stored information for the purpose of calling card validation,
fraud control and billed numbers screening without charge.
XIII.7.3 If a Customer elects to move its
Telephone Exchange Service back to Party A during the continuance of the RCF or
DID arrangement, Party A shall notify Party B of the Customer's termination of
service with Party B and the Customer's instructions regarding its telephone
number(s) within two (2) Business Days of receiving notification from the
Customer. Subject to procedures generally performed by Party A for potential new
Customers (e.g., credit checks, receipts of deposit), Party A shall reinstate
service to the Customer, cancel the RCF or DID or other applicable arrangement
currently being provisioned, or redirect the RCF or DID or other applicable
arrangement pursuant to the Customer's instructions at that time.
XIII.7.4 At the time a Party requests RCF or DID,
the other Party shall disclose to the other requesting Party any technical or
capacity limitations that would prevent use of a requested INP implementation in
a particular switching office.
XIII.7.5 Ameritech will provide SS7
functionalities (e.g., TCAP messages for CLASS Features) where such
functionalities are available and it is technically feasible to provide such
functionalities in conjunction with Interim Number Portability.
XIII.7.6 When RCF is used for 21st Century
Customers, both the ported numbers and RCF numbers shall be stored in the PSAP
database, to the extent that the database is capable of storing both numbers.
21st Century shall have the right to verify the accuracy of its information in
the PSAP databases. To the extent technically feasible, and subject to the other
terms and conditions of this Article XIII, Ameritech shall make available to
21st Century Customers the same 9-1-1 capabilities as Ameritech makes available
to its Customers.
XIII.7.7 When RCF is used to port a Customer, the
donor provider must maintain the Line Information Database (LIDB) record for
that number to reflect appropriate conditions as reported to it by the porting
service provider. If Party B has not blocked outclear call, Party A must provide
call records (e.g. third-party call collect or calling card calls) to 21st
Century for billing and collection from the Customer. Party A shall send a CARE
transaction to notify the appropriate IXC that access is no longer provided by
Party A for that number.
XIII.7.8 Neither Party shall be required to
provide Number Portability for non-geographic services (e.g., 500 and 900 NPAs,
976 NXX number services and coin telephone numbers) under this Agreement.
XIII.8 Compensation on Traffic to INP'ed Numbers
XIII.8.1 The Parties agree that, under INP,
transport and terminating compensation on Exchange Access calls to INP'ed
numbers should be received by each Customer's chosen LEC through meet-point
billing arrangements, as if each call to the Customer had been originally
addressed by the caller to a telephone number bearing an NPA-NXX directly
assigned to the Customer's chosen LEC. In order to accomplish this objective
where INP is employed, the Parties shall utilize the process set forth in this
Section 13.8, whereby transport and terminating compensation on calls subject to
INP will be passed from the Party (the "Performing Party") that performs the INP
to the other Party (the "Receiving Party") for whose Customer the INP is
provided.
XIII.8.2 For such Exchange Access Traffic, the
Performing Party shall compensate the Receiving Party, consistent with Article
VI of this Agreement (i.e., the Receiving Party shall receive the following rate
elements of the Performing Party's effective interstate and intrastate access
charges): carrier common line (CCL), residual interconnection charge (RIC) or
transport interconnection charge (TIC), local switching (LS), one-half the local
termination (LTT) rate elements, and one-half of the local transport facility
(LTF) rate elements, based on a five (5)-mile LTF.
XIII.8.3 The provision of revenues for Exchange
Access from the Performing Party to the Receiving Party shall be governed by the
audit provisions of Article XXVIII.
XIII.9 Pricing for Interim Number Portability. Each Party shall
comply with the methodology (including recordkeeping) established by the FCC or
the Commission with respect to such Party's recovery in a competitively neutral
manner of its costs to provide Interim Number Portability. To the extent
permitted by the FCC or the Commission, such costs shall include a Party's costs
to deliver calls between the other Party's Customers via Number Portability.
Recovery of Interim Number Portability costs will be in a competitively neutral
manner, as determined by the Commission. Until such time that the Commission
determines a method for the recovery of INP costs, each Party shall provide INP
to each other at a zero rate, and record their marginal costs to a deferred
account. Such accumulated amounts will be treated in a manner consistent with
the Commission's ultimate conclusion in Docket 95-0296.
XIII.10 Permanent Number Portability. The Parties shall migrate
from RCF, DID, NXX Migration or another agreed-upon method to Permanent Number
Portability as soon as practically possible but no later than the date provided
for by the FCC. The Parties shall provide Permanent Number Portability on a
reciprocal basis to each other in accordance with rules and regulations as from
time to time prescribed by the FCC and/or the Commission. Number Portability
(NP) shall include the following requirements:
XIII.10.1 Customers must be able to change local service
providers and retain the same telephone number(s) consistent with FCC
rules and regulations.
XIII.10.2 The NP network architecture shall not require
either Party to rely on the network of the other Party for calls
completing to its ported Customers.
XIII.10.3 When an office is equipped with NP, all NXXs
in the office shall be defined as portable and translations will be
changed in all service provider switches to open those NXXs for
database queries. If a switch serves multiple Rate Centers, then, at
a minimum, all of the NXXs for a Rate Center in that switch shall be
made portable when any one of them is turned up.
XIII.10.4 Both Parties agree to implement Location
Routing Numbers (LRN) as the Permanent Number Portability method,
unless the Commission adopts a different Permanent Number Portability
method consistent with FCC rules and regulations.
XIII.10.5 Processes and Procedures for the
implementation of LRN or any other applicable Permanent Number
Portability method shall be addressed by the Implementation Team, or
any other body established by the Parties or the Commission for the
purpose of addressing the implementation of Permanent Number
Portability.
XIII.10.6 Subject to the terms of the initial
reservation of numbers, when a Customer ports to another service
provider and has previously secured a reservation of line numbers
from the donor provider for possible activation at some future point,
these reserved but inactive numbers shall "port" along with the
active numbers being ported by the Customer in order to ensure that
such Customer will be permitted to expand its service using the same
number range it could use if it remained with the donor provider.
XIII.10.7 Joint Cooperation. Both 21st Century and
Ameritech shall jointly cooperate to implement all requirements for
Permanent Number Portability as set forth in the Act and FCC rules
and regulations, including:
(a) The provision of all emergency and
operator services.
(b) The provision of information necessary
to ensure that both carriers are able to
rate and xxxx all types of calls.
XIII.10.8 The terminating carrier shall be the default
carrier for database queries where a participating carrier is unable
to perform its own query due to abnormal conditions.
XIII.10.9 Party A will provide Party B INP and NP for
Customers moving to a different location, or staying at the same
location, within the same Wire Center or Switching Center area.
XIII.10.10 SMS Administration. Ameritech will work
cooperatively with other local service providers to establish the NP
Service Management System (SMS). The SMS shall be administered by a
neutral third party, to provide for the efficient porting of numbers
between carriers, in accordance with the directions of the FCC or the
Commission. Consistent with the FCC rules and regulations, Ameritech
and 21st Century shall cooperate to facilitate the selection of a
neutral third party and development of SMS,
as well as SMS testing for effective procedures, electronic system
interfaces, and overall readiness for use consistent with that
specified for provisioning in this Agreement.
XIII.11 Requirements for INP and NP
XIII.11.1 White Page Listings. Ameritech shall
provide Directory listings in connection with ported Customers subject to the
requirements of Article XV.
XIII.11.2 Cut-Over Process and Installation
Intervals. Party A shall cooperate in the process of porting numbers from Party
A to Party B so as to limit service outage for the ported Customer. Party A
shall provide INP to Party B at the sooner of (i) the following intervals and
(ii) at parity with intervals that Party A provides INP to any other person:
1-10 Numbers per Service Order 5 days from Party A's Receipt of valid
Service Order
11-20 Numbers per Service Order 10 days from Party A's Receipt of valid
Service Order
21+ Numbers per Service Order to be Negotiated
XIII.11.3 Testing. The Parties shall cooperate in
conducting testing to ensure interconnectivity between systems. Each Party shall
inform the other Party of any system updates that may affect the other Party's
network and shall, at mutually agreeable times, perform tests to validate the
operation of the network. Additional testing requirements may apply as specified
by this Agreement.
XIII.11.4 Engineering and Maintenance. Ameritech
and 21st Century will cooperate to ensure that performance of trunking and
signaling capacity is engineered and managed at levels which are at least at
parity with that provided by Ameritech to its subscribers and to ensure
effective maintenance testing through activities such as routine testing
practices, network trouble isolation processes and review of operational
elements for translations, routing and network fault isolation. Additional
specific engineering and maintenance requirements shall apply as specified in
this Agreement.
XIII.11.5 Recording and Billing. Billing of Number
Portability arrangements shall be governed by Article XXVII, unless any
provision in Article XXVII is deemed inconsistent with the Act or a decision of
a regulatory body of appropriate jurisdiction, in which case such decision shall
apply. Subject to Section 13.7.5, calls originated from RCF ported numbers in
21st Century End Offices and sent to the 21st Century interLATA toll network
must signal the 21st Century number in the Calling Party Number (CPN) parameter
and ported number in the Charge Number (CN) parameter in the SS7 Initial Address
Message.
XIII.11.6 Operator Services and Directory
Assistance. Operation Services and Directory Assistance provisions for Number
Portability arrangements shall be governed by Schedule 9.7.2.
ARTICLE XIV
DIALING PARITY -- SECTIONS 251(b)(3) and 271(e)(2)
NUMBER ADMINISTRATION -- SECTION 251(e)
XIV.1 Dialing Parity. The Parties shall provide Dialing Parity
to each other as required under Section 251(b)(3) of the Act, except as may be
limited by Section 271(e)(2)(B) of the Act.
XIV.2 Number Administration. Until Number Administration
functions are assumed by a neutral third party, in accordance with FCC rules and
regulations, Ameritech will provide nondiscriminatory access to and provisioning
of telephone numbers for assignment by 21st Century in accordance with the
current Central Office Code (NXX) Assignment Guidelines and the current NPA Code
Relief Planning Guidelines, and will comply with numbering administration
guidelines, plans, or rules which may be established in the future.
ARTICLE XV
DIRECTORY LISTINGS -- SECTION 251(b)(3)
XV.1 White Pages Directory Listings. Ameritech shall cause
the Publisher to include Primary Listings of 21st Century's Customers ("21st
Century Directory Customers") in its White Pages Directories under the following
terms and conditions:
XV.1.1 Publisher will publish the Primary
Listing of 21st Century Directory Customers located within the geographic scope
of Publisher's directories at no charge.
XV.1.2 Listings of 21st Century Directory
Customers shall be interfiled with listings of Customers of Ameritech and other
LECs serving the same geographic area where such listings are included within a
directory.
XV.1.3 Publisher shall provide 21st Century
with a copy of such listings prior to publication in such form and format as may
be mutually agreed to by the Parties. Both Parties shall use their best efforts
to ensure the accurate listing of such information.
XV.1.4 Ameritech or its Publisher must receive
all Primary Listings of 21st Century Directory Customers prior to the service
order close date for the directory in which those listings are to appear.
Ameritech or its Publisher will provide 21st Century with appropriate service
order close dates within thirty (30) days of this information becoming
available.
XV.1.5 Publisher may include, at no charge,
Primary Listings of 21st Century Directory Customers and provided to Ameritech
or its Publisher in other directories published by Publisher or its Affiliate.
XV.1.6 Nothing in this Agreement shall restrict
Ameritech's Publisher's authority as publisher of the directories from altering
the geographic scope, directory life, headings, content or format of the
directories. Publisher will provide information on such alterations at the same
time such information is provided to Ameritech.
XV.2 Listing and Listing Updates. 21st Century will provide
21st Century Directory Customer Primary Listings and Listing Updates to
Ameritech or its Publisher on a non-exclusive basis as follows:
XV.2.1 21st Century shall provide its 21st
Century Directory Customer Primary Listings to Ameritech or its Publisher in a
mutually agreeable form and format. 21st Century acknowledges that Ameritech or
its Publisher may impose a charge for changes to 21st Century Directory Customer
Primary Listings previously provided by 21st Century to Ameritech or its
Publisher; however, in no event shall such charge be greater than the amount
Ameritech charges its Customers and such charge shall be calculated in the same
manner as Publisher charges Ameritech for such changes.
XV.2.2 Within one (1) Business Day of
installation, disconnection or other change in service (including change of
non-listed or non-published status) affecting the directory assistance database
or the directory listing of an 21st Century Directory Customer, 21st Century
shall provide Listing Updates to Ameritech or its Publisher in a form and format
acceptable to Publisher. Listing Updates on 21st Century Directory Customers are
to be provided to Ameritech and Listing Updates for facilities-based Customers
of 21st Century shall be provided to Publisher.
XV.2.3 21st Century will cooperate with
Publisher to develop a cost-effective, mutually satisfactory, mechanized or
electronic process for the provision of 21st Century's Listing Updates to
Publisher, which process shall be available for joint testing within six (6)
months of the Effective Date.6/
XV.2.4 Publisher or Ameritech may sell or
license the use of Customer Listings, or Listing Updates to
third persons without the prior written consent of 21st Century; provided,
however, that neither Publisher nor Ameritech will:
(A) disclose non-listed name and address information to any third
person, except as may be necessary to undertake delivery of
directories or to perform other services contemplated under this
Agreement;
---------------
6/ Because the terms of this Agreement are the result of 21st Century's
adoption under Section 252(i) of the Act of the MCI Agreement, the
Parties agree that the term "Effective Date", for purposes of this
Section 15.2.3, shall mean April 20, 1998.
(B) disclose to any third person the identity of a Customer's or
resale Customer's LEC;
(C) sell or license such Customer listing information sorted by
carrier; or
(D) disclose listing information for individual cases where 21st
Century has notified Ameritech.
XV.3 White Pages Directories Delivery. Publisher shall
provide initial and secondary delivery of appropriate White Page Directories for
resale Customers of 21st Century on the same basis as Publisher delivers White
Pages Directories to Ameritech's retail Customers. Publisher and 21st Century
may enter into a separate directory services agreement which, among the services
provided, would include the delivery of White Page Directories to facilities-
based Customers of 21st Century.
XV.4 Nondiscriminatory Formats. Ameritech shall cause
Publisher to make available to 21st Century Customers the same White Pages
formats that Publisher provides Ameritech's retail Customers.
ARTICLE XVI
ACCESS TO POLES, DUCTS, CONDUITS AND
RIGHTS-OF-WAY -- SECTIONS 251(b)(4) AND 224
XVI.1 Structure Availability
XVI.1.1 Ameritech shall make available, to the
extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way
(individually and collectively, "Structure") owned or controlled by Ameritech
for the placement of 21st Century's wires, cables and related facilities
(individually and collectively, "Attachments"). "Rights-of-way" means (i) a
legal interest of Ameritech in property of others, such as an easement or
license, suitable for use for communications distribution facilities or (ii)
Ameritech's own or leased property if such property is used for communications
distribution facilities; provided, however until such time as may be ordered
otherwise by the FCC or Commission, it does not generally include controlled
environment vaults, remote equipment buildings, huts or enclosures,
cross-connect cabinets, panels and boxes, equipment closets or enclosures in
buildings, or any like or similar equipment enclosures or locations, or the
ducts or conduit connecting any of the foregoing to manholes or conduit runs
between manholes. The availability of Ameritech Structure for 21st Century's
Attachments is subject to and dependent upon all rights, privileges, franchises
or authorities granted by governmental entities with jurisdiction, existing and
future agreements with other persons not inconsistent with Section 16.20, all
interests in property granted by persons or entities public or private, and
Applicable Law, and all terms, conditions and limitations of any or all of the
foregoing, by which Ameritech owns and controls Structure or interests therein.
XVI.1.2 Ameritech will not make Structure
available: (1) where, after taking all reasonable steps to accommodate such
request, there is insufficient Capacity to accommodate the requested Attachment,
and (2) an Attachment cannot be accommodated based upon
nondiscriminatorily applied considerations of safety, reliability or engineering
principles. For purposes of this Article XVI, "Capacity" means space available
on or in Structure for a requesting party's Attachment without the requirement
of modifications to the Structure. Before denying a request for access based
upon insufficient Capacity, Ameritech will, in good faith, explore potential
accommodations with 21st Century. If Ameritech denies a request by 21st Century
for access to its Structure for insufficient Capacity, safety, reliability or
engineering reasons, Ameritech will provide 21st Century a detailed, written
reason for such denial (i) as soon as practicable but in any event within
forty-five (45) days of the date of such request if Ameritech has actual or
constructive knowledge of the reasons for such denial or (ii) promptly upon
Ameritech's receipt of such reasons for denial if such reasons are not known
until after the expiration of such forty-five (45)-day period.
XVI.2 Franchises, Permits and Consents. 21st Century shall be
solely responsible to secure any necessary franchises, permits or consents from
federal, state, county or municipal authorities and from the owners of private
property, to construct and operate its Attachments at the location of the
Ameritech Structure it uses. 21st Century shall submit to Ameritech satisfactory
evidence of 21st Century's lawful authority to occupy such Rights-of-way and
construct its Attachments therein.
XVI.3 Access and Modifications. Where necessary to accommodate
a request for access of 21st Century, Ameritech will modify its Structure in
order to accommodate the Attachments of 21st Century as set forth in this
Section 16.3, unless (i) Ameritech has denied access as described in Section
16.1.2, and/or (ii) because Ameritech may not lawfully make the Structure
available. Ameritech may permit 21st Century to conduct Field Survey Work and
Make-Ready Work itself or through its own contractors in circumstances where
Ameritech is unable to complete such work in a reasonable time frame.
XVI.3.1 Before commencing the work necessary to
provide such additional Capacity, Ameritech will notify all other parties having
Attachments on or in the Structure of the proposed modification to the
Structure. The modification to accommodate 21st Century may, at Ameritech's
option, include modifications required to accommodate other attaching parties,
including Ameritech, that desire to modify their Attachments.
XVI.3.2 If 21st Century requests access to an
Ameritech Right-of-way where Ameritech has no existing Structure, Ameritech
shall not be required to construct new poles, conduits or ducts, or to bury
cable for 21st Century but will be required to make the Right-of-way available
to 21st Century to construct its own poles, conduits or ducts or to bury its own
cable; provided, however, if Ameritech desires to extend its own Attachments,
Ameritech will construct Structure to accommodate 21st Century's Attachments.
XVI.3.3 The costs of modifying a Structure to
accommodate 21st Century's request, the requests of another attaching party or
the needs of Ameritech shall be borne by 21st Century, the other requesting
party or Ameritech, respectively, except that if other parties obtain access to
the Structure as a result of the modification, such parties shall share in the
cost of modification proportionately with the party initiating the modification.
An attaching party, including Ameritech, with a pre-existing Attachment to the
Structure to be modified to
accommodate 21st Century shall be deemed to directly benefit from the
modification if, after receiving notification of the modification, it adds to or
modifies its Attachment. If a party, including Ameritech, uses the modification
to bring its Structure or Attachments into compliance with applicable safety or
other requirements specified in Section 16.6, it shall be considered as sharing
in the modification and shall share the costs of the modification attributable
to its upgrade. Notwithstanding the foregoing, an attaching party or Ameritech
with a pre-existing Attachment to the Structure shall not be required to bear
any of the costs of rearranging or replacing its Attachment if such
rearrangement or replacement is necessitated solely as a result of an additional
Attachment or the modification of an existing Attachment sought by another
attaching party. If an attaching party, including Ameritech, makes an Attachment
to the facility after the completion of the modification, such party shall share
proportionately in the cost of the modification if such modification rendered
the added attachment possible.
XVI.3.4 All modifications to Ameritech's
Structure will be owned by Ameritech. 21st Century and other parties, including
Ameritech, who contributed to the cost of a modification, may recover their
proportionate share of the depreciated value of such modifications from parties
subsequently seeking Attachment to the modified structure. Any necessary
procedures with respect to a Party's recovery of its proportionate share of the
value of any modifications shall be as prescribed by the Implementation Team.
XVI.4 Installation and Maintenance Responsibility. 21st
Century shall, at its own expense, install and maintain its Attachments in a
safe condition and in thorough repair so as not to conflict with the use of the
Structure by Ameritech or by other attaching parties. Work performed by 21st
Century on, in or about Ameritech's Structures shall be performed by competent
workmen skilled in the trade with qualifications and training at least
equivalent to that of the workers and contractors of Ameritech. Ameritech will
specify the location on the Structure where 21st Century's Attachment shall be
placed, which location shall be designated in a nondiscriminatory manner. 21st
Century shall construct each Attachment in conformance with the permit issued by
Ameritech for such Attachment. Other than routine maintenance and service wire
Attachments, 21st Century shall not modify, supplement or rearrange any
Attachment without first obtaining any permit required by the applicable party.
21st Century shall provide Ameritech with notice before entering any Structure
for construction or maintenance purposes.
XVI.5 Emergency Repairs. In the event of an emergency,
Ameritech shall begin repair of its facilities containing 21st Century's
Attachments as soon as reasonably possible after notification by 21st Century.
XVI.6 Installation and Maintenance Standards. 21st Century's
Attachments shall be installed and maintained in accordance with the rules,
requirements and specifications of the National Electrical Code, National
Electrical Safety Code, Bellcore Construction Practices, the Commission, the
Occupational Safety & Health Act and the valid and lawful rules, requirements
and specifications of any other governing authority having jurisdiction over the
subject matter.
XVI.7 Implementation Team. The Implementation Team to be
formed pursuant to Article XVIII shall develop cooperative procedures for
implementing the terms of this Article XVI and to set out such procedures in the
Implementation Plan. The Parties, through the
Implementation Team, shall develop mutually agreeable intervals for completion
of process steps in providing 21st Century access to Ameritech's Structure and
appropriate penalties for failure to timely complete process steps for which
fixed intervals have been assigned. Ameritech will provide 21st Century with
access to information regarding the provision of access to Ameritech's Structure
which will be sufficient for 21st Century to verify that Ameritech is providing
21st Century with access to its Structure that is comparable to that provided by
Ameritech to itself, its subsidiaries, Affiliates and other persons requesting
access to Ameritech's Structure.
XVI.8 Access Requests. Any request by 21st Century for access
to Ameritech's Structure shall be in writing and submitted to Ameritech's
Structure Leasing Coordinator. Ameritech may not unreasonably limit the number
and scope of requests from 21st Century being processed at any one time and may
prescribe a reasonable non-discriminatory process for orderly administration of
such requests. 21st Century's Attachment to Ameritech's Structure shall be
pursuant to a permit issued by Ameritech for each request for access.
XVI.9 Unused Space. Excepting maintenance ducts as provided in
Section 16.10 and ducts required to be reserved for use by municipalities, all
useable but unused space on Structure owned or controlled by Ameritech shall be
available for the Attachments of 21st Century, Ameritech or other providers of
Telecommunications Services or cable television systems. 21st Century may not
reserve space on Ameritech Structure for its future needs. Ameritech shall not
reserve space on Ameritech Structure for the future need of Ameritech nor permit
any other person to reserve such space. Notwithstanding the foregoing, 21st
Century may provide Ameritech with a two (2)-year rolling forecast of its growth
requirements for Structure that will be reviewed jointly on an annual basis.
XVI.10 Maintenance Ducts
XVI.10.1 One duct and one inner-duct in each conduit
section shall be kept vacant as maintenance ducts.
Maintenance ducts shall be made available to 21st Century for maintenance
purposes if it has a corresponding Attachment.
XVI.10.2 Where a spare innerduct does not exist,
upon the mutual agreement of the Parties, Ameritech shall allow 21st Century to
install an innerduct in Ameritech conduit.
XVI.11 Applicability. The provisions of this Agreement shall
apply to all Ameritech Structure now occupied by 21st Century.
XVI.12 Other Arrangements. 21st Century's use of Ameritech
Structure is subject to any valid, lawful and nondiscriminatory arrangements
Ameritech may now or hereafter have with others pertaining to the Structure.
XVI.13 Cost of Certain Modifications. If at the request of a
governmental entity, third person, court or Commission or property owner,
Ameritech moves, replaces or changes the location, alignment or grade of its
conduits or poles, each Party shall bear its own expenses of relocating its own
equipment and facilities.
XVI.14 Maps and Records. Ameritech will provide 21st Century,
at 21st Century's request and expense, with access to and copies of maps,
records and additional information relating to its Structure within the time
frames agreed upon by the Implementation Team; provided that Ameritech may
redact any proprietary information (of Ameritech or third parties) contained or
reflected in any such maps, records or additional information before providing
such information to 21st Century. Upon request, Ameritech will meet with 21st
Century to clarify matters relating to maps, records or additional information.
Ameritech does not warrant the accuracy or completeness of information on any
maps or records.
XVI.15 21st Century Access. 21st Century shall provide
Ameritech with notice before entering any Ameritech Structure.
XVI.16 Occupancy Permit. 21st Century occupancy of Structure
shall be pursuant to a permit issued by Ameritech for each requested Attachment.
Any such permit shall terminate (a) if 21st Century's franchise, consent or
other authorization from federal, state, county or municipal entities or private
property owners is terminated, (b) if 21st Century has not placed and put into
service its Attachments within one hundred eighty (180) days from the date
Ameritech has notified 21st Century that such Structure is available for 21st
Century's Attachments, and such delay is not caused by an Ameritech Delaying
Event, (c) if 21st Century ceases to use such Attachment for any period of one
hundred eighty (180) consecutive days, (d) if 21st Century fails to comply with
a material term or condition of this Article XVI and does not correct such
noncompliance within sixty (60) days after receipt of notice thereof from
Ameritech or (e) if Ameritech ceases to have the right or authority to maintain
its Structure, or any part thereof, to which 21st Century has Attachments. If
Ameritech ceases to have the right or authority to maintain its Structure, or
any part thereof, to which 21st Century has Attachments, Ameritech shall (i)
provide 21st Century notice within ten (10) Business Days after Ameritech has
knowledge of such fact and (ii) not require 21st Century to remove its
Attachments from such Structure prior to Ameritech's removal of its own
attachments. Ameritech will provide 21st Century with at least sixty (60) days'
written notice prior to (x) terminating a permit or service to an 21st Century
Attachment or removal thereof for a material breach of the provisions of this
Article XVI, (y) any increase in the rates for Attachments to Ameritech's
Structure permitted by the terms of this Agreement, or (z) any modification to
Ameritech's Structure to which 21st Century has an Attachment, other than a
modification associated with routine maintenance or as a result of an emergency.
If 21st Century surrenders its permit for any reason (including forfeiture under
the terms of this Agreement), but fails to remove its Attachments from the
Structure within one hundred eighty (180) days after the event requiring 21st
Century to so surrender such permit, Ameritech shall remove 21st Century's
Attachments at 21st Century's expense.
XVI.17 Inspections. Ameritech may make periodic inspections of
any part of the Attachments of 21st Century located on Ameritech Structures.
When reasonably practicable to do so, Ameritech shall provide prior written
notice to 21st Century of such inspections.
XVI.18 Damage to Attachments. Both 21st Century and Ameritech
will exercise precautions to avoid damaging the Attachments of the other or to
any Ameritech Structure to
which 21st Century obtains access hereunder. Subject to the limitations in
Article XXVI, the Party damaging the Attachments of the other shall be
responsible to the other therefor.
XVI.19 Charges. Ameritech's charges for Structure provided
hereunder shall be determined in compliance with the regulations to be
established by the FCC pursuant to Section 224 of the Act. Prior to the
establishment of such rates, Ameritech's charges for Structure will be those of
the lowest existing contract available to an attaching party in the State of
Illinois, including any Affiliate of Ameritech. The charges as of the Effective
Date are set forth at Item VIII of the Pricing Schedule and Ameritech reserves
the right to periodically adjust such charges consistent with the foregoing. A
reasonable deposit shall be required for map preparation, make-ready surveys and
Make-Ready Work.
XVI.20 Nondiscrimination. Except as otherwise permitted by
Applicable Law, access to Ameritech owned or controlled Structure shall be
provided to 21st Century on a basis that is nondiscriminatory to that which
Ameritech provides to itself, its Affiliates, Customers, or any other person.
XVI.21 Interconnection
XVI.21.1 Upon request by 21st Century, Ameritech
will permit the interconnection of ducts or conduits owned by 21st Century in
Ameritech manholes.
XVI.21.2 Except where required herein, requests by
21st Century for interconnection of 21st Century's Attachments in or on
Ameritech Structure with the Attachments of other attaching parties in or on
Ameritech Structure will be considered on a case-by-case basis and permitted or
denied based on the applicable standards set forth in this Article XVI for
reasons of insufficient Capacity, safety, reliability and engineering. Ameritech
will provide a written response to 21st Century's request within forty-five (45)
days of Ameritech's receipt of such request.
XVI.21.3 21st Century shall be responsible for the
costs of any Make-Ready-Work required to accommodate any interconnection
pursuant to this Section 16.21.
XVI.22 Cost Imputation. Ameritech will impute costs consistent
with the rules under Section 224(g) of the Act.
XVI.23 Structure Leasing Coordinator. Requests for access to
Ameritech Structure shall be made through Ameritech's Structure Leasing
Coordinator, who shall be 21st Century's single point of contact for all matters
relating to 21st Century's access to Ameritech's Structure. The Structure
Leasing Coordinator shall be responsible for processing requests for access to
Ameritech's Structure, administration of the process of delivery of access to
Ameritech's Structure and for all other matters relating to access to
Ameritech's Structure.
XVI.24 State Regulation. The terms and conditions in this
Article XVI shall be modified through negotiation between the Parties to comply
with the regulations of the state in which Ameritech owns or controls Structure
to which 21st Century seeks access if such state
meets the requirements of Section 224(c) of the Act for regulating rates, terms
and conditions for pole attachments and so certifies to the FCC under Section
224(c) of the Act and the applicable FCC rules pertaining hereto. Until the
terms and conditions of this Article XVI are renegotiated, the rules,
regulations and orders of such state so certifying shall supersede any provision
herein inconsistent therewith.
XVI.25 Abandonments, Sales or Dispositions. Ameritech shall
notify 21st Century of the proposed abandonment, sale, or other intended
disposition of any Structure.
ARTICLE XVII
REFERRAL ANNOUNCEMENT
When a Customer changes its service provider from Ameritech to 21st
Century, or from 21st Century to Ameritech, and does not retain its original
telephone number, the Party formerly providing service to such Customer shall
provide a referral announcement ("Referral Announcement") on the abandoned
telephone number which provides details on the Customer's new number. Referral
Announcements shall be provided reciprocally, free of charge to both the other
Party and the Customer, for a period of four (4) months after the date the
Customer changes its telephone number in the case of business Customers and
sixty (60) days after the date the Customer changes its telephone number in the
case of residential Customers. However, if either Party provides Referral
Announcements for a period different (either shorter or longer) than the above
respective periods when its Customers change their telephone numbers, such Party
shall provide the same level of service to Customers of the other Party.
ARTICLE XVIII
IMPLEMENTATION TEAM AND IMPLEMENTATION PLAN
XVIII.1 Implementation Team. This Agreement sets forth the
overall standards of performance for the services, processes, and systems
capabilities that the Parties will provide to each other, and the intervals at
which those services, processes and capabilities will be provided. The Parties
understand that the arrangements and provision of services described in this
Agreement shall require technical and operational coordination between the
Parties. Accordingly, the Parties agree to form a team (the "Implementation
Team") which shall develop and identify those processes, guidelines,
specifications, standards and additional terms and conditions necessary to
support and satisfy the standards set forth in this Agreement and implement each
Party's obligations hereunder. Within five (5) days after the Effective Date,7/
each Party shall designate, in writing, not more than four (4) persons to be
permanent members of the Implementation Team; provided that either Party may
include in meetings or activities such technical specialists or other
individuals as may be reasonably required to address a specific task, matter or
subject. Each Party may replace its representatives on the Implementation Team
by delivering written notice thereof to the other Party. Each Party represents
and warrants that its representatives on the Implementation Team shall have
authority to make decisions on behalf of such Party and bind such Party.
XVIII.2 Implementation Plan. Within ninety (90) days after the
date on which the Commission (or the FCC if the Commission fails to act)
approves this Agreement under Section 252 of the Act, the agreements reached by
the Implementation Team shall be documented in an operations manual (the
"Implementation Plan"). The Implementation Plan shall address the following
matters, and may include any other matters agreed upon by the Implementation
Team:
(1) the respective duties and responsibilities of the
Parties with respect to the administration and
maintenance of the Interconnections (including
signaling) specified in Article III and the trunk
groups specified in Article IV and, including
standards and procedures for notification and
discoveries of trunk disconnects;
(2) disaster recovery and escalation provisions;
(3) Access to Operations Support Systems functions
provided hereunder, including interfaces and
gateways;
(4) Escalation procedures for ordering, provisioning,
billing, and maintenance;
---------------
7/ Because the terms of this Agreement are the result of 21st Century's
adoption under Section 252(i) of the Act of the MCI Agreement, the
Parties agree that the term "Effective Date", for purposes of this
Section 18.1, shall mean April 20, 1998.
(5) Single points of contact for ordering,
provisioning, billing, and maintenance;
(6) Service ordering and provisioning procedures,
including provision of the trunks and facilities;
(7) Provisioning and maintenance support;
(8) Conditioning and provisioning of Collocation space
and maintenance of Virtually Collocated equipment;
(9) Procedures and processes for Directories and
Directory Listings;
(10) Service referral procedures, including procedures
for handling misdirected inquiries and calls and
procedures for handling out-of-service or irate
Customers;
(11) Training;
(12) Billing processes and procedures, including
measurements and ratings;
(13) Network planning components, including system
architecture, planning SONET equipment
configuration, fiber hand-off, test and acceptance
of SONET ring, trunking, signaling, and augment
process;
(14) Joint systems readiness and operational readiness
plans;
(15) Appropriate testing of services, equipment,
facilities and Network Elements;
(16) Monitoring of inter-company operational processes;
(17) Procedures for coordination of local PIC changes
and processing;
(18) Information regarding reporting and levels of
content for performance benchmark records;
(19) Physical and network security concerns; and
(20) Such other matters specifically referenced in this
Agreement that are to be agreed upon by the
Implementation Team and/or contained in the
Implementation Plan.
XVIII.3 Action of Implementation Team. The Implementation Plan
may be amended from time to time by the Implementation Team as the team deems
appropriate. Unanimous
written consent of the permanent members of the Implementation Team shall be
required for any action of the Implementation Team. If the Implementation Team
is unable to act, the existing provisions of the Implementation Plan shall
remain in full force and effect.
XVIII.4 Further Coordination and Performance. Except as
otherwise agreed upon by the Parties, on a mutually agreed-upon day and time
once a month during the Term, the Implementation Team shall discuss the
performance of the Parties under this Agreement. At each such monthly meeting
the Parties will discuss: (i) the administration and maintenance of the
Interconnections and trunk groups provisioned under this Agreement; (ii) the
Parties' provisioning of the services provided under this Agreement; (iii) the
Parties' compliance with the Performance Benchmarks set forth in this Agreement
and any areas in which such performance may be improved; (iv) any problems that
were encountered during the preceding month or anticipated in the upcoming
month; (v) the reason underlying any such problem and the effect, if any, that
such problem had, has or may have on the performance of the Parties and (vi) the
specific steps taken or proposed to be taken to remedy such problem. In addition
to the foregoing, the Parties through their representatives on the
Implementation Team or such other appropriate representatives will meet to
discuss any matters that relate to the performance of this Agreement, as may be
requested from time to time by either of the Parties.
XVIII.5 Dispute Resolution. If the Implementation Team is unable
to agree upon any of the matters to be included in the Implementation Plan, then
either Party may invoke the procedures set forth in Section 28.3.
ARTICLE XIX
GENERAL RESPONSIBILITIES OF THE PARTIES
XIX.1 Compliance with Implementation Schedule. Each of
Ameritech and 21st Century shall use its best efforts to comply with the
Implementation Schedule.
XIX.2 Compliance with Applicable Law. Each Party shall comply
at its own expense with all applicable federal, state, and local statutes, laws,
rules, regulations, codes, effective orders (not subject to an effective stay),
decisions, injunctions, judgments, awards and decrees ("Applicable Laws") that
relate to its obligations under this Agreement.
XIX.3 Necessary Approvals. Each Party shall be responsible for
obtaining and keeping in effect all approvals from, and rights granted by,
governmental authorities, building and property owners, other carriers, and any
other persons that may be required in connection with the performance of its
obligations under this Agreement. Each Party shall reasonably cooperate with the
other Party in obtaining and maintaining any required approvals and rights for
which such Party is responsible.
XIX.4 Environmental Hazards. Each Party will be solely
responsible at its own expense for the proper handling, storage, transport,
treatment, disposal and use of all Hazardous Substances by such Party and its
contractors and agents. "Hazardous Substances" includes those substances (i)
included within the definition of hazardous substance, hazardous waste,
hazardous material, toxic substance, solid waste or pollutant or contaminant
under any Applicable Law and (ii) listed by any governmental agency as a
hazardous substance.
XIX.5 Forecasting Requirements
XIX.5.1 The Parties shall exchange technical
descriptions and forecasts of their Interconnection and traffic requirements in
sufficient detail necessary to establish the Interconnections required to assure
traffic completion to and from all Customers in their respective designated
service areas.
XIX.5.2 Thirty (30) days after the Effective
Date/8/ and each month during the term of this Agreement, - each Party shall
provide the other Party with a rolling, six (6)-calendar-month forecast (which
forecast shall be non-binding, except as provided in Section 4.3.1) of its
traffic and volume requirements for the Interconnection and Network Elements
provided under this Agreement, in the form and in such detail as agreed by the
Parties. Notwithstanding Section 20.1.1, the Parties agree that each forecast
provided under this Section 19.5.2 shall be deemed "Proprietary Information"
under Article XX.
XIX.6 Certain Network Facilities. Each Party is individually
responsible to provide facilities within its network which are necessary for
routing, transporting, measuring, and billing traffic from the other Party's
network and for delivering such traffic to the other Party's network using
industry standard format and to terminate the traffic it receives in that
standard format to the proper address on its network. Such facility shall be
designed based upon the description and forecasts provided under Sections 19.5.1
and 19.5.2. The Parties are each solely responsible for participation in and
compliance with national network plans, including The National Network Security
Plan and The Emergency Preparedness Plan.
XIX.7 Traffic Management and Network Harm
XIX.7.1 Each Party may use protective network
traffic management controls such as 7-digit and 10-digit code gaps on traffic
toward the other Party's network, when required to protect the public-switched
network from congestion due to facility failures, switch congestion or failure
or focused overload. Each Party shall immediately notify the other Party of any
protective control action planned or executed.
XIX.7.2 Where the capability exists, originating
or terminating traffic reroutes may be implemented by either Party to
temporarily relieve network congestion due to facility failures or abnormal
calling patterns. Reroutes shall not be used to circumvent normal trunk
servicing. Expansive controls shall be used only when mutually agreed to by the
Parties.
---------------
8/ Because the terms of this Agreement are the result of 21st Century's
adoption under Section 252(i) of the Act of the MCI Agreement, the
Parties agree that the term "Effective Date", for purposes of this
Section 19.5.2, shall mean April 20, 1998.
XIX.7.3 The Parties shall cooperate and share
pre-planning information regarding cross-network call-ins expected to generate
large or focused temporary increases in call volumes, to prevent or mitigate the
impact of these events on the public-switched network.
XIX.7.4 Neither Party shall use any product or
service provided under this Agreement or any other service related thereto or
used in combination therewith in any manner that interferes with any person in
the use of such person's Telecommunications Service, prevents any person from
using its Telecommunications Service, impairs the quality of Telecommunications
Service to other carriers or to either Party's Customers, causes electrical
hazards to either Party's personnel, damage to either Party's equipment or
malfunction of either Party's billing equipment.
XIX.8 Insurance. At all times during the term of this
Agreement, each Party shall keep and maintain in force at such Party's expense
all insurance required by Applicable Law, general liability insurance in the
amount of at least $10,000,000 and worker's compensation insurance in accord
with statutory limits. Upon request from the other Party, each Party shall
provide to the other Party evidence of such insurance (which may be provided
through a program of self-insurance).
XIX.9 Labor Relations. Each Party shall be responsible for
labor relations with its own employees. Each Party agrees to notify the other
Party as soon as practicable whenever such Party has knowledge that a labor
dispute concerning its employees is delaying or threatens to delay such Party's
timely performance of its obligations under this Agreement and shall minimize
impairment of service to the other Party (by using its management personnel to
perform work or by other means) in the event of a labor dispute to the extent
permitted by Applicable Law.
XIX.10 Good Faith Performance. Each Party shall act in good
faith in its performance under this Agreement and, in each case in which a
Party's consent or agreement is required or requested hereunder, such Party
shall not unreasonably withhold or delay such consent or agreement, as the case
may be.
XIX.11 Responsibility to Customers. Each Party is solely
responsible for the services it provides to its Customers and to other
Telecommunications Carriers.
XIX.12 Unnecessary Facilities. No Party shall construct
facilities which require another Party to build unnecessary facilities.
XIX.13 Cooperation. Consistent with Section 18.1, the Parties
shall work cooperatively to minimize fraud associated with third-number billed
calls, calling card calls, and any other services related to this Agreement.
XIX.14 NXX Code Administration. Each Party is responsible for
administering NXX codes assigned to it.
XIX.15 LERG Listings. Each Party is responsible for obtaining
Local Exchange Routing Guide ("LERG") listings of CLLI codes assigned to its
switches.
XIX.16 Lerg Use. Each Party shall use the LERG published by
Bellcore or its successor for obtaining routing information and shall provide
all required information to Bellcore for maintaining the LERG in a timely
manner.
XIX.17 Switch Programming. Each Party shall program and update
its own Switches and network systems to recognize and route traffic to and from
the other Party's assigned NXX codes. Except as mutually agreed or as otherwise
expressly defined in this Agreement, neither Party shall impose any fees or
charges on the other Party for such activities.
XIX.18 Transport Facilities. Each Party is responsible for
obtaining transport facilities sufficient to handle traffic between its network
and the other Party's network. Each Party may provide the facilities itself,
order them through a third party, or order them from the other Party.
XIX.19 Time is of the Essence. The Parties agree that each of
their respective obligations set forth herein, including the performance
standards, intervals, and technical requirements contained herein, are material
obligations hereof and that time is of the essence.
ARTICLE XX
PROPRIETARY INFORMATION
XX.1 Definition of Proprietary Information
XX.1.1 "Proprietary Information" means:
(A) all proprietary or confidential
information of a Party (a "Disclosing
Party") including specifications,
drawings, sketches, business
information, forecasts, records
(including each Party's records
regarding Performance Benchmarks),
Customer Proprietary Network
Information, Customer Usage Data, audit
information, models, samples, data,
system interfaces, computer programs and
other software and documentation,
including any and all information
subject to any intellectual property
rights of such Party, that is furnished
or made available or otherwise disclosed
to the other Party or any of such other
Party's Affiliates (individually and
collectively, a "Receiving Party")
pursuant to this Agreement and, if
written, is marked "Confidential" or
"Proprietary" or by other similar notice
or if oral or visual, is identified as
"Confidential" or "Proprietary" at the
time of disclosure; and
(B) any portion of any notes, analyses,
data, compilations, studies,
interpretations, programs, or other
documents or works prepared by
or on behalf of any Receiving Party
to the extent the same contain,
reflect, are derived from, or are
based upon, any of the information
described in subsection (a) above,
unless such information contained or
reflected in such notes, analyses,
etc. is so commingled with the
Receiving Party's information that
disclosure could not possibly
disclose the underlying proprietary
or confidential information (such
portions of such notes, analyses,
etc. referred to herein as
"Derivative Information").
XX.1.2 The Disclosing Party will use its
reasonable efforts to follow its customary practices regarding the marking of
tangible Proprietary Information as "confidential," "proprietary," or other
similar designation, but the failure to xxxx or otherwise designate any
information described in this Section 20.1.2 as confidential or proprietary
shall not affect its status as Proprietary Information. The Parties agree that
the designation in writing by the Disclosing Party that information is
confidential or proprietary shall create a presumption that such information is
confidential or proprietary to the extent such designation is reasonable.
XX.1.3 Notwithstanding the requirements of this
Article XX, all information relating to the Customers of a Party, including
information that would constitute Customer Proprietary Network Information
(CPNI) of a Party pursuant to the Act and FCC rules and regulations, and
Customer Usage Data, whether disclosed by one Party to the other Party or
otherwise acquired by a Party in the course of the performance of this
Agreement, shall be deemed "Proprietary Information" of that Party. A Party may
only use CPNI consistent with the Act and the appropriate authorization from the
Customer.
XX.2 Disclosure and Use
XX.2.1 Each Receiving Party agrees that, from and after
the Effective Date:
(A) all such Proprietary Information
communicated, whether before, on or after
the Effective Date,9/ to it or any of its
contractors, consultants or agents
("Representatives") in connection with
this Agreement shall be held in confidence
to the same extent as such Receiving Party
holds its own confidential information;
provided, that such Receiving Party or
Representative shall not use less than a
reasonable standard of care in maintaining
the confidentiality of such information;
(B) it will not, and it will not permit any of
its employees, Affiliates or
Representatives to disclose such
Proprietary Information to any third
person;
---------------
9/ Because the terms of this Agreement are the result of 21st Century's
adoption under Section 252(i) of the Act of the MCI Agreement, the
Parties agree that the term "Effective Date", for purposes of this
Section 20.2.1(a), shall mean April 20, 1998.
(C) it will disclose Proprietary Information
only to those of its employees, Affiliates
and Representatives who have a need for it
in connection with the use or provision of
services required to fulfill this
Agreement;
(D) it will, and will cause each of its
employees, Affiliates and Representatives
to use such Proprietary Information to
effectuate the terms and conditions of
this Agreement and for no other purpose;
and
(E) it will, and will cause each of its
employees, Affiliates and Representatives
to, use such Proprietary Information to
create only that Derivative Information
necessary for such Receiving Party's
compliance with Applicable Law or its
performance under the terms of this
Agreement.
XX.2.2 A Receiving Party may disclose
Proprietary Information of a Disclosing Party to its Representatives who need to
know such information to perform the Receiving Party's obligations under this
Agreement; provided that, before disclosing any Proprietary Information to any
Representative, such Party shall notify such Representative of such person's
obligation to comply with this Agreement. Any Receiving Party so disclosing
Proprietary Information to its Representatives shall be responsible for any
breach of this Agreement by any of its Representatives and such Receiving Party
agrees, at its sole expense, to use its reasonable efforts (including court
proceedings) to restrain its Representatives from any prohibited or unauthorized
disclosure or use of the Proprietary Information. Each Receiving Party making
such disclosure shall notify the Disclosing Party as soon as possible if it has
knowledge of a breach of this Agreement in any material respect. A Disclosing
Party shall not disclose Proprietary Information directly to a Representative of
the Receiving Party without the prior written authorization of the Receiving
Party. A Disclosing Party may, however, disclose Proprietary Information
directly to an Affiliate of the Receiving Party without the prior written
authorization of the Receiving Party.
XX.2.3 Proprietary Information shall not be
reproduced by any Receiving Party in any form except to the extent (i) necessary
to comply with the provisions of Section 20.3 and (ii) reasonably necessary to
perform its obligations under this Agreement. All such reproductions shall bear
the same copyright and proprietary rights notices as are contained in or on the
original.
XX.2.4 This Section 20.2 shall not apply to any
Proprietary Information which the Receiving Party can establish to have:
(A) been disclosed by the Receiving Party
with the Disclosing Party's prior written
consent;
(B) become generally available to the
public other than as a result of
disclosure by a Receiving Party;
(C) been independently developed by a
Receiving Party by an individual who has
not had knowledge of or direct or indirect
access to such Proprietary Information;
(D) been rightfully obtained by the Receiving
Party from a third person without
knowledge that such third person is
obligated to protect its confidentiality;
provided that such Receiving Party has
used all commercially reasonable efforts
to determine whether such third person has
any such obligation; or
(E) been obligated to be produced or disclosed
by Applicable Law; provided that such
production or disclosure shall have been
made in accordance with this Article XX.
XX.2.5 Except as expressly provided, nothing in
this Article XX shall be construed as limiting the rights of either Party with
respect to its customer information under any Applicable Law, including Section
222 of the Act.
XX.3 Government Disclosure
XX.3.1 If a Receiving Party desires to disclose
or provide to the Commission, the FCC or any other governmental authority any
Proprietary Information of the Disclosing Party, such Receiving Party shall,
prior to and as a condition of such disclosure, (i) provide the Disclosing Party
with written notice and the form of such proposed disclosure as soon as possible
but in any event early enough to allow the Disclosing Party to protect its
interests in the Proprietary Information to be disclosed and (ii) attempt to
obtain in accordance with the applicable procedures of the intended recipient of
such Proprietary Information an order, appropriate protective relief or other
reliable assurance that confidential treatment shall be accorded to such
Proprietary Information.
XX.3.2 If a Receiving Party is required by any
governmental authority or by Applicable Law to disclose any Proprietary
Information, then such Receiving Party shall provide the Disclosing Party with
written notice of such requirement as soon as possible and prior to such
disclosure. Upon receipt of written notice of the requirement to disclose
Proprietary Information, the Disclosing Party, at its expense, may then either
seek appropriate protective relief in advance of such requirement to prevent all
or part of such disclosure or waive the Receiving Party's compliance with this
Section 20.3 with respect to all or part of such requirement.
XX.3.3 The Receiving Party shall use all
commercially reasonable efforts to cooperate with the Disclosing Party in
attempting to obtain any protective relief which such Disclosing Party chooses
to seek pursuant to this Section 20.3. In the absence of such relief, if the
Receiving Party is legally compelled to disclose any Proprietary Information,
then the Receiving Party shall exercise all commercially reasonable efforts to
preserve the confidentiality of the Proprietary Information, including
cooperating with the Disclosing Party to obtain an
appropriate order or other reliable assurance that confidential treatment will
be accorded the Proprietary Information.
XX.4 Ownership
XX.4.1 All Proprietary Information shall remain
the property of the Disclosing Party, and all documents or other tangible media
delivered to the Receiving Party that embody such Proprietary Information shall
be, at the option of the Disclosing Party, either promptly returned to the
Disclosing Party or destroyed, except as otherwise may be required from time to
time by Applicable Law (in which case the use and disclosure of such Proprietary
Information will continue to be subject to this Agreement), upon the earlier of
(i) the date on which the Receiving Party's need for it has expired and (ii) the
expiration or termination of this Agreement (including any applicable Transition
Period).
XX.4.2 At the request of the Disclosing Party,
any Derivative Information shall be, at the option of the Receiving Party,
either promptly returned to the Disclosing Party or destroyed, except as
otherwise may be required from time to time by Applicable Law (in which case the
use and disclosure of such Proprietary Information will continue to be subject
to this Agreement), upon the earlier of (i) the date on which the Receiving
Party's need for it has expired and (ii) the expiration or termination of this
Agreement (including any applicable Transition Period).
XX.4.3 The Receiving Party may at any time
either return to the Disclosing Party or destroy Proprietary Information.
XX.4.4 If destroyed, all copies shall be
destroyed and, upon the written request of the Disclosing Party, the Receiving
Party shall provide to the Disclosing Party written certification of such
destruction. The destruction or return of Proprietary Information shall not
relieve any Receiving Party of its obligation to treat such Proprietary
Information in the manner required by this Agreement.
XX.5 Equitable Relief. Each Party agrees that any breach by
either Party or any of its Representatives of any provisions of this Article XX
will cause immediate and irreparable injury to the other Party and that, in the
event of such breach, the injured Party shall be entitled to seek equitable
relief, including injunctive relief and specific performance to enforce such
provisions. Such remedies shall not be exclusive, but shall be in addition to
all other remedies available at law or in equity. Each Party shall have the
right to disclose Confidential Information to any mediator, arbitrator, state or
federal regulatory body, the Department of Justice or any court in the conduct
of any mediation, arbitration, approval or appeal of this Agreement.
ARTICLE XXI
TERM AND TERMINATION
XXI.1 Term. The initial term of this Agreement shall be three
(3) years (the "Initial Term") which shall commence on the Effective Date. Upon
expiration of the Initial Term, this Agreement shall automatically be renewed
for additional one (1) year periods (each, a "Renewal Term") unless a Party
delivers to the other Party written notice of termination of this Agreement at
least ten (10) months prior to the expiration of the Initial Term or a Renewal
Term.
XXI.2 Renegotiation of Certain Terms. Notwithstanding the
foregoing, upon delivery of written notice at least ten (10) months prior to the
expiration of the Initial Term or any Renewal Term, either Party may require
negotiations of the rates, prices and charges, terms, and conditions of the
services to be provided under this Agreement effective upon such expiration. If
the Parties are unable to satisfactorily negotiate such new rates, prices,
charges and terms within thirty (30) days of such written notice, either Party
may petition the Commission or take such other action as may be necessary to
establish appropriate terms. If the Parties are unable to mutually agree on such
new rates, prices, charges, terms and conditions or the Commission does not
issue its order, the Parties agree that the rates, terms and conditions
ultimately ordered by such Commission or negotiated by the Parties shall be
effective retroactive to such expiration date.
XXI.3 Default. When a Party believes that the other Party is
in violation of a material term or condition of this Agreement ("Defaulting
Party"), it shall provide written notice to such Defaulting Party of such
violation prior to commencing the dispute resolution procedures set forth in
Section 28.3 and it shall be resolved in accordance with the procedures
established in Section 28.3.
XXI.4 Transitional Support
XXI.4.1 In the event of the termination or
expiration of this Agreement for any reason, each Party agrees to maintain the
level and quality of services still being provided by it as of the date of
termination or expiration of this Agreement ("Transition Date"), and to
cooperate reasonably in an orderly and efficient transition to a successor
provider.
XXI.4.2 Each Party agrees (i) to furnish services
during a period for up to one (1) year (or such longer period as may be agreed
by the Parties) after the Transition Date ("Transition Period") on terms and
conditions and at charges that are the same as those in effect upon the
Transition Date, and (ii) to enter into an agreement with the other Party for a
transition plan that specifies the nature, extent, and schedule of the services
to be provided during such Transition Period. During the Transition Period,
Ameritech and 21st Century will cooperate in good faith to effect an orderly
transition of service under this Agreement. Ameritech and 21st Century agree to
exercise their respective reasonable efforts to avoid or minimize service
disruptions or degradation in services during such transition.
XXi.5 Payment Upon Expiration or Termination. In the case of
the expiration or termination of this Agreement for any reason, each of the
Parties shall be entitled to payment for
all services performed and expenses required to be paid in accordance with this
Agreement prior to such expiration or termination.
ARTICLE XXII
[NOT USED]
ARTICLE XXIII
CANCELLATION CHARGES
Except as set forth in this Agreement, cancellation charges shall not
be imposed upon, or payable by, either Party.
ARTICLE XXIV
SEVERABILITY
XXIV.1 Severability. If any provision of this Agreement shall
be held to be illegal, invalid or unenforceable, each Party agrees that such
provision shall be enforced to the maximum extent permissible so as to effect
the intent of the Parties, and the validity, legality and enforceability of the
remaining provisions of this Agreement shall not in any way be affected or
impaired thereby. If necessary to effect the intent of the Parties, the Parties
shall negotiate in good faith to amend this Agreement to replace the
unenforceable language with enforceable language that reflects such intent as
closely as possible.
XXIV.2 Non-Contravention of Laws. Nothing in this Agreement
shall be construed as requiring or permitting either Party to contravene any
mandatory requirement of Applicable Law.
ARTICLE XXV
INDEMNIFICATION
XXV.1 General Indemnity Rights. Each Party (the "Indemnifying
Party") shall defend and indemnify the other Party, its officers, directors,
employees and permitted assignees (collectively, the "Indemnified Party") and
hold such Indemnified Party harmless against
(A) any Loss to a third person arising out of:
the negligent acts or omissions, or
willful misconduct ("Fault") by such
Indemnifying Party or the Fault of its
employees, agents and subcontractors;
provided, however, that (1) with respect
to employees or agents of the Indemnifying
Party, such Fault occurs while performing
within the scope of their employment, (2)
with respect to subcontractors of the
Indemnifying Party, such Fault occurs in
the course of performing duties of the
subcontractor under its subcontract with
the Indemnifying Party, and (3) with
respect to the Fault of employees or
agents of such subcontractor, such
Fault occurs while performing within
the scope of their employment by the
subcontractor with respect to such
duties of the subcontractor under
the subcontract;
(B) any Loss arising from such
Indemnifying Party's use of services
offered under this Agreement,
involving pending or threatened
claims, actions, proceedings or
suits ("Claims"), claims for libel,
slander, invasion of privacy, or
infringement of Intellectual
Property rights arising from the
Indemnifying Party's own
communications or the communications
of such Indemnifying Party's
Customers;
(C) any Loss arising from Claims for actual
or alleged infringement of any
Intellectual Property right of a third
person to the extent that such Loss
arises from an Indemnified Party's or an
Indemnified Party's Customer's use of a
service provided under this Agreement;
provided, however, that an Indemnifying
Party's obligation to defend and
indemnify the Indemnified Party shall
not apply in the case of (i) (A) any use
by an Indemnified Party of a service (or
element thereof) in combination with
elements, services or systems supplied
by the Indemnified Party or persons
other than the Indemnifying Party or (B)
where an Indemnified Party or its
Customer modifies or directs the
Indemnifying Party to modify such
service and (ii) no infringement would
have occurred without such combined use
or modification;
(D) any and all penalties imposed upon the
Indemnifying Party's failure to comply
with the Communications Assistance to Law
Enforcement Act of 1994 ("CALEA") and, at
the sole cost and expense of the
Indemnifying Party, any amounts necessary
to modify or replace any equipment,
facilities or services provided to the
Indemnified Party under this Agreement to
ensure that such equipment, facilities and
services fully comply with CALEA; and
(E) any Loss arising from such Indemnifying
Party's Failure to comply with Applicable
Law.
XXV.2 Limitation on Liquidated Damages. Notwithstanding
anything to the contrary contained herein, in no event shall an Indemnifying
Party have an obligation to indemnify, defend, hold the Indemnified Party
harmless or reimburse the Indemnified Party or its Customers for any Loss
arising out of a Claim for liquidated damages asserted against such Indemnified
Party.
XXV.3 Indemnification Procedures. Whenever a Claim shall arise
for indemnification under this Article XXV, the relevant Indemnified Party, as
appropriate, shall promptly notify the Indemnifying Party and request the
Indemnifying Party to defend the same. Failure to so notify the Indemnifying
Party shall not relieve the Indemnifying Party of any
liability that the Indemnifying Party might have, except to the extent that such
failure prejudices the Indemnifying Party's ability to defend such Claim. The
Indemnifying Party shall have the right to defend against such liability or
assertion in which event the Indemnifying Party shall give written notice to the
Indemnified Party of acceptance of the defense of such Claim and the identity of
counsel selected by the Indemnifying Party. Until such time as the Indemnifying
Party provides such written notice of acceptance of the defense of such Claim,
the Indemnified Party shall defend such Claim, at the expense of the
Indemnifying Party, subject to any right of the Indemnifying Party, to seek
reimbursement for the costs of such defense in the event that it is determined
that the Indemnifying Party had no obligation to indemnify the Indemnified Party
for such Claim. The Indemnifying Party shall have exclusive right to control and
conduct the defense and settlement of any such Claims subject to consultation
with the Indemnified Party. The Indemnifying Party shall not be liable for any
settlement by the Indemnified Party unless such Indemnifying Party has approved
such settlement in advance and agrees to be bound by the agreement incorporating
such settlement. At any time, an Indemnified Party shall have the right to
refuse a compromise or settlement and, at such refusing Party's cost, to take
over such defense; provided that in such event the Indemnifying Party shall not
be responsible for, nor shall it be obligated to indemnify the relevant
Indemnified Party against, any cost or liability in excess of such refused
compromise or settlement. With respect to any defense accepted by the
Indemnifying Party, the relevant Indemnified Party shall be entitled to
participate with the Indemnifying Party in such defense if the Claim requests
equitable relief or other relief that could affect the rights of the Indemnified
Party and also shall be entitled to employ separate counsel for such defense at
such Indemnified Party's expense. If the Indemnifying Party does not accept the
defense of any indemnified Claim as provided above, the relevant Indemnified
Party shall have the right to employ counsel for such defense at the expense of
the Indemnifying Party. Each Party agrees to cooperate and to cause its
employees and agents to cooperate with the other Party in the defense of any
such Claim and the relevant records of each Party shall be available to the
other Party with respect to any such defense, subject to the restrictions and
limitations set forth in Article XX.
ARTICLE XXVI
LIMITATION OF LIABILITY
XXVI.1 Limited Responsibility. Each Party shall be responsible
only for service(s) and facility(ies) which are provided by that Party, its
Affiliates, authorized agents, subcontractors, or others retained by such
parties, and neither Party shall bear any responsibility for the services and
facilities provided by the other Party, the other Party's Affiliates, agents,
subcontractors, or other persons retained by such parties. No Party shall be
liable for any act or omission of another Telecommunications Carrier (other than
an Affiliate) providing a portion of a service , unless such Telecommunications
Carrier is an authorized agent, subcontractor or other person retained by the
Party providing such service.
XXVI.2 Apportionment of Fault. In the case of any Loss arising
from the negligence or willful misconduct of both Parties, each Party shall
bear, and its obligation shall be limited to, that portion of the resulting
expense caused by its negligence or
misconduct or the negligence or misconduct of such Party's Affiliates, agents,
contractors or other persons acting in concert with it.
26.3 Limitation of Damages. Except for indemnity obligations
under Article XXV, Ameritech's liability to 21st Century for any Loss resulting
from any and all causes shall be as follows:
a) Except for Ameritech's willful misconduct, with respect to any
Claim for any Loss associated with the installation, provision, termination,
maintenance, repair, or restoration of an individual Network Element or
Combination provided for a specific 21st Century Customer, Ameritech's liability
shall be limited to the greater of: (i) the total amount that is or would have
been charged to 21st Century for the service or function not performed or
improperly performed and (ii) the amount Ameritech would have been liable to its
Customer if the Resale Service was provided directly to its Customer; and
b) For all other Claims, including any Claims resulting from the
failure of Ameritech to meet its parity obligations under this Agreement, 21st
Century shall be entitled to recover its proven damages, subject to the
limitations of Section 26.5.
26.4 Limitations in Tariffs. Each Party shall, to the maximum
extent permitted by Applicable Law, provide in its tariffs and contracts with
its Customers that relate to any Telecommunications Service or Network Element
provided or contemplated under this Agreement, that in no case shall such Party
or any of its agents, contractors or other persons retained by such parties be
liable to any Customer for any Consequential Damages (as defined in Section 26.5
below). If a Party breaches its obligations under this Section 26.4, the
breaching Party shall be liable to the nonbreaching party for any and all losses
resulting from such breach, including the indemnification of and/or
reimbursement of Losses arising from Claims by and from such breaching Party's
Customers, to the extent such Losses would have been limited had the tariff or
contract provisions referenced above in this Section been included.
26.5 Consequential Damages. In no event shall either Party
have any liability whatsoever to the other Party for any indirect, special,
consequential, incidental or punitive damages, including loss of anticipated
profits or revenue or other economic loss in connection with or arising from
anything said, omitted or done hereunder (collectively, "Consequential
Damages"), even if the other Party has been advised of the possibility of such
damages; provided that the foregoing shall not limit (i) a Party's obligation
under Section 25.1 to indemnify, defend and hold the other Party harmless
against any amounts payable to a third person, including any losses, costs,
fines, penalties, criminal or civil judgements or settlements, expenses
(including attorneys' fees) and Consequential Damages of such third person or
(ii) a Party's liability to the other for willful or intentional misconduct.
26.6 Remedies. Except as provided in Section 10.9.5, no
remedy set forth in this Agreement is intended to be exclusive and each and
every remedy shall be cumulative and in addition to any other rights or remedies
now or hereafter existing under applicable law or otherwise.
ARTICLE XXVII
BILLING
XXVII.1 Billing
XXVII.1.1 Each Party will xxxx all applicable
charges, at the rates set forth herein, in the Pricing Schedule and as set forth
in applicable tariffs or contracts referenced herein, for the services provided
by that Party to the other Party in accordance with this Article XXVII and the
Implementation Plan.
XXVII.1.2 The Parties agree that in order to ensure
the proper performance and integrity of the entire billing process, each Party
will be responsible and accountable for transmitting to the other Party an
accurate and current xxxx. Each Party agrees to implement control mechanisms and
procedures to render a xxxx that accurately reflects the services ordered and
used by the other Party.
XXVII.2 Recording. To the extent technically feasible, the
Parties shall record all available call detail information associated with calls
originated or terminated to the other Party, in accordance with the
Implementation Plan and as specifically required herein.
XXVII.3 Payment of Charges. Subject to the terms of this
Agreement, 21st Century and Ameritech shall pay each other all undisputed
amounts on or before the date ("Xxxx Due Date") which is the earlier of (i)
thirty (30) calendar days after such Party's receipt of a xxxx, if such xxxx is
received by such Party within five (5) calendar days of the date of such xxxx
and (ii) thirty-five (35) calendar days after such Party's receipt of a xxxx, if
such xxxx is received more than five (5) calendar days after the date of such
xxxx. For purposes of this Article XXVII, a xxxx shall be deemed "received" by a
Party on the date evidenced by the billing Party's EDI confirmation. If the Xxxx
Due Date is on a day other than a Business Day, payment will be made on the next
Business Day. Payments shall be made in U.S. Dollars (i) via electronic funds
transfer ("EFT") to the other Party's bank account or (ii) in order to
accommodate 21st Century's existing payment arrangements with Ameritech and
established credit rating, by check. To the extent that either Party (the
"Paying Party") pays via EFT, within thirty (30) days of the Effective Date,10/
the other Party shall provide the Paying Party the name and address of its bank,
its account and routing number and to whom payments should be made payable. If
such banking information changes, the other Party shall provide the Paying Party
at least sixty (60) days' written notice of the change and such notice shall
include the new banking information. If a Party receives multiple invoices which
are payable on the same date, such Party may remit one payment for the sum of
all amounts payable to the other Party. Each Party shall provide the other Party
with a contact person for the handling of payment questions or problems.
---------------
10/ Because the terms of this Agreement are the result of 21st Century's
adoption under Section 252(i) of the Act of the MCI Agreement, the
Parties agree that the term "Effective Date", for purposes of this
Section 27.3, shall mean April 20, 1998.
XXVII.4 Late Payment Charge. If either Party fails to remit
payment for any charges for services by the Xxxx Due Date, or if a payment or
any portion of a payment is received by either Party after the Xxxx Due Date,
then a late payment charge shall be assessed. The portion of the payment not
received by the Xxxx Due Date shall accrue interest as provided in Section 27.6.
In no event, however, shall interest be assessed on any previously assessed late
payment charges.
XXVII.5 Adjustments
XXVII.5.1 As provided in this Agreement, a Party
shall promptly reimburse or credit the other Party for any charges that should
not have been billed to the other Party as provided in this Agreement along with
accrued interest as provided in Section 27.6. Such reimbursements shall be set
forth in the appropriate section of the invoice.
XXVII.5.2 As provided in this Agreement, a Party
shall xxxx the other Party for any charges that should have been billed to the
other Party as provided in this Agreement, but have not been billed to the other
Party ("Underbilled Charges"); provided, however that, except as provided in
Article XXVIII, the Billing Party shall not xxxx for Underbilled Charges which
were incurred more than six (6) months prior to the date that the Billing Party
transmits a xxxx for any Underbilled Charges.
XXVII.6 Interest on Unpaid or Overbilled Amounts. Except as
otherwise provided in Sections 6.2.5 and 6.2.6, any undisputed amounts not paid
when due or any amounts paid that were the subject of a billing error, as the
case may be, shall accrue interest from the date such amounts were due or
received, as the case may be, at the lesser of (i) one and one-half percent (1
1/2%) per month or (ii) the highest rate of interest that may be charged under
Applicable Law, compounded daily for the number of days from the Xxxx Due Date
or date such overpayment was received until the date that payment is actually
received or the credit is issued, as the case may be.
XXVII.7 Single Point of Contact. Ameritech shall provide to 21st
Century a single point of contact for handling any billing questions or problems
that may arise during the implementation and performance of the terms and
conditions of this Agreement.
ARTICLE XXVIII
DISPUTED AMOUNTS, AUDIT RIGHTS
AND DISPUTE RESOLUTION
XXVIII.1 Disputed Amounts
XXVIII.1.1 If any portion of an amount due to a
Party (the "Billing Party") under this Agreement is subject to a bona fide
dispute between the Parties, the Party billed (the "Non-Paying Party") shall,
prior to the Xxxx Due Date, give written notice to the Billing Party of the
amounts it disputes ("Disputed Amounts") and include in such written notice the
specific details and reasons for disputing each item; provided, however, a
failure to provide such notice by that date shall not preclude a Party from
subsequently challenging billed charges. The Non-Paying Party shall pay when due
all undisputed amounts to the Billing Party. Notwithstanding the foregoing,
except as provided in Section 28.2, a Party shall be entitled to dispute only
those charges for which the Xxxx Due Date was within the immediately preceding
eighteen (18) months of the date on which the other Party received notice of
such Disputed Amounts.
XXVIII.1.2 If the Non-Paying Party disputes a
charge and does not pay such Disputed Amounts by the Xxxx Due Date, such
Disputed Amounts shall be subject to late payment charges as set forth in
Section 27.4. If the Non-Paying Party disputes charges and the dispute is
resolved in favor of such Non-Paying Party, the Billing Party shall credit the
invoice of the Non-Paying Party for the amount of the Disputed Amounts along
with any applicable late payment charges no later than the second Xxxx Due Date
after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes
charges and the dispute is resolved in favor of the Billing Party, the
Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts
and any associated late payment charges no later than the second Xxxx Due Date
after the resolution of the Dispute. In no event, however, shall any late
payment charges be assessed on any previously assessed late payment charges.
XXVIII.1.3 If the Parties are unable to resolve the
issues related to the Disputed Amounts in the normal course of business within
sixty (60) days after delivery to the Billing Party of notice of the Disputed
Amounts, each of the Parties shall appoint a designated representative who has
authority to settle the Dispute and who is at a higher level of management than
the persons with direct responsibility for administration of this Agreement. The
designated representatives shall meet as often as they reasonably deem necessary
in order to discuss the Dispute and negotiate in good faith in an effort to
resolve such Dispute. The specific format for such discussions will be left to
the discretion of the designated representatives; however all reasonable
requests for relevant information made by one Party to the other Party shall be
honored.
XXVIII.1.4 If the Parties are unable to resolve
issues related to the Disputed Amounts within forty-five (45) days after the
Parties' appointment of designated representatives pursuant to Section 28.3,
then either Party may file a complaint with the Commission to resolve such
issues or proceed with any other remedy pursuant to law or equity. The
Commission or the FCC may direct payment of any or all Disputed Amounts
(including any
accrued interest) thereon or additional amounts awarded, plus applicable late
fees, to be paid to either Party.
XXVIII.1.5 The Parties agree that all negotiations
pursuant to this Section 28.1 shall remain confidential in accordance with
Article XX and shall be treated as compromise and settlement negotiations for
purposes of the Federal Rules of Evidence and state rules of evidence.
XXVIII.2 Audit Rights
XXVIII.2.1 Subject to the restrictions set forth in
Article XX, a Party ("Auditing Party") may audit the other Party's ("Audited
Party") books, records, data and other documents, as provided herein, two (2)
times each Contract Year for the purpose of evaluating the accuracy of Audited
Party's billing and invoicing. The scope of the audit shall be limited to the
period which is the shorter of (i) the period subsequent to the last day of the
period covered by the audit which was last performed (or if no audit has been
performed, the Effective Date11/) and (ii) the twenty-four (24)-month period
immediately preceding the date the Audited Party received notice of such
requested audit. Except as otherwise agreed upon by the Parties, such audit
shall begin no fewer than thirty (30) days after Audited Party receives a
written notice requesting an audit and shall be completed no later than
forty-five (45) calendar days after the start of such audit. Such audit shall be
conducted by one or more auditors as mutually agreed upon by the Parties. The
Parties shall select such auditor(s) by the thirtieth day following Audited
Party's receipt of a written audit notice. The Auditing Party shall cause the
auditor(s) to execute a nondisclosure agreement in a form agreed upon by the
Parties. Notwithstanding the foregoing, an Auditing Party may audit as provided
herein more than two (2) times during any Contract Year if the previous audit
found previously uncorrected net variances or errors in invoices in Audited
Party's favor with an aggregate value of at least one and one-half percent (1
1/2%) of the amounts payable by Auditing Party for audited services provided
during the period covered by the audit.
XXVIII.2.2 Each Party shall bear its own expenses
in connection with the conduct of the audit. Each audit shall be conducted on
the premises of Audited Party during normal business hours. Audited Party shall
cooperate fully in any such audit, providing the auditor reasonable access to
any and all appropriate Audited Party employees and books, records and other
documents reasonably necessary to assess the accuracy of Audited Party's billing
and invoicing. No Party shall have access to the data of the other Party, but
shall rely upon summary results provided by the auditor. Audited Party may
redact from the books, records and other documents provided to the auditor any
confidential Audited Party information that reveals the identity of other
Customers of Audited Party. Each Party shall maintain reports, records and data
relevant to the billing of any services that are the subject matter of this
Agreement for a period of
---------------
11/ Because the terms of this Agreement are the result of 21st Century's
adoption under Section 252(i) of the Act of the MCI Agreement, the
Parties agree that the term "Effective Date", for purposes of this
Section 28.2.1, shall mean April 20, 1998.
not less than twenty-four (24) months after creation thereof, unless a longer
period is required by Applicable Law.
XXVIII.2.3 If any audit confirms any undercharge or
overcharge, then Audited Party shall (i) for any overpayment promptly correct
any billing error, including making refund of any overpayment by Auditing Party
in the form of a credit on the invoice for the first full billing cycle after
the Parties have agreed upon the accuracy of the audit results and (ii) for any
undercharge caused by the actions of or failure to act by Audited Party,
immediately compensate Auditing Party for such undercharge, in each case with
interest at the lesser of (x) one and one-half (1 1/2%) percent per month and
(y) the highest rate of interest that may be charged under Applicable Law,
compounded daily, for the number of days from the date on which such undercharge
or overcharge originated until the date on which such credit is issued or
payment is made and available, as the case may be. Notwithstanding the
foregoing, 21st Century shall not be liable for any Underbilled Charges for
which Customer Usage Data was not furnished by Ameritech to 21st Century within
six (6) months of the date such usage was incurred.
XXVIII.2.4 Any Disputes concerning audit results
shall be referred to the Parties' designated representative(s) who have
authority to settle the Dispute. If these individuals cannot resolve the Dispute
within thirty (30) days of the referral, either Party may request in writing
that one additional audit shall be conducted by an auditor acceptable to both
Parties, subject to the requirements set out in Section 28.2.1. Such additional
audit shall be at the requesting Party's expense. If the second audit fails to
resolve the Dispute, the matter shall be resolved in accordance with the
procedures set forth in Section 28.3.
XXVIII.3 Dispute Escalation and Resolution. Except as otherwise
provided herein, any dispute, controversy or claim (individually and
collectively, a "Dispute") arising under this Agreement shall be resolved in
accordance with the procedures set forth in this Section 28.3. In the event of a
Dispute between the Parties relating to this Agreement and upon the written
request of either Party, each of the Parties shall appoint a designated
representative who has authority to settle the Dispute and who is at a higher
level of management than the persons with direct responsibility for
administration of this Agreement. The designated representatives shall meet as
often as they reasonably deem necessary in order to discuss the Dispute and
negotiate in good faith in an effort to resolve such Dispute. The specific
format for such discussions will be left to the discretion of the designated
representatives; however, all reasonable requests for relevant information made
by one Party to the other Party shall be honored. If the Parties are unable to
resolve issues related to a Dispute within thirty (30) days after the Parties'
appointment of designated representatives as set forth above, the Parties shall
attempt in good faith to address any default or resolve any Dispute according to
the rules, guidelines or regulations of the Commission; provided, however, a
Party may pursue all available remedies in the event there is no satisfactory
resolution pursuant to this Section 28.3. Notwithstanding the foregoing, in no
event shall the Parties permit the pending of a Dispute to disrupt service to
any 21st Century Customer or Ameritech Customer.
XXVIII.4 Equitable Relief. Notwithstanding the foregoing, this
Article XXVIII shall not be construed to prevent either Party from seeking and
obtaining temporary equitable remedies, including temporary restraining orders,
if, in its judgment, such action is necessary to avoid irreparable harm. Despite
any such action, the Parties will continue to participate in good faith in the
dispute resolution procedures described in this Article XXVIII.
ARTICLE XXIX
REGULATORY APPROVAL
XXIX.1. Commission Approval. The Parties understand and agree
that this Agreement will be filed with the Commission for approval by such
Commission (or the FCC if the Commission fails to act) pursuant to Section 252
of the Act. If the Commission, the FCC or any court rejects any portion of this
Agreement, the Parties agree to meet and negotiate in good faith to arrive at a
mutually acceptable modification of the rejected portion and related provisions;
provided that such rejected portion shall not affect the validity of the
remainder of this Agreement. The Parties acknowledge that nothing in this
Agreement shall limit a Party's ability, independent of such Party's agreement
to support and participate in the approval of this Agreement, to assert public
policy issues relating to the Act.
XXIX.1 Tariffs. If either Party is required by any governmental
authority to file a tariff or make another similar filing to implement any
provision of this Agreement (other than a tariff filed by a Party that generally
relates to one or more services provided under this Agreement but not
specifically to 21st Century or Ameritech) (an "Ameritech/21st Century
Interconnect Tariff"), such Party shall (i) consult with the other Party
reasonably in advance of such filing about the form and substance of such
Ameritech/21st Century Interconnect Tariff, (ii) provide to such other Party its
proposed Ameritech/21st Century Interconnect Tariff and obtain such other
Party's agreement on the form and substance of such Ameritech/21st Century
Interconnect Tariff prior to such filing, and (iii) take all steps reasonably
necessary to ensure that such Ameritech/21st Century Interconnect Tariff or
other filing imposes obligations upon such Party that are as close as possible
to those provided in this Agreement and preserves for such other Party the full
benefit of the rights otherwise provided in this Agreement. If, subsequent to
the effective date of any such Ameritech/21st Century Interconnect Tariff, a
Party is no longer required to file tariffs with the Commission or the FCC,
either generally or for specific services, the Parties agree to modify this
Agreement to reflect herein the relevant and consistent terms and conditions of
such Ameritech/21st Century Interconnect Tariffs as of the date on which the
requirement to file such Ameritech/21st Century Interconnect Tariffs was lifted.
Nothing in this Section 29.2 shall be construed to grant a Party any right to
review any tariff filing of the other Party other than the Ameritech/21st
Century Interconnection Tariff, other than as provided under Applicable Law.
XXIX.3 Amendment or Other Changes to the Act; Reservation of
Rights. The Parties acknowledge that the respective rights and obligations of
each Party as set forth in this Agreement are based on the text of the Act and
the rules and regulations promulgated thereunder by the FCC and the Commission
as of the Effective Date. In the event of any amendment to the Act, or any final
and nonappealable legislative, regulatory, judicial order, rule or regulation or
other legal action that revises or reverses the Act, the FCC's First Report and
Order in CC Docket Nos. 96-98 and 95-185 or any applicable Commission order or
arbitration award purporting to apply the provisions of the Act (individually
and collectively, an "Amendment to the Act"), either Party may by providing
written notice to the other Party require that the affected provisions be
renegotiated in good faith and this Agreement be amended accordingly to reflect
the pricing, terms and conditions of each such Amendment to the Act relating to
any of the provisions in this Agreement. If any such amendment to this Agreement
affects any rates or charges of the services provided hereunder, each Party
reserves its rights and remedies with respect to the collection of such rates or
charges; including the right to seek a surcharge before the applicable
regulatory authority.
XXIX.4 Regulatory Changes. If any final and nonappealable
legislative, regulatory, judicial or other legal action (other than an Amendment
to the Act, which is provided for in Section 29.3) materially affects the
ability of a Party to perform any material obligation under this Agreement, a
Party may, on thirty (30) days' written notice to the other Party (delivered not
later than thirty (30) days following the date on which such action has become
legally binding and has otherwise become final and nonappealable), require that
the affected provision(s) be renegotiated, and the Parties shall renegotiate in
good faith such mutually acceptable new provision(s) as may be required;
provided that such affected provisions shall not affect the validity of the
remainder of this Agreement.
XXIX.5 Interim Rates. If the rates, charges and prices set
forth in this Agreement are "interim rates" established by the Commission or the
FCC, the Parties agree to substitute such interim rates with the rates, charges
or prices later established by the Commission or the FCC pursuant to the pricing
standards of Section 252 of the Act and such rates, charges and prices shall be
effective as determined by the Commission or the FCC.
ARTICLE XXX
MISCELLANEOUS
XXX.1 Authorization
XXX.1.1 Ameritech Services, Inc. is a corporation
duly organized, validly existing and in good standing under the laws of the
State of Delaware. Ameritech Information Industry Services, a division of
Ameritech Services, Inc., has full power and authority to execute and deliver
this Agreement and to perform the obligations hereunder on behalf of and as
agent for Ameritech Illinois.
XXX.1.2 21st Century is a corporation duly
organized, validly existing and in good standing under the laws of the State of
Illinois and has full power and authority to execute and deliver this Agreement
and to perform its obligations hereunder. 21st Century represents and warrants
to Ameritech that it has been certified as a LEC by the Commission and is
authorized to provide in the State of Illinois the services it has contracted to
provide herein.
XXX.2 Designation of Affiliate
XXX.2.1 Each Party may without the consent of the
other Party fulfill its obligations under this Agreement by itself or may cause
its Affiliates to take some or all of such actions to fulfill such obligations.
Upon such designation, the Affiliate shall become a co-obligor hereunder with
respect to the delegated matter, but such designation shall not relieve the
designating Party of its obligations as primary obligor hereunder. Any Party
which elects to perform its obligations through an Affiliate shall cause its
Affiliate to take all action necessary for the performance hereunder of such
Party's obligations. Each Party represents and warrants that if an obligation
under this Agreement is to be performed by an Affiliate, such Party has the
authority to cause such Affiliate to perform such obligation and such Affiliate
will have the resources required to accomplish the delegated performance.
XXX.2.2 All of the benefits to be provided
hereunder for Ameritech or 21st Century, as the case may be, will be provided to
its Affiliates if and to the extent that Ameritech or 21st Century desires to
conduct its respective business operations contemplated hereunder through
Affiliates; provided that any such Affiliate is eligible to request, or
obligated to provide, services in accordance with Section 251 and 252 of the
Act.
XXX.3 Subcontracting. Either Party may subcontract the
performance of its obligation under this Agreement without the prior written
consent of the other Party; provided, however, that the Party subcontracting
such obligation shall remain fully responsible for the performance of such
obligation and be solely responsible for payments due its subcontractors.
XXX.4 Independent Contractor. Each Party shall perform
services hereunder as an independent contractor and nothing herein shall be
construed as creating any other relationship between the Parties. Each Party and
each Party's contractor shall be solely responsible for the withholding or
payment of all applicable federal, state and local income taxes, social security
taxes and other payroll taxes with respect to their employees, as well as any
taxes, contributions or other obligations imposed by applicable state
unemployment or workers' compensation acts. Each Party has sole authority and
responsibility to hire, fire and otherwise control its employees.
XXX.5 Force Xxxxxx. No Party shall be responsible for delays
or failures in performance of any part of this Agreement (other than an
obligation to make money payments) resulting from acts or occurrences beyond the
reasonable control of such Party, including acts of nature, acts of civil or
military authority, any law, order, regulation, ordinance of any government or
legal body, embargoes, epidemics, terrorist acts, riots, insurrections, fires,
explosions, earthquakes, nuclear accidents, floods, work stoppages, power
blackouts, volcanic action, other major environmental disturbances, unusually
severe weather conditions (individually or collectively, a "Force Majeure
Event") or delays caused by the other Party or any other circumstances beyond
the Party's reasonable control. If a Force Majeure Event shall occur, the Party
affected shall give prompt notice to the other Party of such Force Majeure Event
specifying the nature, date of inception and expected duration of such Force
Majeure Event, whereupon such obligation or performance shall be suspended to
the extent such Party is affected by such Force Majeure Event during the
continuance thereof and/or be excused from such performance (and the other Party
shall likewise be excused from performance of its obligations
to the extent such Party's obligations relate to the performance so interfered
with). The affected Party shall use its reasonable efforts to avoid or remove
the cause of nonperformance and the Parties shall give like notice and proceed
to perform with dispatch once the causes are removed or cease. Notwithstanding
the preceding, no delay or other failure to perform shall be excused pursuant to
this Section 30.5: (i) by the acts or omission of a Party's subcontractors,
materialmen, suppliers or other third persons providing products or services to
such Party unless such acts or omissions are themselves the product of a Force
Majeure Event, and unless such delay or failure and the consequences thereof are
beyond the control and without the fault or negligence of the Party claiming
excusable delay or other failure to perform, or (ii) if such Party fails to
implement any steps taken to mitigate the effects of a Force Majeure Event
(e.g., disaster recovery plans) in a nondiscriminatory manner during the period
performance is impaired.
XXX.6 Governing Law. This Agreement shall be governed by and
construed in accordance with the Act, except insofar as state law may control
any aspect of this Agreement, in which case the domestic laws of the State of
Illinois shall govern, without reference to its conflict of law provisions.
XXX.7 Taxes
XXX.7.1 Each Party purchasing services hereunder
shall pay or otherwise be responsible for all federal, state, or local sales,
use, excise, gross receipts, transaction or similar taxes, fees or surcharges
levied against or upon such purchasing Party (or the providing Party when such
providing Party is permitted to pass along to the purchasing Party such taxes,
fees or surcharges), except for any tax on either Party's corporate existence,
status or income. Whenever possible, these amounts shall be billed as a separate
item on the invoice. To the extent a sale is claimed to be for resale, the
purchasing Party shall furnish the providing Party a proper resale tax exemption
certificate as authorized or required by statute or regulation by the
jurisdiction providing said resale tax exemption. Failure to timely provide said
resale tax exemption certificate will result in no exemption being available to
the purchasing Party for any charges invoiced prior to the date such exemption
certificate is furnished. To the extent that a Party includes gross receipts
taxes in any of the charges or rates of services provided hereunder, no
additional gross receipts taxes shall be levied against or upon the purchasing
Party.
XXX.7.2 The Party obligated to pay any such taxes
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 contesting Party shall
not permit any lien to exist on any asset of the other Party by reason of such
contest. The Party obligated to collect and remit shall cooperate in any such
contest by the other Party. As a condition of contesting any taxes due
hereunder, the contesting Party agrees to be liable and indemnify and reimburse
the other Party for any additional amounts that may be due by reason of such
contest, including any interest and penalties.
XXX.8 Non-Assignment. Neither Party may assign or transfer
(whether by operation of law or otherwise) this Agreement (or any rights or
obligations hereunder) to a third person without the prior written consent of
the other Party; provided that each Party may assign or transfer this Agreement
to an Affiliate in accordance with Section 30.2 by providing prior
written notice to the other Party of such assignment or transfer; provided,
further, that such assignment is not inconsistent with Applicable Law or the
terms and conditions of this Agreement. No assignment or delegation hereof
should relieve the assignor of its obligation under this Agreement. Any
attempted assignment or transfer that is not permitted is void ab initio.
Without limiting the generality of the foregoing, this Agreement shall be
binding upon and shall inure to the benefit of the Parties' respective
successors and assigns and the assigning Party will remain liable for the
performance of any assignee.
XXX.9 Non-Waiver. No waiver of any provision of this Agreement
and no consent to any default under this Agreement shall be effective unless the
same shall be in writing and properly executed by or on behalf of the Party
against whom such waiver or consent is claimed. Failure of either Party to
insist on performance of any term or condition of this Agreement or to exercise
any right or privilege hereunder shall not be construed as a continuing or
future waiver of such term, condition, right or privilege.
XXX.10 Notices. Notices given by one Party to the other Party
under this Agreement shall be in writing (unless specifically provided otherwise
herein) and unless otherwise specifically required by this Agreement to be
delivered to another representative or point of contact, shall be (a) delivered
personally, (b) delivered by express delivery service, (c) mailed, certified
mail or first class U.S. mail postage prepaid, return receipt requested or (d)
delivered by telecopy, with a confirmation copy sent by a method described in
(a), (b) or (c) of this Section 30.10, to the following addresses of the
Parties:
To 21st Century:
21st Century
World Trade Center
000 Xxxxx Xxxxxxx, Xxxxx 000
Xxxxxxx, Xxxxxxxx 00000
Attn: Xxxx X. Xxxxx, Vice President Business Development
and Operations
Facsimile: (000) 000-0000
with a copy to:
Xxxxxxx & Xxxxx
Attorneys for 21st Century
00 Xxxx Xxxxxx Xxxxxx, Xxxxx 0000
Xxxxxxx, XX 00000
Attn: Xxxxxx X. Xxxxxxx
Facsimile: (000) 000-0000
To Ameritech:
Ameritech Information Industry Services
000 Xxxxx Xxxxxxx, Xxxxx 0
Xxxxxxx, XX 00000
Attn.: Vice President - Network Providers
Facsimile: (000) 000-0000
with a copy to:
Ameritech Information Industry Services
000 Xxxxx Xxxxxxx, Xxxxx 0
Xxxxxxx, XX 00000
Attn.: Vice President and General Counsel
Facsimile: (000) 000-0000
or to such other address as either Party shall designate by proper notice.
Notices will be deemed given as of the earlier of (i) the date of actual
receipt, (ii) the next Business Day when notice is sent via express mail or
personal delivery, (iii) three (3) days after mailing in the case of first class
or certified U.S. mail or (iv) on the date set forth on the confirmation in the
case of telecopy.
XXX.11 Publicity and Use of Trademarks or Service Marks.
Neither Party nor its subcontractors or agents shall use the other Party's
trademarks, service marks, logos or other proprietary trade dress in any
advertising, press releases, publicity matters or other materials without such
Party's prior written consent, except as permitted by Applicable Law. In no
event shall either Party mischaracterize the contents of this Agreement in any
public statement or in any representation to a governmental entity or member
thereof.
XXX.12 Nonexclusive Dealings. This Agreement does not prevent
either Party from providing or purchasing services to or from any other person
nor, except as provided in Section 252(i) of the Act, does it obligate either
Party to provide or purchase any services.
XXX.13 No Third Party Beneficiaries; Disclaimer of Agency. This
Agreement is for the sole benefit of the Parties and their permitted assigns,
and nothing herein express or implied shall create or be construed to create any
third-party beneficiary rights hereunder. Nothing in this Agreement shall
constitute one Party as the legal representative or agent of the other Party,
nor shall a Party have the right or authority to assume, create or incur any
liability or any obligation of any kind, express or implied, against or in the
name or on behalf of the other Party, unless otherwise expressly permitted by
such other Party. No Party undertakes to perform any obligation of the other
Party, whether regulatory or contractual, or to assume any responsibility for
the management of the other Party's business.
XXX.14 No License. No license under patents, copyrights,
trademarks, trade secrets or any Intellectual Property right (other than the
limited license to use same consistent with the terms, conditions and
restrictions of this Agreement) is granted by either Party or shall be implied
or arise by estoppel with respect to any transactions contemplated under this
Agreement.
XXX.15 Survival. The Parties' obligations under this Agreement,
which by their nature are intended to continue beyond the termination or
expiration of this Agreement, shall survive the termination or expiration of
this Agreement, including Articles XX, XXI, XXIII, XXV and XXVI and Sections
3.9.4, 6.5, 10.11.3, 12.7, 16.16, 16.18, 28.1, 28.2, 28.3, 30.7, 30.11 and
30.14.
XXX.16 Scope of Agreement. This Agreement is intended to
describe and enable specific Interconnection and access to unbundled Network
Elements and compensation arrangements between the Parties. This Agreement does
not obligate either Party to provide arrangements not specifically provided
herein.
XXX.17 Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be deemed an original; but such
counterparts shall together constitute one and the same instrument.
30.18 Reservation of Rights. The Parties acknowledge that
certain terms of this Agreement were established by order of the Commission. The
terms of this Agreement may be altered or abrogated by a successful challenge
instituted under Applicable Law before or after the Agreement has been approved
pursuant to Section 252(e)(1) or has been deemed approved by operation of law
pursuant to Section 252(e)(4). By signing this Agreement, a Party does not waive
its right to pursue such a challenge.
30.19 Entire Agreement. The terms contained in this Agreement
and any Schedules, Exhibits, tariff provisions referenced herein and other
documents or instruments referred to herein, which are incorporated into this
Agreement by this reference, constitute the entire agreement between the Parties
with respect to the subject matter hereof, superseding all prior understandings,
proposals and other communications, oral or written. Neither Party shall be
bound by any terms additional to or different from those in this Agreement that
may appear subsequently in the other Party's form documents, purchase orders,
quotations, acknowledgments, invoices or other communications. This Agreement
may only be modified by a writing signed by an officer of each Party.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed as of this 20th day of April, 1998./12/
---------------
12/ This Agreement is the result of 21st Century's adoption in its
entirety of the terms of that certain arbitrated Interconnection
Agreement under Sections 251 and 252 of the Telecommunications Act of
1996 dated May 5, 1997 by and between Ameritech Illinois and MCImetro
Access Transmission Services, Inc. ("MCI Agreement") that was
approved by the Commission as an effective Agreement in the state of
Illinois in Docket No. 97AA002 (the "MCI Arbitration"). This
Agreement does not represent a voluntary or negotiated agreement
under Section 252 of the Act but instead merely represents
Ameritech's compliance with 21st Century's statutory rights under
Section 252(i) of the Act. Filing and performance by Ameritech of
this Agreement does not in any way constitute a waiver by Ameritech
of its position of the illegality or unreasonableness of any rates,
terms or conditions set forth in this Agreement, nor does it
constitute a waiver by Ameritech of all rights and remedies it may
have to seek review of this Agreement or the MCI Agreement, or to
petition the Commission, other administrative body, or court for
reconsideration or reversal of any determination made by the
Commission pursuant to the MCI Arbitration, or seek review in any way
of any provisions included in this Agreement as a result of 21st
Century's election under Section 252(i) of the Act.
21st CENTURY TELECOM OF ILLINOIS, AMERITECH INFORMATION INDUSTRY
INC. SERVICES, A DIVISION OF AMERITECH
SERVICES, INC., ON BEHALF OF
AMERITECH ILLINOIS
By: By:
Printed: Printed:
Title: Title:
SCHEDULE 1.2
DEFINITIONS
"9-1-1" means the services described in Section 3.9.
"9-1-1 Control Office Software Enhancement Connection Charge" is as
defined in Section 3.9.2(e) of this Agreement.
---------------
Neither Ameritech nor 21st Century's execution of this Agreement and
compliance with the terms and conditions of this Agreement shall be
construed as or is intended to be a concession or admission by either
Party that any contractual provision required by the Commission in
the MCI Arbitration or any provision in this Agreement or the MCI
Agreement complies with the rights and duties imposed by the Act, a
decision by the FCC or the Commission, a decisions of the courts, or
other Applicable Law, and both Ameritech and 21st Century
specifically reserve their respective full rights to assert and
pursue claims arising from or related to this Agreement. Ameritech
further contends that certain provisions of the Agreement may be void
or unenforceable as a result of the July 18, 1997 and October 14,
1997 decisions of the United States Court of Appeals for the Eighth
Circuit. Should 21st Century attempt to apply such conflicting
provisions, Ameritech reserves its right, notwithstanding anything to
the contrary in this Agreement, to seek appropriate legal and/or
equitable relief. The MCI Agreement that 21st Century adopts here is
considered to be the original agreement between Ameritech and MCI
plus any modifications or amendments to that agreement as of the date
this Agreement is executed by Ameritech and 21st Century. 21st
Century is not bound by any future modifications or amendments to the
MCI Agreement made after April 20, 1998. Notwithstanding the
foregoing, to the extent any provisions in the MCI Agreement are
modified as a result of any order or finding by the FCC, the
Commission or a court of competent jurisdiction (other than an order
subject to Section 29.3), either Party shall have the right to modify
the corresponding provisions of this Agreement, consistent with such
order or finding.
"Access Toll Connecting Trunks" is as defined in Section 5.1.
"Act" means the Communications Act of 1934 (47 U.S.C. ss. 151 et
seq.), as amended by the Telecommunications Act of 1996, and as from time to
time interpreted in the duly authorized rules, regulations and applicable orders
of the FCC or the Commission having authority to interpret the Act within its
state of jurisdiction.
"ADSL" or "Asymmetrical Digital Subscriber Line" means a transmission
technology which transmits an asymmetrical digital signal using one of a variety
of line codes.
"Advanced Intelligent Network" or "AIN" is a network functionality
that permits specific conditions to be programmed into a switch which, when met,
directs the switch to suspend call processing and to receive special
instructions for further call handling in order to enable carriers to offer
advanced features and services.
"Affiliate" is As Defined in the Act.
"AMA" means the Automated Message Accounting structure inherent in
switch technology that initially records telecommunication message information.
AMA format is contained in the Automated Message Accounting document, published
by Bellcore as GR-1100-CORE which defines the industry standard for message
recording.
"Applicable Laws" is as defined in Section 19.2.
"As Defined in the Act" means as specifically defined by the Act and
as from time to time interpreted in the duly authorized rules and regulations of
the FCC or the Commission.
"As Described in the Act" means as described in or required by the
Act and as from time to time interpreted in the duly authorized rules and
regulations of the FCC or the Commission.
"Automatic Location Identification" or "ALI" means a feature by which
the service address associated with the calling party's listed telephone number
identified by ANI, as defined herein, is forwarded to the PSAP for display.
Additional telephones with the same number as the calling party's, including
secondary locations and off-premise extensions, will be identified with the
service address of the calling party's listed number.
"Automatic Number Identification" or "ANI" means a Feature Group D
signaling parameter which refers to the number transmitted through a network
identifying the billing number of the calling party. With respect to 9-1-1 and
E9-1-1, "ANI" means a feature by which the calling party's telephone number is
automatically forwarded to the E9-1-1 Control Office and to the PSAP display and
transfer office.
Sch. 1.2 - 103
"Automatic Route Selection" or "ARS" means a service feature
associated with a specific grouping of lines that provides for automatic
selection of the least expensive or most appropriate transmission facility for
each call based on criteria programmed into the system.
"Bellcore" means Xxxx Communications Research, Inc.
"Xxxx Date" means the date that a xxxx is issued by a Party.
"BLV/BLVI Traffic" means an operator service call in which the caller
inquires as to the busy status of or requests an interruption of a call on
another Customer's Telephone Exchange Service line.
"Business Day" means a day on which banking institutions are required
to be open for business in Chicago, Illinois.
"Bona Fide Request" means the process described on Schedule 2.2.
"Calling Party Number" or "CPN" is a Common Channel Interoffice
Signaling ("CCIS") parameter which refers to the number transmitted through a
network identifying the calling party.
"Capacity" is as defined in Section 16.1.2
"Carrier of Record" is as defined in Section 10.11.3.
"CCS" means one hundred (100) call seconds.
"Central Office Switch" means a switch used to provide
Telecommunications Services, including:
(a) "End Office Switches," which are used to terminate
Customer station Loops for the purpose of Interconnection to each
other and to trunks; and
(b) "Tandem Office Switches" or "Tandems," which are used
to connect and switch trunk circuits between and among other Central
Office Switches.
A Central Office Switch may also be employed as a combination End
Office/Tandem Office Switch.
"Centrex" means a Telecommunications Service associated with a
specific grouping of lines that uses Central Office switching equipment for call
routing to handle direct dialing of calls and to provide many private branch
exchange-like features.
Sch. 1.2 - 104
"CLASS Features" means certain CCIS-based features available to
Customers, including: Automatic Call Back; Caller Identification and related
blocking features; Distinctive Ringing/Call Waiting; Selective Call Forward; and
Selective Call Rejection.
"Commercial Mobile Radio Service" or "CMRS" is As Defined in the Act.
"COBO" is as defined in Section 12.12.2(b).
"Collocation" is As Described in the Act.
"Combination" is as defined in Section 9.3.
"Commission" or "ICC" means the Illinois Commerce Commission.
"Common Channel Interoffice Signaling" or "CCIS" means the signaling
system, developed for use between switching systems with stored-program control,
in which all of the signaling information for one or more groups of trunks is
transmitted over a dedicated high-speed data link rather than on a per-trunk
basis and, unless otherwise agreed by the Parties, the CCIS used by the Parties
shall be SS7.
"Consequential Damages" is as defined in Section 26.5.
"Contract Month" means a calendar month (or portion thereof) during
the term of this Agreement. Contract Month 1 shall commence on the first day of
the first calendar month following the Effective Date and end on the last day of
that calendar month.
"Contract Year" means a twelve (12)-month period during the term of
this Agreement commencing on the Effective Date and each anniversary thereof.
"Control Office" means the Central Office providing Tandem Switching
Capability for E9-1-1 calls. The Control Office controls switching of ANI
information to the PSAP and also provides the Selective Routing, feature,
standard speed calling features, call transfer capability and certain
maintenance functions for each PSAP.
"Cross Connection" means a connection provided pursuant to
Collocation at the Digital Signal Cross Connect, Main Distribution Frame or
other suitable frame or panel between (i) the collocated Party's equipment and
(ii) the equipment of a third-party collocated Telecommunications Carrier or the
equipment or facilities of the other Party which provides such Collocation.
"Customer" means a third-party residence or business that subscribes
to Telecommunications Services provided by either of the Parties.
Sch. 1.2 - 105
"Customer Listing(s)" means a list containing the names, the
telephone numbers, addresses and zip codes of Customers within a defined
geographical area, except to the extent such Customers have requested not to be
listed in a directory.
"Customer Name and Address Information" or "CNA" means the name,
service address and telephone numbers of a Party's Customers for a particular
Exchange Area. CNA includes nonpublished listings, coin telephone information
and published listings.
"Customer Proprietary Network Information" is As Defined in the Act.
"Customer Usage Data" is as defined in Section 10.16.1.
"Dark Fiber" means fiber facilities that have no electronics (i.e.,
no transmission equipment at either end).
"Data Management System" or "DMS" means a system of manual procedures
and computer processes used to create, store and update the data required to
provide the Selective Routing ("SR") and ALI features.
"Delaying Event" means (a) any failure of a Party to perform any of
its obligations set forth in this Agreement, caused in whole or in part by (i)
the failure of the other Party to perform any of its obligations set forth in
this Agreement (including the Implementation Schedule and the Implementation
Plan), or (ii) any delay, act or failure to act by the other Party or its
Customer, agent or subcontractor or (b) any Force Majeure Event.
"Delivery Date" is as defined in Sections 12.12.2(b) and 12.12.3(c).
"Derivative Information" is as defined in Section 20.1.1(b).
"Dialing Parity" is As Defined in the Act.
"Digital Signal Level" means one of several transmission rates in the
time-division multiplex hierarchy.
"Digital Signal Level 0" or "DS0" means the 64 Kbps zero-level signal
in the time-division multiplex hierarchy.
"Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level
signal in the time-division multiplex hierarchy. In the time-division
multiplexing hierarchy of the telephone network, DS1 is the initial level of
multiplexing.
"Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level
in the time-division multiplex hierarchy. In the time-division multiplexing
hierarchy of the telephone network, DS3 is defined as the third level of
multiplexing.
Sch. 1.2 - 106
"Disclosing Party" is as defined in Section 20.1.1.
"Dispute" is as defined in Section 28.3.1.
"Disputed Amounts" is as defined in Section 28.1.1.
"Documentation of Authorization" is as defined in Schedule 10.11.1.
"Emergency Services" mean police, fire, ambulance, rescue and
medical services.
"E9-1-1" or "Enhanced 9-1-1 (E9-1-1) Service" provides completion of
9-1-1 calls via dedicated trunking facilities and includes Automatic Number
Identification (ANI), Automatic Location Identification (ALI) and/or Selective
Routing (SR).
"equal in quality" is as defined in Section 3.6.
"Exchange Access" is As Defined in the Act.
"Exchange Area" means an area, defined by the Commission, for which a
distinct local rate schedule is in effect.
"Exchange Message Record" or "EMR" means the standard used for
exchange of Telecommunications message information among Telecommunications
providers for billable, non-billable, sample, settlement and study data. EMR
format is contained in Bellcore Practice BR-010-200-010 XXXX Exchange Message
Record.
"FCC" means the Federal Communications Commission.
"Fiber-Meet" means an Interconnection architecture method whereby the
Parties physically Interconnect their networks via an optical fiber interface
(as opposed to an electrical interface) at a mutually agreed-upon location, at
which one Party's responsibility or service begins and the other Party's
responsibility ends.
"Force Majeure Event" is as defined in Section 30.5.
"Forecast Provider" is as defined in Section 19.5.3.
"Grandfathered Services" is as defined in Section 10.3.1.
"21st Century Directory Customer" is as defined in Section 15.1.
"Hazardous Substances" is as defined in Section 19.4.
Sch. 1.2 - 107
"HDSL" or "High-Bit Rate Digital Subscriber Line" means a
transmission technology which transmits up to a DS1-level signal, using any one
of the following line codes: 2 Binary / 1 Quartenary ("2B1Q"), Carrierless
AM/PM, Discrete Multitone ("DMT"), or 3 Binary / 1 Octel ("3B1O").
"Implementation Plan" is as defined in Section 18.2.
"Implementation Team" is as defined in Section 18.1.
"Incumbent Local Exchange Carrier" or "ILEC" is As Defined in the
Act.
"Information Service Traffic" means Local Traffic or IntraLATA Toll
Traffic which originates on a Telephone Exchange Service line and which is
addressed to an information service provided over a Party's information services
platform (e.g., 976).
"Initial Billing Company" or "IBC" means the Local Exchange Carrier
which provides the Feature Group B or D services in an End Office. For purposes
of this Agreement, 21st Century is the IBC.
"Initial Term" is as defined in Section 21.1.
"Integrated Digital Loop Carrier" means a subscriber loop carrier
system that is twenty-four (24) local Loop transmission paths combined into a
1.544 Mbps digital signal which integrates within the switch at a DS1 level.
"Integrated Services Digital Network" or "ISDN" means a switched
network service that provides end-to-end digital connectivity for the
simultaneous transmission of voice and data. Basic Rate Interface-ISDN
(BRI-ISDN) provides for a digital transmission of two 64 Kbps bearer channels
and one 16 Kbps data channel (2B+D).
"Intellectual Property" means copyrights, patents, trademarks,
trade-secrets, mask works and all other intellectual property rights.
"Interconnection" is As Defined in the Act.
"Interconnection Activation Date" is as defined in Section 2.1.
"Interconnection Point" is as defined in Section 3.2.2.
"Interexchange Carrier" or "IXC" means a carrier that provides
interLATA or intraLATA Telephone Toll Services.
"Interim Telecommunications Number Portability" or "INP" is as
described in the Act.
Sch. 1.2 - 108
"InterLATA" is As Defined in the Act.
"IntraLATA Toll Traffic" means all intraLATA calls other than Local Traffic
calls.
"Line Information Data Base(s)" or "LIDB" means one or all, as the context
may require, of the Line Information Data Bases owned individually by ILECs and
other entities which provide, among other things, calling card validation
functionality for telephone line number cards issued by Ameritech. A LIDB also
contains validation data for collect and third number-billed calls, which
include billed number screening.
"Listing Update(s)" means information with respect to Customers necessary
for Publisher to publish directories under this Agreement in a form and format
acceptable to Publisher. For Customers whose telephone service has changed
since the last furnished Listing Update because of new installation,
disconnection, change in address, change in name, change in non-listed or non-
published status, or other change which may affect the listing of the Customer
in a directory, Listing Updates shall also include information necessary in
order for Publisher to undertake initial delivery and subsequent delivery of
directories, including mailing addresses, delivery addresses and quantities of
directories requested by a Customer. In the case of Customers who have
transferred service from another LEC to 21/st/ Century without change of
address, Listing Updates shall also include the Customer's former listed
telephone number and former LEC, if available. Similarly, in the case of
Customers who have transferred service from 21/st/ Century to another LEC,
Listing Updates shall also include the Customer's referral telephone number and
new LEC, if available.
"Local Access and Transport Area" or "LATA" is As Defined in the Act.
"Local Exchange Carrier" or "LEC" is As Defined in the Act.
"Local Loop Transmission" or "Loop" means the transmission path which
extends from the Network Interface Device or demarcation point at a Customer's
premises to the Main Distribution Frame or other designated frame or panel in a
Party's Wire Center or Switching Center which serves the Customer. Loops are
defined by the electrical interface rather than the type of facility used.
"Local Number Portability" or "LNP" means the ability of users of
Telecommunications Services to retain, at the same location, existing telephone
numbers without impairment of quality, reliability, or convenience when
switching from one Telecommunications Carrier to another.
"Local Traffic" means a call the distance of which is fifteen (15) miles or
less as calculated by using the V&H coordinates of the originating NXX and the
V&H coordinates of the terminating NXX or as otherwise determined by the FCC or
Commission for purposes of
Sch. 1.2 - 109
Reciprocal Compensation; provided, that in no event shall a Local Traffic call
--------
be greater than fifteen (15) miles as so calculated.
"Loss" or "Losses" means any and all losses, costs (including court costs),
claims, damages (including fines, penalties, and criminal or civil judgments and
settlements), injuries, liabilities and expenses (including attorneys' fees).
"Main Distribution Frame" means the distribution frame of the Party
providing the Loop used to interconnect cable pairs and line and trunk equipment
terminals on a switching system.
"Make-Ready Work" means all work, including rearrangement or transfer of
existing facilities or other changes required to accommodate 21/st/ Century's
Attachments.
"MECAB" refers to the Multiple Exchange Carrier Access Billing (MECAB)
document prepared by the Billing Committee of the Ordering and Billing Forum
(OBF), which functions under the auspices of the Carrier Liaison Committee (CLC)
of the Alliance for Telecommunications Industry Solutions (ATIS). The MECAB
document published by Bellcore as Special Report SR-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.
"Meet-Point Billing" means the process whereby each Party bills the
appropriate tariffed rate for its portion of a jointly provided Switched
Exchange Access Service.
"Multiple Xxxx/Single Tariff" means that each Party will prepare and render
its own meet point xxxx in accordance with its own tariff for its portion of the
switched access service.
"Network Element" is As Defined in the Act.
"North American Numbering Plan" or "NANP" means the numbering plan used in
the United States that also serves Canada, Bermuda, Puerto Rico and certain
Caribbean Islands. The NANP format is a 10-digit number that consists of a 3-
digit NPA code (commonly referred to as the area code), followed by a 3-digit
NXX code and 4-digit line number.
"Number Portability" is As Defined in the Act.
"NXX" means the three-digit code which appears as the first three digits of
a seven-digit telephone number.
"OBF" means 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).
Sch. 1.2 - 110
"Occupancy Date" is as defined in Section 12.12.2(f).
------------------
"Optical Line Terminating Multiplexor" or "OLTM" is as defined in Section
-------
3.3.
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"Party" means either Ameritech or 21/st/ Century, and "Parties" means
Ameritech and 21/st/ Century.
"Physical Collocation" is As Defined in the Act.
"PIC" means primary Interexchange Carrier.
"Premises" is As Defined in the Act.
"Primary Listing" means the single directory listing provided to Customers
by Publisher under the terms of this Agreement. Each telephone configuration
that allows a terminating call to xxxx for an available time among a series of
lines shall be considered a single Customer entitled to a single primary
listing.
"Proprietary Information" is as defined in Section 20.1.1.
--------------
"Public Safety Answering Point" or "PSAP" means 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 Service Agencies such
as police, fire or emergency medical agencies or by employees of a common bureau
serving a group of such entities.
"Publisher" means Ameritech's White Pages Directories publisher.
"Rate Center" means the specific geographic point which has been designated
by a given LEC as being associated with a particular NPA-NXX code which has been
assigned to the LEC for its provision of Telephone Exchange Service. The Rate
Center is the finite geographic point identified by a specific V&H coordinate,
which is used by that LEC to measure, for billing purposes, distance sensitive
transmission services associated with the specific Rate Center; provided that a
--------
Rate Center cannot exceed the boundaries of an Exchange Area as defined by the
Commission.
"Receiving Party" is as defined in Section 20.1.1.
--------------
"Reciprocal Compensation" is As Described in the Act.
"Referral Announcement" is as defined in Article XVII.
------------
Sch. 1.2 - 111
"Renewal Term" is as defined in Section 21.1.
------------
"Resale Listing(s)" means a list containing the names, the telephone
numbers, addresses and zip codes of Customers of 21/st/ Century within the
defined geographic area, except to the extent such Customers of 21/st/ Century
have requested not to be listed in a directory.
"Resale Services" is as defined in Section 10.3.
------------
"Resale Tariff" is as defined in Section 10.11.2.
---------------
"Routing Point" means a location which an LEC has designated on its own
network as the homing (routing) point for inbound traffic to one or more of its
NPA-NXX codes. The Routing Point is also used to calculate mileage measurements
for the distance-sensitive transport element charges of Switched Exchange Access
Services. Pursuant to Bellcore Practice BR 000-000-000 (the "RP Practice"), the
Routing Point (referred to as the "Rating Point" in such RP Practice) may be an
End Office Switch location, or a "LEC Consortium Point of Interconnection."
Pursuant to such RP Practice, each "LEC Consortium Point of Interconnection"
shall be designated by a common language location identifier (CLLI) code with
(x)KD in positions 9, 10 and 11, where (x) may be any alphanumeric A-Z or 0-9.
The Routing Point must be located within the LATA in which the corresponding
NPA-NXX is located. However, Routing Points associated with each NPA-NXX need
not be the same as the corresponding Rate Center, nor must there be a unique and
separate Routing Point corresponding to each unique and separate Rate Center;
provided only that the Routing Point associated with a given NPA-NXX must be
--------
located in the same LATA as the Rate Center associated with the NPA-NXX.
"Selective Routing" or "SR" means an E9-1-1 feature that routes an E9-1-1
call from a Control Office to the designated Primary PSAP based upon the
identified number of the calling party.
"Service Agency" means the public agency, the State or any local government
unit or special purpose district which has the authority to provide police, fire
fighting, medical or other emergency services, which has requested the local
telephone company to provide an E9-1-1 Telecommunications Service for the
purpose of voice-reporting emergencies by the public.
"Service Control Point" or "SCP" is As Defined in the Act.
"Service Line" means a telecommunications link from the Central Office
terminating at the PSAP.
"Shared Tenant Service Agreement" means the provision of centralized
Telecommunications Services to tenants within the same building or a complex of
buildings.
Sch. 1.2 - 112
"Signaling End Point" or "SEP" means a signaling point, other than an STP,
which serves as a source or a repository for CCIS messages.
"Signal Transfer Point" or "STP" is As Defined in the Act.
"Subsequent Billing Company" or "SBC" means the Local Exchange Carrier
which provides a segment of transport or switching services in connection with
Feature Group B or D switched access service. For purposes of this Agreement,
Ameritech is initially the SBC.
"Sunsetted Services" is as defined in Section 10.3.2.
--------------
"Switched Access Detail Usage Data" means a category 1101XX record as
defined in the EMR Bellcore Practice BR 000-000-000.
"Switched Access Summary Usage Data" means a category 1150XX record as
defined in the EMR Bellcore Practice BR 000-000-000.
"Switched Exchange Access Service" means the offering of transmission or
switching services to Telecommunications Carriers for the purpose of the
origination or termination of Telephone Toll Service. Switched Exchange Access
Services include: Feature Group A, Feature Group B, Feature Group D, 800/888
access, and 900 access and their successors or similar Switched Exchange Access
Services.
"Switching Center" serves as a Routing Point for Switched Exchange Access
and Interconnection Access Service.
"Synchronous Optical Network" or "SONET" means an optical interface
standard that allows inter-networking of transmission products from multiple
vendors. The base rate is 51.84 Mbps (OC-1/STS-1) and higher rates are direct
multiples of the base rate, up to 13.22 Gpbs.
"Technical Reference Schedule" is the list of technical references set
forth in Schedule 2.3.
------------
"Technically Feasible Point" is As Described in the Act.
"Telecommunications" is As Defined in the Act.
"Telecommunications Act" means the Telecommunications Act of 1996 and any
rules and regulations promulgated thereunder.
"Telecommunications Assistance Program" means any means-tested or
subsidized Telecommunications Service offering, including Lifeline, that is
offered only to a specific category of subscribers.
Sch. 1.2 - 113
"Telecommunications Carrier" is As Defined in the Act.
"Telecommunications Service" is As Defined in the Act.
"Telephone Exchange Service" is As Defined in the Act.
"Telephone Relay Service" means a service provided to speech-and hearing-
impaired callers that enables such callers to type a message into a telephone
set equipped with a keypad and message screen and to have a live operator read
the message to a recipient and then type the message recipient's response to the
speech-or hearing-impaired caller.
"Telephone Toll Service" is As Defined in the Act.
"Unauthorized Switching" is as defined in Section 10.11.2.
---------------
"Virtual Collocation" is As Defined in the Act.
"White Pages Directories" means directories or the portion of co-bound
directories which include a list in alphabetical order by name of the telephone
numbers and addresses of telecommunication company customers.
"Wholesale Resale Services" is as defined in Section 10.1.
------------
"Wire Center" means the Premises of a Party at which all Customer Loops
within a defined geographic area are converged. Such Loops may be served by one
(1) or more Central Office Switches within such Premises. The Wire Center
serves as a Routing Point for Switched Exchange Access Service.
Sch. 1.2 - 114
SCHEDULE 2.1
IMPLEMENTATION SCHEDULE
ILLINOIS
1. Interconnection
LATA Ameritech 21/st/ Century Interconnection
Interconnection Interconnection Activation Date
Xxxxx Xxxxx
000 XXXXXXXXX00X XXXXXXXX00X To be determined for
CHCGILACDSO all LATAs in
accordance with the
procedures set forth in
Section 3.4.4
-------------
SCHEDULE 2.2
BONA FIDE REQUEST
1. Ameritech shall promptly consider and analyze the submission of a Bona
Fide Request that Ameritech provide: (a) Interconnection, access to an
unbundled Network Element (including Combinations thereof) not otherwise
provided hereunder at the time of such request; (b) an Interconnection or
connection to a Network Element that is different in quality to that which
Ameritech provides itself at the time of such request; or (c) a customized
service for features, capabilities, functionalities or unbundled Network
Elements not otherwise provided hereunder at the time of such request.
2. A Bona Fide Request shall be submitted in writing and shall include a
technical description of each requested Interconnection, Network Element,
Combination and/or customized feature, capability or functionality.
3. Ameritech shall provide 21/st/ Century a good faith estimate of costs to
process 21/st/ Century's Bona Fide Request quote within five (5) business days
of receipt of 21/st/ Century's request. 21/st/ Century may cancel a Bona Fide
Request at any time, but shall pay Ameritech's reasonable and demonstrable costs
of processing and/or implementing the Bona Fide Request up to the date of
cancellation, except if (i) any processing charges are of the type which are not
generally passed on by Ameritech to its retail or resale Customers and (ii) such
costs or cost categories representing such charges are not included in the
prices, 21/st/ Century pays for the services provided by Ameritech under this
Agreement.
Sch. 2.1 - 1
4. Within five (5) Business Days of its receipt, Ameritech shall acknowledge
receipt of the Bona Fide Request.
5. Within thirty (30) days of its receipt of a Bona Fide Request, Ameritech
shall provide to 21/st/ Century a preliminary analysis of such Interconnection,
Network Element, or requested level of quality thereof that is the subject of
the Bona Fide Request or customized feature, capability or functionality. The
preliminary analysis shall confirm that Ameritech will either offer access to
the Interconnection, Network Element, or requested level of quality or will
provide a detailed explanation that access to such Interconnection, Network
Element, or requested level of quality is not technically feasible and/or that
the request does not qualify as an Interconnection, Network Element, or
requested level of quality that is required to be provided under the Act. If
the receiving Party determines that the Interconnection, Network Element, or
requested level of quality that is the subject of the Bona Fide Request is
technically feasible and is otherwise required to be provided under the Act,
Ameritech shall provide 21/st/ Century a firm price proposed and availability
date for such development ("Bona Fide Request Quote"). For Bona Fide Requests
that involve either: (i) combinations of standard offerings or (ii) individual
customer arrangements that do not require alterations not otherwise performed
for individual customer arrangements, for Ameritech retail Customers, Ameritech
shall provide a Bona Fide Request Quote within such thirty (30)-day period. For
all other Bona Fide Requests, Ameritech shall provide a Bona Fide Request Quote
as soon as feasible, but in any event not more than one hundred twenty (120)
days from the date Ameritech received such Bona Fide Request. The Bona Fide
Request Quote provided by Ameritech to 21/st/ Century shall include, at 21/st/
Century's option, either (a) the applicable rates (recurring and nonrecurring)
of the requested Interconnection, Network Element, Combination or Customized
feature, capability or functionality, which rates shall include the reasonable
amortized costs of development of such Interconnection, Network Element,
Combination or customized feature, capability or functionality or (b) the
reasonable costs of development of the Interconnection, Network Element,
Combination or customized feature, capability or functionality listed as a
separate charge and the applicable rates (recurring or nonrecurring for such
Interconnection, Combination or customized feature, capability or functionality.
6. Within thirty (30) days of its receipt of the Bona Fide Request Quote,
the requesting Party must either confirm its order for such Interconnection or
Network Element pursuant to the Bona Fide Request Quote or, if it believes such
quote is inconsistent with the requirements of the Act, exercise its rights
under Section 28.3.
------------
7. Unless 21/st/ Century agrees otherwise, all prices shall be consistent
with the pricing principles of the Act, FCC and/or the Commission.
8. If a Party to a Bona Fide Request believes that the other Party is not
requesting, negotiating, or processing the Bona Fide Request in good faith, or
disputes a determination, or price or cost quote, such Party may exercise its
rights under Section 28.3.
------------
Sch. 2.2 - 2
SCHEDULE 2.3
TECHNICAL REFERENCE SCHEDULE
Unbundled Network Elements
--------------------------
Unbundled Loop Transmission
---------------------------
ANSI T1.413-1995 Specifications
ANSI T1.403-1989, Carrier to Customer Installation, DS1 Metallic Interface
Specification
AM TR-TMO-000122
AM TR-TMO-000123
Bellcore TR-NWT-000393, Generic Requirements for ISDN Basic Access Digital
Subscriber Lines
ANSI T1.102-1993, American National Standard for Telecommunication -
Digital Hierarchy - Electrical Interfaces
ANSI T1E1 Committee Technical report Number 28
Bellcore Technical Requirement TR-NWT-000499, Issue 5, December 1993,
section 7
Bellcore TR-TSY-000008 Digital Interface Between the SLC Digital Loop
Carrier System and Local Digital Switch, Issue 2, August 1987
Bellcore TR-TSY-000673, Operation System Interface for an IDLC System
(LSSGR) FSD 20-02-2100, Issue 1, September 1989
Bellcore Integrated Digital Loop Carrier System General Requirements,
Objectives and Interface, GR 303-CORE, Issue 1, September 1995
Local Switching
---------------
Bellcore FR-NWT-000064 (Local Switching Systems General Requirements)
Bellcore GR-1432-CORE (TCAP)
Bellcore GR-905-CORE (ISUP)
Bellcore GR-1429-CORE (Call Management)
Bellcore GR-1357-CORE (Switched Fractional DS1)
Bellcore GR-1428-CORE (Toll Free Service)
Bellcore GR-1597-CORE (Calling Name)
Bellcore GR-954-CORE (Line Information Database)
Bellcore GR-2863-CORE (Advanced Intelligent Network)
GR-1298-CORE, AIN Switching System Generic Requirements
Sch. 2.3 - 3
GR-1299-CORE, AIN Switch-Service Control Point (SCP)/Adjunct Interface
Generic Requirements
TR-NWT-001284, AIN 0.1 Switching System Generic Requirements
SR-NWT-002247, AIN Release 1 Update
ANSI standards Q.931, Q.932
Bellcore TR-NWT-08
Bellcore TR-NWT-303
TR-NWT-000393, January 1991, Generic Requirements for ISDN Basic Access
Digital Subscriber Lines
Dedicated and Shared Transport
------------------------------
XX XX-XXX-000000
XX XX-XXX-000000
ANSI T1.101-1994, American National Standard for Telecommunications
-Synchronization Interface Standard Performance and Availability
ANSI T1.102-1993, American National Standard for Telecommunications -
Digital Hierarchy - Electrical Interfaces
ANSI T1.105-1995, American National Standard for Telecommunications -
Synchronous Optical Network (SONET) - Basic Description including
Multiplex Structure, Rates and Formats
ANSI T1.105.01-1995, American National Standard for Telecommunications -
Synchronous Optical Network (SONET) - Automatic Protection Switching
ANSI T1.105.02-1995, American National Standard for Telecommunications
-Synchronous Optical Network (SONET) - Payload Mappings
ANSI T1.105.03-1994, American National Standard for Telecommunications -
Synchronous Optical Network (SONET) - Jitter at Network Interfaces
ANSI T1.105.03a-1995, American National Standard for Telecommunications
-Synchronous Optical Network (SONET): Jitter at Network
Interfaces - DS1 Supplement
ANSI T1.105.04-1995, American National Standard for Telecommunications
-Synchronous Optical Network (SONET) - Data Communication Channel
Protocols and Architectures
ANSI T1.105.05-1994, American National Standard for Telecommunications -
Synchronous Optical Network (SONET) - Tandem Connection
ANSI T1.105.06-199x, American National Standard for Telecommunications -
Synchronous Optical Network (SONET) - Physical Layer Specifications
ANSI T1.106-1988, American National Standard for Telecommunications -
Digital Hierarchy - Optical Interface Specifications (Single Mode)
ANSI T1.107-1988, American National Standard for Telecommunications -
Digital Hierarchy - Formats Specifications
ANSI T1.107a-1990, American National Standard for Telecommunications -
Digital Hierarchy - Supplement to Formats Specifications (DS3 Format
Applications)
Sch. 2.3 - 4
ANSI T1.107b-1991, American National Standard for Telecommunications -
Digital Hierarchy - Supplement to Formats Specifications
ANSI T1.117-1991, American National Standard for Telecommunications - Digital
Hierarchy - Optical Interface Specifications (SONET) (Single Mode - Short
Reach)
ANSI T1.119-1994, American National Standard for Telecommunications -
Synchronous Optical Network (SONET) - Operations, Administration,
Maintenance, and Provisioning (OAM&P) Communications
ANSI T1.119.01-1995, American National Standard for Telecommunications -
Synchronous Optical Network (SONET) - Operations, Administration,
Maintenance, and Provisioning (OAM&P) Communications Protection Switching
Fragment
ANSI T1.119.02-199x, American National Standard for Telecommunications -
Synchronous Optical Network (SONET) - Operations, Administration,
Maintenance, and Provisioning (OAM&P) Communications Performance Monitoring
Fragment
ANSI T1.231-1993, American National Standard for Telecommunications - Digital
Hierarchy - Layer 1 In-Service Digital Transmission performance monitoring
ANSI T1.404-1994, Network-to-Customer Installation - DS3 Metallic Interface
Specification
Bellcore FR-440 and TR-NWT-000499, Transport Systems Generic Requirements
(TSGR): Common Requirements
Bellcore GR-820-CORE, Generic Transmission Surveillance: DS1 & DS3 Performance
Bellcore GR-253-CORE, Synchronous Optical Network Systems (SONET); Common
Generic Criteria
Bellcore TR-NWT 000507, Transmission, Section 7, Issue 5 (Bellcore, December
1993). (A module of LSSGR, FR-NWT-000064.)
Bellcore TR-NWT-000776, Network Interface Description for ISDN Customer Access
Bellcore TR-INS-000342, High-Capacity Digital Special Access Service-
Transmission Parameter Limits and lnterface Combinations, Issue 1,
February 1991
Signaling Transfer Points (STPs)
--------------------------------
ANSI T1.111.2
ANSI T1.111.3
ANSI T1.111.4
ANSI T1.112
ANSI T1.112.4
ANSI T1.118
ANSI T1.111.6
ANSI T1.112.5
GR-2863-CORE, CCS Network Interface Specification Supporting Advanced
Intelligent Network (AIN)
GR-2902-CORE, CCS Network Interface Specification (CCSNIS) Supporting Toll-Free
Service Using Advanced Intelligent Network (AIN)
Sch. 2.3 - 5
Bellcore GR-905-CORE, Common Channel Signaling Network Interface Specification
(CCSNIS) Supporting Network Interconnection, Message Transfer Part (MTP),
and Integrated Services Digital Network User Part (ISDNUP)
Bellcore GR-1432-CORE, CCS Network Interface Specification (CCSNIS) Supporting
Signaling Connection Control Part (SCCP) and Transaction Capabilities
Application Part (TCAP)
ANSI T1.111-1992, American National Standard for Telecommunications - Signaling
System Number 7 (SS7) - Message Transfer Part (MTP)
ANSI T1.111A-1994, American National Standard for Telecommunications - Signaling
System Number 7 (SS7) - Message Transfer Part (MTP) Supplement
ANSI T1.112-1992, American National Standard for Telecommunications - Signaling
System Number 7 (SS7) - Signaling Connection Control Part (SCCP)
ANSI T1.115-1990, American National Standard for Telecommunications - Signaling
System Number 7 (SS7) - Monitoring and Measurements for Networks
ANSI T1.116-1990, American National Standard for Telecommunications - Signaling
System Number 7 (SS7) - Operations, Maintenance and Administration Part
(OMAP)
ANSI T1.118-1992, American National Standard for Telecommunications - Signaling
System Number 7 (SS7) - Intermediate Signaling Network Identification
(ISNI)
Bellcore GR-905-CORE, Common Channel Signaling Network Interface Specification
(CCSNIS) Supporting Network Interconnection, Message Transfer Part (MTP),
and Integrated Services Digital Network User Part (ISDNUP)
Bellcore GR-1432-CORE, CCS Network Interface Specification (CCSNIS) Supporting
Signaling Connection Control Part (SCCP) and Transaction Capabilities
Application Part (TCAP)
Service Control Points (SCPs)/Call-Related Databases
----------------------------------------------------
SR-TSV-002275 (BOC Notes on the Ameritech Networks, SR-TSV-002275, Issue 2
(Bellcore, April 1994))
GR-246-CORE, Xxxx Communications Research Specification of Signaling System
Number 7, ISSUE 1 (Bellcore, December 1995)
GR-1432-CORE, CCS Network Interface Specification (CCSNIS) Supporting Signaling
Connection Control Part (SCCP) and Transaction Capabilities Application
Part (TCAP). (Bellcore, March 1994)
GR-954-CORE, CCS Network Interface Specification (CCSNIS) Supporting Line
Information Database (LIDB) Service 6, Issue 1, Rev. 1 (Bellcore, October
1995)
XX-0000-XXXX, XXXXX Section 10: System Interfaces, Issue 1 (Bellcore, October
1995) (Replaces TR-NWT-001149)
XX-0000-XXXX, XXXXX Section 22.3: Line Information Database 6, Issue (Bellcore,
October 1995)
GR-1428-CORE, CCS Network Interface Specification (CCSNIS) Supporting Toll Free
Service (Bellcore, May 1995)
BOC Notes on Xxxxxxxxx Xxxxxxxx, XX-XXX-000000, ISSUE 2 (Bellcore, April 1994)
GR-1280-CORE, AIN Service Control Point (SCP) Generic Requirements
Tandem Switching
----------------
Bellcore TR-TSY-000540, Issue 2R2, Tandem Supplement, 6/1/90
GR-905-CORE
GR-1429-CORE
GR-2863-CORE
GR-2902-CORE
Sch. 2.3 - 6
Performance Standards
---------------------
Bellcore FR-64, LATA Switching Systems Generic Requirements (LSSGR)
Bellcore TR-NWT-000499, Issue 5, Rev 1, April 1992, Transport Systems Generic
Requirements (TSGR): Common Requirements
Bellcore TR-NWT-000418, Issue 2, December 1992, Generic Reliability Assurance
Requirements For Fiber Optic Transport Systems
Bellcore TR-NWT-000057, Issue 2, January 1993, Functional Criteria for Digital
Loop Carriers Systems
Bellcore TR-NWT-000507, Issue 5, December 1993, LSSGR - Transmission, Section 7
Bellcore TR-TSY-000511, Issue 2, July 1987, Service Standards, a Module (Section
11) of LATA Switching Systems Generic Requirements (LSSGR, FR-NWT-000064)
Bellcore TR-NWT-000393, January 1991, Generic Requirements for ISDN Basic Access
Digital Subscriber Lines
Bellcore TR-NWT-000909, December 1991, Generic Requirements and Objectives for
Fiber In The Loop Systems
GR-303-CORE, Issue 1, September 1995, Integrated Digital Loop Carrier System
Generic Requirements, Objectives and Interface
Bellcore TR-NWT-000505, Issue 3, May 1991, LSSGR Section 5, Call Processing
Bellcore LSSGR TR-TSY-000511
Bellcore TR-NWT-001244, Clocks for the Synchronized Network: Common Generic
Criteria
ANSI T1.105-1995
ANSI T1.512-1994 Network Performance - Point-to-Point Voice-Grade Special Access
Network Voiceband Data Transmission Objectives
Network Interface Device
------------------------
Bellcore Technical Advisory TA-TSY-000120, "Customer Premises or Network Ground
Wire"
Bellcore Generic Requirement GR-49-CORE, "Generic Requirements for Outdoor
Telephone Network Interface Devices"
Bellcore Technical Requirement TR-NWT-00239, "Indoor Telephone Network
Interfaces"
Bellcore Technical Requirement TR-NWT-000937, "Generic Requirements for Outdoor
and Indoor Building Entrance"
Interconnection
---------------
Trunking Interconnection
------------------------
GR-317-CORE, Switching System generic requirements for Call Control Using the
Integrated Services Digital Network User Part (ISDNUP), Bellcore, February,
1994
GR-394-CORE, Switching System generic requirements for Interexchange Carrier
Interconnection Using the Integrated Services Digital Network User Part
(ISDNUP), Bellcore, February, 1994
FR-NWT-000064, LATA Switching Systems Generic Requirements (LSSGR), Bellcore,
1994 Edition
ANSI T1.111
ANSI T1.112
ANSI T1.113
Sch. 2.3 - 7
Bellcore GR-905-CORE, Common Channel Signaling Network Interface Specification
(CCSNIS) Supporting Network Interconnection, Message Transfer Part (MTP),
and Integrated Services Digital Network User Part (ISDNUP)
Bellcore GR-1428-CORE, CCS Network Interface Specification (CCSNIS) Supporting
Toll-Free Service
Bellcore GR-1429-CORE, CCS Network Interface Specification (CCSNIS) Supporting
Call Management Services
Bellcore GR-1432-CORE, CCS Network Interface Specification (CCSNIS) Supporting
Signaling Connection Control Part (SCCP) and Transaction Capabilities
Application Part (TCAP)
ANSI T1.110-1992, American National Standard Telecommunications - Signaling
System Number 7 (SS7) - General Information;
ANSI T1.111-1992, American National Standard for Telecommunications - Signaling
System Number 7 (SS7) - Message Transfer Part (MTP)
ANSI T1.111A-1994, American National Standard for Telecommunications - Signaling
System Number 7 (SS7) - Message Transfer Part (MTP) Supplement
ANSI T1.112-1992, American National Standard for Telecommunications - Signaling
System Number 7 (SS7) - Signaling Connection Control Part (SCCP)
ANSI T1.113-1995, American National Standard for Telecommunications - Signaling
System Number 7 (SS7) - Integrated Services Digital Network (ISDN) User
Part
ANSI T1.114-1992, American National Standard for Telecommunications - Signaling
System Number 7 (SS7) - Transaction Capabilities Application Part (TCAP)
ANSI T1.115-1990, American National Standard for Telecommunications - Signaling
System Number 7 (SS7) - Monitoring and Measurements for Networks
ANSI T1.116-1990, American National Standard for Telecommunications - Signaling
System Number 7 (SS7) - Operations, Maintenance and Administration Part
(OMAP)
ANSI T1.118-1992, American National Standard for Telecommunications - Signaling
System Number 7 (SS7) - Intermediate Signaling Network Identification
(ISNI)
Bellcore GR-905-CORE, Common Channel Signaling Network Interface Specification
(CCSNIS) Supporting Network Interconnection, Message Transfer Part (MTP),
and Integrated Services Digital Network User Part (ISDNUP)
Bellcore GR-954-CORE, CCS Network Interface Specification (CCSNIS) Supporting
Line Information Database (LIDB) Service
Bellcore Special Report SR-TSV-002275, BOC Notes on the LEC Networks-Signaling
Ameritech Supplement AM-TR-OAT-000069, Common Channel Signaling Network
Interface Specifications
Bellcore Standard FR-NWT-000476
ANSI Standard T1.206
Electrical/Optical Interfaces
-----------------------------
Bellcore Technical Publication TR-INS-000342, High Capacity Digital Special
Access Service, Transmission Parameter Limits and Interface Combinations;
Ameritech Technical Publication TR-NIS-000111, Ameritech 0C3, 0C12 and 0C48
Service Interface Specifications; and Ameritech Technical Publication
AM-TR-NIS-000133, Ameritech 0C3, 0C12 and 0C48 Dedicated Ring Service
Interface Specifications.
Collocation
-----------
Bellcore Network Equipment Building Systems (NEBS) standards TR-EOP-000063
National Electrical Code (NEC) use latest issue
TA-NPL-000286, NEBS Generic Engineering Requirements for System Assembly
and Cable Distribution, Issue 2 (Bellcore, January 1989)
Sch. 2.3 - 8
TR-EOP-000063, Network Equipment-Building System (NEBS) Generic Equipment
Requirements, Issue 3, March 1988
TR-NWT-000840, Supplier Support Generic Requirements (SSGR), (A Module of
LSSGR, FR-NWT-000064), Issue 1 (Bellcore, December 1991)
TR-NWT-001275 Central Office Environment Installations/Removal Generic
Requirements, Issue 1, January 1993
Institute of Electrical and Electronics Engineers (IEEE) Standard 383, IEEE
Standard for Type Test of Class 1 E Electrical Cables, Field Splices, and
Connections for Nuclear Power Generating Stations
National Electrical Code (NEC) use latest issue
TA-NPL-000286, NEBS Generic Engineering Requirements for System Assembly and
Cable Distribution, Issue 2 (Bellcore, January 1989)
TR-EOP-000063, Network Equipment-Building System (NEBS) Generic Equipment
Requirements, Issue 3, March 1988
XX-XXX-000000, Xxxxxxx Requirements for 24-, 48-, 130- and 140- Volt Central
Office Power Plant Rectifiers, Issue 1 (Bellcore, May 1985)
TR-EOP-000232, General Requirements for Lead-Acid Storage Batteries, Issue 1
(Bellcore, June 1985)
TR-NWT-000154, General Requirements for 24-, 48-, 130-, and 140- Volt Central
Office Power Plant Control and Distribution Equipment, Issue 2 (Bellcore,
January 1992)
TR-NWT-000295, Isolated Ground Planes: Definition and Application to Telephone
Central Offices, Issue 2 (Bellcore, July 1992)
TR-NWT-000840, Supplier Support Generic Requirements (SSGR), (A Module of LSSGR,
FR-NWT-000064), Issue 1 (Bellcore, December 1991)
TR-NWT-001275, Central Office Environment Installations/Removal Generic
Requirements, Issue 1, January 1993
Underwriters' Laboratories Standard, UL 94
Sch. 2.3 - 9
SCHEDULE 3.8
AMERITECH INTERCONNECTION PERFORMANCE BENCHMARKS
1.0 Trunk Provisioning Intervals
1.1 Number of End Office
Trunks Per Order Interval
---------------- --------
1-48 14 Business Days
49-96 15 Business Days
97 + Negotiated
1.2 New Trunk Groups to Tandem(s) Negotiated
-----------------------------
2.0 Trunking Grade of Service
Blocking Standards
Traffic Type Measurement /1/
------------ ----------- ---
Exchange Access Final Trunk Group Traffic
via Tandems 1/2 of 1% (0.005)
All Other Final Trunk Group Traffic 1% (0.01)
3.0 Trunk Restoral
Type of Outage Interval
-------------- --------
Service Affecting within 1 hour
Non-Service Affecting within 24 hours
SCHEDULE 6.0
MEET-POINT BILLING RATE STRUCTURE
A. Interstate access - Terminating to or originating from 21/st/ Century
Customers served from an 21/st/ Century Switching Center.
--------------------
/1/ Measurement of Blocking Standards shall be on a monthly basis.
----
Sch. 3.8 - 1
Rate Element Billing Company
CCL 21/st/ Century
Local Switching 21/st/ Century
Interconnection Charge 21/st/ Century
Local Transport (Tandem) 50% Ameritech
Termination 50% 21/st/ Century
Local Transport (Tandem) This will be calculated based
Facility on NECA tariff No. 4 filings
for each Party
Tandem Switching Ameritech
Entrance Facility Ameritech
B. Intrastate access - Terminating to or originating from 21/st/ Century
Customers served from an 21/st/ Century Switching Center.
Rate Element Billing Company
CCL 21/st/ Century
Local Switching 21/st/ Century
Interconnection Charge 21/st/ Century
Local Transport (Tandem) 50% Ameritech
Termination 50% 21/st/ Century
Local Transport (Tandem) This will be calculated based
Facility on NECA tariff No. 4 filings
for each Party
Tandem Switching Ameritech
Entrance Facility Ameritech
SCHEDULE 9.2.1
LOCAL LOOPS
Subject to Section 1.1 of Schedule 9.5, Ameritech shall allow 21/st/
----------- ------------
Century to access the following Loop types (in addition to those Loops available
under applicable tariffs) unbundled from local switching and local transport:
Sch. 9.2.1 - 2
"2-Wire Analog Voice Grade Loop" or "Analog 2W," which supports analog
transmission of 300-3000 Hz, repeat loop start, loop reverse battery, or ground
start seizure and disconnect in one direction (toward the End Office Switch),
and repeat ringing in the other direction (toward the Customer) and terminates
in a 2-Wire interface at both the central office MDF and the customer premises.
Analog 2W includes Loops sufficient for the provision of PBX trunks, pay
telephone lines and electronic key system lines. Analog 2W will be provided in
accordance with the specifications, interfaces, and parameters described in
Technical Reference AM-TR-TMO-000122, Ameritech Unbundled Analog Loops.
"4-Wire Analog Voice Grade Loop" or "Analog 4W," which supports
transmission of voice grade signals using separate transmit and receive paths
and terminates in a 4-wire electrical interface at both ends. Analog 4W will be
provided in accordance with the specifications, interfaces, and parameters
described in Technical Reference XX-XX-XXX-000000, Xxxxxxxxx Unbundled Analog
Loops.
"2-Wire ISDN 160 Kbps Digital Loop" or "BRI-ISDN," which supports digital
transmission of two 64-kbps bearer channels and one 16-kbps data channel (2B+D).
BRI-ISDN is a 2B+D Basic Rate Interface-Integrated Services Digital Network
(BRI-ISDN) Loop which will meet national ISDN standards and conform to Technical
Reference XX-XX-XXX-000000, Xxxxxxxxx Unbundled Digital Loops (including ISDN).
"2-Wire ADSL-Compatible Loop" or "ADSL 2W" is a transmission path which
facilitates the transmission of up to a 6-Mbps digital signal downstream (toward
the Customer) and up to a 640-kpbs digital signal upstream (away from the
Customer) while simultaneously carrying an analog voice signal. An ADSL-2W is
provided over a 2-Wire, non-loaded twisted copper pair provisioned using revised
resistance design guidelines and meeting ANSI Standard T1.413-1995 and AM-TR-
TMO-000123. An ADSL-2W terminates in a 2-wire electrical interface at the
Customer premises and at the Ameritech Central Office frame. ADSL technology
can only be deployed over Loops which extend less than 18 Kft from Ameritech's
Central Office. ADSL compatible Loops are available only where existing copper
facilities can meet the ANSI T1.413-1995 specifications.
"2-Wire HDSL-Compatible Loop" or "HDSL 2W" is a transmission path which
facilitates the transmission of a 768-kbps digital signal over a 2-Wire, non-
loaded twisted copper pair meeting the specifications in ANSI T1E1 Committee
Technical Report Number 28. HDSL compatible Loops are available only where
existing copper facilities can meet the T1E1 Technical Report Number 28 and AM
TR-TMO-000123 specifications.
"4-Wire HDSL-Compatible Loop" or "HDSL 4W" is a transmission path which
facilitates the transmission of a 1.544 Mbps digital signal over two 2-Wire,
non-loaded twisted copper pairs meeting the specifications in ANSI T1E1
Committee Technical Report Number 28 and AM-TR-TMO-000123. HDSL compatible
Loops are available only where existing copper facilities can meet the T1E1
Technical Report Number 28 specifications.
Sch. 9.2.1 - 1
"4-Wire 64-Kbps Digital Loop" or "4-Wire 64 Digital" is a transmission path
which supports transmission of digital signals of up to a maximum binary
information rate of 64 Kbps and terminates in a 4-Wire electrical interface at
both the Customer premises and on the MDF in Ameritech's Central Office. 4-Wire
64 Digital will be provided in accordance with the specifications, interfaces
and parameters described in AM-TR-TMO-000123.
"4-Wire 1.544-Mbps Digital Loop" or "1.544-Mbps Digital" is a transmission
path which supports transmission of digital signals of up to a maximum binary
information rate of 1.544 Mbps and terminates in a 4-Wire electrical interface
at the Customer premises and on the DSX frame in Ameritech's Central Office.
1.544-Mbps Digital will be provided in accordance with the specifications,
interfaces and parameters described in AM-TR-TMO- 00023.
Sch. 9.2.1 - 1
SCHEDULE 9.2.2
UNBUNDLED ACCESS TO NETWORK INTERFACE DEVICES
Ameritech's Network Interface Device ("NID") is a Network Element that utilizes
a cross-connect device to connect loop facilities to inside wiring.
Ameritech will permit 21/st/ Century to connect 21/st/ Century's loop to the
inside wiring of the Customer's premises through Ameritech's NID, where
necessary. 21/st/ Century must establish the connection to Ameritech's NID
through an adjoining NID, which serves as the network interface or demarcation
for 21/st/ Century's loop.
Maintenance and control of premises (inside wiring) is under the control of the
Customer. Any conflicts between service providers for access to the Customer's
inside wire must be resolved by the Customer.
SCHEDULE 9.2.3
SWITCHING CAPABILITY
1.0 Local Switching. The local switching capability of a Network Element is
defined as:
(1) line-side facilities, which include the connection between a Loop
termination at the Main Distribution Frame and a switch line card;
(2) trunk-side facilities, which include the connection between trunk
termination at a trunk-side cross-connect panel and a switch trunk card; and
(3) all features, functions, and capabilities of the switch available from
the specific port type (line-side or trunk-side port), which include:
(a) the basic switching function of connecting lines to lines, lines
to trunks, trunks to lines, and trunks to trunks, as well as the same
basic capabilities made available to Ameritech's Customers, such as a
telephone number, white page listing, dial tone and signalling;
(b) access to operator services, directory assistance and 9-1-1; and
(c) all other features that the switch provides, including custom
calling, CLASS features and Centrex, as well as any technically
feasible customized routing functions available from such switch.
2.0 Tandem Switching.
Sch. 9.2.2 - 1
2.1 The Tandem Switching Capability Network Element is defined as:
(a) an unbundled Network Element in Ameritech's Class 4 non-TOPS
digital Tandem Switches, which includes Interconnection with the trunk
at the Tandem Distribution Frame ("TDF") and the Tandem Switch trunk
ports;
(b) the basic switching function of creating a temporary transmission
path that connects 21/st/ Century's trunks to the trunks of Ameritech,
IXCs, ICOs, CMRS, and other LECs interconnected to the Tandem Switch.
2.2 Interconnecting trunk types which can be switched include FGB, FGC,
FGD and Type II. Signaling support includes Rotary, MF, and SS7 and any
signaling conversions between these signaling formats.
2.3 Variations in Tandem Switching equipment used to provide service in
specific locations may cause differences in the operation of certain features.
2.4 The unbundled Tandem Switching Network Element will provide to 21/st/
Century all available basic Tandem Switching functions and basic capabilities
that are centralized in the Tandem Switch (and not in End Office Switches),
including the following functions Ameritech makes available to its Customers:
2.4.1 Routing of calls from an inbound trunk to an outbound trunk
based on destination digits.
2.4.2 Routing of Equal Access or Operator Service calls from an
inbound trunk to an outbound trunk based on the CIC forwarded by the
inbound trunk.
2.5 Translations, screening, blocking, and route indexing are provided if
technically feasible under the standard switching translations and screening in
use in that switch. A request for translations, screening, blocking, route
indexing other than what is in use in that switch will be provided where
technically feasible as a Bona Fide Request. Ameritech will provide these
features if technically feasible and, upon agreement by 21/st/ Century to pay
the applicable recurring and non-recurring costs of developing, installing,
providing and maintaining the capability. Variations in the Tandem Switching
equipment or translation and screening used to provide service in specific
locations may cause differences in the operation of the element.
SCHEDULE 9.2.4
INTEROFFICE TRANSMISSION FACILITIES
Interoffice Transmission Facilities are Ameritech transmission facilities
dedicated to a particular Customer or carrier, or shared by more than one
Customer or carrier, that provide
Sch. 9.2.3 - 2
Telecommunications Services between Wire Centers/Switching Centers owned by
Ameritech or 21/st/ Century, or between Switches owned by Ameritech or 21/st/
Century.
1.0 Ameritech provides several varieties of unbundled Interoffice Transmission
Facilities:
1.1. Unbundled dedicated interoffice transport facility ("Dedicated
Transport") is a dedicated facility connecting two Ameritech Central Office
buildings via Ameritech transmission equipment. In each Central Office
building, 21/st/ Century will Cross-Connect this facility to its own
transmission equipment (physically or virtually) Collocated in each Wire
Center, or to other unbundled Network Elements provided by Ameritech, to
the extent the requested combination is technically feasible and is
consistent with other standards established by the FCC for the combination
of unbundled Network Elements. All applicable digital Cross-Connect,
multiplexing, and Collocation space charges apply at an additional cost.
1.2. "Unbundled dedicated entrance facility" is a dedicated facility
connecting Ameritech's transmission equipment in an Ameritech Central
Office with 21/st/ Century's transmission equipment in 21/st/ Century's
Switching Center for the purposes of providing Telecommunications Services.
1.3. Shared transport transmission facilities ("Shared Transport") are a
billing arrangement where two (2) or more carriers share the features,
functions and capabilities of transmission facilities between the same
types of locations, as described for dedicated transport in Sections 1.1
------------
and 1.2 preceding, and share the costs.
---
2.0 Ameritech shall offer Interoffice Transmission Facilities in each of the
following ways:
2.1. As a dedicated transmission path (e.g., DS1, DS3, OC3, OC12 and
----
OC48).
2.2. As a shared transmission path as described in Section 1.3 above.
-----------
2.3 Dark Fiber. 21/st/ Century may only access Ameritech's Dark Fiber
that exists at the time of 21/st/ Century's request.
2.4 Common Transport, as may be provided by Ameritech pursuant to 21/st/
Century's Bona Fide Request.
3.0 Where Dedicated Transport or Shared Transport is provided, it shall
include (as appropriate):
3.1. The transmission path at the requested speed or bit rate.
3.2. The following optional features are available, if requested by 21/st/
Century, at additional cost:
3.2.1. Clear Channel Capability per 1.544-Mbps (DS1) bit stream;
Sch. 9.2.4 - 3
3.2.2. Ameritech-provided Central Office multiplexing.
(a) DS3 to DS1 multiplexing; and
(b) DS1 to Voice/Base Rate/128-, 256-, 384-Kpbs Transport;
multiplexing
3.3. If requested by 21/st/ Century, the following are available at an
additional cost:
3.3.1. 1 + 1 Protection for OC3, OC12 and OC48;
3.3.2. 1 + 1 Protection with Cable Survivability for OC3, OC12 and
OC48;
3.3.3. 1 + 1 Protection with Route Survivability for OC3, OC12 and
OC48.
4.0 Technical Requirements. This Section sets forth technical requirements
----------------------
for all Interoffice Transmission Facilities.
4.1. When Ameritech provides Interoffice Transmission Facilities as a
circuit, the entire designated transmission facility (e.g., DS1, DS3, and
----
OC3) shall be dedicated to 21/st/ Century-designated traffic.
4.2. Ameritech shall offer Interoffice Transmission Facilities in all
then-currently available technologies, including DS1 and DS3 transport
systems, SONET Bi-directional Line Switched Rings, SONET Unidirectional
Path Switched Rings, and SONET point-to-point transport systems (including
linear add-drop systems), at all available transmission bit rates, except
subrate services, where available.
4.3. For DS1 facilities, Interoffice Transmission Facilities shall, at a
minimum, meet the performance, availability, jitter, and delay requirements
specified for Customer Interface to Central Office "CI to CO" connections
in the applicable technical references set forth under Dedicated and Shared
Transport in the Technical Reference Schedule.
4.4. For DS3 facilities, and higher rate facilities, Interoffice
Transmission Facilities shall, at a minimum, meet the performance,
availability, jitter, and delay requirements specified for Customer
Interface to Central Office "CI to CO" connections in the applicable
technical references set forth under Dedicated and Shared Transport in the
Technical Reference Schedule.
4.5. When requested by 21/st/ Century, Interoffice Transmission Facilities
shall provide physical diversity. Physical diversity means that two
circuits are provisioned in such a way that no single failure of facilities
or equipment will cause a failure on both circuits.
Sch. 9.2.4 - 4
4.6. When physical diversity is requested by 21/st/ Century, Ameritech
shall provide the maximum feasible physical separation between intra-office
and inter-office transmission paths (unless otherwise agreed by 21/st/
Century).
4.7. Any request by 21/st/ Century for diversity shall be subject to
additional charges pursuant to this Agreement and applicable tariffs.
4.8. Ameritech shall offer the following interface transmission rates for
Interoffice Transmission Facilities:
4.8.1. DS1 (Extended SuperFrame - ESF and D4);
4.8.2. DS3 (C-bit Parity and M13 shall be provided);
4.8.3. SONET standard interface rates in accordance with the
applicable ANSI technical references set forth under Dedicated and
Shared Transport in the Technical Reference Schedule.
4.9. Ameritech shall permit, to the extent technically feasible and at
applicable rates, 21/st/ Century to obtain the functionality provided by
DCS together with and separate from dedicated transport in the same manner
that Ameritech offers such capabilities to IXCs that purchase transport
services. If 21/st/ Century requests additional functionality, such
request shall be made through the Bona Fide Request process.
4.10. Upon 21/st/ Century's request, Ameritech shall provide 21/st/
Century with electronic provisioning control of an 21/st/ Century specified
Dedicated Transport through Ameritech Network Reconfiguration Service
(ANRS) on the rates, terms and conditions in F.C.C. Tariff No. 2.
SCHEDULE 9.2.5
SIGNALING NETWORKS AND CALL-RELATED DATABASES
1.0 Signaling Transfer Points. A Signaling Transfer Point (STP) is a signaling
-------------------------
network function that includes all of the capabilities provided by the signaling
transfer point switches (STPSs) and their associated signaling links which
enable the exchange of SS7 messages among and between switching elements,
database elements and signaling transfer point switches.
1.1. Technical Requirements.
1.1.1. STPs shall provide access to all other Network Elements
connected to Ameritech SS7 network. These include:
1.1.1.1. Ameritech Local Switching or Tandem Switching;
Sch. 9.2.4 - 5
1.1.1.2. Ameritech Service Control Points/Databases;
1.1.1.3. Third-party local or tandem switching systems; and
1.1.1.4. Third-party-provided STPSs.
1.1.2. The connectivity provided by STPs shall fully support the
functions of all other Network Elements connected to the Ameritech SS7
network. This explicitly includes the use of the Ameritech SS7 network
to convey messages which neither originate nor terminate at a Signaling
End Point directly connected to the Ameritech SS7 network (i.e.,
----
transient messages). When the Ameritech SS7 network is used to convey
transient messages, there shall be no alteration of the Integrated
Services Digital Network User Part (ISDNUP) or Transaction Capabilities
Application Part (TCAP) user data that constitutes the content of the
message.
1.1.3. If an Ameritech Tandem Switch routes calling traffic, based on
dialed or translated digits, on SS7 trunks between an 21/st/ Century
local switch and third-party local switch, the Ameritech SS7 network
shall convey the TCAP messages that are necessary to provide Call
Management features (Automatic Callback, Automatic Recall, and
Screening List Editing) between the 21/st/ Century local STPSs and the
STPSs that provide connectivity with the third-party local switch, even
if the third-party local switch is not directly connected to the
Ameritech STPSs, based on the routing instruction provided in each
message.
1.1.4. STPs shall provide all functions of the MTP as specified in
ANSI T1.111. This includes:
1.1.4.1. Signaling Data Link functions, as specified in ANSI
T1.111.2:
1.1.4.2. Signaling Link functions, as specified in ANSI T1.111.3;
and
1.1.4.3. Signaling Network Management functions, as specified in
ANSI T1.111.4.
1.1.5. STPs shall provide all functions of the SCCP necessary for
Class 0 (basic connectionless) service, as specified in ANSI T1.112.
In particular, this includes Global Title Translation (GTT) and SCCP
Management procedures, as specified in T1.112.4. In cases where the
destination signaling point is an Ameritech local or tandem switching
system or database, or is an 21/st/ Century or third-party local or
tandem switching system directly connected to the Ameritech SS7
network, STPs shall perform final GTT of messages to the destination
and SCCP Subsystem Management of the destination. In all other cases,
STPs shall perform intermediate GTT of messages to a gateway pair of
STPSs in an SS7 network connected with the
Sch. 9.2.5 - 6
Ameritech SS7 network, and shall not perform SCCP Subsystem Management
of the destination.
1.1.6. STPs shall also provide the capability to route SCCP messages
based on ISNI, as specified in ANSI T1.118, when this capability
becomes available on Ameritech STPSs.
1.1.7. STPs shall provide all functions of the OMAP commonly provided
by STPSs. This includes:
1.1.7.1. MTP Routing Verification Test (MRVT); and
1.1.7.2. SCCP Routing Verification Test (SRVT).
1.1.8. In cases where the destination signaling point is an Ameritech
local or tandem switching system or database, or is an 21/st/ Century
or third-party local or tandem switching system directly connected to
the Ameritech SS7 network, STPs shall perform MRVT and SRVT to the
destination signaling point. In all other cases, STPs shall perform
MRVT and SRVT to a gateway pair of STPSs in an SS7 network connected
with the Ameritech SS7 network. This requirement shall be superseded
by the specifications for Internetwork MRVT and SRVT if and when these
become approved ANSI standards and available capabilities of Ameritech
STPSs.
1.1.9. STPs shall be equal to or better than the following performance
requirements:
1.1.9.1. MTP Performance, as specified in ANSI T1.111.6; and
1.1.9.2. SCCP Performance, as specified in ANSI T1.112.5.
1.2. Signaling Link Transport.
1.2.1. Definition. Signaling Link Transport is a set of two (2) or
----------
four (4) dedicated 56-Kbps transmission paths between 21/st/ Century-
designated Signaling Points of Interconnection (SPOI) that provides
appropriate physical diversity.
Technical Requirements.
1.2.2. Signaling Link Transport shall consist of full duplex mode 56-
Kbps transmission paths.
1.2.3. Of the various options available, Signaling Link Transport
shall perform in the following two (2) ways:
Sch. 9.2.5 - 7
a) As an "A-link," which is a connection between a switch or SCP
and a Signaling Transfer Point Switch (STPS) pair; and
b) As a "D-link," which is a connection between two (2) STP mated
pairs in different company networks (e.g., between two (2) STPS
---
pairs for two Competitive Local Exchange Carriers (CLECs)).
1.2.4. Signaling Link Transport shall consist of two (2) or more
signaling link layers as follows:
a) An A-link layer shall consist of two (2) links;
b) A D-link layer shall consist of four (4) links.
1.2.5. A signaling link layer shall satisfy a performance objective
such that:
a) There shall be no more than two (2) minutes down time per year
for an A-link layer; and
b) There shall be negligible (less than two (2) seconds) down time
per year for a D-link layer.
1.2.6. A signaling link layer shall satisfy interoffice and
intraoffice diversity of facilities and equipment, such that:
a) No single failure of facilities or equipment causes the failure
of both links in an A-link layer (i.e., the links should be
----
provided on a minimum of two (2) separate physical paths end-to-
end); and
b) No two (2) concurrent failures of facilities or equipment shall
cause the failure of all four (4) links in a D-link layer (i.e.,
----
the links should be provided on a minimum of three (3) separate
physical paths end-to-end).
1.2.7. Interface Requirements. There shall be a DS1 (1.544 Mbps)
interface at the 21/st/ Century-designated SPOI. Each 56 Kbps
transmission path shall appear as a DS0 channel within the DS1
interface.
2.1. Toll-Free Database Services.
2.1.1. Call Routing Service. The Call Routing Service provides for
--------------------
the identification of the carrier to whom a call is to be routed when a
toll-free (0x000-XXX-XXXX or 0x000-XXX-XXXX) call is originated by
Customer. This function uses the dialed digits to identify the
appropriate carrier and is done by screening the full ten digits of the
dialed number. The Call Routing Service may be provided in conjunction
with a Customer's InterLATA or IntraLATA Switched Exchange Access
Service.
Sch. 9.2.5 - 8
When 800 Call-Routing service is provided, an originating call is
suspended at the first switching office equipped with a Service
Switching Point (SSP) component of the SSC/SS7 Network. The SSP
launches a query over signaling links (A-links) to the Signal Transfer
Point (STP), and from there to the SCP. The SCP returns a message
containing the identification of the carrier to whom the call should be
routed and the call is processed.
21/st/ Century's SS7 network is used to transport the query from its
End Office to the Ameritech SCP. Once 21/st/ Century's identification
is provided, 21/st/ Century may use the information to route the toll-
free traffic over its network. In these cases, Ameritech Switched
Access services are not used to deliver a call to 21/st/ Century. The
toll-free carrier ID date may not be stored for 21/st/ Century's future
use.
2.1.2. Routing Options. In addition to the toll-free service
---------------
offerings, new routing options are offered. These options are
purchased by toll-free service providers to allow their clients to
define complex routing requirements on their toll-free service. Toll-
free routing options allow the service provider's Customer to route its
toll-free calls to alternate carriers and/or destinations based on time
of day, day of week, specific dates or other criteria. These routing
options are in addition to the basic toll-free call routing
requirements which would include the toll-free number, the intraLATA
carrier, the interLATA carrier and the Area of Service (AOS).
2.1.3. Carrier Identification. 21/st/ Century may choose the 800
----------------------
Carrier Identification service to obtain toll-free number screening.
With this service, 21/st/ Century will launch a query to the Ameritech
database using its own Service Switching Points (SSPs) network. In
contrast to the Call Routing Service described in Section 2.1.1 above,
-------------
with the 800 Carrier Identification service, no routing is performed.
2.1.4. Number Administration. 21/st/ Century, at its option, may
---------------------
elect to use Ameritech's toll-free Service, which includes toll-free
Number Administration Service (NAS). With this service, Ameritech will
perform the Responsible Organization service, which involves
interacting with the national Service Management System (SMS/800), on
behalf of the Customer. Responsible Organization services include
activating, deactivating and maintaining 800/888 number records, as
well as trouble referral and clearance. If 21/st/ Century does not
select NAS, 21/st/ Century will perform the Responsible Organization
service.
2.2. LIDB Database Service.
2.2.1. The Line Information Database (LIDB) Query Response Service is
a validation database system. It enables 21/st/ Century to offer
alternately billed services to its Customers. The database provides an
efficient way to validate calling cards and toll billing exception
(TBE) (i.e., restricts a collect or third-party-
----
Sch. 9.2.5 - 9
billed call). Toll fraud protection and reduced call set-up expenses
are among the benefits of the service.
2.2.2. Billing information records include the Customer name, phone
number security personal identification numbers and third-party
acceptance indications. Prior to call completion, a query is launched
to the LIDB to determine the validity of the requested billing method.
The call is then completed or denied, based on the LIDB's response.
2.3. Local Number Portability.
2.3.1. Ameritech's provision of LNP will utilize LRN switch software
based on requirements developed by the workshop participants and
concurred in by the Commission. These requirements are fully compliant
with the principles adopted by the FCC in its First Report and Order,
CC Docket No. 95-116 (the "Number Portability Order"). The detailed
description and technical specifications for the planned LRN
implementation can be found in various documents produced by the FCC
Local Number Portability workshop.
2.3.2. Ameritech is fully prepared to provide LNP database access to
21/st/ Century. However, in adopting its Number Portability Order, the
FCC referred certain technical issues to the North American Numbering
Council (NANC) and issued a further notice addressing the recovery of
costs associated with LNP implementation. Until these activities are
concluded, Ameritech cannot finalize product descriptions and rates for
access to its LNP database. Nonetheless, Ameritech is willing to begin
discussions through the Implementation Team with 21/st/ Century to
discuss 21/st/ Century's access to Ameritech's LNP databases in lieu of
constructing 21/st/ Century's own.
2.4. Unbundled AIN Application Process.
2.4.1. The AIN architecture establishes a network infrastructure in
which subscriber services can be defined and implemented independent
from End-Office Switches. This is accomplished by a combination of SS7
signaling, interfaces between Network Elements and call-state models
through which AIN Network Elements interact.
2.4.2. Ameritech's Unbundled AIN (Advanced Intelligent Network)
Applications Access service will enable 21/st/ Century (whether it
purchases unbundled switching capabilities from Ameritech or owns its
own SSP (Service Switching Point)) to offer its Customers AIN services
without first having to deploy a full AIN infrastructure within its own
networks. Ameritech will make available existing AIN retail
applications, as well as newly created services that 21/st/ Century
creates via the Ameritech AIN Service Creation Environment (SCE) Access
service. Unbundled AIN Applications Access provides for the AIN
functionality necessary for the day-to-day ongoing call processing
associated with a specific AIN
Sch. 9.2.5 - 10
applications execution. This includes the SS7 transport and SCP
processing of the query associated with the specific service.
2.4.3. Associated with the AIN SCP is a Service Creation Environment
(SCE) and a Service Management System (SMS). Ameritech offers access
to the Ameritech SMS and SCE capabilities via two (2) AIN offerings:
AIN Service Creation Environment Access Service and AIN Service
Management System Access Service.
2.4.4. Carriers will share the common AIN infrastructure components
provided by Ameritech, such as a Service Control Point (SCP), a
Signaling Transfer Point (STP), Service Management System (SMS), and,
if 21/st/ Century purchases Unbundled Switching from Ameritech, the AIN
Service Switching Point (SSP). 21/st/ Century shall be responsible for
assuring the compatibility of its AIN SSP software generics with the
Ameritech AIN Applications and SCP software releases. Interconnection
of the 21/st/ Century SSP with the Ameritech SS7 network is required,
and can be accomplished in a number of ways.
2.4.5. Activation of the desired application at the Ameritech SCP
requires subscription by both the ordering carrier 21/st/ Century and
the end-user. In general, AIN operations require close cooperation
between Ameritech and the requesting carrier.
2.4.6. The SSP and SCP vendors provide logical capabilities which
Ameritech uses to create each AIN service. The SSP and SCP vendors
have no knowledge of the specific AIN Applications that Ameritech has
created. Ameritech's AIN deployment is based on AIN 0.1.
3.1. AIN Service Creation Environment Access Service.
Access to Ameritech's AIN service creation functionality will be provided
in a nondiscriminatory manner to 21/st/ Century to enable it to create new
AIN services on Ameritech's network. If 21/st/ Century has a new AIN
service concept, it can utilize all or some of the features below to obtain
a fully functional AIN service. Subsections 3.1.1 through 3.1.10 list the
logical steps of the AIN Service Creation Environment Access Service. When
this service is ordered by 21/st/ Century, 21/st/ Century shall be
responsible for the steps described in Subsections 3.1.1, if applicable,
and Ameritech shall, subject to 21/st/ Century's payment of applicable
charges, be responsible for the steps described in subsections 3.1.5
through 3.1.10.
3.1.1. Service Concept Description. The description of service idea
---------------------------
should detail requirements such as dialing patterns, information
exchange, announcements, voice prompts, expected service management
screens and reports, and CPE requirements.
3.1.2. Creation of Technical Specification. Translation of a new
-----------------------------------
service description into a technical specification including
engineering requirements for
Sch. 9.2.5 - 11
Ameritech's network. The technical specification must detail how the
service interacts in the network, translated in network terms, should
include any expected/anticipated feature interaction discrepancies, and
will include the process flows on how the service traverses the
network.
3.1.3. Service Logic Design. The development of service design from
--------------------
SCP perspective to include Algorithms, Data Structures and Flow
Diagrams.
3.1.4. Service Logic Coding. Development of machine logic in the SCE
--------------------
to include tables, SIBBs, and other elements as necessary.
3.1.5. Service Logic Testing. Service logic testing isolated within
---------------------
the SCE ensure accuracy of compilation and code development, and
compliance with Ameritech's AIN environment.
3.1.6. SMS Interface Requirements. Development of 21/st/ Century SMS
--------------------------
interface access including screens, flow-through interface and reports.
This is required to allow 21/st/ Century to activate, update, modify,
and administer Customer data associated with the new service.
3.1.7. Platform Access Logic Configuration. Service specific updates
-----------------------------------
to global infrastructure required to enable new service. Includes
modification of the access logic to enable a new service.
3.1.8. Service Integration Testing (SIL). Intensive laboratory
---------------------------------
testing of service in conjunction with all Ameritech Switch types and
or provider switch types and generics (as necessary) to minimize
potential feature interaction conflicts and negative network reactions.
3.1.9. Network Implementation. Conditioning of the SMS, SCP, SSP, or
----------------------
STP to accept service including network translations, signaling
connectivity, dialing plans, and coordination of provisioning process.
3.1.10. Field Testing. Comprehensive controlled testing in live
-------------
switch environment, possibly at 21/st/ Century's SSP location.
3.2. AIN Service Management System Access Service.
3.2.1. Access to Ameritech's AIN service management system
functionality will be provided in a non-discriminatory manner to 21/st/
Century to enable it to manage AIN services located wholly within
Ameritech's network (SCP & SSP) or to manage AIN services where the
service logic is located within Ameritech's SCP and the Customer is
served from 21/st/ Century's AIN compatible SSP. Upon request of
21/st/ Century, Ameritech shall provide 21/st/ Century the unbundled
AIN Applications Access service product description and a list of
existing Ameritech AIN applications.
Sch. 9.2.5 - 12
3.2.2. The Service Management System (SMS) is the administration
system for the service logic and data in the Advanced Intelligent
Network (AIN) Service Control Point (SCP). The SMS contains the master
copy of service-level, subscriber-level and subscription-level data.
The SMS also contains a copy of the service logic.
Logical access to the SMS will be managed by a set of programs designed
by Ameritech. These programs provide security for the data that
resides on the AIN platforms by allowing user access to only specific
data that is appropriate to the customer or carrier. Whether
explicitly stated in this document or not, all access to the SMS is
managed through these programs. The only exceptions to managed access
to SMS functionality are for the Ameritech Network Services
organizations that administer the AIN platforms. They require direct
access in order to appropriately administer the platforms.
Access to SMS functionality will be provided through interface programs
that will be developed for specific services. 21/st/ Century will have
access to all of the data that the service requires in order to
administer that service for its Customers. This includes service
level, subscriber level, and subscription level data, as well as any
reports and measurement data that are mutually agreed upon by Ameritech
and 21/st/ Century.
3.2.3. Service Logic. The SMS receives a copy of the service logic
-------------
and service management logic from the Service Creation Environment
(SCE) system. After population of specific network level and service
level data, the SMS downloads a view of the service logic to the
designated SCPs. The service management logic remains in the SMS to
complement SMS utilities in the monitoring and administration of a
specific service.
It is required that all of the service creation unit testing, System
Integration Lab (SIL) testing and Network Deployment Testing has been
completed.
Depending on the service, it may be necessary for 21/st/ Century to
negotiate timing and supply service specific data before that service
can be deployed in the appropriate SCPs. Ameritech, however, is
totally responsible for service logic deployment and initial SCP memory
load in its network.
3.2.4. Service Administration. Service administration involves the
----------------------
management of service-level data which the service logic requires for
its execution. SMS supports the management of service-specific common
data. Generally, any changes to the data representation of the
Ameritech network which impact one or more carrier services will be
administered by Ameritech. Other 21/st/ Century-specific or service-
specific data changes will be identified and administered by 21/st/
Century.
Sch. 9.2.5 - 13
SCHEDULE 9.2.6
OPERATIONS SUPPORT SYSTEMS FUNCTIONS
1.0 Pre-Ordering, Ordering and Provisioning. Ameritech will use the interface
described in Section 10.13.2(a) (including the separate interface used for
------------------
ordering prior to the first quarter of 1997) for the transfer and receipt of
data necessary to perform the pre-ordering, ordering, and provisioning functions
(e.g., order entry, telephone number and due date selection). However, the
----
Access Services Request (ASR) interface will be used for the transfer of
information concerning the Network Elements and Combinations which 21/st/
Century intends to order in a specific Wire Center/Switching Center ("Footprint"
or "Trunk Side Information").
2.0 Maintenance and Repair. Ameritech will use the interface described in
Section 10.13.3(a) for the transfer and receipt of data necessary to perform the
------------------
maintenance and repair functions (e.g., trouble receipt and trouble status).
----
3.0 Billing. Ameritech will provide appropriate usage data to 21/st/ Century
to facilitate Customer billing with attendant acknowledgments and status reports
and exchange information to process claims and adjustments.
SCHEDULE 9.2.7
OPERATOR SERVICES AND DIRECTORY SERVICES
1.0 Ameritech shall provide 21/st/ Century Operator Services including the
following services at parity with itself, Affiliates and subsidiaries.
1.1 Manual Call Assistance - manual call processing with operator
involvement for the following:
(a) Calling card - the Customer dials 0+ or 0- and provides operator
with calling card number for billing purposes.
(b) Collect - the Customer dials 0+ or 0- and asks the operator to
xxxx the call to the called number; provided such billing is accepted
--------
by the called number.
(c) Third number billed - the Customer dials 0+ or 0- and asks the
operator to xxxx the call to a different number than the calling or
called number.
(d) Operator assistance - providing local and intraLATA operator
assistance for the purposes of:
(1) assisting Customers requesting help in completing calls or
requesting information on how to place calls;
Sch. 9.2.6 - 1
(2) handling emergency calls;
(3) handling credits and coin telephone local refund requests; and
(4) handling person-to-person calls.
(e) Operator Transfer Service ("OTS") - calls in which the Customer
dials "0", is connected to an Ameritech operator and then requests
call routing to an IXC subscribing to OTS. The operator will key the
IXC's digit carrier identification code to route the Customer to the
requested IXC's point of termination.
(f) BLV - Service in which operator verifies a busy condition on a
line.
(g) BLVI - service in which operator, after verifying a busy line,
interrupts the call in progress.
1.2 Automated Call Assistance - mechanized call processing without
operator involvement for the following:
(a) Automated calling card service ("ACCS") - the Customer dials 0 and
a telephone number, and responds to prompts to complete the billing
information. ACCS calculates charges, relates the charge to the
Customer, and monitors coins deposited before connecting the 1 +
intraLATA or interLATA call.
(b) Automated Alternate Billing Service ("AABS") - the Customer dials
0 and a telephone number and responds to prompts to process the call
and complete the billing information (Customer branding not currently
available).
1.3 Line Information Database ("LIDB") Validation - mechanized queries to
a LIDB for billing validation.
1.4 Database Access - To the extent technically feasible, Ameritech will
provide access to databases (e.g., Operator Reference Information) used in
----
the provisioning of Operator Services via 21/st/ Century's Bona Fide
Request.
2.0 Directory Assistance. Directory Assistance ("DA") service shall consist of
the following services.
2.1 Directory Assistance - those calls in which the Customer dials digits
designated by 21/st/ Century to obtain Directory Assistance for local
numbers located within his/her local calling area.
2.2 Branding - the ability to put messages on the front end of a DA call
that is directly trunked into Ameritech's DA switch, or to choose not to
provide such a message.
Sch. 9.2.7 - 2
2.3 Information Call Completion - provides a Customer who has accessed the
DA service and has received a number from the Audio Response Unit ("ARU")
the option of having an intraLATA call completed by pressing a specific
digit on a touch tone telephone. Information Call Completion is currently
available to 21/st/ Century if it direct trunks its DA calls to Ameritech.
Upon request and to the extent technically feasible, call completion to the
requested number for local and intraLATA toll calls shall be sent to the
network specified by 21/st/ Century without the need to route through
direct trunks. 21/st/ Century shall rate and xxxx its Customers for
Information Call Completion calls.
2.4 Upon request, and through a technically feasible arrangement,
Ameritech will provide access to databases used in the provisioning of DA
via 21/st/ Century's Bona Fide Request at rates that recover Ameritech's
costs of developing, providing and maintaining the service. Such unbundled
access to the DA database shall be for the purpose of having 21/st/
Century's Telephone Exchange Service DA listing in the area placed into
Ameritech's DA database, or to enable 21/st/ Century to read DA listing in
the database that 21/st/ Century can provide a Telecommunications Service
consistent with Section 251(c)(3) of the Act.
3.0 Rate Application. Ameritech shall xxxx 21/st/ Century the applicable rates
on a monthly basis, in accordance with the following methodology:
3.1 Manual Call Assistance - operator call occurrences multiplied by the
per-call rate. Total call occurrences shall include all processed calls
whether or not they are completed.
3.2 Automated Call Assistance (ACCS and AABS) - call occurrences
multiplied by the per-call occurrence rate. Total call occurrences shall
include all processed calls, whether or not they are completed.
3.3 LIDB Validation - validation occurrences multiplied by the LIDB
validation per-occurrence rate. Total validation occurrences shall include
all validations, whether or not the call is completed. Ameritech will
accumulate operator occurrences, automated occurrences, and LIDB validation
occurrences via its Operator Services Call Analysis System ("OSCAS"). OSCAS
utilizes TOPS AMA recordings to produce monthly summaries of mechanized and
manual call occurrences.
3.4 BLV - operator call occurrences multiplied by the per-call rate. Total
call occurrences shall include all processed calls, whether or not they are
completed.
3.5 BLVI - operator call occurrences multiplied by the per-call rate.
Total call occurrences shall include all processed calls, whether or not
they are completed.
3.6 Lost Records. If Ameritech is responsible for lost, destroyed, or
mutilated TOPS AMA recordings, Ameritech will not xxxx 21/st/ Century for
those calls for which there are no records. Likewise, Ameritech shall not
be held responsible by 21/st/ Century for lost revenue. However, if within
ninety (90) days, actual data should become available, Ameritech will xxxx
21/st/ Century for those calls using actual data.
Sch. 9.2.7 - 3
SCHEDULE 9.3.4
COMBINATIONS
1. Unbundled Element Platform with Operator Services and Directory Assistance.
--------------------------------------------------------------------------
Unbundled Loop
Local Switching
Operator Services and Directory Assistance
Shared Transport
Dedicated Transport
STPs
Signaling Link Transport
Service Control Points (SCPs)/Databases
Tandem Switching
2. Loop Combination
----------------
Unbundled Loop
Network Interface Device
3. Switching Combination #1
------------------------
Shared Transport
Dedicated Transport
STPs
Signaling Link Transport
Service Control Points (SCPs)/Databases
Tandem Switching
Sch. 9.3.4 - 1
SCHEDULE 9.3.5
COMBINATIONS AVAILABLE THROUGH BONA FIDE REQUEST
1. Loop/Network Combination
------------------------
Unbundled Loop
Shared Transport
Dedicated Transport
STPs
Signaling Link Transport
Service Control Points (SCPs)/Databases
Tandem Switching
2. Switching Combination #2
------------------------
Network Interface Device
Local Switching
Shared Transport
Dedicated Transport
SS7 Message Transfer & Connection Control
Signaling Link Transport
Service Control Points (SCPs)/Databases
Tandem Switching
3. Switching Combination #3
------------------------
Network Interface Device
Local Switching
Operator Systems
Shared Transport
Dedicated Transport
SS7 Message Transfer & Connection Control
Signaling Link Transport
Service Control Points (SCPs)/Databases
Tandem Switching
4. Switched Data Services
----------------------
Network Interface Device
Local Switching
Shared Transport
Dedicated Transport
Sch. 9.3.5 - 2
Tandem Switching
5. Unbundled Element Platform Without Operator Services and Directory
------------------------------------------------------------------
Assistance
----------
Unbundled Loop
Local Switching
Shared Transport
Dedicated Transport
STPs
Signaling Link Transport
Service Control Points (SCPs)/Databases
Tandem Switching
SCHEDULE 9.5
PROVISIONING OF NETWORK ELEMENTS
1.0 General Provisioning Requirements.
----------------------------------
1.1 Subject to the terms of Article IX, 21/st/ Century may order and/or
----------
request Elements either individually or as Combinations.
The Combinations set forth on Schedule 9.3.4 and any additional Combination
--------------
provided previously hereunder by Ameritech pursuant to the Bona Fide
Request process may thereafter be identified and described by 21/st/
Century so that it can be ordered and provisioned as a Combination and
shall not require the enumeration of each Network Element within that
Combination on each provisioning order; provided that in each case 21/st/
--------
Century shall specify on each order the type of service to be provided as
well as any necessary engineering and routing characteristics (e.g.,
----
redundancy requirements and data transfer rates) 21/st/ Century requests
for such Combination.
21/st/ Century may order from Ameritech multiple individual Network
Elements on a single order without the need to have 21/st/ Century send an
order for each such Network Element if such Network Elements are (i) for a
single type of service, (ii) for a single location and (iii) for the same
account.
1.2 Ameritech shall provide provisioning services to 21/st/ Century Monday
through Friday from 8:00 a.m. to 5:00 p.m. CST. 21/st/ Century may request
Ameritech to provide Saturday, Sunday, holiday, and/or off-hour
provisioning services. If 21/st/ Century requests that Ameritech perform
provisioning services at times or on days other than as required in the
preceding sentence, Ameritech shall quote, within three (3) Business Days
of the request, a cost-based rate for such services. If 21/st/ Century
accepts Ameritech's quote, Ameritech shall perform such provisioning
services.
Sch. 9.3.5 - 3
1.3 Ameritech shall provide a Single Point of Contact (each, a "SPOC") for
ordering and provisioning contacts and order flow involved in the purchase
and provisioning of Ameritech's unbundled Network Elements or Combinations.
The SPOCs shall provide an electronic interface twenty-four (24) hours a
day, seven (7) days a week for all ordering and provisioning order flows.
Each SPOC shall also provide to 21/st/ Century a toll-free nationwide
telephone number (operational from 8:00 a.m. to 5 p.m., Monday through
Friday), which will be answered by capable staff trained to answer
questions and resolve problems in connection with the provisioning of
Network Elements or Combinations.
1.4 Ameritech shall provide to 21/st/ Century a single point of contact
(the "Unbundling Ordering Center") for ordering unbundled Network Elements.
A national toll-free number will be provided from 7:00 a.m. to 5:00 p.m.
CST, Monday through Friday. This Unbundling Ordering Center is responsible
for order acceptance, order issuance, and return of the Firm Order
Commitment ("FOC") to 21/st/ Century as specified in this Schedule 9.5.
------------
In addition, Ameritech shall provide to 21/st/ Century a single point of
contact (the "Unbundling Service Center") for all provisioning,
maintenance, repair, and cutover coordination. A national toll-free number
will be provided from 6:30 a.m. to 12:00 midnight CST Monday through
Friday. Out-of-hours maintenance questions are handled by a "Fold Down
Center."
1.5 Ameritech will recognize 21/st/ Century as the Customer of Record of
all Network Elements and agreed-to Combinations ordered by 21/st/ Century
and will send all notices, invoices and pertinent Customer information
directly to 21/st/ Century.
1.6 When requested by 21/st/ Century, Ameritech will schedule installation
appointments with Ameritech's representative on the line with 21/st/
Century's representative until 21/st/ Century has access to Ameritech's
scheduling system.
1.7 Ameritech will provide 21/st/ Century with a ("FOC") for each order
within forty-eight (48) hours of Ameritech's receipt of that order, or
within a different time interval agreed upon by the Implementation Team.
The FOC must contain an enumeration of 21/st/ Century's ordered Network
Elements or Combination features, options, physical Interconnection,
quantity, and Ameritech commitment date for order completion ("Committed
Due Date"), which commitment date shall be established on a non-
discriminatory basis with respect to installation dates for comparable
orders at such time.
1.8 Upon work completion, Ameritech will electronically provide 21/st/
Century (unless otherwise notified by 21/st/ Century) with an order
completion per order that states when that order was completed. Ameritech
shall respond with specific order detail as enumerated on the FOC and shall
state any additional charges (e.g., time and materials charges) up to a
previously agreed upon limit associated with that order.
Sch. 9.5 - 4
1.9 As soon as identified, Ameritech shall electronically provide
notification of 21/st/ Century orders that are incomplete or incorrect and
therefore cannot be processed.
1.9.1 Ameritech will perform pre-testing of Network Elements and
Combinations in accordance with Ameritech's standards. At 21/st/
Century's request, Ameritech will make available to 21/st/ Century on
a weekly batch basis any available test and turn-up results in support
of the Network Elements or Combinations ordered by 21/st/ Century.
21/st/ Century shall be responsible for any costs, as determined in
accordance with the Act, incurred by Ameritech to provide copies of
any available results. If 21/st/ Century requests Ameritech to
provide 21/st/ Century with any test or turn-up results which
Ameritech does not then generate, 21/st/ Century shall request such
results through the Bona Fide Request process.
1.10 As soon as identified, Ameritech shall provide notification
electronically of any instances when Ameritech's Committed Due Dates are in
jeopardy of not being met by Ameritech on any element or feature contained
in any order for Network Elements or Combinations. Ameritech shall indicate
its new committed due date as soon as such date is available.
1.10.1 Within twenty-four (24) hours of 21/st/ Century's request,
Ameritech will perform cooperative testing with 21/st/ Century
(including troubleshooting to isolate any problems) to test Network
Elements or Combinations purchased by 21/st/ Century in order to
identify any performance problems.
1.11 Subject to Article IX, Network Elements and Combinations will be
----------
provisioned with a combination of customer-specific and bulk orders, as
specified by 21/st/ Century.
1.11.1 When 21/st/ Century orders Network Elements or Combinations
that provide the same functionality as a bundled (resold) service, and
which are currently interconnected and functional and remain
interconnected to the same adjacent Network Elements, such Network
Elements and Combinations will remain interconnected and functional
without any disconnection or disruption of functionality. There shall
be no charge for such interconnection, except for any applicable
service charge.
1.12 Ameritech shall provide to 21/st/ Century upon request:
(a) a list of all services and features technically available from
each switch that Ameritech may use to provide Local Switching,
including whether the switch has the capability of supporting Inter-
and IntraLATA PICs by switch CLLI;
(b) a listing by street address detail, of the service coverage area
of each switch CLLI;
(c) when available, all engineering design and layout information for
each Network Element and Combination; provided that 21/st/ Century
--------
shall pay
Sch. 9.5 - 5
Ameritech for the costs, as determined in accordance with
the Act, incurred by Ameritech to provide 21/st/ Century with copies
of such information;
(d) a listing of all technically available functionalities for each
Network Element or Combination; and
(e) advanced information on the details and requirement for planning
and implementation of NPA splits.
1.13 Promptly after the Effective Date/1/, Ameritech shall provide 21/st/
---
Century an initial electronic copy of the following information:
(a) Street address verification;
(b) Switch identification by service address; and
(c) Switch feature verification.
Electronic updates to such information shall be provided monthly to 21/st/
Century as changes are made to such information.
1.14 For order of Network Elements (and INP with the Installation of a
Loop) that require coordination among Ameritech, 21/st/ Century and 21/st/
Century's Customer, 21/st/ Century shall be responsible for any necessary
coordination with the 21/st/ Century Customer.
1.15 Provided 21/st/ Century has appropriate Documentation of
Authorization, Ameritech shall recognize 21/st/ Century as an agent for the
subscriber in coordinating the disconnection of services provided by
another CLEC or Ameritech.
1.16 Order Rejections
Ameritech shall reject and return to 21/st/ Century any order that
Ameritech cannot provision, and in its reject notification provide an error
code identifying the reasons for which the order was rejected.
1.17 Service Order Changes
1.17.1 If an installation or other 21/st/ Century-ordered work
requires a change from the original 21/st/ Century service order in any
manner, Ameritech shall call 21/st/ Century in advance of performing the
installation or other work to obtain authorization. Ameritech shall then
provide 21/st/ Century an estimate of additional labor hours and/or
-------------------------
/1/ Because the terms of this Agreement are the result of 21/st/ Century's
adoption under Section 252(i) of the Act of the MCI Agreement, the Parties
agree that the term "Effective Date", for purposes of this Section 1.13 of
------------
Schedule 9.5, shall mean May 19, 1999.
------------
Sch. 9.5 - 6
materials. After all installation or other work is completed, Ameritech
shall notify 21/st/ Century of actual labor hours and/or materials used in
accordance with regular service order completion schedules.
1.17.2 If an 21/st/ Century Customer requests a service change at the
time of installation or other work being performed by Ameritech on
behalf of 21/st/ Century, Ameritech, while at the Customer premises,
shall direct the 21/st/ Century Customer to contact 21/st/ Century so
as to avoid unnecessary delays in service activation should the
Ameritech representative leave the Customer premises.
2.0 Unbundled Local Loop Transmission
2.1 Access to Unbundled Local Loops.
-------------------------------
2.1.1 21/st/ Century shall access Ameritech's Unbundled Local Loops
via Collocation or in accordance with Article IX of this Agreement at
----------
the Ameritech Wire Center where that element exists and each Loop
shall be delivered to 21/st/ Century's Collocation by means of a
Cross-Connection, which shall be an additional charge.
2.1.2 Ameritech shall provide 21/st/ Century access to its unbundled
Loops at each of Ameritech's Wire Centers. In addition, if 21/st/
Century requests one or more Loops serviced by Integrated Digital Loop
Carrier or Remote Switching technology deployed as a Loop
concentrator, Ameritech shall, where available, move the requested
Loop(s) to a spare, existing physical Loop at no charge to 21/st/
Century. If, however, no spare physical Loop is available, Ameritech
shall within forty-eight (48) hours of 21/st/ Century's request notify
21/st/ Century of the lack of available facilities. 21/st/ Century
may then at its discretion make a Bona Fide Request for Ameritech to
provide the unbundled Loop through the demultiplexing of the
integrated digitized Loop(s). Notwithstanding anything to the
contrary in this Agreement, the provisioning intervals set forth in
Section 2.2.2 of this Schedule and the Ameritech Network Element
-------------
Performance Benchmarks set forth in Schedule 9.10 of this Agreement
-------------
shall not apply to unbundled Loops provided under this Section 2.1.2.
-------------
2.1.3 If 21/st/ Century orders a Loop type and the distance requested
on such Loop exceeds the transmission characteristics as referenced in
the corresponding Technical Reference specified below, distance
extensions may be requested where technically feasible to meet the
specification using such distance extensions and additional rates and
charges shall apply as set forth at Item V of the Pricing Schedule.
==============================================================================================
Loop Type Technical Reference/Limitation
----------------------------------------------------------------------------------------------
Electronic Key Line 2.5 miles
----------------------------------------------------------------------------------------------
ISDN Bellcore TA-NWT-000393
----------------------------------------------------------------------------------------------
Sch. 9.5 - 7
----------------------------------------------------------------------------------------------
HDSL 2W T1E1 Technical Report Number 28
----------------------------------------------------------------------------------------------
HDSL 4W T1E1 Technical Report Number 28
----------------------------------------------------------------------------------------------
ADSL 2W ANSI T1.413-1995 Specification
==============================================================================================
2.2 Provisioning of Unbundled Loops.
--------------------------------
The following coordination procedures shall apply for conversions of
"live" Telephone Exchange Services to unbundled Network Elements:
2.2.1 21/st/ Century shall request unbundled Loops from Ameritech by
delivering to Ameritech a valid electronic transmittal service order
(a "Service Order") using the electronic interface described in
Schedule 9.2.6. Within forty-eight (48) hours of Ameritech's receipt
--------------
of a Service Order, Ameritech shall provide 21/st/ Century the FOC
date according to the applicable Ameritech Network Element Performance
Benchmarks set forth in Section 9.10 of this Agreement by which the
------------
Loop(s) covered by such Service Order will be installed.
2.2.2 Ameritech shall provision unbundled Loops in accordance with
the time frames set forth on Schedule 9.10 or within such other
-------------
intervals as agreed upon by the Parties.
2.2.3 Ameritech agrees to coordinate with 21/st/ Century at least
forty-eight (48) hours prior to the due date a scheduled conversion
date and time (the "Scheduled Conversion Time") within a three (3)
hour period (the "Loop Conversion Window").
2.2.4 Not less than one (1) hour prior to the Scheduled Conversion
Time, either Party may contact the other Party and unilaterally
designate a new Scheduled Conversion Time (the "New Conversion Time").
If the New Conversion Time is within the Loop Conversion Window, no
charges shall be assessed on or waived by either Party. If, however,
the New Conversion Time is outside of the Loop Conversion Window, the
Party requesting such New Conversion Time shall be subject to the
following:
If Ameritech requests the New Conversion Time, the applicable Line
Connection Charge shall be waived; and
If 21/st/ Century requests the New Conversion Time, 21/st/ Century
shall be assessed a Line Connection Charge in addition to the Line
Connection Charge that will be incurred for the New Conversion Time.
2.2.5 Except as otherwise agreed by the Parties for a specific
conversion, the Parties agree that the time interval expected from
disconnection of "live" Telephone Exchange Service to the connection
of an unbundled Network Element at the 21/st/ Century Collocation
interface point will be thirty (30) minutes or less.
SCH. 9.5 - 8
If a conversion interval exceeds thirty (30) minutes and such delay is
caused solely by Ameritech (and not by a 21/st/ Century contributing
Delaying Event), Ameritech shall waive the applicable Line Connection
Charge for such element. If 21/st/ Century has ordered INP with the
installation of a Loop, Ameritech will coordinate the implementation
of INP with the Loop conversion during the thirty (30)-minute interval
at no additional charge.
2.2.6 Requests for maintenance or repair of unbundled Loops are
initiated using the industry standard "electronic bonding" interface
(EBI) and are handled by the Ameritech Unbundling Service Center
("USC"). The USC works with local Ameritech personnel to perform any
manual testing that may be required to isolate the trouble.
2.2.7 Ameritech shall test for 21/st/ Century dial tone ("Dial Tone
Test") at Ameritech's MDF for 21/st/ Century's Virtual Collocated
Equipment or Physical Collocated equipment during a window not greater
than forty-eight (48) hours but not less than eight (8) hours prior to
the Scheduled Conversion Time (or New Scheduled Time, as applicable).
Ameritech shall perform the Dial Tone Test at no charge until the end
of Contract Year One (1)./1/ Thereafter, Ameritech shall charge
---
21/st/ Century for Dial Tone Test based on the mutual agreement of the
Parties.
3.0 Network Interface Device Capability.
3.1 Ameritech will provide 21/st/ Century access to NIDs in a manner that
will permit 21/st/ Century to connect its loop facilities to the Customer's
inside wiring through Ameritech's NID, as required. 21/st/ Century shall
establish this connection through an adjoining NID provided by 21/st/
Century.
3.2 Due to the wide variety of NIDs utilized by Ameritech (based on
Customer size and environmental considerations), 21/st/ Century may access
the Customer's inside wire by any of the following means:
(a) Where an adequate length of inside wire is present and
environmental conditions permit, 21/st/ Century may remove the inside
wire from Ameritech's NID and connect that wire to 21/st/ Century's
NID;
(b) Enter the Customer access chamber or "side" of "dual chamber" NID
enclosures for the purpose of extending a connecterized or spliced
jumper wire from the inside wire through a suitable "punch-out" hole
of such NID enclosures;
---------------------------
/1/ Because the terms of this Agreement are the result of 21/st/ Century's
adoption under Section 252(i) of the Act of the MCI Agreement, the
Parties agree that the term "Contract Year One (1)", for purposes of
this Schedule 9.5, shall expire on May 31, 1998.
------------
Sch. 9.5 - 9
(c) Enter Ameritech's loop terminal enclosure located at a multiple
dwelling unit ("MDU") for the purpose of accessing Customer premises
inside wire and extending such wire to 21/st/ Century's own adjoining
NID; or
(d) Request Ameritech to make other rearrangements to the inside wire
terminations or terminal enclosure on a time and materials cost basis
to be charged to the requesting party (i.e., 21/st/ Century, its
----
agent, the building owner or the Customer).
3.3 If 21/st/ Century accesses the Customer's inside wire as described in
Section 2.2(d), the time and materials charges will be billed to the
--------------
requesting party (i.e., 21/st/ Century, the building owner or the
----
Customer).
3.4 In no case shall 21/st/ Century remove or disconnect Ameritech's loop
facilities from Ameritech's NIDs, enclosures, or protectors.
3.5 In no case shall 21/st/ Century remove or disconnect ground wires from
Ameritech's NIDs, enclosures, or protectors.
3.6 Maintenance and control of premises wiring (inside wire) is the
responsibility of the Customer. Any conflicts between service providers
for access to the Customer's inside wire must be resolved by the Customer.
3.7 Due to the wide variety of NID enclosures and outside plant
environments, Ameritech will work with 21/st/ Century to develop specific
procedures to establish the most effective means of implementing this
Section 3.0.
-----------
4.0 Unbundled Local Switching
4.1 Access to Unbundled Local Switching.
-----------------------------------
4.1.1 21/st/ Century shall access Ameritech's Unbundled Local
Switching via Collocation or in accordance with Article IX of this
----------
Agreement at the Ameritech Wire Center where that element exists and
each line-side and/or trunk-side port will be delivered to 21/st/
Century by means of a Cross-Connection, which shall be an additional
charge.
4.1.2 Ameritech shall provide 21/st/ Century access to its Unbundled
Local Switching at each of Ameritech's Wire Centers and will provide
21/st/ Century (i) all available basic local switching functions and
basic capabilities that the switch provides or (ii) for which
Ameritech Operations Support Systems functions are capable of
provisioning pursuant to a Bona Fide Request.
4.1.3 Unbundled Local Switching also provides access to additional
features and capabilities that the switch has available for
activation. 21/st/ Century has the
Sch. 9.5 - 10
capability of activating these features on a line-by-line basis via an
electronic interface. The additional features available for activation
on the basic Unbundled Local Switching include:
(a) vertical features;
(b) Custom Calling, Custom Local Area Signaling Service features
("CLASS") features; and
(c) Centrex features.
4.1.4 Other basic and/or additional capabilities, functions and
features that the switch is capable of providing, but which Ameritech
does not currently provide, may be requested as optional special
capabilities. Ameritech will provide these special capabilities if
technically feasible and upon 21/st/ Century's Bona Fide Request.
21/st/ Century will pay the applicable recurring and nonrecurring
costs of developing, installing, providing and maintaining the
requested capability.
4.1.5 Ameritech will also, upon 21/st/ Century's Bona Fide Request,
provide any technically feasible customized local routing of traffic
through Unbundled Local Switching, by class of call (e.g., operator,
----
directory assistance, 9-1-1, toll, local, etc.). Ameritech will
develop and provide any requested customized routing the switch is
capable of providing upon agreement by 21/st/ Century to pay recurring
and non-recurring costs of developing, installing, updating, providing
and maintaining such custom routing.
4.1.6 Ameritech provides, on an optional basis, the ability to
connect line-side ports and/or trunk-side ports within the same switch
with a group of common attributes. An example is a request for
Unbundled Local Switching to provide a Centrex service with intercom
calling within the system and with certain common features. The
attributes available include intercom calling, group call pick-up, and
Automatic Route Selection (ARS). Intercom calling is defined as the
ability of the line-side ports to call one another by dialing 3-7
digits. Group call pick-up is defined as allowing one line-side port
to answer a call directed to another line-side port in the same call
pick-up group. ARS is defined as the ability to route calls to a
specific group of trunk-side ports.
4.1.7 Normally, Ameritech will switch traffic through its local
switching element in accordance with Ameritech standard switching
translations and screening in use in that switch. The custom routing
optional feature enables 21/st/ Century to specify special routing, by
class of call, of some or all traffic coming into its unbundled local
switch using any technically feasible routing capability of that
switch. Variations in the End-Office switching equipment used to
provide service in specific locations may cause differences in the
operation of certain features. Special routing capabilities that are
not otherwise available (i.e., features that the switch is capable of
----
providing) will be developed on an individual-case basis through the
Bona Fide Request process and will be installed, updated, maintained
and provided following 21/st/ Century's agreement to pay the
applicable costs.
Sch. 9.5 - 11
4.2 Provisioning of Unbundled Local Switching.
-----------------------------------------
The following coordination procedures shall apply for conversions of
"live" Telephone Exchange Services to unbundled Network Elements:
4.2.1 21/st/ Century shall request Unbundled Local Switching from
Ameritech by delivering to Ameritech a valid electronic transmittal
service order (a "Service Order") using the electronic interface
described on Schedule 9.2.6. In addition, pre-ordering functions are
--------------
supported via electronic data interchange (EDI) format as utilized for
Resale Services. Within forty-eight (48) hours of Ameritech's receipt
of a Service Order, Ameritech shall provide 21/st/ Century the FOC
date by which the Unbundled Local Switching ports covered by such
Service Order will be installed.
Where connection of the Unbundled Local Switching port(s) to
customized routing is required by 21/st/ Century, the specific custom
routing pattern desired must already exist. In those instances where
the custom routing pattern does not already exist, 21/st/ Century may
request the development and establishment of such custom routing
pattern via a Bona Fide Request. While the custom routing pattern is
being developed, 21/st/ Century may do one of the following: (a) defer
activation of the Unbundled Local Switching port until the routing
pattern is established, (b) offer the Customer resale on an interim
basis, or (c) convert the existing basic office routing pattern. If
21/st/ Century elects option (c) and later desires to convert the
Unbundled Local Switching port using Ameritech's office routing
pattern to a customized routing pattern, an additional Line Connection
Charge will apply.
4.2.2 Ameritech agrees to coordinate with 21/st/ Century at least
forty-eight hours prior to the due date a scheduled conversion date
and time (the "Scheduled Conversion Time") in the "A.M." (12:00
midnight to 12:00 noon) or "P.M." (12:00 noon to 12:00 midnight) (as
applicable, the "LS Conversion Window").
For subscriber conversions requiring coordinated cut-over activities, on a
per-order basis, Ameritech and 21/st/ Century will agree on a scheduled
conversion time, which will be on a designated date.
4.2.3 Not less than one (1) hour prior to the Scheduled Conversion
Time, either Party may contact the other Party and unilaterally
designate a new Scheduled Conversion Time (the "New Conversion Time").
If the New Conversion Time is within the LS Conversion Window, no
charges shall be assessed on or waived by either Party. If, however,
the New Conversion Time is outside of the LS Conversion Window, the
Party requesting such New Conversion Time shall be subject to the
following:
Sch. 9.5 - 12
If Ameritech requests the New Conversion Time, the applicable Line
Connection Charge shall be waived; and
If 21/st/ Century requests the New Conversion Time, 21/st/ Century
shall be assessed a Line Connection Charge in addition to the Line
Connection Charge that will be incurred for the New Conversion Time.
Ameritech will notify 21/st/ Century when conversion is complete.
4.2.4 Except as otherwise agreed by the Parties for a specific
conversion, the Parties agree that the time interval expected from
disconnection of "live" Telephone Exchange Service to the connection
of an unbundled Network Element at the 21/st/ Century Collocation
interface point will be thirty (30) minutes or less. If a conversion
interval exceeds thirty (30) minutes and such delay is caused solely
by Ameritech (and not by an 21/st/ Century contributing Delaying
Event), Ameritech shall waive the applicable Line Connection Charge
for such element.
If 21/st/ Century has ordered INP with the installation of a Loop,
Ameritech will coordinate the implementation of INP with the Loop
conversion during the thirty (30)-minute interval at no additional
coordination charge (other than the applicable standard service order
and line connection charges).
Ameritech shall provide 21/st/ Century the functionality of blocking
calls (e.g., 900, 976 international calls) by line or trunk on an
----
individual switching element basis.
4.2.5 When ordering a Local Switching Element, 21/st/ Century may
order from Ameritech separate interLATA and intraLATA capabilities
(i.e., 2 PICs where available) on a line basis.
-----
4.2.6 Unless otherwise directed by 21/st/ Century, and to the extent
technically feasible, when 21/st/ Century orders a Network Element or
Combination, all pre-assigned trunk or telephone numbers currently
associated with that Network Element or Combination shall be retained
without loss of feature capability.
4.3 Tandem Switching.
----------------
4.3.1 Tandem Switching creates a temporary transmission path between
interoffice trunks that are interconnected at a switch for the purpose
of routing a call or calls. Unbundled Tandem Switching is ordered
using electronic interfaces. Trunk side ports are ordered using the
Access Service Request ("ASR"), which provides for electronic ordering
based on industry standards adopted through OBF. ASR is the process
used as of the Effective Date to order Exchange Access Services. Both
pre-ordering and ordering functions and access to associated
Operations Support Systems functions are supported electronically
through these interfaces.
Sch. 9.5 - 13
4.3.2 Ameritech will service, operate, and maintain the unbundled
Tandem Switching for 21/st/ Century at parity with the service,
operation, and maintenance Ameritech provides to itself, its
subsidiaries, Affiliates and any other person. Unless requested
otherwise, where applicable and technically feasible, Ameritech will
provide unbundled Tandem Switching using the same specifications,
interfaces, parameters, intervals, procedures and practices it uses to
provide comparable Tandem Switching for all other Customers and
carriers. Any feature or function existing in the Tandem Switch will
be provided to 21/st/ Century on a non-discriminatory basis.
Congestion control and overflow routing will be provided on a non-
discriminatory basis.
4.3.3 Tandem Switching performance will be measured to ensure parity
with all other Telecommunications Carriers that are interconnected
with Ameritech. Performance will be measured on switching, call
recording, and network management controls.
4.3.4 Switch downtime will be measured through FCC reportable
incidents report. CPI Index will be measured through calls blocked
and customer out of service incidents.
4.3.5 Electronic Billing Accuracy Centers (EBAC) measures billing
errors from the CABS error hold file report. Ameritech employs
RAVE/A&T, which enables on-line investigation of AMA volumes and will
alert EBAC to possible AMA recording failures.
4.3.6 Congestion Control and overflow criteria are set by the use of
NTMOS Surveillance system which polls EDAS and NMA data on call
volumes and make-busy standards. Ameritech sets automatic thresholds
with preplan routing and overflow selection. The system is also
monitored via a manual surveillance system early recognition of
performance problems.
5.0 Interoffice Transmission Facilities.
Ameritech shall:
5.1 Provide 21/st/ Century exclusive use of Interoffice Transmission
Facilities dedicated to 21/st/ Century, or use of the features, functions,
and capabilities of Interoffice Transmission Facilities shared by more than
one Customer or carrier, including 21/st/ Century;
5.2 Provide all technically feasible transmission facilities, features,
functions, and capabilities that 21/st/ Century could use to provide
Telecommunications Services;
5.3 Permit, to the extent technically feasible, 21/st/ Century to connect
such interoffice facilities to equipment designated by 21/st/ Century,
including 21/st/ Century's Collocated facilities; and
Sch. 9.5 - 14
5.4 Permit, to the extent technically feasible, 21/st/ Century to obtain
the functionality provided by Ameritech's digital cross-connect systems
separate from dedicated transport.
6.0 Signaling Networks and Call-Related Databases
6.1 Signaling Networks.
------------------
6.1.1 If 21/st/ Century purchases Switching Capability from
Ameritech, Ameritech shall provide access to its signaling network
from that switch in the same manner in which Ameritech obtains access
to such switch itself. In addition, Ameritech shall provide 21/st/
Century access to Ameritech's signaling network for each of 21/st/
Century's switches when 21/st/ Century uses its own switching
facilities. This connection shall be made in the same manner as
Ameritech connects one of its own switches to an STP. Notwithstanding
the foregoing, Ameritech shall not be required to unbundle those
signaling links that connect Service Control Points to STPs or to
permit 21/st/ Century to link its own STPs directly to Ameritech's
switch- or call-related databases.
6.1.2 If 21/st/ Century has its own switching facilities, Ameritech
shall provide 21/st/ Century access to STPs to each of 21/st/
Century's switches, in the same manner in which Ameritech connects one
of its own switches to an STP, or in any other technically feasible
manner (e.g., bringing an "A" link from 21/st/ Century's switch to
----
21/st/ Century's STP, or linking 21/st/ Century's switch to its own
STP and then connecting that STP to 21/st/ Century's STP via a "B" or
"D" link); provided that Ameritech shall not be required to (i)
--------
unbundle the signaling link connecting SCPs to STPs, (ii) permit
direct linkage of 21/st/ Century's own STPs to 21/st/ Century's
switch- or call-related databases or (iii) unbundle an SCP from its
associated STP.
6.1.3 The Parties shall agree upon appropriate mediation facilities
and arrangements for the Interconnection of their signaling networks
and facilities, as necessary to adequately safeguard against
intentional and unintentional misuse of the signaling networks and
facilities of each Party. Such arrangements shall provide at a
minimum:
. Certification that 21/st/ Century's switch is compatible with
Ameritech's SS7 network;
. Certification that 21/st/ Century's switch is compatible with
Ameritech's AIN SCP;
. Certification that 21/st/ Century's switch is compatible with a
desired AIN application residing on Ameritech's SCP;
Sch. 9.5 - 15
. Agreement on procedures for handling maintenance and
troubleshooting related to AIN services;
. Usage of forecasts provided by 21/st/ Century, so that Ameritech
can provide sufficient SS7 resources for 21/st/ Century and all
other requesting carriers;
. Mechanisms to control signaling traffic at agreed-upon levels, so
that Ameritech's SS7 resources can be fairly shared by all
requesting carriers;
. Mechanisms to restrict signaling traffic during testing and
certification, as necessary to minimize risks to the service
quality experienced by Customers served by Ameritech's network
and those of other carriers while compatibility and
interconnection items are verified; and
. Mechanisms to ensure protection of the confidentiality of
Proprietary Information of both carriers and Customers.
6.2 Call-Related Databases.
----------------------
6.2.1 For purposes of switch query and database response through a
signaling network, Ameritech shall provide 21/st/ Century access to
its call-related databases, including the Line Information Database,
Toll-Free Calling database, downstream number portability databases,
and Advanced Intelligent Network databases by means of physical access
at the STP linked to the unbundled database.
6.2.2 If 21/st/ Century purchases Unbundled Local Switching, 21/st/
Century may, upon request, use Ameritech's SCP in the same manner, and
via the same signaling links, as Ameritech. If 21/st/ Century has
deployed its own switch, and has linked that switch to Ameritech's
signaling system, 21/st/ Century shall be given access to Ameritech's
SCP in a manner that allows 21/st/ Century to provide any call-
related, database-supported services to Customers served by 21/st/
Century's switch. If the Implementation Team is unable to agree in
the Implementation Plan to appropriate mediation mechanisms with
respect to access to the AIN SCPs, the Parties shall adopt the
mechanisms adopted by the Commission. Ameritech shall provide 21/st/
Century access to call-related databases in a manner that complies
with the CPNI requirements of Section 222 of the Act.
6.2.3 The Parties shall agree upon appropriate mediation facilities
arrangements for the Interconnection of their signaling networks,
databases, and associated facilities, as necessary to adequately
safeguard against intentional and unintentional misuse of the
signaling networks and facilities of each Party. Such arrangements
shall provide for at a minimum:
. Capabilities to protect each Party's information;
Sch. 9.5 - 16
. Agreements on handling maintenance and troubleshooting related to
AIN services;
. Usage forecasts provided by 21/st/ Century so that Ameritech can
provide sufficient resources for other requesting carriers, and
capabilities to ensure that the Parties abide by such forecasts;
. Procedures to ensure, prior to deployment, that each service will
properly operate within Ameritech's network;
. Procedures to verify proper deployment of each service in the
network; and
. Mechanisms to ensure protection of the confidentiality of
proprietary information of both carriers and customers.
6.3 Service Management Systems.
--------------------------
6.3.1 Ameritech shall provide 21/st/ Century with the information
necessary to enter correctly, or format for entry, the information
relevant for input into Ameritech's Service Management System ("SMS").
In addition, Ameritech shall provide 21/st/ Century equivalent access
to design, create, test, and deploy Advanced Intelligent Network-based
services at the SMS.
6.3.2 Ameritech shall provide 21/st/ Century with the information
necessary to enter correctly, or format for entry, the information
relevant for input into its SMS. Access will be provided in an
equivalent manner to that which Ameritech currently uses to provide
such access to itself (e.g., submitting magnetic tapes if 21/st/
----
Century inputs magnetic tapes, or through an electronic interface
equivalent to that used by 21/st/ Century). The Implementation Team
shall set forth in the Implementation Plan the terms and conditions
relating to such access. If the Implementation Team is unable to
agree to appropriate mediation mechanisms with respect to access to
the AIN SMSs and SCEs, the Parties shall adopt the mechanisms adopted
by the Commission.
6.3.3 Ameritech shall provide access to its SMS in a manner that
complies with the CPNI requirements of Section 222 of the Act.
7.0 Operations Support Systems Functions
7.1 Ameritech shall provide 21/st/ Century access to Operations Support
Systems functions on or before the dates set forth on the Implementation
Schedule.
7.2 Ameritech shall also provide 21/st/ Century access to the
functionality of any internal gateway systems Ameritech employs in
performing the above-listed OSS functions for its own Customers. A
"gateway system" means any electronic interface
Sch. 9.5 - 17
Ameritech has created for its own use in accessing support systems for
providing any of the above-listed OSS functions.
8.0 Operator Services and Directory Services.
8.1 Ameritech shall provide 21/st/ Century access to Ameritech's Operator
Service and Directory Assistance facilities where technically feasible.
8.2 Ameritech shall provide unbundled Operator Services ("OS") and
Directory Assistance ("DA") to 21/st/ Century in conjunction with Telephone
Exchange Service provided to 21/st/ Century as a purchaser of Resale
Services and as an Unbundled Local Switching Network Element or directly as
a separate Network Element. A list identifying the NPA/Exchange areas of
Ameritech Directory Assistance, and dependent Information Call Completion
services will be provided to 21/st/ Century and will be updated as such DA
services are provided in additional NPA/Exchange Areas.
8.3 As a facilities-based provider, 21/st/ Century will obtain any
required custom routing and obtain or provide the necessary direct trunking
and termination facilities to the mutually agreed-upon meet point with
Ameritech facilities for access to unbundled OS and DA services. 21/st/
Century is responsible for delivering its OS and DA traffic to Ameritech's
operator service switch. Specifically, 21/st/ Century shall deliver its
traffic direct from the End Office to the operator service switch location,
and there can be no Tandem Switching for OS. The operator service location
to which 21/st/ Century will deliver its OS or DA traffic will be
determined by Ameritech based on the existing capacity of its service
centers. Ameritech will, if technically feasible, enable 21/st/ Century to
deliver its OS or DA traffic to the operator service switch most closely
located to the 21/st/ Century's NPA/exchange originating the call.
8.4 Ameritech will provide and maintain the equipment at its OS and DA
centers necessary to perform the services under this Agreement, with the
goal of ensuring that the OS and DA service meets current industry
standards.
8.5 Ameritech will provide OS and DA in accordance with its then-current
internal operating procedures and/or standards.
8.6 Ameritech will maintain a quality of service that will satisfy the
standards, if any, established by the Commission having jurisdiction over
the provision of such service. 21/st/ Century has the right, once
annually, to visit each Ameritech-owned or -subcontracted office upon
reasonable notice to Ameritech or with greater frequency by mutual consent
of the Parties. Upon request, Ameritech will provide monthly system
results, including speed-of-answer, average work time and, for DA only, and
abandon-from-queue measurements.
8.7 21/st/ Century is solely responsible for providing all equipment and
facilities to deliver OS and DA traffic to the point of Interconnection
with Ameritech facilities.
Sch. 9.5 - 18
8.8 21/st/ Century will provide and maintain the equipment at its offices
necessary to permit Ameritech to perform its services in accordance with
the equipment operations and traffic operations which are in effect in
Ameritech's DA and OS offices. 21/st/ Century will locate, construct, and
maintain its facilities to afford reasonable protection against hazard and
interference.
8.9 Upon request and to the extent technically feasible, Ameritech will
unbundle OS and DA from resellers of its Telephone Exchange Service, and
for 21/st/ Century, so 21/st/ Century can provide its own OS or DA service
or obtain it from a third party. 21/st/ Century will acquire any required
custom routing and arrange for or provide other facilities, services and
Network Elements necessary to deliver its OS and DA traffic to Ameritech's
designated office, or to the office of another provider, as applicable.
8.10 Upon request, and as technically feasible, Ameritech will provide,
through an electronic interface, unbundled access to its databases used to
provide DA and OS for purposes of enabling 21/st/ Century to provide its
own OS or DA service, or as otherwise authorized by the FCC or the
Commission. Such unbundled access to DA and OS databases is provided as is
technically feasible based upon the facilities, equipment and software
involved, and upon agreement by 21/st/ Century to pay to Ameritech its
costs as defined in the Act of developing, installing, providing and
maintaining such Network Element.
8.11 The Parties shall provide DA data in a form mutually agreed upon by
the Parties.
8.11.1 If available, DA data shall specify whether the subscriber is
a residential, business, or government subscriber and shall include,
if available, all levels of indentation and all levels of
information.
8.12 Specifically, upon request, Ameritech will provide, through an
electronic interface, unbundled access to its DA database to permit 21/st/
Century to have its local exchange directory assistance listings in the
areas incorporated into the database, and/or to read the DA listing (with
the exception of a non-published listing) in that database for the purpose
of providing its own DA service. Such unbundled access will be provided in
a technically feasible manner based upon the facilities, equipment and
software involved, and upon agreement by 21/st/ Century to pay to Ameritech
its costs as defined in the Act of developing, installing, providing and
maintaining such network element.
8.13 Access of resellers and 21/st/ Century to DA and OS of Ameritech, and
the DA and OS Network Elements provided hereunder, whether provided on a
bundled or unbundled basis, will, as applicable and as feasible, be
provided through the standard interfaces, parameters, intervals, service
descriptions, protocols, procedures, practices and methods that Ameritech
provides to all Ameritech end-user customers of its DA and OS services.
Upon request, Ameritech will, as technically feasible, provide a different
quality of service, upon agreement by 21/st/ Century to pay to Ameritech
its costs of developing, installing, maintaining and repairing access to
and provision of the Network Element at such quality of service.
Sch. 9.5 - 19
8.14 21/st/ Century will furnish to Ameritech all information necessary
for provision of OS and DA. This information, to the extent it is
identified as such, shall be treated as Proprietary Information. For OS
this information includes emergency agency phone numbers, rate information
(such as mileage bands and operator surcharge information), and originating
screening information. 21/st/ Century will furnish to Ameritech all
information necessary for provision of OS and DA.
8.14.1 To the extent that 21/st/ Century does not mirror Ameritech's
operator surcharge rates, then Ameritech will, if technically
feasible, enter 21/st/ Century's surcharge rates into Ameritech's
rate tables, and will charge 21/st/ Century for changing those tables
at the rates then charged by Ameritech for such service.
8.14.2 For DA services, 21/st/ Century will furnish Ameritech,
ninety (90) days (or such earlier time as the Parties may agree upon)
before DA service is initiated, details necessary to provide that
service. This information includes listing information for the areas
to be served by Ameritech and network information necessary to
provide for the direct trunking of the DA calls.
8.14.3 21/st/ Century will keep these records current and will
inform Ameritech, in writing, at least thirty (30) days prior to any
changes in the format to be made in such records. 21/st/ Century will
inform Ameritech of other changes in the records on a mutually
agreed-upon schedule.
8.15 If 21/st/ Century purchases OS or DA Network elements upon request
and as, technically feasible, Ameritech will re-brand such OS and DA
services based upon 21/st/ Century's agreement to pay rates that compensate
Ameritech for any costs it incurs in developing, installing, providing and
maintaining such rebranded service. To the extent that multiple carriers
request the same branding service, such rate shall be allocated on a pro
---
rata share. For branding of calls, 21/st/ Century must provide two (2)
----
cassette tapes of an announcement, no longer than three (3) seconds or at
parity with Ameritech, for installation on each OS and DA switch serving
21/st/ Century's Customers.
8.16 Branding: Re-branding is available as follows:
--------
(a) Mechanized front-end branding is available for all manual and
automated OS calls.
(b) Mechanized back-end branding is available for automated calling
card calls handled via ACCS.
(c) On mechanized collect and billed-to-third calls, back-end
branding is not currently available. Such calls can be manually
handled and branded. If Customer desires mechanized branding, the
feature can be installed if 21/st/ Century pays for feature purchase
and installation.
Sch. 9.5 - 20
Normally, OS and DA services, both bundled and unbundled, will be branded
with Ameritech's name as the provider of the service. Upon request from
21/st/ Century, and as technically feasible, Ameritech will re-brand OS and
DA traffic from 21/st/ Century's telephone exchange lines, or to 21/st/
Century's unbundled OS or DA Network Element. Re-branded service requires
that 21/st/ Century arrange to have the subject OS or DA traffic delivered
to Ameritech's Central Office on separate trunks, which may require that it
obtain custom routing, and obtain or provide such trunks and other
applicable. Re-branding is provided at rates that recover Ameritech's
costs of developing, installing, providing and maintaining such service.
8.17 21/st/ Century will provide Ameritech during the term of this
Agreement its DA listings. DA listings provided to Ameritech by 21/st/
Century under this Agreement will be used and maintained by Ameritech only
for providing Telecommunications Services, and will not be disclosed to
third parties. This section does not prohibit Ameritech and 21/st/ Century
from entering into a separate agreement which would allow Ameritech to
provide or sell 21/st/ Century's DA listing information to third parties,
but such provision or sale would only occur under the terms and conditions
of the separate agreement.
8.18 Ameritech will supply 21/st/ Century with call-detail information so
that 21/st/ Century can rate and xxxx the call. This information excludes
rating and invoicing of Customers, unless negotiated on an individual-case
basis.
Sch. 9.5 - 21
SCHEDULE 9.10
NETWORK ELEMENT PERFORMANCE BENCHMARKS
A. Non-DS1 Loops - standard intervals.
Volume* Interval
------ --------
1-24 5 Business Days
25-48 6 Business Days
49-96 7 Business Days
97+ Negotiated
*Number of Loops per order per day
B. DS1 Unbundled Local Transport
Interval
--------
1. Facilities Available 7 Business Days
2. Facilities or Force Negotiated
Not Available
C. DS3-Unbundled Local Transport Negotiated Interval
D. OC-N-Unbundled Local Transport Negotiated Interval
Sch. 9.10 - 1
SCHEDULE 10.1
WHOLESALE RESALE SERVICES
The Resale Services provided by Ameritech hereunder and the rates, charges and
prices for such Resale Services are set forth in ILL. C.C., No. 19, Part 22 and
ILL. C.C., No. 20, Part 22.
Sch. 10.1 - 1
SCHEDULE 10.3.1
GRANDFATHERED SERVICES AND SUNSETTED SERVICES
ILLINOIS
The following list contains Grandfathered Services which are found in Part 20 of
either ICC No. 19 for competitive services, or ICC No. 20 for non-competitive
services.
ICC No. 19
----------
Integrated Information Network
Centrex Switching Service
Centrex Service
Ameritech Integrated Digital Network
Ameritech Central Office Information Manager Service
Ameritech Business Solutions Centrex
Nondedicated 800/312 NPA Service
Outward WATS
WATS for 800 Service
Ameritech Host Interconnect Service for ESCON
ICC No. 20
----------
Centrex
Starline
Ameritech Custom Business Service
Public Switched Digital Service
Intercom Calling Service
Single Line Premiere Communications Service
Ameritech Service Management System
Basic 911 Telecommunications Service
Special needs Services
Lobby Interphone Service for Multiple Apartment Buildings
Hotel Service
Message Register Service
Nondedicated 800/312 NPA Service
Customized Intercept
Series 7000 Channel Services
Series 10000 Channel Service (Entrance Facilities)
Joint Use Arrangements/1/
Direct High Capacity Service
-----------------------
/1/ Sunsetted Service, all other services are Grandfathered Services.
Sch. 10.3.1 - 1
Delta 24 Channel Services
Dataphone Select-a-Station Service
SCHEDULE 10.9
RESALE PERFORMANCE BENCHMARKS
A. Installation
1. Installation Intervals
a. POTS
(1) Percentage Installed on Time
(2) Installation Interval More than Six (6) Business Days
b. HICAP: Percentage of Missed Appointments
SUBRATE: Percentage of Missed Appointments
2. New Service Failures
a. POTS: Percentage of New Service Failures During First Seven
(7) Calendar Days from Installation Date
b. HICAP: Percentage of New Service Failures During First Thirty
(30) Calendar Days from Installation Date
c. SUBRATE: Percentage of New Service Failures During First Thirty
(30) Calendar Days from Installation Date
B. Repair
1. Time to Repair
a. POTS: Percentage of Repairs Not Completed within twenty-four
(24) hours
b. HICAP: Percentage of Repairs Not Completed within two (2) hours
c. SUBRATE: Percentage of Repairs Not Completed within three and
one-half (3 1/2) hours
2. Percentage of Initial Trouble Reports
Sch. 10.3.1 - 2
3. Percentage of Code 4 Troubles
C. Time to Provide Firm Order Commitment
1. Switched Services: Percentage of Firm Order Commitments Provided within
four (4) Business Days of Date of Order
2. HICAP Services: Percentage of Firm Order Commitments Provided within one
(1) Business Day of Time of Order
D. Speed of Answer
1. Service Center: Percentage of Calls to Service Center made during
normal business hours that are answered within ten (10) seconds
2. Repair Center: Percentage of Calls to Repair Center that are answered
within twenty (20) seconds.
3. Operator Services: Toll Assistance Speed of answer (seconds).
4. Operator Services: Directory Assistance Speed of answer (seconds).
SCHEDULE 10.9.6
CREDIT ALLOWANCES
ILLINOIS
1.0 General.
When a service provided by either Party (the "Providing Party") to the
other Party (the "Purchasing Party") is interrupted and such interruption
exceeds the qualification period applicable to such service as set forth in this
Schedule 10.9.6, the Providing Party shall, at the Purchasing Party's request,
---------------
provide the Purchasing Party a credit allowance for the interrupted service (the
"Credit Allowance") as calculated in this Schedule 10.9.6. A service shall be
---------------
considered interrupted when the service is rendered useless and inoperative.
For purposes of calculating Credit Allowances, an interruption shall be deemed
to begin at the time that such interruption is reported to or detected by
Ameritech, whichever occurs first, and shall end at the time such service is
repaired, as evidenced by Ameritech's records.
Notwithstanding the foregoing, a Credit Allowance shall not be given for
interruptions caused by (i) negligence or willful act of the Purchasing Party or
its Customers, (ii) Customer-provided facilities, or (iii) electric power
failure where the Customer furnishes such electronic power.
Sch. 10.9 - 3
The Credit Allowance shall be based upon the ratio of (i) the duration of
the interruption measured from the time such interruption begins and expressed
in multiples of the allowance increment applicable to such service, as set forth
in this Schedule 10.9.6, to (ii) the total number of such allowance increments
---------------
in a thirty (30)-day month (the "Allowance Ratio"). The Credit Allowance shall
equal the Allowance Ratio times the monthly charge to the Purchasing Party for
-----
such affected service.
2.0 Qualification periods.
Qualification Allowance
Service Period Increment
------- ------------- ---------
A. All services except those listed below 12 hours 24 hours
B. Telecommunications Channel Service
(1) Series 1000 and Series 3000
intraexchange 24 hours 24 hours
interexchange 1/2 hour 1/2 hour
Qualification Allowance
Service Period Increment
------- ------------- ---------
(2) Series 2000
a. All Series 2000 Channels
except type 202 24 hours 24 hours
b. Type 2002 Channels
intraexchange 24 hours 24 hours
interexchange 1/2 hour 1/2 hour
(3) Series 7000
Type 7003 2 hours 1 hour
C. WATS
D. Foreign Exchange, Foreign Central Office
and Foreign District Service 24 hours 24 hours
E. Direct Digital Service, direct High Capacity Service except for individual
channelizing (plug-ins) and NOVALINK Fiber Optic Service.
(1) Interruptions (as defined in applicable tariffs) of 24 Hours or Less
--------------------------------------------------------------------
Length of Interruption Credit
---------------------- ------
Less than 30 minutes None
30 minutes and up to, but not including, 3 hours 1/10 day
3 hours and up to, but not including, 6 hours 1/5 day
6 hours and up to, but not including, 9 hours 2/5 day
9 hours and up to, but not including, 12 hours 3/5 day
12 hours and up to, but not including, 15 hours 4/5 day
15 hours and up to 24 hours inclusive One day
Two or more interruptions of 30 minutes or more during any period up
to, but not including 3
Sch. 10.9.6 - 4
hours, shall be considered as one interruption.
(2) Interruptions (as defined in applicable tariffs) of Over 24 Hours
-----------------------------------------------------------------
Credit will be allowed in 1/5 day multiples for each 3-hour period of
interruption or fraction thereof. No more than one full day's credit
will be allowed for any period of 24 hours.
Sch. 10.9.6 - 5
SCHEDULE 10.11.1
FORM OF REPRESENTATION OF AUTHORIZATION
21/st/ Century/Ameritech hereby represents to Ameritech/21/st/ Century, for
purposes of obtaining a Customer's Customer Proprietary Network Information
("CPNI") or for placing an order to change or establish a Customer's service,
that it is a duly certificated LEC and that it is authorized to obtain CPNI and
to place orders for Telephone Exchange Service (including Resale Service) upon
the terms and conditions contained herein.
1. With respect to requests for CPNI regarding prospective Customers of 21/st/
Century/Ameritech (i.e., those Customers for whom 21/st/ Century/Ameritech
----
has not obtained Documentation of Authorization to provide Telephone
Exchange Service), 21/st/ Century/Ameritech acknowledges that it must
obtain written or electronic authorization in the form of a signed letter,
tape-recorded conversation, password verification or by other means, in
each case as approved by the FCC or the Commission ("Documentation of
Authorization"), that explicitly authorizes 21/st/ Century/Ameritech to
have access to the prospective Customer's CPNI. However, 21/st/
Century/Ameritech may obtain a blanket Document of Authorization for the
Customer authorizing the release of CPNI to 21/st/ Century/Ameritech and
any and all requests for such CPNI made over a period of time designated by
such authorization. The Documentation of Authorization must be made by the
prospective Customer or the prospective Customer's authorized
representative. In order to obtain the CPNI of the prospective Customer,
21/st/ Century/Ameritech must submit to Ameritech/21/st/ Century the
Documentation of Authorization. If 21/st/ Century/Ameritech cannot provide
applicable Documentation of Authorization, then Ameritech/21/st/ Century
shall not provide CPNI to 21/st/ Century/Ameritech.
2. Ameritech/21/st/ Century will only disclose CPNI to agents of 21/st/
Century/Ameritech identified in the Documentation of Authorization.
3. If 21/st/ Century/Ameritech has already obtained Documentation of
Authorization from the Customer to place an order for Telephone Exchange
Service for the Customer, 21/st/ Century/Ameritech need not submit
Documentation of Authorization to obtain the Customer's CPNI.
4. With respect to placing a service order for Telephone Exchange Service
(including Resale Services) for a Customer, 21/st/ Century/Ameritech
acknowledges that it must obtain Documentation of Authorization that
explicitly authorizes 21/st/ Century/Ameritech to provide Telephone
Exchange Service to such Customer. The Documentation of Authorization must
be made by the prospective Customer or Customer's authorized
representative. 21/st/ Century/Ameritech need not submit the Documentation
of Authorization to process a service order. However, 21/st/
Century/Ameritech hereby represents that it will not submit a service order
to Ameritech/21/st/ Century unless it has
Sch. 10.11.1 - 6
obtained appropriate Documentation of Authorization from the prospective
Customer and has such Documentation of Authorization in its possession.
5. The Documentation of Authorization must clearly and accurately identify
21/st/ Century/Ameritech and the prospective Customer.
6. 21/st/ Century/Ameritech shall retain or be able to produce all
Documentation of Authorization for as long as 21/st/ Century/Ameritech
provides Telephone Exchange Service to the Customer or for as long as
21/st/ Century/Ameritech makes requests for information on behalf of the
Customer.
7. 21/st/ Century/Ameritech shall provide Documentation of Authorization for
Customers or prospective Customers to Ameritech/21/st/ Century upon
request, when such Documentation of Authorization is at issue.
8. 21/st/ Century/Ameritech is responsible for, and shall hold
Ameritech/21/st/ Century harmless from, any and all Losses (as defined in
that certain Interconnection Agreement under Sections 251 and 252 of the
Telecommunications Act of 1996, dated as of May 5, 1997 by and between
Ameritech Information Industry Services, a division of Ameritech Services,
Inc. on behalf of and as agent for Ameritech Illinois and 21/st/ Century
Telecom of Illinois, Inc. (the "Interconnection Agreement")) resulting from
Ameritech/21/st/ Century's reliance upon 21/st/ Century/Ameritech's
representations as to its authority to act on behalf of a Customer or
prospective Customer in obtaining CPNI or placing a service order for
Telephone Exchange Service.
9. If 21/st/ Century/Ameritech fails to repeatedly and materially abide by the
procedures set forth herein, Ameritech/21/st/ Century reserves the right to
insist upon the submission of Documentation of Authorization for each
Customer in connection with a request for a service order.
10. This Representation of Authorization shall commence on the date noted below
and shall continue in effect until the termination or expiration of the
Interconnection Agreement.
Dated this day of 199 .
----- ----- --
21/st/ Century Telecom of Illinois, Inc. Ameritech Information Industry
Services, a division of Ameritech
Services, Inc. on behalf of and
as agent for Ameritech Illinois.
By: By:
-------------------------------------
Title: Title:
----------------------------------
Printed Name: Printed Name:
---------------------------
Sch. 10.11.1 - 7
SCHEDULE 10.12.5
LAW ENFORCEMENT INTERFACES
1.0 Introduction.
Consistent with Applicable Law, it is necessary for 21/st/ Century and Ameritech
to provide interface requirements to allow 21/st/ Century to use a standard set
of procedures for meeting the requirements of applicable law enforcement
agencies ("Law Enforcement Process"). The Law Enforcement Process will enable
21/st/ Century to provide identical services to its Customers. These services
include Annoyance Call Bureau, wire intercept, wire trap, wire trace, fraud
control, physical security and subpoena management.
2.0 Law Enforcement.
Definition - The Law Enforcement Process assures that 21/st/ Century (as a
reseller of Resale Services) is in total compliance with law enforcement
requirements related to providing local Services to its Customers. Ameritech
(switch owner or access provider) agrees to support law enforcement requirements
as provided by the CALEA.
3.0 Annoyance Call Bureau.
3.1. Definition - Ameritech Annoyance Call Bureau (AACB) conducts
investigations to help determine who the unwanted callers are after victims
receive annoying calls and files an official complaint with the local law
enforcement agency. Annoying calls are: threatening, harassing, obscene,
prank, hang-ups, unwanted sales pitches, and survey calls. The information
obtained will only be released to the local law enforcement agency.
3.2. When 21/st/ Century must initiate a wire trap or trace as a result of
its customer receiving an annoying call (e.g., threatening, harassing,
----
obscene, prank, hang-ups, unwanted sales pitches and survey calls), the
following operational interfaces should occur:
3.2.1. 21/st/ Century (the reseller) shall inform its Customer that
it must file a formal complaint with the local police department and
obtain agency's name, officer's name and case or report number.
3.2.2. 21/st/ Century shall contact Ameritech Annoyance Call Bureau
on behalf of its Customer and provide the required information to
initiate trap or call trace.
3.2.3. The AACB shall conduct investigations to determine who the
unwanted caller is; work with local police departments to gather
evidence; and even testify in court on behalf of 21/st/ Century
Customers who have received annoying calls. The AACB will build case
for and establish trap for twenty-one (21) days. 21/st/ Century shall
contact the AACB to renew the trap beyond twenty-one (21) days.
Sch. 10.12.5 - 8
3.2.4. The AACB shall provide to 21/st/ Century a toll-free number
that will be accessible daily Monday through Friday from 8:00 a.m. -
5:00 p.m.
3.2.5. For non-emergency (not life-threatening) situations, 21/st/
Century shall advise its Customer to contact its local Law Enforcement
Agency and to provide 21/st/ Century with required information to
initiate a trap or call trace. 21/st/ Century will contact the AACB
during standard operating hours to establish a case. For emergency
(life-threatening) situations, 21/st/ Century shall inform its
Customer to contact its local Law Enforcement Agency, and this Agency
will contact Ameritech to initiate a trap or call trace.
3.2.6. Additionally, for emergency situations, Ameritech corporate
security will provide 21/st/ Century representatives with an emergency
security contact available seven (7) days a week, twenty-four (24)
hours a day, and 21/st/ Century will provide Ameritech representatives
with an emergency security contact seven (7) days a week, twenty-four
(24) hours a day.
3.2.7. 21/st/ Century's Customer must contact 21/st/ Century with the
dates and times of the unwanted calls. 21/st/ Century shall fax the
dates and times of the unwanted calls to the Annoyance Call Bureau.
3.2.8. At the end of the tracing investigation (twenty-one (21)-day
period), the Ameritech Annoyance Call Bureau shall send written
confirmation to 21/st/ Century informing 21/st/ Century of the
disposition of the case (i.e., successful or non-successful). All
----
evidence obtained on a successful case will be forwarded to the local
Law Enforcement Agency that 21/st/ Century provided to the AACB.
21/st/ Century shall inform its Customer of the results of the
investigation.
3.2.9. If 21/st/ Century Customers call Ameritech to initiate an
annoying call report, Ameritech shall advise the person receiving the
annoying or harassing call to call 21/st/ Century.
4.0 Wire Intercept.
4.1. Definition - Requests from Law Enforcement Agencies to conduct a form
of electronic or mechanical eavesdropping where, upon court order, law
enforcement officials surreptitiously monitor phone calls (e.g.,
----
conversations or data) of 21/st/ Century Customers.
4.2. Operational Interface Requirements - The Law Enforcement Agency
(e.g., local police department or government organization) shall serve
----
Ameritech with a court order, authorizing Ameritech to conduct a wire
intercept on the 21/st/ Century Customer line.
5.0 Pen Register (Dial Number Recorder).
Sch. 10.12.5 - 9
5.1. Definition - Requests from Law Enforcement Agencies to conduct a
"form" of identifying calls dialed by 21/st/ Century Customers in local
Exchange Areas. A pen register is a mechanical device that records the
numbers dialed or pulsed on a telephone by monitoring the electrical
impulses caused when the dial on the telephone is released. A pen register
does not overhear oral communications and does not indicate whether calls
are actually completed; thus, there is no recording or monitoring of the
conversations.
5.2. Operational Interface Requirements - See Wire Intercept, Section 4.1.
6.0 Trace.
6.1. Definition - A form of electronic identification of calling numbers,
where, upon consent from the 21/st/ Century Customer (via 21/st/ Century)
or court order, law enforcement officials request a record of calling
numbers to the premises of the 21/st/ Century Customer.
6.2. Central Office Features - Call Trace is an advanced custom calling
feature that provides 21/st/ Century direct line Customers the ability to
activate the feature by dialing a designated code. This will automatically
trace the telephone number of the line used for the last call received by
the Customer. The traced number will not be provided to the Customer but
will be provided to law enforcement officials.
7.0 Subpoena Management.
7.1. Definition - The law enforcement process initiated to compel the
production of certain specific documents (e.g., Customer information, name,
----
address, service type, call usage records, etc.) relevant to a legal
proceeding are made and make them readily retrievable by local police
departments, government organizations and attorneys. Other legal demands
require the capability to honor other legal process demands (e.g.,
----
establishment of dialed number recorders, wire intercepts, and trace
services, etc.)
7.2. Operational Interface Requirements - The Law Enforcement Agency
(e.g., local police department, government organization or attorney) shall
----
serve Ameritech an original subpoena naming Ameritech in its court document
for requests for Customer information (see above definition). Ameritech
shall forward call trace information to the Law Enforcement Agency for
inquiries regarding 21/st/ Century Customers. If the Law Enforcement
Agency serves 21/st/ Century the original subpoena, 21/st/ Century shall
forward a copy of the original subpoena to Ameritech and advise the Law
Enforcement Agency to re-send an original subpoena naming Ameritech in its
court document. Ameritech shall notify 21/st/ Century of the resolution of
the investigation. However, Ameritech shall only provide the results of
the investigation to the proper Law Enforcement Agency.
7.3. Operations Interface Requirements for calls originating from a long
distance carrier, computer, fax machine, pay phones and telemarketing calls
to 21/st/ Century's Customers are pending further discussions with
Ameritech.
Sch. 10.12.5 - 10
SCHEDULE 10.13
RESALE MAINTENANCE PROCEDURES
By the end of Contract Month/1/ 1, the Implementation Team shall agree
upon the processes to be used by the Parties for maintenance of Resale Services.
These processes will address the implementation of the requirements of this
Schedule 10.13.
--------------
1. Ameritech shall provide repair, maintenance and testing for all Resale
Services in accordance with the terms and conditions of this Schedule 10.13.
--------------
21/st/ Century shall handle all interaction with 21/st/ Century Customers,
including all calls regarding service problems, scheduling of technician visits,
and notifying the subscriber of trouble status and resolution.
2. Ameritech technicians shall provide repair service that is at least
equal in quality to that provided to Ameritech Customers; trouble calls from
21/st/ Century Customers shall receive response time priority that is at parity
to that of Ameritech Customers and shall be based on trouble severity,
regardless of whether the Customer is an 21/st/ Century Customer or an Ameritech
Customer.
3. Ameritech shall provide 21/st/ Century with the same scheduled and non-
scheduled maintenance, including required and recommended maintenance intervals
and procedures, for all Resale Services provided to 21/st/ Century under this
Schedule that it currently provides for the maintenance of its own network.
Ameritech shall provide 21/st/ Century notice of any scheduled maintenance
activity that may impact 21/st/ Century's Customers on the same basis it
provides such notice to its retail Customers. Scheduled maintenance shall
include such activities as switch software retrofits, power tests, major
equipment replacements and cable rolls.
4. Ameritech shall provide notice of non-scheduled maintenance activity
that may impact 21/st/ Century Customers. Ameritech shall provide maintenance
as promptly as possible to maintain or restore service and shall advise 21/st/
Century of any such actions it takes.
5. If service is provided to 21/st/ Century Customers before an Electronic
Interface (EI) is established between 21/st/ Century and Ameritech, 21/st/
Century will transmit repair calls to Ameritech repair bureau by telephone.
6. Ameritech repair bureau, including the EI to be established pursuant to
the Implementation Plan, shall be on-line and operational twenty-four (24) hours
per day, seven (7) days per week, except when preventative maintenance and
software revisions require an out-of-service condition. Ameritech will provide
21/st/ Century a twenty-four (24)-hour advanced notification of such out-of-
service conditions.
-----------------------
/1/ Because the terms of this Agreement are the result of 21/st/ Century's
adoption under Section 252(i) of the Act of the MCI Agreement, the Parties
agree that the term "Contract Month 1", for purposes of this Schedule
--------
10.13, shall expire on March 19, 1998.
-----
Sch. 10.13 - 11
7. Ameritech shall provide progress reports and status-of-repair efforts
to 21/st/ Century upon request and at a frequency interval to be determined by
21/st/ Century. Ameritech shall inform 21/st/ Century of restoration of Resale
Service after an outage has occurred.
8. Maintenance charges for premises visits by Ameritech technicians shall
be billed by 21/st/ Century to its Customer and not by Ameritech. The Ameritech
technician shall, however, present the Customer with an unbranded form detailing
the time spent, the materials used and an indication that the trouble has either
been resolved or that additional work will be necessary, in which case the
Ameritech technician shall make an additional appointment with the Customer and
notify 21/st/ Century as to the schedule of the appointment. The Ameritech
technician shall obtain the Customer's signature when available upon said form
and then use the signed form to input maintenance charges into Ameritech's
repair and maintenance database.
9. Dispatching of Ameritech technicians to 21/st/ Century Customer
premises shall be accomplished by Ameritech pursuant to a request received from
21/st/ Century. The EI established between the Parties shall have the
capability of allowing 21/st/ Century to receive trouble reports, analyze and
sectionalize the trouble, determine whether it is necessary to dispatch a
service technician to the Customer's premises and verify any actual work
completed on the Customer's premises.
10. Upon receiving a referred trouble from 21/st/ Century, the Ameritech
technician will offer a dispatch appointment and quoted repair time dependent
upon Ameritech's force-to-load condition. Ameritech's maintenance
administrators will override this standard procedure on a non-discriminatory
basis.
11. Disaster Recovery. The Implementation Plan will establish a process
for disaster recovery that addresses the following:
(a) Events affecting Ameritech's network, work centers and operational
support systems;
(b) Establishing and maintaining a single point of contact responsible
for disaster recovery activation, statusing and problem resolution during
the course of a disaster, and restoration;
(c) Procedures for notifying 21/st/ Century of problems, initiating
restoration plans and advising 21/st/ Century of the status of resolution;
(d) Definition of a disaster; and
(e) Equal priority, as between 21/st/ Century Customers and Ameritech
Customers, for restoration efforts, consistent with FCC Service Restoration
guidelines, including, without limitation, deployment of repair personnel
and access to spare parts and components.
Sch. 10.13 - 12
SCHEDULE 10.13.2
SERVICE ORDERING AND PROVISIONING PROCEDURES AND
INTERFACE FUNCTIONALITY
1. Electronic interfaces will provide 21/st/ Century with the ability to:
(a) Obtain, during sales discussions with a Customer, access to the
following Ameritech Customer service record data in a manner that is
transparent to the Customer:
. Billing telephone number/name/address
. Service Location Address
. Working telephone number(s) on the account
. Existing service and features
. Blocking
. CLASS Features
. Telephone Assistance Programs, Telephone Relay Service and similar
services indicator
. Special Exemption Status indicator
. Directory Listing Information
. Information necessary to identify the IntraLATA toll provider and
InterLATA provider, as applicable;
(b) Obtain information on all features and services available;
(c) Enter the 21/st/ Century Customer order for all desired features and
services;
(d) Assign a telephone number (if the 21/st/ Century Customer does not
have one assigned);
(e) Establish the appropriate directory listing;
(f) Determine if a service call is needed to install the line or service;
(g) Schedule dispatch and installation, if applicable;
(h) Provide installation dates to Customer;
(i) Order local intraLATA toll service and enter 21/st/ Century Customer's
choice of primary interexchange carrier on a single, unified order;
(j) Suspend, terminate or restore service to an 21/st/ Century Customer;
and
(k) Define other functions as agreed to in the Implementation Plan.
Sch. 10.13.2 - 13
Ameritech will support four (4) transaction types: Assume, Change, New and
Delete, as described in Ameritech's Electronic Service Guide, which is based on
TCIF Customer Service, Issue 5. If any additional transactional types are made
available, the Implementation Team shall address availability and procedures for
those additional transaction types.
2. 21/st/ Century shall be entitled to place orders to transfer a Customer to
21/st/ Century without identifying the specific features and services being
subscribed by such Customer at the time of the request ("Migration-As-Is").
Furthermore, if a Customer requests changes to its features and/or such service
at the time of transfer, as part of a request for Migration-As-Is, 21/st/
Century need only specify the features and/or services that are to change.
However, unless agreed to by Ameritech, Migration-As-Is will not include any
service subscribed that is not a Telecommunications Service.
3. Critical or Expedited Orders. 21/st/ Century may request that the standard
interval for provisioning will be expedited if Ameritech's standard intervals do
not meet the 21/st/ Century Customer's requested due date. Orders will be
expedited by Ameritech on the same basis as it expedites orders for its
subsidiaries, Affiliates and retail Customers. If Ameritech will be unable to
meet an 21/st/ Century expedite request, Ameritech will notify 21/st/ Century.
4. General Resale Ordering and Provisioning Requirements.
(a) Ameritech shall provide provisioning services to 21/st/ Century Monday
through Friday from 8:00 a.m. to 5:00 p.m. CST. 21/st/ Century may
request Ameritech to provide Saturday, Sunday, holiday and/or off-hour
provisioning services. If 21/st/ Century requests that Ameritech
perform provisioning services at times or on days other than as
required in the preceding sentence, Ameritech shall quote, within
three (3) Business Days of the request, a cost-based rate for such
services. If 21/st/ Century accepts Ameritech's quote, Ameritech
shall perform such provisioning services.
(b) Ameritech shall provide a single point of contact (each, a "SPOC") for
ordering and provisioning contacts and order flow involved in the
purchase and provisioning of Ameritech's Resale Services. The SPOCs
shall provide an electronic interface twenty-four (24) hours a day,
seven (7) days a week, for all ordering and provisioning order flows.
Each SPOC shall also provide to 21/st/ Century a toll-free nationwide
telephone number (operational from 8:00 a.m. to 8:00 p.m., Monday
through Saturday), which will be answered by capable staff trained to
answer questions and resolve problems in connection with the
provisioning of Resale Services.
(c) Ameritech will recognize 21/st/ Century as the Customer of Record of
all Resale Services ordered by 21/st/ Century and will send all
notices, invoices and pertinent Customer information directly to
21/st/ Century.
Sch. 10.13.2 - 14
(d) When requested by 21/st/ Century, Ameritech will schedule installation
appointments with Ameritech's representative on the line with 21/st/
Century's representative until 21/st/ Century has access to
Ameritech's scheduling system.
(e) Ameritech will provide 21/st/ Century with a Firm Order Confirmation
("FOC") for each order within the interval agreed upon by the
Implementation Team. The FOC must contain an enumeration of 21/st/
Century's ordered resale features, options, physical Interconnection,
quantity and Ameritech commitment date for order completion
("Committed Due Date"), which commitment date shall be established on
a non-discriminatory basis with respect to installation dates for
comparable orders at such time.
(f) Upon work completion, Ameritech will provide 21/st/ Century
electronically (unless otherwise notified by 21/st/ Century) with an
order completion per order that states when that order was completed.
Ameritech shall respond with specific order detail as enumerated on
the FOC.
(g) Ameritech shall provide to 21/st/ Century upon request:
(1) a list of all services and features and InterLATA and IntraLATA
PICs technically available from each switch that Ameritech may
use to provide Local Switching, by switch CLLI;
(2) detail of the service coverage area of each switch CLLI; and
(3) Industry standard notification to carriers regarding information
on the details and requirements for planning and implementation
of NPA splits.
(h) For Resale Services that require coordination among Ameritech, 21/st/
Century and 21/st/ Century's Customer, 21/st/ Century shall be
responsible for any necessary coordination with the 21/st/ Century
Customer.
5. Provided 21/st/ Century has appropriate Documentation of Authorization,
Ameritech shall recognize 21/st/ Century as an agent for the subscriber in
coordinating the disconnection of services provided by another CLEC or
Ameritech.
6. If no Applicable Law governs an intraLATA toll carrier selection and if the
Customer does not select an intraLATA toll carrier, the default carrier shall be
the local service provider of that Customer.
7. OBF Compliance: Ameritech agrees to work cooperatively to implement future
OBF-developed processes related to ordering and provisioning.
8. Service Migrations and New Subscriber Additions: For resale services,
Ameritech shall not require a disconnect order from a subscriber, another local
service provider or any other
Sch. 10.13.2 - 15
entity to process an 21/st/ Century order to establish 21/st/ Century Local
Service and/or migrate a subscriber to 21/st/ Century local service.
9. Order Rejections: As soon as reasonably practicable, Ameritech shall
reject and return to 21/st/ Century any order that Ameritech cannot provision
and in its reject notification provide an error code identifying the reason(s)
why such order was rejected.
10. Service Order Changes
(a) If an installation or other 21/st/ Century-ordered work requires a
change from the original 21/st/ Century service order in any manner,
Ameritech shall call 21/st/ Century in advance of performing the
installation or other work to obtain authorization. Ameritech shall
then provide 21/st/ Century an estimate of additional labor hours
and/or materials. After all installation or other work is completed,
Ameritech shall immediately notify 21/st/ Century of actual labor
hours and/or materials used in accordance with regular service order
completion schedules.
(b) If an 21/st/ Century Customer requests a service change at the time
of installation or other work being performed by Ameritech on behalf
of 21/st/ Century, Ameritech, while at the Customer premises, shall
direct the 21/st/ Century Customer to contact 21/st/ Century so as to
avoid unnecessary delays in service activation, should the Ameritech
representative leave Customer premises.
11. Implementation Team. The Implementation Team shall address systems and
process testing, service suspensions/restorations and disconnects.
12. Special Construction. If the provision of any Resale Services requires
special construction, 21/st/ Century shall pay to Ameritech any applicable
special construction charges, as determined in accordance with the Act. If
special construction is required, the Parties shall mutually agree on the nature
and manner of such special construction, the applicable charges thereto and the
negotiated interval(s) that will apply to the provisioning of such Resale
Service(s) in lieu of the standard intervals set forth on Schedule 10.9.
-------------
SCHEDULE 12.9.1
PHYSICAL COLLOCATION SPACE RESERVATION
Space for Physical Collocation may be reserved on the following basis:
1. 21/st/ Century may reserve additional space in an Ameritech Central
Office in which it has (or is ordering) Physical Collocation for permitted
telecommunications-related equipment.
2. A reservation may be maintained only by the payment of a non-recurring
charge to defray the administrative costs of the reservation system
("Reservation Charge").
Sch. 10.13.2 - 16
3. The reservation can be made for an amount of space no greater than the
amount of active Physical Collocation space being utilized (or ordered) for
Interconnection with and/or access to the Network Elements of Ameritech by
21/st/ Century in the particular Central Office.
4. The reservation takes a priority based on the time at which it is made.
5. If Ameritech receives an order for Physical Collocation in an office in
which all the unoccupied space is covered by reservations, all reservations
will be prioritized. The holders(s) of the lowest-priority reservation(s)
that, when considering all higher-priority reservations, still represent(s)
available space sufficient to fill the order(s) for Physical Collocation
(each, an "Option Party") will be given written notice of its (their)
option of "enforcing" or relinquishing its (their) reservation(s).
In this case, an Option Party may enforce its reservation by payment
of the recurring Physical Collocation floor space charge otherwise
applicable to the reservation space (in lieu of the non-recurring
Reservation Charge). The reservation will be maintained until the Physical
Collocation arrangement in that office is terminated or the reservation is
terminated, whichever comes first. A new reservation may be activated by
payment of the Reservation Charge, but it will take a new priority based on
the time of reactivation. If an Option Party decides to enforce its
reservation in this manner, the holder(s) of the reservation(s) with the
next-higher priority will be given the option of enforcing or relinquishing
its (their) reservation(s).
If an Option Party declines to enforce its reservation as indicated
above, the reservation is relinquished and the reservation payment is
forfeited. A new reservation may be activated by payment of another
Reservation Charge, but the new reservation will be given a priority based
on the time Ameritech received the reactivation reservation and payment of
another Reservation Charge. The holder(s) of the reservation(s) with the
next-higher priority will be required to enforce or relinquish its (their)
reservation(s) until such time as all Option Parties have either enforced
or relinquished its (their) space reservation(s).
6. The holder of a valid reservation may place an order for Physical
Collocation for the reserved space at any time. If there is sufficient
unoccupied space to accommodate the order after subtracting space covered
by reservations of higher priority, the order will be processed. If there
is insufficient space to accommodate the order after subtracting space
covered by valid reservations of Option Parties with higher priority that
have been enforced, the holder's reservation shall be maintained.
7. In a Central Office, Ameritech may reserve space on the following
conditions:
. The amount of space must be the least amount of space reasonably
necessary for the provision of a communications-related service,
including Interconnection and the provision of unbundled Network
Elements. Except for space reserved
Sch. 12.9.1 - 17
for switch (including Tandem Switches and STPs) conversion and growth
and for augmentation and conversion of mechanical and electrical
support systems and building infrastructure, the reserved space must
reasonably be anticipated to be used in three (3) years.
. The total amount of space reserved cannot exceed the amount of space
Ameritech is currently using in the Central Office.
8. Ameritech shall enforce its reservation in the same manner in which
21/st/ Century and other collocating Telecommunicating Carriers shall be
required to enforce their reservations. In that case, Ameritech may impute
the floor space charge to the operations for which the space is reserved.
Sch. 12.9.1 - 18
SCHEDULE 12.9.3
COLLOCATION CAPACITY PLANNING
By the end of the third Contract Month after the Effective Date/1/, 21/st/
Century and Ameritech shall jointly develop a planning process for meeting
21/st/ Century's space and intraoffice facility requirements, which shall
include the procedures to be followed for the 21/st/ Century quarterly forecast
of anticipated additional power requirements.
SCHEDULE 12.12
DELIVERY OF COLLOCATED SPACE
1.0 Delivery of Physical Collocation Space
1.1 Upon receiving the written notification of the availability of
Collocation space from Ameritech, 21/st/ Century shall send written
verification that it still requires each Collocation space requested on
21/st/ Century's application for which space is available. This written
verification is 21/st/ Century's firm order for service for each
Collocation space requested. Subject to Section 1.2 below, 21/st/
-----------
Century's written verification shall be accompanied by 21/st/ Century's
payment of forty percent (40%) of all applicable Central Office Build-Out
("COBO") fees (the "Initial COBO Payment"). COBO modifications and
additions to space described in the proposal will not begin until the
Initial COBO Payment has been paid. Delayed payment of the Initial COBO
Payment may delay the actual service date.
1.2 So long as 21/st/ Century has a satisfactory credit rating with
Ameritech for the twelve (12)-month period preceding the date of 21/st/
Century's request for Collocation pursuant to Section 12.12, 21/st/ Century
-------------
shall pay the COBO charges as follows:
Initial COBO Payment: 40% of COBO charges
Delivery by Ameritech of confirmation
----------------------
/1/ Because the terms of this Agreement are the result of 21/st/ Century's
adoption under Section 252(i) of the Act of the MCI Agreement, the
Parties agree that the term "Contract Month 3", for purposes of this
Schedule 12.9.3, shall expire on May 19, 1998.
---------------
Sch. 12.9.3 - 1
that construction of space is fifty percent
(50%) complete: 40% of COBO charges
Completion of space conditioning: 20% of COBO charges
If 21/st/ Century's credit rating is not satisfactory within the
aforementioned period, 21/st/ Century's method of payment of the COBO
charges shall be in accordance with the provisions of Ameritech's
applicable tariff.
2.0 Additional Rules and Regulations Applicable to Physical Collocation Space
Physical Collocation will be provided subject to the following provisions:
2.1 21/st/ Century will be responsible for all extraordinary costs, as
determined in accordance with the Act, incurred by Ameritech to prepare the
Collocation space for the installation of 21/st/ Century's equipment and
for extraordinary costs to maintain the Collocation space for 21/st/
Century's equipment on a going-forward basis. Extraordinary costs may
include costs for such items as asbestos removal, fire suppression system
or containment, modifications or expansion of cable entry facility,
increasing the DC power system infrastructure capacity, increasing the
capacity of the standby AC system or the existing commercial power
facility, conversion of non-Collocation space, compliance with federal and
state requirements, or other modifications required by local ordinances.
Ameritech will charge for these costs on a time-sensitive or time-and-
materials basis. An estimate of such costs, as determined in accordance
with the Act, will be provided to 21/st/ Century prior to commencing such
work. Extraordinary costs will only be billed to 21/st/ Century if such
costs have been authorized by 21/st/ Century. Ameritech must advise 21/st/
Century if extraordinary costs will be incurred within ten (10) Business
Days after the initial walkthrough referenced in Section 12.12.2(b).
------------------
Otherwise, 21/st/ Century will not be responsible for such costs.
Extraordinary costs do not include costs associated with maintenance and
upkeep of the building.
Within ten (10) Business Days after the initial walkthrough referenced in
Section 12.12.2(b), Ameritech shall provide to 21/st/ Century a written
------------------
proposal that covers 21/st/ Century's requirements for the space and
details the associated requirements and the applicable charges required to
meet 21/st/ Century's specific request and the expected service date.
21/st/ Century shall acknowledge acceptance of the charges in the written
proposal by signing it and returning a copy to Ameritech. Upon receipt of
21/st/ Century's signed proposal, Ameritech will begin the work and charge
21/st/ Century for the actual time and material needed to complete the
modifications, plus a reasonable contribution. In no case will actual
charges exceed those estimated by more than ten percent (10%).
2.2 Each Party will be responsible for notifying the other Party of any
significant outages of a Party's equipment that could impact any of the
services offered by the other Party and provide estimated clearing time for
restoration.
Sch. 12.12 - 2
2.3 The Parties shall coordinate to ensure that services are installed in
accordance with the service request.
2.4 Each Party is responsible for testing, if necessary, with the other
Party to identify and clear a trouble when the trouble has been
sectionalized (isolated) to a service provided by that Party.
2.5 Before beginning delivery, installation, replacement or removal work
for equipment and/or facilities located within the Collocation space,
21/st/ Century shall obtain Ameritech's written approval of 21/st/
Century's proposed scheduling of the work in order to coordinate use of
temporary staging areas and other building facilities, which approval shall
not be unreasonably withheld or delayed. Ameritech may make reasonable
request for additional information before granting approval and may
reasonably require scheduling changes. 21/st/ Century shall indicate on
the drawings provided by Ameritech, pursuant to Schedule 12.15, 21/st/
--------------
Century's plans for equipment to be installed in the Collocation space
prior to commencing installation.
2.6 Ameritech shall have the right to inspect 21/st/ Century's completed
installation of equipment and facilities prior to 21/st/ Century turning up
such equipment and facilities. 21/st/ Century shall provide written
notification to Ameritech when 21/st/ Century has completed its
installation of equipment and facilities in the Collocation space, and
Ameritech shall, within two (2) Business Days of receipt of such notice,
either (i) inspect such Collocation space or (ii) notify 21/st/ Century
that Ameritech is not exercising its right to inspect such Collocation
space at that time and that 21/st/ Century may turn up its equipment and
facilities. Failure of Ameritech to either inspect the Collocation space
or notify 21/st/ Century of its election not to inspect such space within
the foregoing two (2) Business Day period shall be deemed an election by
Ameritech not to inspect such Collocation space. 21/st/ Century shall have
the right to be present at such inspection, and if 21/st/ Century is found
to be in non-compliance with the terms and conditions of this Agreement
that relate to the installation and use of 21/st/ Century's Collocated
equipment and facilities, 21/st/ Century shall modify its installation to
achieve compliance prior to turning up its equipment and facilities.
2.7 Ameritech shall have the right to make periodic inspections of 21/st/
Century's equipment and facilities occupying a Collocation space and
associated entrance conduit and riser space. Ameritech will notify 21/st/
Century in writing not less than two (2) Business Days in advance of such
inspections, and 21/st/ Century shall have the right to be present at the
time of such inspection. If 21/st/ Century is found to be in non-
compliance with the terms and conditions of this Agreement that relate to
the installation and use of 21/st/ Century's Collocated equipment and
facilities, 21/st/ Century must modify its installation to achieve
compliance.
3.0 Delivery of Virtual Collocation Space
3.1 Ameritech shall allow periodic inspections of Virtual Collocation
space where 21/st/ Century equipment is located.
Sch. 12.12 - 3
3.2 Ameritech shall ensure that all applicable alarm systems (e.g., power)
----
that support 21/st/ Century equipment are operational and the supporting
databases are accurate so that equipment that is in alarm will be properly
identified and notification shall be sent to 21/st/ Century as soon as
reasonably possible.
3.3 Virtual Collocation shall be provided in accordance with the terms and
conditions of Tariff F.C.C. No. 2, Section 16.3; provided, however, if any
-------- -------
provision of such tariff is inconsistent with the Act, the Act shall
govern.
SCHEDULE 12.15
COMMON REQUIREMENTS
The following requirements are applicable to both Physical and Virtual
Collocation:
1. Ameritech shall provide to 21/st/ Century any intraoffice facilities
that 21/st/ Century requests and that Ameritech provides by tariff or
contract to any carrier.
2. Ameritech shall allow for a Fiber Meet arrangement between the Parties'
networks and facilities at the DS0, DS1, DS3, OC3, OC12 and OC48 rates
pursuant to mutual agreement of the Parties.
3. 21/st/ Century may provide basic telephone service with a connection
xxxx for the Collocated space.
4. Ameritech shall provide adequate lighting, ventilation, power, heat,
air conditioning and other environmental conditions for 21/st/ Century's
space and equipment. These environmental conditions shall comply with
Bellcore Network Equipment-Building System (NEBS) standards TR-EOP-000063
or other standards upon which the Parties may mutually agree.
5. Ameritech shall provide access, where available, to eyewash stations,
shower stations, bathrooms and drinking water within the Collocated
facility on a twenty-four (24)-hours-per-day, seven (7)-days-per-week basis
for 21/st/ Century personnel and its designated agents.
6. Ameritech shall provide ingress and egress of fiber cabling to 21/st/
Century Collocated spaces.
7. Ameritech shall provide 21/st/ Century with written notice five (5)
Business Days prior to those instances where Ameritech or its
subcontractors may be performing non-emergency work that may affect the
Collocated space occupied by 21/st/ Century or the AC and DC power plants
that support 21/st/ Century equipment. Ameritech will inform 21/st/
Century by telephone of any emergency-related activity that Ameritech or
its subcontractors may be performing that may affect the Collocated space
occupied by 21/st/
Sch. 12.12 - 4
Century or the AC and DC power plants that support 21/st/ Century
equipment. Notification of any emergency-related activity shall be made as
soon as practicable after Ameritech learns that such emergency activity is
necessary.
8. 21/st/ Century shall not be required by Ameritech to relocate its
equipment during the Initial Term or any Renewal Term. If 21/st/ Century,
at Ameritech's request, agrees to relocate its equipment, then Ameritech
shall reimburse 21/st/ Century for any and all costs reasonably associated
with such relocation.
9. Should Ameritech sell or lease a Central Office or any portion thereof
to a third person during the Initial Term or any Renewal Term, Ameritech
shall require such third person to comply fully with the applicable terms
and conditions of this Agreement as they relate to such third person.
10. Power, as referenced in this Schedule 12.15, refers to any electrical
--------------
power source supplied by Ameritech for 21/st/ Century equipment. It
includes all superstructure, infrastructure and overhead facilities,
including cable, cable racks and bus bars. Ameritech will supply power to
support 21/st/ Century equipment at equipment specific DC and AC voltages
as mutually agreed upon by the Parties. Ameritech shall supply power to
21/st/ Century at parity with that provided by Ameritech to itself or to
any third person. If Ameritech performance, availability or restoration
falls below industry standards, Ameritech shall bring itself into
compliance with such industry standards as soon as technologically
feasible.
11. Subject to space limitations and 21/st/ Century's compliance with the
applicable request process and payment requirements of this Agreement,
Ameritech shall provide power to meet 21/st/ Century's reasonable needs for
placement of equipment, Interconnection or provision of service.
12. Both 21/st/ Century's power equipment and Ameritech's power equipment
supporting 21/st/ Century's equipment shall comply with applicable state
and industry standards (e.g., Bellcore, NEBS and IEEE) or manufacturer's
----
equipment power requirement specifications for equipment installation,
cabling practices and physical equipment layout.
13. Ameritech will provide 21/st/ Century with written notification within
ten (10) Business Days of any scheduled AC or DC power work or related
activity in the Collocated facility that poses a reasonable risk of or
causes an outage or any type of power disruption to 21/st/ Century
equipment located in the Ameritech facility. Ameritech shall provide
21/st/ Century prompt notification by telephone of any emergency power
activity.
14. Power plant alarms shall adhere to Bellcore Network Equipment-Building
System (NEBS) standards TR-EOP-000063.
Sch. 12.15 - 5
15. Cabling shall adhere to Bellcore Network Equipment-Building System
(NEBS) standards TR-EOP-000063.
16. Ameritech shall provide Lock Out Tag Out and other electrical safety
procedures and devices in accordance with OSHA or industry guidelines.
17. Ameritech shall, within ten (10) Business Days after receipt of the
Initial COBO Payment for Physical Collocation or within ten (10) Business
Days after the initial walkthrough for Virtual Collocation, provide 21/st/
Century with a copy of any existing drawings showing 21/st/ Century's
proposed Collocation space and any related Ameritech facilities, and
provide information relating to measurements for necessary 21/st/ Century
cabling that are not obtainable from the drawings. Any copies of drawings
shall be redacted so as not to provide proprietary information of other
carriers. So long as Ameritech charges other Telecommunications providers
for the provision of the foregoing drawings and information, 21/st/ Century
shall reimburse Ameritech for the costs, if any, incurred by Ameritech to
provide 21/st/ Century with such drawings and information.
SCHEDULE 12.16
ADDITIONAL REQUIREMENTS APPLICABLE TO PHYSICAL COLLOCATION
The following additional requirements shall be applicable to Physical
Collocation only:
1. Subject to space limitations and 21/st/ Century's compliance with the
applicable request process and payment requirements for the space, Ameritech
shall provide space, as requested by 21/st/ Century, to meet 21/st/ Century's
needs for placement of equipment necessary for Interconnection and access to
Network Elements.
2. Ameritech shall allow requests for contiguous space in increments of
100 ft/2/ if the space is not subject to outstanding requests by other
Telecommunications Carriers.
3. Other than reasonable security restrictions, Ameritech shall place no
restriction on access to the 21/st/ Century Collocated space by 21/st/ Century's
employees and designated agents. Such space shall be available to 21/st/
Century designated agents twenty-four (24) hours per day each day of the week.
In no case should any reasonable security restrictions be more restrictive than
those Ameritech places on its own personnel or independent contractors.
4. For each building in which Collocated space is provided and upon
request by 21/st/ Century for that building, Ameritech will, at its option,
either certify that the building complies with all applicable environmental,
health and safety regulations or complete an Environmental, Health & Safety
Questionnaire provided by 21/st/ Century. 21/st/ Century may provide this
questionnaire with its request for Collocation, and Ameritech shall return it or
the applicable certification to 21/st/ Century within ten (10) Business Days
after Ameritech's receipt thereof.
Sch. 12.15 - 6
5. Ameritech shall permit 21/st/ Century to install, on equipment node
enclosures, an intrusion alarm that can be remotely monitored by 21/st/
Century's work center; provided, however, that no such 21/st/ Century-installed
-------- -------
equipment shall interfere with the existing use of the Central Office.
6. 21/st/ Century shall not require advance approval from Ameritech to
make improvements or alterations to the Collocated equipment configuration that
are not substantial and do not require additional power.
7. Central Office power supplied by Ameritech into the 21/st/ Century
equipment area shall be supplied in the form of fused power feeds from
Ameritech's main power distribution board to 21/st/ Century's BDFB located in
the designated 21/st/ Century equipment area. The power feeders (cables) shall
efficiently and economically support the requested quantity and capacity of
21/st/ Century equipment. The termination location shall be as mutually agreed
upon by the Parties.
8. Ameritech power equipment supporting 21/st/ Century's equipment shall:
(a) Provide appropriate Central Office ground, connected to a ground
electrode located within the 21/st/ Century Collocated space, at a
level above the top of 21/st/ Century's equipment plus or minus two
(2) feet to the left or right of 21/st/ Century's final request; and
(b) Provide feeder capacity and quantity to support the ultimate
equipment layout for 21/st/ Century equipment upon completion of the
equipment node construction in accordance with 21/st/ Century's
request for Collocation.
PRICING SCHEDULE -- ILLINOIS
ITEM I -- 9-1-1 Service
-----------------------
See Exhibit PS-I
ITEM II -- Reciprocal Compensation/Transiting
---------------------------------------------
A. End Office Local Termination $0.005000 per minute
B. Tandem Switching $0.000956 per minute
C. Tandem Transport Termination $0.000193 per minute
D. Tandem Transport Facility Mileage $0.000012 per minute/mile
Sch. 12.16 - 7
ITEM III -- Information Services Traffic
----------------------------------------
Information Services Billing and Collection: $0.03 per message
ITEM IV -- BLV/BLVI Traffic
---------------------------
A. Busy Line Verification (BLV): $0.924 per use
B. Busy Line Verification Interrupt (BLVI): $1.079 per use
(in addition to BLV charge)
ITEM V -- Unbundled Network Elements
------------------------------------
1. Unbundled Loop Rates
1. Recurring Rates
Monthly Rates
Access Area/1/
A B C
2-Wire Analog ----------------------------
Basic $3.72 $10.02 $11.53
Ground Start $3.75 $10.58 $12.27
COPTS Coin [low priority] $3.76 $10.83 $12.56
Electronic Key Line [low priority] $3.94 $13.95 $16.64
4-Wire Analog $7.35 $22.97 $27.38
Digital
ISDN - 2-Wire $3.79 $11.44 $13.54
4-Wire 64 Kbps $58.80 $57.73 $56.10
4-wire 1.544 mbps $69.54 $86.62 $85.91
2-Wire ADSL-Compatible $3.72 $10.02 $11.53
2-Wire HDSL-Compatible $3.72 $10.02 $11.53
4-Wire HDSL-Compatible $7.35 $22.97 $27.38
----------------------
/1/ "Access Area" is as defined in Ameritech's applicable tariffs for business
and residential Exchange Line Services.
Illinois Pricing Schedule -- 8
Cross Connect Charge
(additional, per cross connect):
2-wire $0.15
4-wire $0.30
6-wire $0.49
8-wire $0.60
DS1 $5.19
DS3 $0.76
Service Coordination Charge $1.14
2. Non-Recurring Rates
Service Order--Establish Change: $14.7/2/
(Business or Residence)
Line Connection: $36.54/3/
(Business or Residence)
B. NID/4/ No charge
Non-Recurring Monthly
------------------------
C. Switching
1. Unbundled Local Switching
A. Custom Routing
- per new LCC, per switch $232.24 -
B. ULS Ports
- Basic Line Port, per port - $6.41
- Ground Start Line Port, per port - $6.98
- COPTS-Coin Line Port, per port - $6.98
------------------
/2/ The Service Order Charge is a per occasion charge applicable to any number
of Loops ordered for the same location and same Customer account.
/3/ The Line Connection Charge applies to each Loop.
/4/ Access to Network Interface Device for Accessing Customer Premises Wiring
(Inside Wire).
Illinois Pricing Schedule -- 9
- ISDN-Direct Port, per port - $ 30.74
per telephone number - $ 0.01
- DID Trunk port, per port [low priority] - $ 13.62
per telephone number - $ 0.01
add/rearrange each termination - -
- ISDN Prime Trunk Port, per port - $155.73
per telephone number - $ 0.01
add/rearrange channels - -
- Digital Trunking Trunk Port, per port - $105.09
[low priority]
- Custom Routing Port, per port - -
per individual trunk termination - $ 59.10
- Centrex Basic Line Port, per port - $ 10.96
- Centrex ISDN Line Port, per port - $ 30.74
- Centrex EKL Line Port, per port - $ 30.90
- Centrex Attendant Console Line Port,
per port - $ 94.78
C. Centrex System Charges
- System Features, per common block - $331.93
- Common Block establishment, each $487.48 -
- System features change or
rearrangement, per feature,
per occasion $ 67.18 -
- System feature activation, per
feature, per occasion $259.11 -
2. Service Charges
Initial Port Connection Charge - Line Port $ 64.57 -
Initial Port Connection Charge - Attendant
Console Port $129.15 -
Initial Trunk Port Connection Charge $770.29 -
Illinois Pricing Schedule -- 10
Subsequent Port Connection Charge $ 29.16 -
Service Ordering Charges
- Initial
-------
Line port, per occasion $ 17.37 -
Trunk port, per occasion $398.73 -
- Subsequent
----------
per occasion $ 17.37 -
- Record Order per occasion $ 15.97 -
Conversion Charge
- change from one type of line-port to
another, per each changed $ 59.36 -
Ameritech Cross-Connection Service per
carrier transport facility,
- 2-Wire (Line port), each $ .15 -
- DSI (Trunk port) (each individual trunk) $ 5.19 -
3. Service Coordination Fee
- per xxxxxxx xxxx, per switch - $ 1.14
4. Subsequent Training
- per Company person, per hour $ 80.11
5. ULS Usage
- Billing Development $35,328.87 -
Minute-of-Use
-------------
- Per minute-of-use or fraction thereof - .002962
D. Unbundled Tandem Switching
Tandem Trunk (DS1) - $120.21
Unbundled Trunk Port Features - $ 13.53
Service Order Charge $398.73 -
Line Connect Charge per DS1 $770.29 -
Illinois Pricing Schedule -- 11
Subsequent Changes $ 29.16 -
DS-1 Cross Connect - $ 5.19
Per Minute
----------
Usage Without Tandem Trunks $0.000378
E. Interoffice Transmission Facilities DS1
1. Entrance Facility
- Per Point of Termination Terminating
Bit Rate 1.544 Mbps
Area A $ 69.54
Area B $ 86.62
Area C $ 85.91
2. Interoffice Mileage Termination
- Per Point of Termination
1.544 Mbps
Area A $ 16.29
Area B $ 16.29
Area C $ 16.29
Interoffice Milage
- Per mile
1.544 Mbps
Area A $ 1.75
Area B $ 1.75
Area C $ 1.75
3. Optional Features and Functions
(a) Clear Channel Capability
- Per 1.544 Mbps Circuit Arranged
Area A $448.20
Area B $448.20
Area C $448.20
Illinois Pricing Schedule -- 12
(b) Interconnection Central Office Multiplexing
- DS1 to Voice/Base Rate/128.0, 256.0,
384.0 Kbps Transport
Area A $276.28
Area B $276.28
Area C $276.28
F. Interoffice Transmission Facilities - DS3
1. Entrance Facility
- Per Point of Termination
(a) DS3 with Electrical interface
- Per Termination
Area A $630.31
Area B $715.89
Area C $697.49
2. Interoffice Mileage Termination
- Per Termination
- Electrical
Area A $203.61
Area B $203.61
Area C $203.61
Interoffice Mileage
- Per Mile
Area A $ 37.94
Area B $ 37.94
Area C $ 37.94
Illinois Pricing Schedule -- 13
3. Optional Features and Functions
(a) Interconnection - Central Office Multiplexing
- Per Arrangement
- DS3 to DS1
Area A $598.53
Area B $598.53
Area C $598.53
G. Interoffice Transmission Facilities - OC-3
1) Entrance Facility
- Per Point of Termination Terminating Bit
Rate 155.52 Mbps $1,607.00
2) Interoffice Mileage Termination
- Per Point of Mileage Termination 155.52 Mbps $469.00
Interoffice Mileage
- Per Mile 155.52 Mbps $250.00
3) Optional Features and Functions
a) OC-3 Add/Drop Multiplexing
- Per arrangement $1,107.00
b) Add-Drop Function
- Per DS3 Add or Drop $120.00
- Per DS1 Add or Drop $ 50.00
c) 1+1 Protection
- Per OC-3 Entrance Facility $ 57.00
d) 1+1 Protection with Cable Survivability
- Per OC-3 Entrance Facility $ 57.00 $500.00
e) 1+1 Protection with Route Survivability
Illinois Pricing Schedule -- 14
1) Per OC-3 Entrance Facility Apply Rates and Charges
as (c) above plus (2) below
2) Per Quarter Route Mile $ 50.00
H. Interoffice Transmission Facilities - OC-12
1) Entrance Facility
- Per Point of Termination Terminating Bit
Rate 622.08 Mbps $4,000.00
2) Interoffice Mileage Termination
- Per Point of Mileage Termination
622.08 Mbps $700.00
Interoffice Mileage
- Per Mile 622.08 Mbps $500.00
3) Optional Features and Functions
a) OC-12 Add/Drop Multiplexing
- Per arrangement $2,750.00
b) Add/Drop Function
- Per OC-3 Add or Drop $150.00
- Per DS3 Add or Drop $120.00
c) Cross-Connection of Services OC-12 to
OC-12 Cross-Connect
- Per Circuit $550.00
d) 1+1 Protection
- Per OC-12 Entrance Facility $250.00
e) 1+1 Protection with Cable Survivability
- Per OC-12 Entrance Facility $250.00 $600.00
f) 1+1 Protection with Route Survivability
Illinois Pricing Schedule -- 15
1) Per OC-12 Entrance Facility Apply Rates and Charges as
(d) above plus (2) below
2) Per Quarter Route Mile $ 75.00
I. Interoffice Transmission Facilities - OC-48
1) Entrance Facility
- Per Point of Termination Terminating Bit
Rate 2488.32 Mbps $8,000.00
2) Interoffice Mileage Termination
- Per Point of Mileage Termination
2488.32 Mbps $1,575.00
Interoffice Mileage
- Per Mile 2488.32 Mbps $550.00
3) Optional Features and Functions
a) OC-48 Add/Drop Multiplexing
- Per arrangement (not to exceed 12 DS3s
or equivalent) $1,375.00
b) Add/Drop Function
- Per OC-12 Add or Drop $375.00
- Per OC-3 Add or Drop $150.00
- Per DS3 Add or Drop $120.00
c) Cross-Connection of Services OC-48
to OC-48 Cross-Connect
- Per Circuit $1,100.00
d) 1+1 Protection
- Per OC-48 Entrance Facility $1,175.00
e) 1+1 Protection with Cable Survivability
- Per OC-48 Entrance Facility $1,175.00 $700.00
f) 1+1 Protection with Route Survivability
Illinois Pricing Schedule -- 16
1) Per OC-48 Entrance Facility Channel Apply Rates and Charges as
(d) above plus (2) below
2) Per Quarter Route Mile $100.00
J. Installation and Rearrangement Charges for Interoffice Transmission
Facilities
Design and Central Carrier Connection
Administration Office Connection Charge Per
Charge, Per Order Charge, Per Circuit Termination
----------------- ------------------- ------------------
DS1 Service
1.544 Mbps
Area A $408.05 $636.43 $588.93
Area B $408.05 $636.43 $588.93
Area C $408.05 $636.43 $588.93
DS3 Service
44.736 Mbps
Area A $308.81 $675.22 $379.09
Area B $308.81 $675.22 $379.09
Area C $308.81 $675.22 $379.09
OC-3 Service
155.52 $ 50.00 $375.00 $450.00
OC-12 Service
622.08 Mbps $ 50.00 $375.00 $450.00
OC-48 Service
2488.32 Mbps $ 50.00 $500.00 $600.00
Illinois Pricing Schedule -- 17
K. Signaling Networks and Call-Related Databases
1. Signaling Networks
Signaling Link IL.C.C. 21 Section No. 8
Port Termination $267.82 (monthly)
Signaling Switching ISUP $0.000143 per message
Signal Transport ISUP $0.000086 per message
Signal Formulation ISUP $0.000459 per message
Signal Tandem Switching ISUP $0.000312 per message
Signal Switching TCAP $0.000118 per message
Signal Transport TCAP $0.000058 per message
Signal Formulation TCAP $0.000325 per message
Non-Recurring Costs NRCs
Port Termination $666.37
Originating Point Code
per service added or changed $ 23.09
Global Title Address Transfer
per service added or changed $ 12.41
2. Call-Related Databases
Unbundled Local Switching Interconnection
-----------------------------------------
-800DB Call-Routing Query $0.002654
-800DB Routing Options $0.000773
Local STP Interconnection
-------------------------
-800DB Carrier-ID-Only $0.001286
-800DB Routing Options $0.000228
Regional STP Interconnection
----------------------------
-800DB Carrier-ID-Only $0.001208
-800DB Routing Options $0.000149
Illinois Pricing Schedule -- 18
Carrier-Provided Operator Services
----------------------------------
Interconnection at local STP
-LIDB Validation $0.015733
-LIBD Transport $0.000090
-Out-of-Region-Query $0.057625
Interconnection at regional STP
-LIDB Validation $0.015733
-LIBD Transport $0.000000
Unbundled Operator Services
---------------------------
-LIDB Validation $0.015733
-LIBD Transport $0.000634
-Out-of-Region-Query $0.058169
3. Service Management Systems
Access to Databases - to the extent technically feasible, based on TELRIC
-------------------
costs, via the Bona Fide Request process.
L. Operator Services and Directory Assistance
1. Operator Services
Manual Call Assistance Occurrences - rates will apply based on the
----------------------------------
total monthly volume and a LIDB charge will apply separately to all
occurrences requiring billing validation.
$0.362 per occurrence
Automated Call Assistance Occurrences - rates will apply based on the
-------------------------------------
total monthly volume, and a LIDB charge will apply separately to all
automated occurrences.
$0.022 per occurrence
Branding per trunk group - $916.08 non-recurring charge
2. Directory Assistance
Branding is a one-time charge assessed, on a per trunk group basis, for
the mechanized front-end branding of Directory Assistance calls.
Illinois Pricing Schedule -- 19
Information Call Completion rates apply on a completed call basis. In
addition to the charge for Information Call Completion, normal Directory
Assistance charges, and applicable usage charges apply, if the call is
completed on the Company's network. If a call is not completed, only the
appropriate charge for Directory Assistance Service will apply.
Rates do not include custom routing, unbundled network elements, end
office or tandem switching (where requested).
Per Call Charge Price Non-Recurring
-------- ------ ----- -------------
Information Call Completion, per $0.023
completed call
Branding, per trunk group/5/ $916.08
Monthly Payment
Term Payment Plans
================================================================================
Description 1 Month 12 Months 24 Months 36 Months
--------------------------------------------------------------------------------
Directory Assistance, $.255 $.255 $.255 $.255
Term Payment Plan,
rate per call
================================================================================
The minimum period for the Term Payment Plan is one month, unless otherwise
specified. The month-to-month price is subject to Company initiated changes.
3. Directory Assistance Facilities
Access to Databases - To the extent technically feasible, based on
-------------------
TELRIC costs, via the Bona Fide Request process.
M. Rates for Maintenance.
-------------------
/5/ When branding service is provided on a combined toll and assist Operator
Service and Directory Assistance trunk group basis, as technically
feasible, a single branding charge will apply. The telecommunications
carrier is also responsible for the rates applicable to custom routing,
transport and any other services or network elements it orders to deliver
its traffic to the Company's switch on separate direct trunks.
Illinois Pricing Schedule -- 20
1. Trip Charge - $69.27 per trouble dispatch
2. Time Charge - $28.52 per quarter hour with a quarter hour minimum and
quarter hour increments.
N. Combinations.
Non-Recurring
Monthly Charge
------- ------
1. Loop/Network Combination $___ $___
2. Switching Combination No. 1 $___ $___
3. Unbundled Element Platform $___ $___
--------------------------
O. Common Transport
----------------
ITEM VI -- Wholesale Resale Services
------------------------------------
A. See Schedule 10.1
ITEM VII -- Collocation
-----------------------
See Exhibit PS-VII
ITEM VIII -- Structure
----------------------
See Exhibit PS-VIII
ITEM IX -- SERVICE PROVIDER NUMBER PORTABILITY
----------------------------------------------
I.N.C. /6/ Per Month /6/
------ ---------
A. SPNP-Remote
per number ported $0.00___ $0.00___
---------------------
/6/ Rates suspended pending commission approval of a competitively neutral
cost recovery mechanism.
Illinois Pricing Schedule -- 21
per additional call path (1-5) $0.00___ $0.00___
per additional call path (6-90) $0.00___ $0.00___
B. SPNP-Direct
Service Establishment Charge
per SPNP-Direct Trunk group, per switch $0.00___ $0.00___
SPNP-Direct Channel Termination charges,
per SPNP-Direct VG channel termination $0.00___ $0.00___
per SPNP-Direct DS1 channel termination $0.00___ $0.00___
SPNP-Direct Number Charges, per number ported $0.00___ $0.00___
SPNP-Direct Transport Charges,
per SPNP-Direct VG transport $0.00___ $0.00___
per SPNP-Direct VG w/o transport $0.00___ $0.00___
per SPNP-Direct DS1 transport $0.00___ $0.00___
per SPNP-Direct DS1 w/o transport $0.00___ $0.00___
Subsequent additions, deletions or
rearrangement of SPNP-Direct trunk
terminations in addition to above charges
per occasion $0.00___ $0.00___
EXHIBIT PS-I
RATE TABLE -- ILLINOIS
E911 SERVICES PROVIDED:
Automatic Number Identification (ANI), Automatic Location Identification (ALI)
and selective routing (SR), charge per 100 Access Lines/1/ serviced by the E911
Network: $29.62 per month.
--------------------
/1/ Or fraction thereof. The minimum charge will be based upon 100 Access
Lines. Number of Access Lines applicable will include all lines contained
within the ALI/DMS database, including those that are outside of the
Customer's geographical boundary jurisdiction, but within Requesting
Carrier's exchange boundary and set for routing via the E911 network.
Illinois Pricing Schedule -- 22
The per 100 Access Lines charge will include the following number of trunks per
trunk group between the Ameritech Central Office and Ameritech Control Offices
deemed sufficient to accommodate traffic:
===========================================================
Trunks provided at
Access Lines no additional charge
-----------------------------------------------------------
01 - 1,500 = 2 Trunks
-----------------------------------------------------------
1,501 - 7,500 = 3 Trunks
-----------------------------------------------------------
7,501 - 18,500 = 4 Trunks
-----------------------------------------------------------
18,501 - 33,500 = 5 Trunks
===========================================================
Should Exchange Carrier desire more trunks than those described above, Exchange
Carrier shall acquire such additional trunks from Ameritech at rates, terms and
conditions provided in Ameritech's tariffs.
Optional Manual Update: Update of the ALI/DMS data base from paper copies of
service order activity furnished by Exchange Carrier,
charge per updated record: $6.66
Address and Routing File: $276.55 per request per NPA (per quarter)/2/
E9-1-1 Control Office $1,314.83 non-recurring charge per
Software Enhancement - E9-1-1 Control Office
Connection Charge
SERVICES PROVIDED
A. Exchanges covered by Agreement:
Ameritech shall provide E911 Service described in Section 3.9 and Schedule
----------- --------
3.9 and selected by Requesting Carrier in the Exchange Area(s) in which both of
---
the following conditions are met: (1) Requesting Carrier is authorized to
provide local exchange services in such Exchange Area(s), and (2) Ameritech is
the 911 service provider in such Exchange Area(s).
B. Requesting Carrier Updates:
------------------
/2/ This charge applies for entire NPA or fraction thereof.
Illinois Pricing Schedule -- 23
If Requesting Carrier elects to furnish daily updates to the Customer
information contained within the Requesting Carrier database, Ameritech will
provide Requesting Carrier with the proper address to which updates should be
sent.
COLLOCATION
EXHIBIT PS-VII
PHYSICAL COLLOCATION -- ILLINOIS
Non-Recurring Monthly
Charges Recurring
------------- ---------
Order Charge/Per Order $ 302.30 --
Central Office Build Out
- per Initial 100 sq. ft.
Floor Space Request/C.O. $33,788.47 --
- per Add'l 100 sq. ft.
Floor Space Request/C.O. $13,148.87 --
Cable Vault Splicing/per Initial splice $ 205.57 --
Cable Vault Splicing/per Subsequent splice $ 15.24 --
Splice Testing/per Initial Splice Test $ 47.16 --
Splice Testing/per Subsequent Splice Test $ 2.77 --
Cable Pulling from Manhole to Cable Vault/
per First foot $ 223.06 --
Cable Pulling from Manhole to Cable Vault/
per Add'l foot $ 1.11 --
Cable Pulling from Cable Vault to the
transmission node/per First foot $ 83.24 --
Cable Pulling from Cable Vault to the
transmission node/per add'l foot $ 0.83 --
Power Delivery/per Power Lead $ 1,802.17 --
Transmission Node Enclosure/
per initial 100 sq. feet $ 4,554.43 --
Illinois Pricing Schedule -- 24
Non-Recurring Monthly
Charges Recurring
------------- ---------
Transmission Node Enclosure/
per Add'l 100 sq. feet $ 1,798.67
Diverse Riser/per Floor Traversed $ 553.40 --
Space Reservation Charge/per Each request $ 785.91 --
Central Office Floor Space/per 100 sq. ft. -- $878.34
Riser Space/Foot -- $ 1.33
Entrance Conduit/per Innerduct per foot -- $ 0.07
Power Consumption/per Fuse AMP -- $ 6.87
200 Conductor Electrical Cross Connect Block -- $ 63.68
Digital Cross-Connect Panel (DSX-3)/per DS-3
Termination -- $ 15.16
Digital Cross-Connect Panel/per DSX-1 Panel
(Up to 56 DS-1 Term) -- $ 47.49
Optical Cross-Connect Panel/per OCX Panel Segment -- $ 5.16
Passive Bay Termination (Bay and Panel)/
DS-1 Termination -- $ 0.53
Passive Bay Termination (Bay and Panel)/
DS-3 Termination -- $ 6.82
200 Electrical Conductor Termination Block
(Located Outside Transmission Node)/per Each -- $ 63.68
Digital Timing Source/per Synchronization
Signal Provided -- $ 12.77
DS-1 Repeater -- $ 5.92
DS-3 Repeater -- $ 34.39
COLLOCATION
EXHIBIT PS-VII
VIRTUAL COLLOCATION -- ILLINOIS
Illinois Pricing Schedule -- 25
COLLOCATION
EXHIBIT PS-VII
VIRTUAL COLLOCATION -- ILLINOIS
Non-Recurring Monthly
Charges Recurring
------------- ---------
Service Order $ 114.63 --
Optical Line - Cable Vault Splicing/
per Initial Splice $ 205.57 --
Optical Line - Cable Vault Splicing/
per Subsequent Splice $ 15.24 --
Optical Line - Splicing Test/
per Initial Splice $ 47.16 --
Optical Line - Splicing Test/
per Subsequent Splice Test $ 2.77 --
Optical Line - Cable Pulling - Manhole to Vault/
per First Foot $ 223.06 --
Optical Line - Cable Pulling - Manhole to Vault/
per Add'l Foot $ 1.11 --
Optical Line - Cable Pulling - Vault to LGX Panel/
per First Foot $ 83.24 --
Optical Line - Cable Pulling - Vault to LGX Panel/
per Add'l Foot $ 0.83 --
Optical Line - Diverse Riser/per Floor Traversed $ 553.40 --
Project Management Fee/per Initial 7' Bay
Installed on Initial or Subsequent Order $3,143.65 --
Illinois Pricing Schedule -- 26
COLLOCATION
EXHIBIT PS-VII
VIRTUAL COLLOCATION -- ILLINOIS
Non-Recurring Monthly
Charges Recurring
------------- ---------
Project Management Fee/per Initial 7' Bay
Installed on Initial or Subsequent Order/
per Add'l 7' Bay Installed on Initial
or Subsequent Order $1,571.82 --
Project Management Fee/
per Initial Shelf Installed on Subsequent Order $2,357.74 --
Project Management Fee/
per additional shelf installed on subsequent order $1,414.64 --
Project Management Fee/
per Bay Rearrangement and/or Miscellaneous Work $1,886.19 --
Power Delivery/per 7' Bay Installed $1,802.17 --
Thru-Connect per DSX-1 to DSX-1 $ 7.00 $ 0.19
Thru-Connect per OCX to OCX $ 7.00 $ 1.34
7' Bay (Company Provided)/per Bay $ 393.21 $38.09
7' Bay (Customer Installed/Pre-Packaged)/per Bay -- $32.88
Optical Line - Entrance Facility/per Foot -- $ 0.07
Optical Line - Riser Space/per Foot -- $ 0.30
Optical Line - Riser Space/per Fiber Termination -- $ 1.51
Power Consumption/per Fuse AMP -- $ 6.87
200 Electrical Conductor Cross-Connect Block/
per Block -- $63.68
Digital Cross-Connect Panel/
per DS-3 Termination -- $15.16
Illinois Pricing Schedule -- 27
COLLOCATION
EXHIBIT PS-VII
VIRTUAL COLLOCATION -- ILLINOIS
Non-Recurring Monthly
Charges Recurring
------------- ---------
Digital Cross-Connect Panel/
per DS-1 Panel (up to 56 DS-1 Terminations) -- $47.49
Optical Cross-Connect Panel/
per Panel Segment -- $ 5.16
Digital Timing Source per Timing Circuit -- $ 2.54
EXHIBIT PS-VIII
Illinois Pricing Schedule -- 28
EXHIBIT PS-VII
STRUCTURE PRICING
POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS
Nonrecurring Charge Per Year
------------------- --------
Administrative Fee
- per request or assignment $ 200.00
Pole Attachment Fee
- per pole, per year for each one foot of
usable space occupied and for each power
supply or equipment case or cabinet
attached to a pole $2.36
Conduit Attachment Fee
- per foot of innerduct occupied per year $.41/3/
---------------------
/3/ If an Attaching Party occupies an entire duct, the Attachment Fee shall be
two (2) times the rate per innerduct foot for the Attachment.
Illinois Pricing Schedule -- 29
