TELECOMMUNICATION FACILITY INTERCONNECTION AGREEMENT
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PURSUANT TO THIS TELECOMMUNICATION FACILITY INTERCONNECTION AGREEMENT
("Agreement") for wireline interconnection, GTE California Inc. (GTEC), with its
address for purposes of this Agreement at Xxx XXX Xxxxx, Xxxxxxxx Xxxx,
Xxxxxxxxxx, and Pac-West Telecomm Inc. (Pac-West) with its address for the
purposes of this Agreement at 0000 Xxxxxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxx
(collectively, "the Parties") will extend certain arrangements to one another
within each LATA in which they both operate within the State of California, as
described and according to the terms, conditions, and pricing specified
hereunder. The Parties enter into this Agreement without prejudice to any
positions they have taken previously, or may take in the future in any
legislative, regulatory, or other forum.
This Agreement shall at all times be subject to such changes or modifications by
the California Public Utilities Commission (CPUC or Commission) or Federal
Communication Commission as either may, from time to time, direct the exercise
of its jurisdiction. If any such modifications renders the Agreement inoperable
or creates any ambiguity or requirement for further amendment to the Agreement,
the Parties will negotiate in good faith to agree upon any necessary amendments
to the Agreement.
ARTICLE 1
RECITALS
WHEREAS, The Telecommunications Act of 1996, signed into law February 8,
1996, --(Pub.L. NO.104-104), gives to the Commission and to the Federal
Communications Commission the authority to promulgate rules and regulations in
accordance therewith; and
WHEREAS, Pac-West and GTE intend to act in accordance with the
requirements, duties and obligations and rights contained in the
Telecommunications Act of 1996 and with any rules and regulations promulgated
thereunder, and
WHEREAS, GTE and Pac-West desire to enter into arrangements for
interconnectivity between their respective common carrier networks, for the
purposes of terminating traffic on each other's network; and
WHEREAS, in the service of inter-operability, the Parties should be able to
efficiently exchange traffic and signaling at well-defined and standardized
points of mutually agreed interconnection;
NOW, THEREFORE, in consideration of the mutual provisions contained herein
and good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged. "GTEC" and Pac-West hereby covenant and agree as follows:
ARTICLE 2
DEFINITIONS
2.01 "Automatic Number Identification" or " ANI" is a signaling parameter
which refers to the number transmitted through the network identifying
the billing number of the calling party.
2.02 "Calling Party Number" or CPN is a Common Channel Signaling parameter
which refers to the number transmitted through the network
identifying the calling party.
2.03 "Centum Call Seconds (CCS) is a traffic measurement wherein a scan
interval of 100 seconds is used to record usage.
2.04 "End Office Switches" which are Class 5 switches from which end user
Exchange Services are directly connected and offered.
2.05 "Tandem Office Switches" are Class 4 switches which are used to
connect and switch trunks between and among other network Switches.
One Switch may be employed as combination End Office/Tandem Office
switches (combination Class 5/Class 4).
2.06 "Commission" or "CPUC" means the California Public Utilities
Commission.
2.07 "Common Channel Signaling" or "CCS" denotes a method of digitally
transmitting call set-up and network control data over a special
network fully separate from the public switched network that carries
the actual call.
2.08 "Cross Connection" means an intra-wire center channel connecting the
parties' separate pieces of telecommunications equipment.
2.09 "DS1" is a digital signal rate of 1.544 Mbps.
2.10 "DS3" is a digital signal rate of 44.736 Mbps.
2.11 "Electronic File Transfer" refers to any system/process which utilizes
an electronic format and protocol to send/receive data files.
2.12 "Exchange Message Record" or "EMR" is the standard used for the
exchange of telecommunications message information among Local
Exchange Carriers for billable, non-billable, sample, settlement and
study data. EMR format is contained in BR-010-200-010-XXXX Exchange
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Message Record, a Bellcore document which defines industry standards
for exchange message records.
2.13 "Exchange Service" means a service offered to end users which provides
the end user with a telephonic connection to, and a unique local
telephone number address on, the public switched telecommunications
network, and which enables such end user to generally place calls to,
or receive calls from, all other stations on the public switched
telecommunications network. Exchange services includes, but not
limited to basic residence and business line service PBX-trunk,
CentraNet(sm) line service and ISDN line services. Exchange Service
does not include Private Line, Toll, Switched and Special Access
Services.
2.14 "Interconnection" denotes the physical interconnection of transmission
facilities used by parties to operate their respective communication
networks. Unless expressly agreed to otherwise, the facilities will be
fiber transmission facilities. The architecture in interconnection may
include several methods, including, but not limited to: virtual
expanded interconnection service (EIS) as provided in GTEC's CPUC
Tariff Schedule C-1, Section 17, mid-span meet, tarriffed special
access services, and transmission capacity furnished by third parties.
2.15 "Interexchange Carrier" or "IXC" means a provider of stand-alone
interLATA telecommunications services.
2.16 "ISDN" means Integrated Services digital network which is a switched
network service providing end-to-end digital connectivity for the
simultaneous transmission of voice and data. ISDN is provisioned end-
to-end pursuant to TR-444.
2.17 "Local Exchange Traffic" means Zone Usage Measurement ("ZUM") Xxxx 0,
Xxxx 0, Xxxx 3 and Extended Area Service Calls.
2.18 "Local Exchange Carrier" or "LEC" and "Competitive Local Exchange
Carrier" or "CLC" shall have the meanings as set forth in Commission
rules for Local Competition, D. 00-00-000, App. A., Sections 3.A and
B, respectively.
2.19 "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
Telecommunication Industry Solutions ("ATIS"). The
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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.
2.20 "MECOD" refers to the Multiple Exchange Carriers Ordering and Design
("MECOD") Guidelines for Access Services - Industry Support Interface,
a document developed by the Ordering/Provisioning Committee under the
auspices of the Ordering and Billing forum ("OBF"), which functions
under the auspices of the Carrier Liaison Committee ("CLC") of the
alliance for Telecommunications Industry solutions ("ATIS"). The MECOD
document published by Bellcore as Special Report SR STS-002643,
established methods for processing orders for access service which is
to be provided by two or more LECs.
2.21 "Meet-Point-Billing" or "MPB" refers to an arrangement whereby GTE and
Pac-West jointly provide facilities between a GTE tandem switch and an
PAC-West end office switch (or vise versa) in order to provide
switched access service to one or more interexchange carriers. MPB
establishes the procedures to xxxx the interexchange carriers for the
jointly provided switched access.
2.22 "Mid-Span Fiber Meet" is an interconnection architecture whereby two
carriers mutually agree to jointly plan and engineer their facility
meet-point at a designated manhole or junction location by means of a
fiber splice transmission facility.
2.23 "NANP" means the "North America Numbering Plan", the system of
telephone numbering employed in the United States, Canada and the
Caribbean countries which employ NPA 809.
2.24 "Numbering Plan area" or "NPA" is also sometimes referred to as an
area code. This is the three digit indicator which is defined by the
"A", "B", and "C" digits of each 10-digit telephone number within the
North American Numbering Plan ("NANP"). Each NPA contains 800 possible
NXX Codes. There are two general categories of NPA, "Geographic NPA"
and Non-Geographic NPAs". A "Geographic NPA" is associated with a
defined geographic area, and all telephone numbers bearing such NPA
are associated with services provided within that geographic area. A
"Non-Geographic NPA", also known as a "Service Access Code" or SAC
Code" is typically associated with a specialized telecommunications
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service which may be provided across multiple geographic NPA
area; 800,900,700, and 888 are examples of Non-Geographic NPAs.
2.25 "NXX", "NXX Code", "Central Office Code" or "CO Code" is the
three digit switch entity indicator which is defined by the "D",
"E", and "F" digit of a 10-digit telephone number within the
North America Numbering Plan ("NANP"). Each NXX Code contains
10,000 station numbers. Historically entire NXX code blocks have
been assigned to specific individual local exchange end office
switches.
2.26 "Percent of Local Usage" (PLU) is a calculation which represents
the ratio of local minutes to the sum of local and intralata toll
minutes between exchange carriers sent over Local Interconnection
Trunks. Directory Assistance, BLV/BLVI, 900, 967 transiting calls
from other exchange carriers or wireless carriers and switched
access calls are not included in the calculation of PLU.
2.27 "Point of Interconnection (POI)" denotes the physical equipment
interface that establishes the technical interface, the test
point and the point of operational responsibility hand-off
between GTE and the CLC for the Local Interconnection of their
networks. The splice point at a mid-span fiber meet is not a POI.
2.28 "Rate Center" means a specific geographic point associated with a
specific geographic area, and the NPA-NXX(s) that service that
area, for the provision of local exchange service. The rate
center point is identified by V and H coordinates. It is used to
classify end user traffic as toll or local and to calculate
mileage for distance sensitive end user rates based on the
originating and terminating rate centers.
2.29 "Routing Point" means a location which a LEC or CLC has
designated on its own network as the homing (routing) point for
traffic inbound to Exchange Services provided by the LEC or CLC
which bear a certain NPA-NXX designation. The Routing Point is
employed to calculate mileage measurements for the distance
sensitive transport element charges of Switched Access Services.
The Routing Point need not be the same as the Rating Point, nor
must it be located within the rate center area, but must be in
the same LATA as the NPA-NXX.
2.30 "Referral Service" means a process in which calls are
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Pac-West Pac-West POI GTE Access
Switches Routing Point Tandem
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LSANCARC9KD LSANCARC9KD SNMNCAXP SNMNCAXP43T
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LSANCARC0KD LSANCARC0KD SNMNCAXP LNBHCAXP45T
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LSANCARCAKD LSANCARCAKD LSANCAXP THOKCAXF81T
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LSANCARCBKD LSANCARCBKD SNMNCAXP ONTRCAXP80T
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SNBBCAMC0KD SNBBCAMC0KD SNBBCAXF SNBBCAXF83T
--------------------------------------------------------------------------------
PLSPCAXG1KD PLSPCAXG1KD PLSPCAXG PLSPCAXG88T
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3.03 Connection at All GTE Tandems Within Each LATA:
Pac-West will connect with each and every GTE access tandem in
the LATA(s) in which it originates traffic and interconnects with
GTE.
3.04 Single POI Model, for each GTE access tandem where Pac-West and GTE
interconnect for the exchange of local and intraLATA toll and meet
point Switched Access traffic, Pac-West and GTE agree that there will
be a single POI located within GTE's franchise territory within the
serving area for that particular access tandem.
3.05 Notwithstanding Section 3.03, above, GTE shall not permit direct
connections (optical patch panel) or cross-connections (DSX) between
any Virtual EIS arrangement at the same wire center location. However,
this Agreement does not preclude Pac-West from acquiring from GTE
special access service to connect a Virtual EIS arrangement for the
purpose of establishing a POI at a distant GTE wire center or to
connect between Virtual EIS arrangements in different wire centers.
3.06 The Parties will use best efforts to install meet point and local
interconnection trunks, including expedited in-service requests. In no
case however, will the installation interval exceed 35 days, unless
agreed to by the ordering Party.
3.07 All final trunk groups between the Parties carrying meet-point traffic
will be engineered to a P.005 grade of service. All other final trunk
groups between the Parties will be engineered to a P.01 grade of
service.
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Pac-West Pac-West POI GTE Access
Switches Routing Point Tandem
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LSANCARC9KD LSANCARC9KD SNMNCAXP SNMNCAXP43T
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LSANCARC0KD LSANCARC0KD SNMNCAXP LNBHCAXP45T
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LSANCARCAKD LSANCARCAKD LSANCAXP THOKCAXF81T
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LSANCARCBKD LSANCARCBKD SNMNCAXP ONTRCAXP80T
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SNBBCAMC0KD SNBBCAMC0KD SNBBCAXF SNBBCAXF83T
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PLSPCAXG1KD PLSPCAXG1KD PLSPCAXG PLSPCAXG88T
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3.03 Connection at All GTE Tandems Within Each LATA:
Pac-West will connect with each and every GTE access tandem in
the LATA(s) in which it originates traffic and interconnects with
GTE.
3.04 Single POI Model, for each GTE access tandem where Pac-West and GTE
interconnect for the exchange of local and intraLATA toll and meet
point Switched Access traffic, Pac-West and GTE agree that there will
be a single POI located within GTE's franchise territory within the
serving area for that particular access tandem.
3.05 Notwithstanding Section 3.03, above, GTE shall not permit direct
connections (optical patch panel) or cross-connections (DSX) between
any Virtual EIS arrangement at the same wire center location. However
this Agreement does not preclude Pac-West from acquiring from GTE
special access service to connect a Virtual EIS arrangement for the
purpose of establishing a POI at a distant GTE wire center or to
connect between Virtual EIS arrangements in different wire centers.
3.06 The Parties will use best efforts to install meet point and local
interconnection trunks, including expedited in-service requests. In no
case however, will the installation interval exceed 35 days, unless
agreed to by the ordering Party.
3.07 All final trunk groups between the Parties carrying meet-point traffic
will be engineered to a P.005 grade of service. All other final trunk
groups between the Parties will be engineered to a P.01 grade of
service.
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Pac-West Pac-West POI GTE Access
Switches Routing Point Tandem
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LSANCARC9KD LSANCARC9KD SNMNCAXP SNMNCAXP43T
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LSANCARC0KD LSANCARC0KD SNMNCAXP LNBHCAXP45T
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LSANCARCAKD LSANCARCAKD LSANCAXP THOKCAXF8IT
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LSANCARCBKD LSANCARCBKD SNMNCAXP ONTRCAXP80T
---------------------------------------------------------
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SNBBCAMC0KDD SNBBCAMC0KD SNBBCAXF SNBBCAXF83T
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PLSPCAXGIKD PLSPCAXGIKD PLSPCAXG PLSPCAXG88T
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3.03 Connection all All GTE Tandems Within Each LATA:
Pac-West will connect with each and every GTE access tandem in
the LATA's in which it originates traffic and interconnects with
GTE.
3.04 Single POI Model, for each GTE access tandem where Pac-West and GTE
interconnect for the exchange of local and intraLATA toll and meet
point Switched Access traffic, Pac-West and GTE agree that there will
be a single POI located within GTE's franchise territory within the
serving area for that particular access tandem.
3.05 Notwithstanding Section 3.03, above, GTE shall not permit direct
connections (optical patch panel) or cross-connections (DSX) between
any Virtual EIS arrangement at the same wire center location. However
this Agreement does not preclude Pac-West from acquiring from GTE
special access service to connect a Virtual EIS arrangement for the
purpose of establishing a POI at a distant GTE wire center or to
connect between Virtual EIS arrangements in different wire centers.
3.06 The Parties will use best efforts to install meet point and local
interconnection trunks, including expedited in-service requests. In no
case however, will the installation interval exceed 35 days, unless
agreed to by the ordering Party.
3.07 All final trunk groups between the Parties carrying meet-point traffic
will be engineered to a P.005 grade of service. All other final trunk
groups between the Parties will be engineered to a P.01 grade of
service.
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ARTICLE 4
NUMBER RESOURCES AND NUMBER PORTABILITY
4.01 Nothing in this Agreement shall be construed to, in any manner, limit
or otherwise adversely impact Pac-West's right to employ or to request
and be assigned any North American Number Plan (NANP) number resources
including, but not limited to central office (NXX) codes pursuant to
the Central Office Code Assignment Guidelines. Any request for
numbering resources by Pac-West shall be made directly to the NANP
Number Plan Administrator. GTE shall not be responsible for the
requesting or the assignment of number resources to Pac-West. Pac-West
shall not request number resources to be assigned to any GTE switching
entity.
4.02 If Pac-West establishes Rate Centers other than those maintained by
GTE, the parties will work in good faith to plan and execute the
necessary network and routing modifications to accommodate new Rate
Centers established by Pac-West.
4.03 Pac-West shall use reasonable efforts to designate at least one POI in
GTE's exchange area for all NPA-NXX's associated with GTE's rate
centers. Pac West shall designate at least one location within a Rate
Center as a Routing Point for its NPA-NXX's.
4.04 The Parties will comply with code administration requirements as
prescribed by the Federal Communications Commission, the CPUC, and
accepted industry guidelines.
4.05 It shall be the responsibility of each Party to program and update its
own switches and network systems pursuant to the Local Exchange
Routing Guide (LERG) guidelines to recognize and route traffic to the
other Party's assigned NXX codes at all times. Neither Party shall
impose any fees or charges whatsoever on the other Party for such
activities.
4.06 Each Party shall provide the other Party with Service Provider Number
Portability (SPNP) for the purpose of allowing end user customers to
change service-providing Parties without changing their telephone
number. GTE shall provide its SPNP to Pac-West at the rates and under
the terms and conditions set forth in its tariff. Pac-West shall
provide SPNP to GTE at rates and under the terms and conditions set
forth in its tariff.
ARTICLE 5
MEET POINT BILLING
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5.01 Meet-Point Billing (MPB) arrangements shall be established between the
Parties to enable Pac-West to provide, at its option, Switched Access
Services interexchange carriers via a GTE access tandem in accordance
with the Meet-Point billing guideline adopted by and contained in the
Ordering and Billing Forum's MECAB and MECOD documents. In the case
???? Switched Access Services provided through a GTE tandem, GTE will
not route traffic to or from an interexchange carrier until an order
is received from the interexchange carrier for completion of such
traffic. In no event will GTE be required to route access traffic
through more than one tandem for connection to/from an interexchange
carrier except cases in which Pac-West connects to a secondary tandem
at the request of GTE due to a capacity ???? constraint in a GTE
tandem as described in 5.02 ???? such cases, GTE will switch traffic
to/from Pac-West and an IXC through the required number of tandems to
complete a call. GTE will rate its portion ???? call as if the Pac-
West meet point was located ???? the tandem where the capacity
constraint exists Pac-West shall have sole responsibility to ensure
that any interexchange carrier will accept traffic Pac-West directs to
the interexchange carrier.
5.02 Except in instances of capacity limitations, GTE ???? permit and
enable Pac-West to identify the GTE access tandem closest to the Pac-
West Routing Point associated with the NPA-NXX as the home tandem ????
which Switched Access Services are interchanged ???? the Parties. In
instances of capacity limitation designated access tandem switch, Pac-
West shall ???? allowed to identify an adjacent GTE access tandem GTE
???? provision additional capacity. Pac-West will not incur any higher
charges or degradation of ???? if it accepts service in a secondary
tandem due ???? capacity constrain ts.
5.03 Pursuant to Section 5.02 above, Pac-West shall provide written notice
to GTE identifying the a???? access tandem. Within ten (10) business
days of receiving Pac-West notice, GTE shall provide a written notice
back to Pac-West confirming its selection or stating why the access
tandem is not appropriate and proposing an alternate.
5.04 Common Channel Signaling (CCS) shall be utilized in conjunction with
meet-point billing arrangement ???? extent such signaling is resident
in the GTE access tandem switch.
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5.05 Pac-West and GTE will use their best reasonable efforts,
individually and collectively, to maintain provisions in their
respective federal and state access tariffs, and/or provisions
within the National Exchange Carrier Association ("NECA") Tariff
No. 4, or any successor tariff, sufficient to reflect this meet-
point billing arrangement, including meet-point billing
percentages.
5.06 As detailed in the MECAB document, Pac-West and GTE will in a
timely fashion exchange all information necessary to accurately,
reliably and promptly xxxx interexchange carriers for Switched
Access Services traffic jointly handled by Pac-West and GTE via
the meet-point arrangement. Information shall be exchanged in
Electronic Message Record (EMR) format on magnetic tape or via a
mutually acceptable electronic file transfer protocol.
5.07 GTE and Pac-West shall employ the thirty (30) day cycle interval
billing period for meet-point billing, and shall provide each
other, at no charge and once a month (unless the Parties
otherwise mutually agree, the switched access detailed usage
data. GTE will provide Pac-West with the switched access detailed
usage data within ten (10) days of the end of the calendar month
billing period. Pac-West will provide to GTE the switched access
summary usage data within forty-five (45) days of receipt from
GTE of the switched access detailed usage data.
5.08 Billing to interexchange carriers (including any future
interexchange entities operated by GTE or its affiliates) for the
Switched Access Services jointly provided by GTE and Pac-West via
the meet-point billing arrangement shall be according to the
multiple-xxxx/multiple-tariff/1/ method. However, upon mutual
agreement, the Parties will enter into single xxxx arrangements.
Switched Access charges to third parties shall be calculated
utilizing the rates specified in GTE and Pac-West's respective
federal and state access tariffs, in conjunction with the
appropriate meet-point xxxx percentages specified for each meet-
point arrangement either in those tariffs, in the NECA No. 4
tariff or any functional successor to the NECA No. 4 tariff.
5.09 MPB will apply to all traffic bearing the 800, 888 or
___________________
/1/NECA lists multiple xxxx/multiple tariff as multiple xxxx/single tariff
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any other non-geographic NPA which may be likewise ???? designated for
such traffic in the future, where t???? responsible party is an IXC.
In those situations w???? the responsible party for such traffic is
other th???? GTE full switched access rates will be charged to ????
responsible LEC or CLC.
5.10 Neither party will charge the other for meet point ???? billing trunks
or the underlying facilities. Pac???? West and GTE shall use their
best efforts to negot???? the terms and conditions for meet-point
billing including but not limited to the Meet Point Billing????
options, xxxx period, and exchange of usage and bi???? data, and to
sign such an agreement in a timely manner after the effective date of
this Agreement.
5.11 There are certain types of calls that require excha???? of billing
records between the Parties. These type???? calls include: Toll Free
Service Calls, 900 calls, ???? Feature Group B and D Switched Access
calls to and ???? IXCs, and intrastate alternate billed calls (e.g.,
???? calling card, xxxx-to-third, and collect). The exchange of
billing records for calls of this type ???? be distributed through the
existing CMDS processes. ???? the parties will negotiate and execute
a separate agreement within 30 days from the effective date of this
Agreement, for the settlement of revenues associated with the calls
described above.
ARTICLE 6
INTERCONNECTION TRUNKING
6.01 The Parties shall reciprocally terminate local exch???? traffic and
intraLATA toll calls, and meet-point switched access originating on
each others' network ???? follows:
A. Interconnection will be provided via two-way ???? trunks.
Separate two-way trunks will be establi???? to exchange:
1. Local and IntaLATA toll two-way trunks bet???? GTE and
Pac-West.
2. Meet-Point trunking for Switched Access tra???? between GTE
as an access tandem provider an ???? West as a CLC.
3. Feature Group D (FGD) access trunking betwe???? GTE as a LEC
and Pac-West as an IXC. Pac????
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West at its option, may terminate local c???? intraLATA toll
traffic over FGD access tr???? with compensation subject to
the terms and conditions of GTE's Schedule Cal. P.U.C. ????
Switched Access tariff.
B. Tandem switching may be used for trunking be ???? GTE and
Pac-West provided that:
1. GTE will switch calls that terminate on a ???? subtending
GTE end office.
2. The Parties will jointly develop and agree???? Joint
Interconnection Grooming Plan presc???? standards to ensure
that traffic exchanged ???? jointly provided trunk groups
experiences consistent P.01 or better grade of service ????
other appropriate, relevant industry-accep???? quality,
reliability and availability xxxx???? Such plan shall also
include mutually agre???? upon standards for the configuration
of ???? segregated trunk groups. In addition, the ???? shall
also include standards and procedure ???? notification of
trunk disconnections and ???? discoveries of trunk
disconnections; neither Party shall be expected to maintain
active status for trunk disconnected by the other for an
extended or indefinite period of ti???? The Parties will use
their best collective ???? faith efforts to complete and agree
on such within 90 days following the execution of ????
Agreement.
6.02 Intercompany forecast information must be currently provided by
the Parties to each other twice a year. The Semi-annual forecasts
shall include:
A. Yearly forecasted CCS and trunk quantities for a minimum of
five (5) years;
B. The Common Language Location Identifiers (CLLI ???? and
C. A description of major network projects antici???? for the
following six (6) months. Based on available information in
providing such descri???? the Parties agree to work in good
faith.
6.03 If differences in semi-annual forecasts of the Parties vary by more
than twenty-four (24) trunks, Parties shall meet to attempt to
reconcile the for???? to within twenty-four (24) trunks. If the
Parties, ????
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after escalation to an executive level, are unabl???? reach such
reconcilation, either party may invoke default option of one-way
trunking on the affected route.
A. If a trunk group is under seventy-five percent (75%) of CCS
capacity on a monthly average ba???? for each month of any six
(6) month period, e???? Party may issue an order to resize the
trunk ???? which shall be left with not less than twenty-five
percent (25%) excess capacity.
B. Each Party shall provide a specified point of contact for
planning forecasting and servicing purposes.
6.04 Orders to add, change, or disconnect trunks shall ???? processed by
the use by the use of an Access Service Request (ASR) or any order
process determining the industry.
A. Related orders requiring coordination shall be submitted at
the same time.
B. Prior to ordering trunk groups, the initiating Party will contact
the other Party and exchange study data, and also review and
negotiate the forecasted requirements. Orders for two-way ????
groups will not be processed until such action ???? taken and
ordered quantities are agreed to. In the event however, will the
forecast negotiation process exceed 20 business days.
C. By mutual consent, either party may order one-way trunk groups
to satisfy particular network nee????
D. Trunk orders shall include at a minimum the following
information:
1. Correct CLLI codes
2. CLCI-MSG identifiers;
3. If SS7 signaling is required, Pac-West's SS ???? point code
must be included;
4. Orders to augment or disconnect trunk groups shall include
the GTE two-six code, which identifies the particular
signaling, routing digits; and
5. Software translations and routing
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information (e.g., feature group
signaling, routing digits; and
6. Correctly populated fields denoting NC/NCI codes.
E. An order for two-way trunking may be converted to an order
for one-way trunking at the option of either Party if:
1. No agreement can be reached between the Parties within
the standards set forth in this Agreement, including
but not limited to the standards for network design or
the capacity or grade of service required.
2. The order is received without compliance with Section
6.04 A.& B.
F. The Parties agree that the ASR or other forms used for
ordering must be complete for the order to be processed.
Trunk orders shall include at a minimum the following
information:
1. Correct CLLI codes;
2. CLCI-MSG identifiers;
3. If SS7 signaling is required, Pac-West SS7 point
code must be included;
6.05 Two-way trunk groups shall be jointly managed by GTE and Pac-
West. One way trunk groups are under exclusive control of the
trunk group originator.
6.06 The Parties will work cooperatively to develop trouble resolution
procedures, including procedures between the parties respective
network control centers. If either Party receives a call from the
subscriber of the other Party, the employees of the Party
receiving the call will not make any damaging or disparaging
remarks about the other Party whatsoever, and will refer the call
to the other party. If the receiving Party receiving the call
cannot determine to which Party the call should be referred, or
does not have the appropriate telephone number, the receiving
party will suggest that the caller refer to an invoice to find
the appropriate telephone number.
ARTICLE 7
DATA BASE SERVICES
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7.01 Pac-West may order E-911 Interconnection trunks, and GTE shall
provide the service to Pac-West as authorized and at the approved
tariffed rates as specified in GTE tariff Schedule Cal P.U.C. No.
K6.
7.02 When an end user changes service from GTE to Pac-West, or from
Pac-West to GTE and does not retain its original telephone
number, the party formerly providing service to the end user will
provide a referral service on the abandoned telephone number. The
Parties shall provide these arrangements reciprocally. For
residential customers, referral will be provided for thirty (30)
days. For business customers, referral will be provided for the
life of their current directory listing.
ARTICLE 8
COMPENSATION
8.01 As Ordered in CPUC D. 00-00-000, traffic volumes on jointly
provided two-way trunk groups shall be measured by both Parties.
On a quarterly basis, the Parties shall submit to each other the
amount of local traffic which is terminating on the other Party's
network. Compensation for traffic other than the local usage will
be determined based on the Percentage of Local Usage (PLU).
Unless otherwise required by CPUC order or xxxx processing
requirements, the reporting interval for PLU should be the same
as reporting intervals for PIU (Percentage of Interstate Usage)
as authorized for access purposes. Compensation shall be paid for
IntraLATA toll calls, toll free (i.e., 800/888) directory
assistance, busy line verification, emergency interrupt.
Compensation shall be paid using each Party's CPUC approved
tariffs and as specified below for local call termination. Data
used to determine compensation is subject to verification by the
other Party.
1. The following compensation rates shall apply for traffic
carried from Pac-West to GTE:
a. Applicable to all local (Zone 1, Zone 2 and Zone 3
Usage Measurement ("ZUM"), Extended Area Service based
on Switched Access rates from Schedule Cal P.U.C.
No. C-1.
- Tandem switched transport - facility Per mile/min
15
- Mileage is calculated based on airline miles
between the Vertical and Horizontal ("V&H")
coordinates of the POI and the GTE end office.
- Fixed transport Termination - Two terminations per
minute of use (MOU)
- Tandem switching - per MOU
- End Office Switching
b. Toll Rate: Applicable to intraLATA toll calls,
based on intrastate Switched Access rates.
- Tandem switched transport - facility Per mile/min
- Mileage is calculated based on airline miles
between the Vertical and Horizontal ("V&H")
coordinates of the POI and the GTE end office.
- Fixed transport Termination - Two terminations per
minute of use (MOU)
- Tandem switching - per MOU
- Network Interconnection Charge - per MOU
- End Office Switching
- Information Surcharge
The applicable rates for the above elements can be found in GTE's
Schedule Cal. P.U.C. No. C-1.
c. Transit Rate: When Pac-West uses a GTE access tandem
to originate a call to a third party LEC, another
CLC, a wireless service provider or another Pac-West
end office, Pac-West shall compensate GTE at the
rate of $.0015 per minute. If GTE enters into an
interconnection agreement with another CLC that
provides for a transit rate lower that the rate set
forth in GTE's tariff, that transit rate will be
substituted for the rate set in this paragraph upon
the effective date of that agreement. If Pac-West
receives a call through a GTE access tandem that
originates from another
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CLC, LEC, or wireless provider, Pac-West will not charge GTE any rate
elements for this call, regardless of whether the call is local or
toll. Pac-West will establish appropriate billing relationships
directly with the other CLC, LEC or wireless provider. Pac-West will
not route calls through GTE's access tandems to any other CLC, LEC or
wireless provider with which GTE has not entered into an
interconnection agreement (including but not limited to, Type 1, Type
2A and Type 2B interconnection agreements entered into pursuant to D.
95-12-056) that has been filed with and approved by the CPUC. If such
calls are nonetheless so routed, GTE will not complete such calls.
2. The following compensation rates shall apply for traffic carried from GTE
to Pac-West:
a. Applicable to all local (Zone 1, Zone 2 and Zone 3 Usage
Measurement ("ZUM"), Extended Area Service.
- Set-up (per call) .01434
- MOU .003
b. Toll Rate: Applicable to intraLATA toll
calls,
- Set-up (per call)
- MOU
The applicable rates for the above elements can be found in Pac-West tariff
Cal PUC 2-T
c. Transit rate: GTE shall pay a transit rate equal to the rate set in
Paragraph 8.02.1.c. when GTE uses a Pac-West switch to originate a
call to a third party LEC, another CLC, a wireless service provider or
another access tandem.
3. Compensation for Local Interconnection Facilities
-------------------------------------------------
The local interconnection facilities connecting the Pac-West routing points
to the POI mutually agreed upon by both parties as set forth on the table
in Paragraph 3.02 above will be established by Pac West. The cost of these
facilities will be paid for solely by Pac-West.
17
ARTICLE 9
TERM AND TERMINATION OF THE AGREEMENT
9.01 This Agreement shall become effective upon the most recent date
of signature of the Parties (the "Effective Date").
9.02 The initial term of this Agreement shall be one year from the
Effective Date. This Agreement, at all times shall be subject to
such changes or modifications by the Commission as the Commission
may, from time to time, require in the exercise of its
jurisdiction. If any such modification renders the Agreement
inoperable or creates any ambiguity or requirement for future
amendment to the Agreement, the Parties will negotiate in good
faith to agree upon any necessary amendments to the Agreement.
Either Party may terminate this Agreement at the end of the
initial term or at any time thereafter following 60 days' prior
written notice; provided that, the other party at any time during
such 60 day period, may request negotiation of a new
interconnection agreement, in which case interconnection shall
continue between the Parties in full accordance with all of the
terms of this Agreement pending execution of a replacement
interconnection agreement within 125 days from the date the
agreement terminates. If parties are unable to come to agreement
within 125 days, both parties agree to seek resolution from the
CPUC.
9.03 Notwithstanding anything to the contrary contained herein, a
Party may terminate this Agreement to a specific exchange area of
such Party in the event that such Party sells or otherwise
transfers the exchange area or does not provide service in the
exchange area. provided that, the transferee of such exchange
area must first, as condition precedent to such transfer, agree,
for the express benefit of the non-transferring Party, to
continue to interconnect with the non-transferring Party in full
accordance with terms of this Agreement pending execution of a
replacement interconnection agreement between the transferee and
the non-transferring Party. Notwithstanding termination of this
Agreement to a specific exchange area, this Agreement shall
remain in full force and effective in remaining exchange areas
until the Termination Date.
ARTICLE 10
RESPONSIBILITIES OF THE PARTIES
10.01 Pac-West and GTE agree to exchange such reports
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and/or to facilitate the proper billing of traffic. Either Party
may request an audit of such usage reports on no fewer than 10
business days' written notice and any audit shall be accomplished
during normal business hours at the office of the Party being
audited. Such audit must be performed by mutually agree-to
independent auditor paid for by the Party requesting the audit.
Such audits shall be requested within six months of having
received the PLU factor and usage reports from the other party.
10.02 Pac-West and GTE will review engineering requirements on a annual
basis and establish forecasts for trunk and facilities
utilization provided under this Agreement. New trunk groups will
be implemented as dictated by engineering requirements for either
GTE or Pac-West.
10.03 Pac-West and GTE shall share responsibility for all Control
Office functions for local interconnection trunks and trunk
groups and both Parties shall share the overall coordination,
installation, and maintenance responsibilities for these trunks
and trunk groups
10.04 Pac-West and GTE shall share responsibility for all Control
Office functions for the meet point trunking arrangement trunks
and trunk groups, and shall be responsible for the overall
coordination, installation, and maintenance responsibilities for
these trunks and trunk groups.
10.05 Pac-West and GTE shall:
1. Provide trained personnel with adequate and compatible test
equipment to work with each other's technicians.
2. Notify each other when there is any change affecting the
service requested including the due date.
3. Coordinate and schedule testing activities of their own
personnel, and other as applicable, to ensure its
interconnections trunk/trunk groups are installed per the
interconnection order, meet agreed-upon acceptance test
requirements, and are placed in service by the due date.
4. Perform sectionalization to determine if a trouble is
located in its facility or its portion of the
interconnection trunks prior to referring the trouble to
each other.
5. Advise each other if there is an equipment failure
19
which may affect the interconnection trunks
6. Provide each other with a trouble reporting number that is
readily accessible and available 24 hour/7 days a week.
7. Provide each other test line numbers and access to the test
lines.
ARTICLE 11
CONFIDENTIAL INFORMATION
11.01 All information, including but not limited to specifications,
photocopies, magnetic disks, magnetic tapes, drawings, sketches,
models, samples, tools, technical information, data, employee
records, maps, financial reports, and market data, (1) furnished
by one Party to the other Party dealing with customer specific,
facility specific, or usage specific information, other than
customer information communicated for the purpose of publication
of directory database inclusion, or (ii) in written, graphic
electromagnetic, or other tangible forum and marked at the time
of deliver as "Confidential" or "Proprietary", or (iii) by
written notice give to the receiving Party within ten (10) days
after delivery, to be "Confidential" or "Proprietary"
(collectively referred to as "Proprietary Information"), shall
remain the property of the disclosing Party.
Upon request by the disclosing Party, the receiving Party shall
return all tangible copies of Proprietary Information, whether
written, graphic or otherwise, except that the receiving Party
may retain one copy for archival purposes.
11.02 The obligation of confidentiality and use with respect to
Confidential Information disclosed by one Party to the other
Party shall survive any termination of this Agreement for a
period of three (3) years from the date of initial disclosure of
the Confidential Information.
11.03 Each Party shall use the same degree of care to protect the
originating Party's Confidential information from disclosure that
it uses to protect its own confidential information. The
receiving Party shall only disclose the Confidential information
of the originating Party to those employees, contractors, or
agents of the receiving Party who have a need for it in order to
provide telecommunication services and facilities in
20
accordance with the terms of this Agreement and shall only use the
information in connection with providing such services.
11.04 If either Party is served with legal process or receives from a
regulatory agency, a request to disclose confidential or proprietary
information belonging to the originating Party, that Party shall
immediately notify the originating Party prior to disclosing such
information and will cooperate with it to maintain the confidentiality
of the information until there has been either a legal ruling on the
originating Party's objections to such disclosure or the originating
Party has reached an agreement with the requesting party regarding
the terms and conditions of disclosure. Each Party agrees not to
disclose Confidential or Proprietary Information of the other Party to
any third Party, except as noted above, without written consent of the
originating Party.
ARTICLE 12
INDEMNIFICATION AND LIMITATION OF LIABILITY
12.01 Each Party agrees to release indemnify, defend and hold harmless the
other Party from all losses, claims, demands, damages, expenses, suits
or other actions, or any liability whatsoever, including but not
limited to, cost and attorney's fees, whether suffered, made,
instituted or asserted by any other party or person for invasion of
privacy, personal injury to, or death of, any person or persons, or
for losses damages or destruction of property, whether or not owned by
others, proximately caused by the indemnifying Party's negligence or
willful misconduct, regardless of the form of action.
12.02 DISCLAIMER. EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS
-----------
AGREEMENT, NEITHER PARTY MAKES REPRESENTATIONS OR WARRANTIES TO THE
OTHER PARTY CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES PROVIDED
UNDER THIS AGREEMENT. THE PROVIDING PARTIES DISCLAIM, WITHOUT
LIMITATION, ANY WARRANTY OR GUARANTEE OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, ARISING FROM THE COURSE OF PERFORMANCE,
COURSE OF DEALING, OR FROM USAGES OF TRADE.
12.03 A willful breach of this Agreement which means an intentional act or
an intentional failure to act, actual or constructive knowledge of the
consequences thereof, and a conscious failure to act to avert such
consequences. Except in the case of willful breach of this Agreement
that either prevents the interchange of
21
traffic in the manner contemplated by this Agreement, or prevents a
Party from properly billing for interchanged traffic each Party
providing services shall have its liability, whether in contract, tort
or otherwise, limited to direct damages, which shall not exceed the
pro rata portion of the charges for services provided pursuant to this
Agreement for the period during which the services are inoperative,
not to exceed in total the providing Party's monthly charges for
services provided. Except in the case of a willful breach of this
Agreement, Under no circumstance shall providing Party be responsible
or liable for indirect, incidental or consequential damages,
including, but not limited to, damages arising from the use or
performance of equipment, software or the loss of use of equipment or
software or accessories attached thereto, delay, error or loss of
data. In connection with this limitation of liability, the Parties
recognize that the providing Party may, from time to time, provide
advice, make recommendations or supply other analysis related to the
equipment or services described in this Agreement and while the
providing Party shall use diligent efforts in this regard, receiving
Party acknowledges and agrees that this limitation of liability shall
apply to provision of such advice, recommendation and analysis.
ARTICLE 13
DISPUTE RESOLUTION
The Parties agree that in the event of a default or violation
hereunder, or for any dispute arising under this Agreement or related
agreements, the Parties may have in connection with this Agreement,
the Parties shall first confer to discuss in good faith the dispute
and seek resolution prior to taking any action before any court or
regulator, or before authorizing any public statement about or
authorizing disclosure of the nature of the dispute to any third
party. Such conference shall occur at least at the Vice President
level for each Party. In the case of GTE, its Vice President, or
equivalent officer, shall participate in the meet and confer meeting,
and Pac West Vice President, or equivalent officer, shall participate.
Thereafter, for any matter that either Party wishes to bring before
the CPUC for resolution, the Parties will employ the Dispute
Resolution procedures set forth in pp. 36-39 of the Order, recognizing
that the Parties have already escalated the dispute to the executive
level as provided in the Dispute Resolution procedures.
ARTICLE 14
DEFAULT
22
If either Party believes the other is in breach of the agreement or otherwise in
violation of law, it shall first give sixty (60) days' notice of such breach or
violation and an opportunity for allegedly defaulting Party to cure. Thereafter,
the Parties shall employ the Dispute Resolution procedures set forth at pp.
36-39 of the Order.
ARTICLE 15
FORCE MAJEURE
In the event performance of this Agreement or any obligation hereunder is
prevented, restricted or interfered with by reason of acts of God, war,
revolution, civil commotion, acts of the public enemy, embargo, acts of the
government in its sovereign capacity, labor difficulties, unavailability of
equipment or software from vendors, changes made at the request of one Party to
the other Party or any other circumstance beyond reasonable control of the Party
affected, the Party affected upon giving prompt notice to the other Party, shall
be excused from such performance on a day-to-day basis to the extent of such
prevention, restriction or interference (and the other Party shall likewise be
excused from performance of its obligations on a day-to-day basis until the
delay restriction or interference has ceased; provided, however, that the Party
so affected shall use diligent efforts to avoid or remove such cause of
nonperformance and both Parties shall proceed whenever such causes or removed or
cease.
ARTICLE 16
AMENDMENTS
Any amendment, modification or supplement to this Agreement must be in writing
and signed by an authorized representative of each Party. The term "this
Agreement" shall include all future amendments, modifications and supplements.
ARTICLE 17
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the Parties pertaining the
subject matter of this Agreement and supersedes any and all prior agreements of
any kind whether oral or written.
ARTICLE 18
GOVERNING LAW
23
This Agreement shall be governed by the construed in
accordance with the laws of the State of California.
ARTICLE 19
NOTICES
Any notice to a Party required or permitted under this
Agreement shall be given in writing and shall be deemed
given on the date of service if notice is served
personally, or on the following business day when
served through electronic mail or facsimile, or on the
date received if notice is served through certified or
registered mail, or on the date receipt is acknowledged
in writing by the receiving Party if served through
regular mail. Business days are Monday's through
Fridays, excepting those days which are holidays of
either or both GTE and Pac-West. Notice shall be given
as follows:
To Xx. Xxxxx X. Xxxx
GTE California Incorporated
Xxx XXX Xxxxx
Xxxxxxxx Xxxx, XX
Mailcode CA500GC
EMail:
Facsimile:(000)000-0000
Copy to: Xxxxx X. Xxxxx
GTE California Incorporated
Xxx XXX Xxxxx
Xxxxxxxx Xxxx, XX
Mailcode Ca500LB
Facsimile: 000-000-0000
To PAC-WEST TELECOMM, Inc.
Xxxx X. Xx Xxx
0000 Xxxxxxxx Xxxxxx
Xxxxxxxx, XX 00000
ARTICLE 20
ASSIGNMENT
Any assignment by either Party of any right, obligation or duty,
in whole or in part, or of any interest, without the express
written consent of the other Party, shall be void, except that
either Party may assign all of its rights, obligations and duties
to any legal entity that is a subsidiary or affiliate of that
Party without consent but with required written modification of
this Agreement. The effectiveness of assignment shall be
conditioned upon the assignee's assumption of the rights,
obligations and duties of the assigning
24
Party.
ARTICLE 21
CONSTRUCTION
This Agreement shall not be construed for or against either Party because such
party prepared or caused its legal representative to prepare this Agreement or
any portion thereof.
ARTICLE 22
PUBLICITY AND USE OF TRADE NAMES
Any news release, public announcement, advertising or any other form of
publicity pertaining to this Agreement or the services provided under and as a
result of this Agreement shall be subject to prior written approval of both GTE
and Pac-West. Furthermore, notwithstanding the foregoing sentence, nothing in
this Agreement shall be deemed to grant, suggest or imply any authority for one
Party to use the name, trademark(s), service marks or trade names of the other
Party for any purpose whatsoever.
ARTICLE 23
INDEPENDENT CONTRACTOR RELATIONSHIP
Persons provided by each Party in the performance of this Agreement shall be
solely that Party's employees and shall be under the sole and exclusive
direction and control of that Party. They shall not be considered employees of
the other Party for any purpose. Each Party shall remain an independent
contractor with respect to the other Party and shall be responsible for
compliance with all laws, rules and regulations involving but not limited to,
employment of labor, hours of labor, health and safety, working conditions and
payment of wages. Each Party shall also be responsible for the payment of taxes,
including federal, state and municipal taxes, chargeable or assessed with
respect to its employees such as Social Security, unemployment worker's
compensation, disability insurance and federal and state withholding. Each Party
shall indemnify the other Party for any loss, damage, liability, claim, demand
or penalty that may be sustained by reason of its failure to comply with this
provision.
ARTICLE 24
USE OF SUBCONTRACTORS
Either Party may enter into subcontracts with third
25
parties or affiliates for the performance of that Party's obligations
or duties under this Agreement.
IN WITNESS WHEREOF, each Party has executed this Agreement to be
effective as of the most recent date set forth below by the signature
of its duly authorized representative.
For: GTE California Incorporated For: PAC-WEST Telecomm Inc.
By /s/ Xxxxxxx X. XxXxxxxxx By: /s/ Xxxx X. XxXxx
---------------------------------- ------------------------------------
Name: Xxxxxxx X. XxXxxxxxx Name: Xxxx X. XxXxx
------------------------------- ----------------------------------
Regulatory & Governmental
Title: Affairs Vice President-West Title: President
------------------------------ ---------------------------------
Date: June 21, 1996 Date: June 19, 1996
------------------------------- ----------------------------------
26
parties or affiliates for the performance of that Party's obligations
or duties under this Agreement.
ARTICLE 25
SIGNATURE OF THE PARTIES
IN WITNESS WHEREOF, each Party has executed this Agreement to be
effective as of the most recent date set forth below by the signature
of its duly authorized representative.
For: GTE California Incorporated For: PAC-WEST Telecomm Inc.
By__________________________________ By: ___________________________________
Name:_______________________________ Name:__________________________________
Title:______________________________ Title:_________________________________
Date:_______________________________ Date:__________________________________
FORM APPROVED
[SIGNATURE ILLEGIBLE]
----------------------------------
Attorney
Date 6-20-96
------------------------------
26
