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Exhibit 10.23
INTERCONNECTION, RESALE AND UNBUNDLING AGREEMENT
BETWEEN
GTE MIDWEST INCORPORATED
GTE ARKANSAS INCORPORATED
AND
DIGITAL TELEPORT, INC.
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TABLE OF CONTENTS
ARTICLE I
SCOPE AND INTENT OF AGREEMENT.............................................................. I-1
ARTICLE II
DEFINITIONS................................................................................II-1
1. General Definitions........................................................................II-1
1.1 "ACCESS SERVICE REQUEST"................................................II-1
1.2 "ACT"...................................................................II-1
1.3 "AFFILIATE".............................................................II-1
1.4 "AMA"...................................................................II-1
1.5 "APPLICABLE LAW"........................................................II-1
1.6 "AUTOMATIC LOCATION IDENTIFICATION/DATA MANAGEMENT SYSTEM (ALI/DMS)"....II-1
1.7 "AUTOMATIC NUMBER IDENTIFICATION" OR "ANI"..............................II-1
1.8 "BELLCORE"..............................................................II-1
1.9 "XXXX-AND-KEEP ARRANGEMENT".............................................II-1
1.10 "BONA FIDE REQUEST (BFR)"...............................................II-2
1.11 "BUSINESS DAY"..........................................................II-2
1.12 "CENTRAL OFFICE SWITCH".................................................II-2
1.13 "CENTRALIZED MESSAGE DISTRIBUTION SYSTEM" (CMDS)........................II-2
1.14 "CLLI CODES"............................................................II-2
1.15 "COMMERCIAL MOBILE RADIO SERVICES" (CMRS)...............................II-2
1.16 "COMMISSION"............................................................II-2
1.17 "COMMON CHANNEL SIGNALING" OR "CCS".....................................II-2
1.18 "COMPETITIVE LOCAL EXCHANGE CARRIER" (CLEC).............................II-2
1.19 "COMPLIANCE"............................................................II-2
1.20 "CUSTOMER"..............................................................II-2
1.21 "CUSTOMER USAGE DATA"...................................................II-2
1.22 "DS-1"..................................................................II-2
1.23 "DS-3"..................................................................II-3
1.24 "ELECTRONIC FILE TRANSFER"..............................................II-3
1.25 "EMR"...................................................................II-3
1.26 "E-911 SERVICE".........................................................II-3
1.27 "EXCHANGE SERVICE"......................................................II-3
1.28 "EIS" OR "EXPANDED INTERCONNECTION SERVICE".............................II-3
1.29 "FACILITY"..............................................................II-3
1.30 "FCC"...................................................................II-3
1.31 "GENERATOR".............................................................II-3
1.32 "GTOC"..................................................................II-3
1.33 "GUIDE".................................................................II-3
1.34 "HAZARDOUS CHEMICAL"....................................................II-3
1.35 "HAZARDOUS WASTE".......................................................II-4
1.36 "IMMINENT DANGER".......................................................II-4
1.37 "INCUMBENT LOCAL EXCHANGE CARRIER" (ILEC)...............................II-4
1.38 "INTERIM NUMBER PORTABILITY (INP)"......................................II-4
1.39 "INTERCONNECTION POINT" ("IP")..........................................II-4
1.40 "ISDN USER PART (ISUP)".................................................II-4
1.41 "IXC" OR "INTEREXCHANGE CARRIER"........................................II-4
1.42 "INTERNETWORK FACILITIES" OR "INTERCONNECTION FACILITY"................II-4
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1.43 "LATA"..................................................................II-4
1.44 "LINE INFORMATION DATA BASE (LIDB)".....................................II-4
1.45 "LINE SIDE".............................................................II-4
1.46 "LOCAL EXCHANGE CARRIER" OR "LEC".......................................II-5
1.47 "LOCAL EXCHANGE ROUTING GUIDE" OR "LERG"................................II-5
1.48 "LOCAL NUMBER PORTABILITY (LNP)"........................................II-5
1.49 "LOCAL TRAFFIC".........................................................II-5
1.50 "MDF" OR "MAIN DISTRIBUTION FRAME"......................................II-5
1.51 "MEET-POINT BILLING" OR "MPB"...........................................II-5
1.52 "MECAB".................................................................II-5
1.53 "MECOD".................................................................II-5
1.54 "MID-SPAN FIBER MEET"...................................................II-5
1.55 "NANP"..................................................................II-5
1.56 "NETWORK ELEMENT".......................................................II-6
1.57 "NID" OR "NETWORK INTERFACE DEVICE".....................................II-6
1.58 "NUMBERING PLAN AREA" OR "NPA"..........................................II-6
1.59 "NXX", "NXX CODE", "CENTRAL OFFICE CODE" OR "CO CODE"...................II-6
1.60 "911 SERVICE"...........................................................II-6
1.61 "OWNER AND OPERATOR"....................................................II-6
1.62 "POI"...................................................................II-6
1.63 "POLE ATTACHMENT".......................................................II-6
1.64 "PROVIDER"..............................................................II-6
1.65 "PUBLIC SAFETY ANSWERING POINT" OR "PSAP"...............................II-6
1.66 "RATE CENTER"...........................................................II-7
1.67 "RIGHT-OF-WAY" OR "ROW".................................................II-7
1.68 "ROUTING POINT".........................................................II-7
1.69 "SERVICE CONTROL POINT" OR "SCP"........................................II-7
1.70 "SERVICE SWITCHING POINT" OR "SSP"......................................II-7
1.71 "SIGNALING POINT" OR "SP"...............................................II-7
1.72 "SIGNALING SYSTEM 7" OR "SS7"...........................................II-7
1.73 "SIGNAL TRANSFER POINT" OR "STP"........................................II-7
1.74 "SUBSIDIARY"............................................................II-7
1.75 "SYNCHRONOUS OPTICAL NETWORK" OR "SONET"................................II-7
1.76 "SWITCHED ACCESS SERVICE"...............................................II-8
1.77 "TELECOMMUNICATIONS SERVICES"...........................................II-8
1.78 "THIRD PARTY CONTAMINATION".............................................II-8
1.79 "TRUNK SIDE"............................................................II-8
1.80 "UNDEFINED TERMS".......................................................II-8
1.81 "VERTICAL FEATURES" (INCLUDING "CLASS FEATURES")........................II-8
1.82 "WIRE CENTER"...........................................................II-8
ARTICLE III
GENERAL PROVISIONS.........................................................................III-1
1. Scope of General Provisions................................................................III-1
2. Term and Termination.......................................................................III-1
2.1 Term....................................................................III-1
2.2 Post-Termination Arrangements...........................................III-1
2.3 Termination Upon Default................................................III-1
2.4 Termination Upon Sale...................................................III-1
2.5 Liability upon Termination..............................................III-1
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3. Amendments................................................................................III-2
4. Assignment................................................................................III-2
5. Authority.................................................................................III-2
6. Responsibility for Payment................................................................III-2
7. Billing and Payment.......................................................................III-2
7.1 Dispute....................................................................III-2
7.2 Late Payment Charge........................................................III-2
7.3 Due Date...................................................................III-2
7.4 Audits.....................................................................III-2
8. Binding Effect............................................................................III-3
9. Capacity Planning and Forecasting.........................................................III-3
10. Compliance with Laws and Regulations......................................................III-3
11. Confidential Information..................................................................III-3
11.1 Identification.............................................................III-3
11.2 Handling...................................................................III-3
11.3 Exceptions.................................................................III-4
11.4 Survival...................................................................III-4
12. Consent...................................................................................III-4
13. Cooperation on Fraud Minimization.........................................................III-4
14. Dispute Resolution........................................................................III-4
14.1 Alternative to Litigation..................................................III-4
14.2 Negotiations...............................................................III-5
14.3 Arbitration................................................................III-5
14.4 Expedited Arbitration Procedures...........................................III-5
14.5 Costs......................................................................III-5
14.6 Continuous Service.........................................................III-6
15. Entire Agreement..........................................................................III-6
16. Expenses..................................................................................III-6
17. Force Majeure.............................................................................III-6
18. Good Faith Performance....................................................................III-6
19. Governing Law.............................................................................III-6
20. Standard Practices........................................................................III-6
21. Headings..................................................................................III-6
22. Independent Contractor Relationship.......................................................III-6
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23. Law Enforcement Interface..................................................................III-7
24. Liability and Indemnity....................................................................III-7
24.1 Indemnification.............................................................III-7
24.2 End User and Content-Related Claims.........................................III-7
24.3 DISCLAIMER..................................................................III-8
24.4 Limitation of Liability.....................................................III-8
24.5 Intellectual Property.......................................................III-8
25. Multiple Counterparts......................................................................III-8
26. No Offer...................................................................................III-8
27. No Third Party Beneficiaries...............................................................III-8
28. Notices....................................................................................III-8
29. Protection.................................................................................III-9
29.1 Impairment of Service.......................................................III-9
29.2 Resolution..................................................................III-9
30. Publicity..................................................................................III-9
31. Regulatory Agency Control..................................................................III-9
32. Changes in Legal Requirements..............................................................III-10
33. Effective Date.............................................................................III-10
34. Regulatory Matters.........................................................................III-10
35. Rule of Construction.......................................................................III-10
36. Section References.........................................................................III-10
37. Service Standards..........................................................................III-10
37.1..................................................................................III-10
37.2..................................................................................III-10
37.3..................................................................................III-10
38. Severability...............................................................................III-10
39. Subcontractors.............................................................................III-10
40. Subsequent Law.............................................................................III-10
41. Taxes......................................................................................III-10
42. Trademarks and Trade Names.................................................................III-11
43. Waiver.....................................................................................III-11
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44. Environmental Responsibility...............................................................III-11
45. TBD Prices.................................................................................III-13
46. Amendment of Certain Rates, Terms and Conditions...........................................III-13
ARTICLE IV
GENERAL RULES GOVERNING RESOLD SERVICES
AND UNBUNDLED ELEMENTS ....................................................................IV-1
1. General....................................................................................IV-1
2. Liability of GTE...........................................................................IV-1
2.1 Inapplicability of Tariff Liability.........................................IV-1
2.2 DTI Tariffs or Contracts....................................................IV-1
2.3 No Liability for Errors.....................................................IV-1
3. Unauthorized Changes.......................................................................IV-1
3.1 Procedures..................................................................IV-1
3.2 Option to Restrict Changes Without Evidence of Authorization................IV-2
4. Impact of Payment of Charges on Service....................................................IV-2
5. Unlawful Use of Service....................................................................IV-2
6. Timing of Messages.........................................................................IV-3
7. Procedures For Preordering, Ordering, Provisioning, Etc....................................IV-3
8. Customer Contacts..........................................................................IV-3
ARTICLE V
INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC...................................V-1
1. Services Covered by This Article...........................................................V-1
1.1 Types of Services...........................................................V-1
1.2 Service Locations for Interconnection Services and Facilities...............V-1
1.3 Additional Services or Service Locations....................................V-1
2. Billing and Rates.........................................................................V-1
2.1 Rates and Charges...........................................................V-1
2.2 Billing.....................................................................V-1
3. Transport and Termination of Traffic......................................................V-1
3.1 Traffic to be Exchanged.....................................................V-1
3.2 Compensation For Exchange Of Traffic........................................V-2
3.3 Tandem Switching Traffic....................................................V-3
3.4 Inter-Tandem Switching......................................................V-3
4. Direct Network Interconnection............................................................V-3
4.1 Network Interconnection Architecture........................................V-3
4.2 Compensation................................................................V-4
4.3 Trunking Requirements.......................................................V-5
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4.4 Network Redesigns Initiated by GTE..........................................V-6
4.5 Interconnection Calling and Called Scopes for the Access Tandem
Interconnection and the End Office Interconnection..........................V-6
5. Indirect Network Interconnection...........................................................V-6
6. Number Resources...........................................................................V-6
6.1 Number Assignment...........................................................V-6
6.2 Rate Centers................................................................V-6
6.3 Routing Points..............................................................V-6
6.4 Code and Numbers Administration.............................................V-7
6.5 Programming Switches........................................................V-7
7. Interim Number Portability (INP)...........................................................V-7
8. Meet-Point Billing.........................................................................V-7
8.1 Meet-Point Arrangements.....................................................V-7
8.2 Compensation................................................................V-8
9. Common Channel Signaling...................................................................V-8
9.1 Service Description.........................................................V-8
9.2 Signaling Parameters........................................................V-8
9.3 Privacy Indicators..........................................................V-8
9.4 Connection Through STP......................................................V-8
9.5 Third Party Signaling Providers.............................................V-8
9.6 Multi-Frequency Signaling...................................................V-8
10. Service Quality and Performance............................................................V-9
11. Network Outages............................................................................V-9
ARTICLE VI
RESALE OF SERVICES.........................................................................VI-1
1. General....................................................................................VI-1
2. Terms and Conditions.......................................................................VI-1
2.1 Quality and Performance.....................................................VI-1
2.2 Restrictions on Resale......................................................VI-1
2.3 Restrictions on Discount of Retail Services.................................VI-1
2.4 Resale to Other Carriers....................................................VI-2
3. Ordering and Billing......................................................................VI-2
3.1 Local Service Request.......................................................VI-2
3.2 Certificate of Operating Authority..........................................VI-2
3.3 Letter of Authorization.....................................................VI-2
3.4 Directory Assistance Listings...............................................VI-2
3.5 Nonrecurring Charges........................................................VI-2
3.6 Transfers Between DTI and Another Reseller of GTE Services..................VI-2
3.7 Local Calling Detail........................................................VI-2
3.8 Procedures..................................................................VI-2
3.9 LIDB........................................................................VI-2
3.10 "OLN".......................................................................VI-3
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4. Maintenance................................................................................VI-3
4.1 Maintenance, Testing and Repair.............................................VI-3
4.2 Specifics and Procedures for Maintenance....................................VI-3
5.1 Description of Local Exchange Services Available for Resale.................VI-3
5.2 List of Services Available for Resale.......................................VI-3
5.3 Rates.......................................................................VI-4
5.4 Grandfathered Services......................................................VI-4
5.5 Access......................................................................VI-4
5.6 Operator Services (OS) and Directory Assistance (DA)........................VI-4
ARTICLE VII
UNBUNDLED NETWORK ELEMENTS.................................................................VII-1
1. General....................................................................................VII-1
2. Unbundled Network Elements.................................................................VII-1
2.1 Categories..................................................................VII-1
2.2 Prices......................................................................VII-1
2.3 Interconnection to Unbundled Elements.......................................VII-1
2.4 Service Quality.............................................................VII-2
3. Network Interface Device...................................................................VII-2
3.1 Direct Connection...........................................................VII-2
3.2 NID to NID Connection.......................................................VII-2
3.3 Removal of Cable Pairs......................................................VII-3
3.4 Maintenance.................................................................VII-3
4. Loop Elements..............................................................................VII-3
4.1 Service Description.........................................................VII-3
4.2 Categories of Loops.........................................................VII-3
4.3 Conditioned Loops...........................................................VII-4
4.4 Features, Functions, Attributes.............................................VII-4
4.5 Digital Loop Carrier........................................................VII-4
4.6 Unbundled Loop Facility Certification.......................................VII-4
4.7 Unbundled Loop Facility Notification........................................VII-5
4.8 Subloops....................................................................VII-5
5. Port and Local Switching Elements..........................................................VII-5
5.1 Port........................................................................VII-5
5.2 Ports Available as Unbundled Network Elements...............................VII-6
5.3 Port Prices.................................................................VII-6
5.4 Local Switching.............................................................VII-6
5.5 Compliance with Section.....................................................VII-6
6. Transport Facility.........................................................................VII-6
6.1 Service Description.........................................................VII-6
6.2 Categories/Types............................................................VII-7
7. SS7 Transport and Signaling................................................................VII-7
7.1..................................................................................VII-7
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8. LIDB Services..............................................................................VII-6
9. Database 800-Type Services.................................................................VII-7
10. Data Switching.............................................................................VII-7
10.1 Access......................................................................VII-7
10.2 Nondiscrimination...........................................................VII-7
10.3 Testing, Monitoring, Administration and Maintenance.........................VII-7
11. Digital Cross Connect System (DCS).........................................................VII-7
11.1 Access......................................................................VII-7
11.2 Optional Characteristics....................................................VII-7
11.3 Alternate Provisioning......................................................VII-7
11.4 Elements....................................................................VII-7
11.5 Capabilities................................................................VII-8
11.6 Protection and Performance..................................................VII-8
11.7 Provisioning, Administration and Maintenance................................VII-8
12. Operator Services (OS) and Directory Assistance (DA).......................................VII-8
12.1 Customized Routing.......................................................VII-8
13. Advanced Intelligent Network Access (AIN)..................................................VII-9
14. Nondiscrimination Provision and Support....................................................VII-9
15. Provisioning Intervals.....................................................................VII-9
16. Directory Assistance Listing...............................................................VII-9
ARTICLE VIII
ADDITIONAL SERVICES AND COORDINATED SERVICE ARRANGEMENTS...................................VIII-1
1. Bona Fide Request Process..................................................................VIII-1
1.1 Intent......................................................................VIII-1
1.2 Process.....................................................................VIII-1
2. Transfer of Service Announcements..........................................................VIII-1
3. Misdirected Calls..........................................................................VIII-1
3.1..................................................................................VIII-2
3.2..................................................................................VIII-2
4. 911/E911 Arrangements......................................................................VIII-2
4.1 Description of Service......................................................VIII-2
4.2 Transport...................................................................VIII-2
4.3 Cooperation and Level of Performance........................................VIII-2
4.4 Basic 911 and E911 General Requirements.....................................VIII-2
4.5 Compensation................................................................VIII-6
5. Information Services Traffic...............................................................VIII-7
5.1 Routing.....................................................................VIII-7
5.2 Billing and Collection and Information Service Provider (ISP)
Remuneration................................................................VIII-7
5.3 900-976 Call Blocking.......................................................VIII-7
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5.4 Miscellaneous...............................................................VIII-7
6. Telephone Relay Service....................................................................VIII-7
7. Directory Assistance (DA) and Operator Services (OS).......................................VIII-7
7.1 Directory Assistance Calls..................................................VIII-7
7.2 Operator Services Calls.....................................................VIII-8
8. Directory Assistance Listings Information..................................................VIII-8
8.1..................................................................................VIII-8
8.2..................................................................................VIII-8
8.3..................................................................................VIII-8
9. Directory Listings and Directory Distribution..............................................VIII-8
10. Busy Line Verification and Busy Line Verification Interrupt................................VIII-9
11. SAG........................................................................................VIII-9
12. Dialing Format Changes.....................................................................VIII-9
13. Operational Support Systems (OSS)..........................................................VIII-9
ARTICLE IX
COLLOCATION................................................................................IX-1
1. Physical Collocation.......................................................................IX-1
1.1 Space Planning..............................................................IX-1
1.2 Connection to Customer Loops and Ports......................................IX-1
1.3 Connection to Other Collocated Carriers.....................................IX-1
1.4 Choice of Vendor............................................................IX-2
1.5 Monitoring..................................................................IX-2
1.6 Phone Service...............................................................IX-2
1.7 Intraoffice Diversity.......................................................IX-2
1.8 DTI Proprietary Information.................................................IX-2
1.9 Notification of Modifications...............................................IX-2
1.10 Drawings....................................................................IX-2
1.11 Construction of Space.......................................................IX-2
1.12 Connection Equipment........................................................IX-3
1.13 Access to DTI Collocation Space.............................................IX-3
2. Virtual Collocation........................................................................IX-4
2.1 Existing Virtual Collocation................................................IX-4
2.2 Conversion from Physical to Virtual.........................................IX-4
2.3 Vendors.....................................................................IX-4
2.4 Inspection..................................................................IX-5
ARTICLE X
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY.........................................X-1
APPENDIX A
GTE PERFORMANCE MEASURES (PM)..............................................................A-1
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APPENDIX B
SERVICE MATRIX.............................................................................B-1
APPENDIX C
INTERCONNECTION, TELECOMMUNICATIONS SERVICES AND
FACILITIES AGREEMENT.......................................................................C-1
APPENDIX D
RATES AND CHARGES FOR TRANSPORT AND TERMINATION
OF TRAFFIC.................................................................................D-1
APPENDIX E
RATES AND CHARGES FOR LOCAL NUMBER PORTABILITY USING RCF...................................E-1
APPENDIX F
SERVICES AVAILABLE FOR RESALE..............................................................F-2
APPENDIX G
PRICES FOR UNBUNDLED ELEMENTS..............................................................G-1
APPENDIX H
RATES AND CHARGES FOR 911/E911 ARRANGEMENTS................................................H-1
APPENDIX I
SERVICE ORDERING, PROVISIONING, BILLING AND MAINTENANCE....................................I-1
APPENDIX J
SS7 SERVICES...............................................................................J-1
APPENDIX K
POLE ATTACHMENT AGREEMENT..................................................................K-1
APPENDIX L
CONDUIT OCCUPANCY AGREEMENT................................................................L-1
APPENDIX M
RECIPROCAL COMPENSATION FOR CALL TERMINATION...............................................M-1
APPENDIX 46A
GTE TERMS..................................................................................N-1
APPENDIX 46B
OTHERCLEC TERMS............................................................................O-1
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This Interconnection, Resale and Unbundling Agreement (the "Agreement"), is
made effective as of , 199 , by and
between GTE Midwest Incorporated/GTE Arkansas Incorporated, with its address
for purposes of this Agreement at 000 Xxxxxx Xxxxx Xxxxx, Xxxxxx, Xxxxx 00000
("GTE"), and Digital Teleport, Inc., in its capacity as a certified provider of
local dial-tone service ("DTI"), with its address for this Agreement at 00000
Xxxxxxx Xxxx, Xx. Xxxxx, Xxxxxxxx 00000 (GTE and DTI being referred to
collectively as the "Parties" and individually as a "Party"). This Agreement
covers services in the State of Missouri only (the "State").
WHEREAS, interconnection between competing Local Exchange Carriers ("LECs") is
necessary and desirable for the mutual exchange and termination of traffic
originating on each LEC's network; and
WHEREAS, the Parties desire to exchange such traffic and related signalling in a
technically and economically efficient manner at defined and mutually agreed
upon interconnection points; and
WHEREAS, the Parties wish to enter into an agreement to interconnect their
respective telecommunications networks on terms that are fair and equitable to
both Parties; and
WHEREAS, Section 251 of the Telecommunications Act of 1996 (the "Act") imposes
specific obligations on LECs with respect to the interconnection of their
networks, resale of their telecommunications services, access to their poles,
ducts, conduits and rights-of-way and, in certain cases, the offering of
certain unbundled network elements and physical collocation of equipment in LEC
premises;
WHEREAS, GTE is entering, under protest, into certain aspects of this Agreement
that incorporate adverse results from the arbitrated agreements approved or
which may be approved by the Commission in this state and is doing so in order
to avoid the expense of arbitration while at the same time preserving its legal
positions, rights and remedies.
NOW, THEREFORE, in consideration of the mutual provisions contained herein and
other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, GTE and DTI hereby covenant and agree as follows:
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ARTICLE I
SCOPE AND INTENT OF AGREEMENT
Pursuant to this Agreement, the Parties will extend certain arrangements to one
another within each area in which they both operate within the State for
purposes of interconnection and the exchange of traffic between their
respective end user customers, and reciprocal access to poles, ducts, conduits
and rights-of-way. This Agreement also governs the purchase by DTI of certain
telecommunications services provided by GTE in its franchise areas for resale
by DTI, the purchase by DTI of certain unbundled network elements from GTE, and
the terms and conditions of the collocation of certain equipment of DTI in the
premises of GTE. This Agreement is an integrated package that reflects a
balancing of interests critical to the Parties. This Agreement will be
submitted to the Missouri Public Service Commission (the "Commission") for
approval. The Parties agree that their entrance into this Agreement is without
prejudice to and does not waive any positions they may have taken previously,
or may take in the future, in any legislative, regulatory, judicial or other
public forum addressing any matters, including matters related to the same
types of arrangements and/or matters related to GTE's cost recovery covered in
this Agreement. DTI agrees to negotiate reciprocal terms and conditions with
GTE based on this Agreement. GTE's execution of this Agreement is not a
concession or waiver in any manner concerning its position that certain of the
rates, terms and conditions contained herein are unlawful, illegal and
improper.
The services and facilities to be provided to DTI by GTE in satisfaction of
this Agreement may be provided pursuant to GTE tariffs and then current
practices. Should such services and facilities be modified by tariff or by
Order, including any modifications resulting from other Commission proceedings,
federal court review or other judicial action, such modifications will be
deemed to automatically supersede any rates and terms and conditions of this
Agreement. GTE will provide notification to DTI before such a tariff becomes
effective, and DTI may provide input on such proposed tariff. The Parties
shall cooperate with one another for the purpose of incorporating required
modifications into this agreement.
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ARTICLE II
DEFINITIONS
1. General Definitions. Except as otherwise specified herein, the following
definitions shall apply to all Articles and Appendices contained in this
Agreement. Additional definitions that are specific to the matters
covered in a particular Article may appear in that Article. To the extent
that there may be any conflict between a definition set forth in this
Article II and any definition in a specific Article or Appendix, the
definition set forth in the specific Article or Appendix shall control
with respect to that Article or Appendix.
1.1 "ACCESS SERVICE REQUEST" (ASR) means an industry standard
form used by the Parties to add, establish, change or disconnect
services or trunks for the purposes of Interconnection.
1.2 "ACT" means the Telecommunications Act of 1996, Public Law
104-104 of the 000xx Xxxxxx Xxxxxx Congress effective February 8,
1996.
1.3 "AFFILIATE" of a Party means a person, corporation or other
legal entity that, directly or indirectly, owns or controls a Party,
or is owned or controlled by, or is under common ownership or
control with a Party.
1.4 "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.
1.5 "APPLICABLE LAW" shall mean all laws, statutes, common law,
regulations, ordinances, codes, rules, guidelines, orders, permits,
and approvals of any Governmental Authority, which apply or relate
to the subject matter of this Agreement.
1.6 "AUTOMATIC LOCATION IDENTIFICATION/DATA MANAGEMENT SYSTEM
(ALI/DMS)" means the emergency services (E911/911) database
containing customer location information (including name, address,
telephone number, and sometimes special information from the local
service provider) used to process subscriber access records into
Automatic Location Identification (ALI) records. From this
database, records are forwarded to GTE's ALI Gateway for downloading
by local ALI database systems to be available for retrieval in
response to ANI from a 9-1-1 call. Also, from this database, GTE
will upload to its selective routers the selective router ALI
(SR/ALI) which is used to determine to which Public Safety Answering
Point ("PSAP") to route the call.
1.7 "AUTOMATIC NUMBER IDENTIFICATION" OR "ANI" refers to the
number transmitted through the network identifying the calling
party.
1.8 "BELLCORE" means an organization owned jointly by the Xxxx
regional holding companies and that may in the future be owned
partially or totally by other persons, that conducts research and
development projects for its owners, including development of new
telecommunications services. Bellcore also provides certain
centralized technical and management services for the regional
holding companies and also provides generic requirements for the
telecommunications industry for products, services and technologies.
1.9 "XXXX-AND-KEEP ARRANGEMENT" means a compensation arrangement
whereby the Parties do not render bills to each other for the
termination of local traffic specified in this
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Agreement and whereby the Parties terminate local exchange traffic
originating from end-users served by the networks of the other
Party without explicit charging among or between said carriers for
such traffic exchange.
1.10 "BONA FIDE REQUEST (BFR)" process is intended to be used when
requesting customized Service Orders for certain services, features,
capabilities or functionality defined and agreed upon by the Parties
as services to be ordered as Bona Fide Requests.
1.11 "BUSINESS DAY" shall mean Monday through Friday, except for
holidays on which the U.S. mail is not delivered.
1.12 "CENTRAL OFFICE SWITCH" means a switch used to provide
telecommunications services including (I) "End Office Switches"
which are Class 5 switches from which end user Exchange Services are
directly connected and offered, and (ii) "Tandem Office Switches"
which are Class 4 switches which are used to connect and switch
trunk circuits between and among central office switches. Central
office switches may be employed as combination end office/tandem
office switches (combination Class 5/Class 4).
1.13 "CENTRALIZED MESSAGE DISTRIBUTION SYSTEM" (CMDS) means the
billing record and clearing house transport system that the Regional
Xxxx Operating Companies ("RBOCs") and other incumbent LECs use to
efficiently exchange out collects and in collects as well as Carrier
Access Billing System ("CABS") records.
1.14 "CLLI CODES" means Common Language Location Identifier Codes.
1.15 "COMMERCIAL MOBILE RADIO SERVICES" (CMRS) means a radio
communication service between mobile stations or receivers and land
stations, or by mobile stations communicating among themselves that
is provided for profit and that makes interconnected service
available to the public or to such classes of eligible users as to
be effectively available to a substantial portion of the public.
1.16 "COMMISSION" means the Missouri Public Service Commission.
1.17 "COMMON CHANNEL SIGNALING" OR "CCS" means a high-speed
specialized packet-switched communications network that is separate
(out-of-band) from the public packet-switched and message networks.
CCS carries addressed signaling messages for individual trunk
circuits and/or database-related services between Signaling Points
in the CCS network using SS7 signaling protocol.
1.18 "COMPETITIVE LOCAL EXCHANGE CARRIER" (CLEC) means any company
or person authorized to provide local exchange services in
competition with an ILEC.
1.19 "COMPLIANCE" means environmental and safety laws and
regulations are based upon a federal regulatory framework, with
certain responsibilities delegated to the States. An
environmental/safety compliance program may include review of
applicable laws/regulations, development of written procedures,
training of employees and auditing.
1.20 "CUSTOMER" may mean GTE or DTI depending on the context and
which Party is receiving the service from the other Party.
1.21 "CUSTOMER USAGE DATA" means that the local telecommunications
services usage data of a CLEC customer, measured in minutes,
sub-minute increments, message units, or otherwise, that is recorded
and exchanged by the Parties.
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1.22 "DS-1" is a digital signal rate of 1.544 Mbps.
1.23 "DS-3" is a digital signal rate of 44.736 Mbps.
1.24 "ELECTRONIC FILE TRANSFER" refers to a system or process
which utilizes an electronic format and protocol to send/receive
data files.
1.25 "EMR" means the Exchange Message Record which is an industry
standard record used to exchange telecommunications message
information among CLECs for billable, nonbillable, sample,
settlement and study data. EMR format is defined in BR-010-200-010
XXXX Exchange Message Record, published by Bellcore and which
defines the industry standard for exchange message records.
1.26 "E-911 SERVICE" is a method of routing 911 calls to a Public
Service Answering Point that uses a customer location database to
determine the location to which a call should be routed. E-9-1-1
service includes the forwarding of the caller's Automatic Number
Identification (ANI) to the PSAP where the ANI is used to retrieve
and display the Automatic Location Identification (ALI) on a
terminal screen at the answering Attendant's position. It usually
includes selective routing.
1.27 "EXCHANGE SERVICE" refers to all basic access line services,
or any other services offered to end users which provide end users
with a telephonic connection to, and a unique telephone number
address on, the public switched telecommunications network ("PSTN"),
and which enable such end users to place or receive calls to all
other stations on the PSTN.
1.28 "EIS" OR "EXPANDED INTERCONNECTION SERVICE" means a service
that provides interconnecting carriers with the capability to
terminate basic fiber optic transmission facilities, including
optical terminating equipment and multiplexers, at GTE's wire
centers and access tandems and interconnect those facilities with
the facilities of GTE. Microwave is available on a case-by-case
basis where feasible.
1.29 "FACILITY" means all buildings, equipment, structures and
other items located on a single site or contiguous or adjacent sites
owned or operated by the same persons or person as used in Article
III, Section 44.
1.30 "FCC" means the Federal Communications Commission.
1.31 "GENERATOR" means under Resource Conservation Recovery Act
(RCRA), the person whose act produces a hazardous waste (40 CFR 261)
or whose act first causes a hazardous waste to become subject to
regulation. The generator is legally responsible for the proper
management and disposal of hazardous wastes in accordance with
regulations.
1.32 "GTOC" means GTE Telephone Operating Company.
1.33 "GUIDE" means the GTE Open Market Transition Order/Processing
Guide/ALEC Customer Guide, which contains GTE's operating procedures
for ordering, provisioning, trouble reporting and repair for resold
services and unbundled elements. Except as specifically provided
otherwise in this Agreement, service ordering, provisioning, billing
and maintenance shall be governed by the "Guide" which may be
amended from time to time by GTE as needed.
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1.34 "HAZARDOUS CHEMICAL" means as defined in the U.S.
Occupational Safety and Health (OSHA) hazard communication standard
(29 CFR 1910.1200), any chemical which is a health hazard or
physical hazard.
1.35 "HAZARDOUS WASTE" means as described in Resource Conservation
Recovery Act (RCRA), a solid waste(s) which may cause, or
significantly contribute to an increase in mortality or illness or
pose a substantial hazard to human health or the environment when
improperly treated, stored, transported or disposed of or otherwise
managed because of its quantity, concentration or physical or
chemical characteristics.
1.36 "IMMINENT DANGER" means as described in the Occupational
Safety and Health Act and expanded for environmental matters, any
conditions or practices at a facility which are such that a danger
exists which could reasonably be expected to cause death or serious
harm or significant damage to the environment or natural resources.
1.37 "INCUMBENT LOCAL EXCHANGE CARRIER" (ILEC) means any local
exchange carrier that was as of February 8,1996, deemed to be a
member of the Exchange Carrier Association as set forth in 47 C.F.R.
Section 69.601(b) of the FCC's regulations.
1.38 "INTERIM NUMBER PORTABILITY (INP)" means the delivery of LNP
capabilities, from a customer standpoint in terms of call
completion, with as little impairment of functioning, quality,
reliability, and convenience as possible and from a carrier
standpoint in terms of compensation, through the use of existing and
available call routing, forwarding, and addressing capabilities.
1.39 "INTERCONNECTION POINT" ("IP") means the physical point on
the network where the two parties interconnect. The "IP" is the
demarcation point between ownership of the transmission facility.
1.40 "ISDN USER PART (ISUP)" means a part of the SS7 protocol that
defines call setup messages and call takedown messages.
1.41 "IXC" OR "INTEREXCHANGE CARRIER" means a telecommunications
service provider authorized by the FCC to provide interstate long
distance communications services between LATAs and are authorized by
the State to provide inter- and/or intraLATA long distance
communications services within the State.
1.42 "INTERNETWORK FACILITIES" OR "INTERCONNECTION FACILITY" means
the physical connection of separate pieces of equipment,
transmission facilities, etc., within, between and among networks,
for the transmission and routing of exchange service and exchange
access.
1.43 "LATA" means Local Access and Transport Area. A LATA denotes
a geographic area for the provision and administration of
communications service; i.e., intraLATA or interLATA.
1.44 "LINE INFORMATION DATA BASE (LIDB)" means one or all, as the
context may require, of the Line Information databases owned
individually by GTE and other entities which provide, among other
things, calling card validation functionality for telephone line
number cards issued by GTE and other entities. A LIDB also contains
validation data for collect and third number-billed calls; i.e.,
Billed Number Screening.
1.45 "LINE SIDE" refers to an end office switch connection that
has been programmed to treat the circuit as a local line connected
to an ordinary telephone station set. Line side
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connections offer only those transmission and signaling features
appropriate for a connection between an end office and an ordinary
telephone set.
1.46 "LOCAL EXCHANGE CARRIER" OR "LEC" means any company certified
by the Commission to provide local exchange telecommunications
service. This includes the Parties to this Agreement.
1.47 "LOCAL EXCHANGE ROUTING GUIDE" OR "LERG" means the Bellcore
reference customarily used to identify NPA-NXX routing and homing
information, as well as network element and equipment designation.
1.48 "LOCAL NUMBER PORTABILITY (LNP)" means the ability of users
of telecommunications services to retain, at the same location,
existing telecommunications numbers without impairment of quality,
reliability, or convenience when switching from one
telecommunications carrier to another.
1.49 "LOCAL TRAFFIC" means traffic that is originated by an end
user of one Party and terminates to the end user of the other Party
within GTE's then current local serving area, including mandatory
local calling scope arrangements. A mandatory local calling scope
arrangement is an arrangement that provides end users a local
calling scope, Extended Area Service ("EAS"), beyond their basic
exchange serving area. Local Traffic does not include optional
local calling scopes (i.e., optional rate packages that permit the
end user to choose a local calling scope beyond their basic exchange
serving area for an additional fee), referred to hereafter as
"optional EAS." Local Traffic excludes Information Service Provider
("ISP") traffic (e.g., Internet, paging, 900-976, etc.).
1.50 "MDF" OR "MAIN DISTRIBUTION FRAME" means the distribution
frame used to interconnect cable pairs and line trunk equipment
terminating on a switching system.
1.51 "MEET-POINT BILLING" OR "MPB" refers to an arrangement
whereby two LECs jointly provide the transport element of a switched
access service to one of the LEC's end office switches, with each
LEC receiving an appropriate share of the transport element revenues
as defined by their effective access tariffs.
1.52 "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.
1.53 "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, establish methods for processing
orders for access service which is to be provided by two or more
LECs.
1.54 "MID-SPAN FIBER MEET" means an Interconnection architecture
whereby two carriers' fiber transmission facilities meet at a
mutually agreed-upon POI.
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1.55 "NANP" means the "North American Numbering Plan", the system
of telephone numbering employed in the United States, Canada, and
the Caribbean countries that employ NPA 809.
1.56 "NETWORK ELEMENT" means a facility or equipment used in the
provision of a telecommunications service. Network Element includes
features, functions, and capabilities that are provided by means of
such facility or equipment, including subscriber numbers, databases,
signaling systems, and information sufficient for billing and
collection or used in the transmission, routing, or other provision
of a telecommunications service.
1.57 "NID" OR "NETWORK INTERFACE DEVICE" means the point of
demarcation between the end user's inside wiring and GTE's
facilities.
1.58 "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 NANP. Each NPA contains 800 possible NXX Codes. There
are two general categories of NPA, "Geographic NPAs" and
"Non-Geographic NPAs". A Geographic NPA is associated with a
defined geographic area, and all telephone numbers bearing such NPA
are associated with services provided within that geographic area.
A Non-Geographic NPA, also known as a "Service Access Code" or "SAC
Code" is typically associated with a specialized telecommunications
service which may be provided across multiple geographic NPA areas.
800, 900, 700, and 888 are examples of Non-Geographic NPAs.
1.59 "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" digits of a 10-digit telephone number within the NANP.
Each NXX Code contains 10,000 station numbers.
1.60 "911 SERVICE" means a universal telephone number which gives
the public direct access to the PSAP. Basic 911 service collects
911 calls from one or more local exchange switches that serve a
geographic area. The calls are then sent to the correct authority
designated to receive such calls.
1.61 "OWNER AND OPERATOR" means as used in OSHA regulations, owner
is the legal entity, including a lessee, which exercises control
over management and record keeping functions relating to a building
or facility. As used in the Resource Conservation and Recovery Act
(RCRA), operator means the person responsible for the overall (or
part of the) operations of a facility.
1.62 "POI" means Point of Interconnection designated for routing
of local interconnection trunks.
1.63 "POLE ATTACHMENT" has the meaning as set forth in Article X
and Appendix K of this Agreement.
1.64 "PROVIDER" may mean GTE or DTI depending on the context and
which Party is providing the service to the other Party.
1.65 "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
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by employees of Emergency Response Agencies ("ERAs") such as
police, fire or emergency medical agencies or by employees of a
common bureau serving a group of such entities.
1.66 "RATE CENTER" means the specific geographic point and
corresponding geographic area that are associated with one or more
particular NPA-NXX Codes that have been assigned to a LEC for its
provision of Exchange Services. The geographic point is identified
by a specific Vertical and Horizontal (V&H) coordinate that is used
to calculate distance-sensitive end user traffic to/from the
particular NPA-NXXs associated with the specific Rate Center.
1.67 "RIGHT-OF-WAY" OR "ROW" means the right to use the land or
other property of another party to place poles, conduits, cables,
other structures and equipment, or to provide passage to access such
structures and equipment. A ROW may run under, on, or above public
or private property (including air space above public or private
property) and may include the right to use discrete space in
buildings, building complexes, or other locations.
1.68 "ROUTING POINT" denotes a location that a LEC has designated
on its network as the homing (routing) point for traffic that
terminates to Exchange Services provided by the LEC that bear a
certain NPA-NXX designation. The Routing Point is used to calculate
airline mileage for the distance-sensitive transport element charges
of Switched Access Services. Pursuant to Bellcore Practice
BR795-100-100, the Routing Point may be an end office location, or a
"LEC Consortium Point of Interconnection." The Routing Point must
be in the same LATA as the associated NPA-NXX.
1.69 "SERVICE CONTROL POINT" OR "SCP" is the node in the signaling
network to which informational requests for service handling, such
as routing, are directed and processed. The SCP is a real time
database system that, based on a query from the SSP, performs
subscriber or application-specific service logic, and then sends
instructions back to the SSP on how to continue call processing.
1.70 "SERVICE SWITCHING POINT" OR "SSP" means a Signaling Point
that can launch queries to databases and receive/interpret responses
used to provide specific customer services.
1.71 "SIGNALING POINT" OR "SP" means a node in the CCS network
that originates and/or receives signaling messages, or transfers
signaling messages from one signaling link to another, or both.
1.72 "SIGNALING SYSTEM 7" OR "SS7" means the signaling protocol,
Version 7, of the CCS network, based upon American National
Standards Institute ("ANSI") standards.
1.73 "SIGNAL TRANSFER POINT" OR "STP" means a packet switch in the
CCS network that is used to route signaling messages among SSPs,
SCPs and other STPs in order to set up calls and to query databases
for advanced services. GTE's network includes mated pairs of local
and regional STPs. STPs are provided in pairs for redundancy. GTE
STPs conform to ANSI T1.111-8 standards.
1.74 "SUBSIDIARY" of a Party means a corporation or other legal
entity that is majority owned by such Party.
1.75 "SYNCHRONOUS OPTICAL NETWORK" OR "SONET" means synchronous
electrical ("STS") or optical channel ("OC") connections between
LECs.
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1.76 "SWITCHED ACCESS SERVICE" means the offering of facilities
for the purpose of the origination or termination of traffic to or
from Exchange Service customers in a given area pursuant to a
switched access tariff. Switched Access Services include: Feature
Group A, Feature Group B, Feature Group C, Feature Group D, 800
access and 900 access services.
1.77 "TELECOMMUNICATIONS SERVICES" means the offering of
telecommunications for a fee directly to the public, or to such
classes of users as to be effectively available directly to the
public, regardless of the facilities used.
1.78 "THIRD PARTY CONTAMINATION" means environmental pollution
that is not generated by the LEC or DTI but results from off-site
activities impacting a facility.
1.79 "TRUNK SIDE" refers to a central office switch connection
that is capable of, and has been programmed to treat the circuit as,
connecting to another switching entity, for example, to another
central office switch. Trunk side connections offer those
transmission and signaling features appropriate for the connection
of switching entities and cannot be used for the direct connection
of ordinary telephone station sets.
1.80 "UNDEFINED TERMS" means the Parties acknowledge that terms
may appear in this Agreement which are not defined and agree that
any such terms shall be construed in accordance with their customary
usage in the telecommunications industry as of the effective date of
this Agreement.
1.81 "VERTICAL FEATURES" (INCLUDING "CLASS FEATURES") means
vertical services and switch functionalities provided by GTE,
including: Automatic Call Back; Automatic Recall; Call Forwarding
Busy Line/Don't Answer; Call Forwarding Don't Answer; Call
Forwarding Variable; Call Forwarding - Busy Line; Call Trace; Call
Waiting; Call Number Delivery Blocking Per Call; Calling Number
Blocking Per Line; Cancel Call Waiting; Distinctive Ringing/Call
Waiting; Incoming Call Line Identification Delivery; Selective Call
Forward; Selective Call Rejection; Speed Calling; and Three Way
Calling/Call Transfer.
1.82 "WIRE CENTER" means a building or space within a building
that serves as an aggregation point on a LEC's network, where
transmission facilities and circuits are connected or switched.
"Wire center" can also denote a building in which one or more
Central Offices, used for the provision of exchange services and
access services, are located.
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ARTICLE III
GENERAL PROVISIONS
1. Scope of General Provisions. Except as may otherwise be set forth in a
particular Article or Appendix of this Agreement, in which case the
provisions of such Article or Appendix shall control, these General
Provisions apply to all Articles and Appendices of this Agreement.
2. Term and Termination.
2.1 Term. Subject to the termination provisions contained in this
Agreement, the term of this Agreement shall be two (2) years from the
effective date referenced in the first paragraph of this Agreement and
shall continue in effect for consecutive one (1) year terms until
either Party gives the other Party at least ninety (90) calendar days
written notice of termination, which termination shall be effective at
the end of the then-current term. In the event notice is given less
than 90 calendar days prior to the end of the current term, this
Agreement shall remain in effect for 90 calendar days after such
notice is received, provided, that in no case shall the term be
extended beyond 90 calendar days after the end of the current term.
2.2 Post-Termination Arrangements. Except in the case of termination as a
result of either Party's default or a termination upon sale, for
service arrangements made available under this Agreement and existing
at the time of termination, those arrangements may continue without
interruption (a) under a new agreement voluntarily executed by the
Parties; (b) standard terms and conditions approved and made generally
effective by the Commission, if any; (c) tariff terms and conditions
made generally available to all CLECs; or (d) any rights under Section
252(I) of the Act.
2.3 Termination Upon Default. Either Party may terminate this Agreement
in whole or in part in the event of a default by the other Party;
provided however, that the non-defaulting Party notifies the
defaulting party in writing of the alleged default and that the
defaulting Party does not cure the alleged default within sixty (60)
calendar days of receipt of written notice thereof. Default is
defined to include:
(a) A Party's insolvency or the initiation of bankruptcy or receivership
proceedings by or against the Party; or
(b) A Party's refusal or failure in any material respect properly to
perform its obligations under this Agreement, or the violation any of
the material terms or conditions of this Agreement.
2.4 Termination Upon Sale. Notwithstanding anything to the contrary
contained herein, a Party may terminate this Agreement as to a
specific operating area or portion thereof of such Party if such Party
sells or otherwise transfers the area or portion thereof. The Party
shall provide the other Party with at least ninety (90) calendar days'
prior written notice of such termination, which shall be effective on
the date specified in the notice. Notwithstanding termination of this
Agreement as to a specific operating area, this Agreement shall remain
in full force and effect in the remaining operating areas.
2.5 Liability upon Termination. Termination of this Agreement, or any part
hereof, for any cause shall not release either Party from any
liability which at the time of termination had already accrued to the
other Party or which thereafter accrues in any respect to any act or
omission occurring prior to the termination or from an obligation
which is expressly stated in this Agreement to survive termination.
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3. Amendments. Any amendment, modification, or supplement to this Agreement
must be in writing and signed by an authorized representative of each
Party. The term "this Agreement" shall include future amendments,
modifications, and supplements.
4. Assignment. Any assignment by either Party of any right, obligation, or
duty, in whole or in part, or of any interest, without the written consent
of the other Party shall be void, except that either Party may assign all
of its rights, and delegate its obligations, liabilities and duties under
this Agreement, either in whole or in part, to any entity that is, or that
was immediately preceding such assignment, a Subsidiary or Affiliate of
that Party without consent, but with written notification. The
effectiveness of an assignment shall be conditioned upon the assignee's
written assumption of the rights, obligations, and duties of the assigning
Party.
5. Authority. Each person whose signature appears on this Agreement
represents and warrants that he or she has authority to bind the Party on
whose behalf he or she has executed this Agreement.
6. Responsibility for Payment. All charges for Services provided under this
Agreement will be billed to DTI, including all applicable taxes and
surcharges. In addition, the End User Common Line (EUCL) Charge from GTOC
Tariff FCC No. 1 is applicable to Resold Services. DTI is responsible for
payment of charges billed regardless of any billing arrangements or
situation between DTI and its end user customer.
7. Billing and Payment. Except as provided elsewhere in this Agreement and
where applicable, in conformance with MECAB and MECOD guidelines, DTI and
GTE agree to exchange all information to accurately, reliably, and
properly xxxx for features, functions and services rendered under this
Agreement.
7.1 Dispute. If one Party disputes a billing statement issued by the
other Party, the billed Party shall notify Provider in writing
regarding the nature and the basis of the dispute within six (6)
months of the statement date or the dispute shall be waived. The
Parties shall diligently work toward resolution of all billing issues.
7.2 Late Payment Charge. If any undisputed amount due on the billing
statement is not received by Provider on the payment due date,
Provider may charge, and Customer agrees to pay, at Provider's option,
interest on the past due balance at a rate equal to the lesser of the
interest rates set forth in the applicable GTE/Contel state access
tariffs or the GTOC/GSTC FCC No. 1 tariff, one and one-half percent (1
1/2%) per month or the maximum nonusurious rate of interest under
applicable law. Late payment charges shall be included on the next
statement.
7.3 Due Date. Payment is due 30 calendar days from the xxxx date.
7.4 Audits. Either Party may conduct an audit of the other Party's books
and records pertaining to the Services provided under this Agreement,
no more frequently than once per twelve (12) month period, to evaluate
the other Party's accuracy of billing, data and invoicing in
accordance with this Agreement. Any audit shall be performed as
follows: (I) following at least thirty (30) Business Days' prior
written notice to the audited Party; (ii) subject to the reasonable
scheduling requirements and limitations of the audited Party; (iii) at
the auditing Party's sole cost and expense; (iv) of a reasonable scope
and duration; (v) in a manner so as not to interfere with the audited
Party's business operations; and (vi) in compliance with the audited
Party's security rules.
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8. Binding Effect. This Agreement shall be binding on and inure to the
benefit of the respective successors and permitted assigns of the Parties.
9. Capacity Planning and Forecasting. Within thirty (30) days from the
Effective Date of this Agreement, the Parties agree to have met and
developed joint planning and forecasting responsibilities which are
applicable to Local Services, including Features, Network Elements, INP,
Interconnection Services, Collocation, Poles, Conduits and Rights of Way
(ROW). Such responsibilities shall include but are not limited to the
following:
(a) The Parties will establish periodic reviews of network and technology
plans and will notify one another no later than six (6) months in advance
of changes that would impact either Party's provision of services.
(b) DTI will furnish to GTE information that provides for state-wide annual
forecasts of order activity, in-service quantity forecasts, and
facility/demand forecasts.
(c) The Parties will develop joint forecasting responsibilities for traffic
utilization over trunk groups and yearly forecasted trunk quantities.
(d) DTI shall notify GTE promptly of changes to current forecasts (increase
or decrease) that generate a shift in the demand curve for the following
forecasting period.
10. Compliance with Laws and Regulations. Each Party shall comply with all
federal, state, and local statutes, regulations, rules, ordinances,
judicial decisions, and administrative rulings applicable to its
performance under this Agreement.
11. Confidential Information.
11.1 Identification. Either Party may disclose to the other proprietary or
confidential customer, technical, or business information in written,
graphic, oral or other tangible or intangible forms ("Confidential
Information"). In order for information to be considered Confidential
Information under this Agreement, it must be marked "Confidential" or
"Proprietary," or bear a marking of similar import. Orally or
visually disclosed information shall be deemed Confidential
Information only if contemporaneously identified as such and reduced
to writing and delivered to the other Party with a statement or
marking of confidentially within thirty (30) calendar days after oral
or visual disclosure.
Notwithstanding the foregoing, preorders and all orders for Services or
network elements placed by DTI pursuant to this Agreement, and information
that would constitute customer proprietary network information of DTI end
user customers pursuant to the Act and the rules and regulations of the
FCC, as well as recorded usage information with respect to DTI end users,
whether disclosed by DTI to GTE or otherwise acquired by GTE in the course
of its performance under this Agreement, and where GTE is the NANP Number
Plan Administrator, DTI information submitted to GTE in connection with
such responsibilities shall be deemed Confidential Information of DTI for
all purposes under this Agreement whether or not specifically marked or
designated as confidential or proprietary.
11.2 Handling. In order to protect such Confidential Information from
improper disclosure, each Party agrees:
(a) That all Confidential Information shall be and shall remain the
exclusive property of the source;
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(b) To limit access to such Confidential Information to authorized
employees who have a need to know the Confidential Information for
performance of this Agreement;
(c) To keep such Confidential Information confidential and to use the same
level of care to prevent disclosure or unauthorized use of the
received Confidential Information as it exercises in protecting its
own Confidential Information of a similar nature;
(d) Not to copy, publish, or disclose such Confidential Information to
others or authorize anyone else to copy, publish, or disclose such
Confidential Information to others without the prior written approval
of the source;
(e) To return promptly any copies of such Confidential Information to the
source at its request; and
(f) To use such Confidential Information only for purposes of fulfilling
work or services performed hereunder and for other purposes only upon
such terms as may be agreed upon between the Parties in writing.
11.3 Exceptions. These obligations shall not apply to any Confidential
Information that was legally in the recipient's possession prior to
receipt from the source, was received in good faith from a Third Party
not subject to a confidential obligation to the source, now is or
later becomes publicly known through no breach of confidential
obligation by the recipient, was developed by the recipient without
the developing persons having access to any of the Confidential
Information received in confidence from the source, or that is
required to be disclosed pursuant to subpoena or other process issued
by a court or administrative agency having appropriate jurisdiction,
provided, however, that the recipient shall give prior notice to the
source and shall reasonably cooperate if the source deems it necessary
to seek protective arrangements.
11.4 Survival. The obligation of confidentiality and use with respect to
Confidential Information disclosed by one Party to the other shall
survive any termination of this Agreement for a period of three (3)
years from the date of the initial disclosure of the Confidential
Information.
12. Consent. Where consent, approval, or mutual agreement is required of a
Party, it shall not be unreasonably withheld or delayed.
13. Cooperation on Fraud Minimization. DTI assumes responsibility for all
fraud associated with its end user customers and accounts. GTE shall have
no responsibility for, nor is it required to investigate or make
adjustments to DTI's account in cases of fraud. The Parties agree that
they shall cooperate with one another to resolve cases of fraud. The
Parties' fraud minimization procedures are to be cost effective and
implemented so as not to unduly burden or harm one Party as compared to
the other.
14. Dispute Resolution.
14.1 Alternative to Litigation. Except as provided under Section 252 of
the Act with respect to the approval of this Agreement by the
Commission, the Parties desire to resolve disputes arising out of or
relating to this Agreement without litigation. Accordingly, except
for action seeking a temporary restraining order or an injunction
related to the purposes of this Agreement, or suit to compel
compliance with this dispute resolution process, the Parties agree to
use the following alternative dispute resolution procedures as their
sole remedy
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with respect to any controversy or claim arising out of or relating to
this Agreement or its breach.
14.2 Negotiations. At the written request of a Party, each Party will
appoint a knowledgeable, responsible representative to meet and
negotiate in good faith to resolve any dispute arising out of or
relating to this Agreement. The Parties intend that these
negotiations be conducted by non-lawyer, business representatives. The
location, format, frequency, duration, and conclusion of these
discussions shall be left to the discretion of the representatives.
Upon agreement, the representatives may utilize other alternative
dispute resolution procedures such as mediation to assist in the
negotiations. Discussions and correspondence among the
representatives for purposes of these negotiations shall be treated as
confidential information developed for purposes of settlement, exempt
from discovery, and shall not be admissible in the arbitration
described below or in any lawsuit without the concurrence of all
Parties. Documents identified in or provided with such
communications, which are not prepared for purposes of the
negotiations, are not so exempted and may, if otherwise discoverable,
be discovered or otherwise admissible, be admitted in evidence, in the
arbitration or lawsuit.
14.3 Arbitration. If the negotiations do not resolve the dispute within
sixty (60) Business Days of the initial written request, the dispute
shall be submitted to binding arbitration by a single arbitrator
pursuant to the Commercial Arbitration Rules of the American
Arbitration Association except that the Parties may select an
arbitrator outside American Arbitration Association rules upon mutual
agreement. A Party may demand such arbitration in accordance with the
procedures set out in those rules. Discovery shall be controlled by
the arbitrator and shall be permitted to the extent set out in this
section. Each Party may submit in writing to a Party, and that Party
shall so respond to, a maximum of any combination of thirty-five (35)
(none of which may have subparts) of the following: interrogatories,
demands to produce documents, or requests for admission. Each Party
is also entitled to take the oral deposition of one individual of
another Party. Additional discovery may be permitted upon mutual
agreement of the Parties. The arbitration hearing shall be commenced
within sixty (60) Business Days of the demand for arbitration. The
arbitration shall be held in a mutually agreeable city. The
arbitrator shall control the scheduling so as to process the matter
expeditiously. The Parties may submit written briefs. The arbitrator
shall rule on the dispute by issuing a written opinion within thirty
(30) Business Days after the close of hearings. The times specified
in this section may be extended upon mutual agreement of the Parties
or by the arbitrator upon a showing of good cause. Judgment upon the
award rendered by the arbitrator may be entered in any court having
jurisdiction.
14.4 Expedited Arbitration Procedures. If the issue to be resolved through
the negotiations referenced in Section 14.2 directly and materially
affects service to either Party's end user customers, then the period
of resolution of the dispute through negotiations before the dispute
is to be submitted to binding arbitration shall be five (5) Business
Days. Once such a service affecting dispute is submitted to
arbitration, the arbitration shall be conducted pursuant to the
expedited procedures rules of the Commercial Arbitration Rules of the
American Arbitration Association (i.e., rules 53 through 57).
14.5 Costs. Each Party shall bear its own costs of these procedures. A
Party seeking discovery shall reimburse the responding Party the costs
of production of documents (including search time and reproduction
costs). The Parties shall equally split the fees of the arbitration
and the arbitrator.
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14.6 Continuous Service. The Parties shall continue providing services to
each other during the pendency of any dispute resolution procedure,
and the Parties shall continue to perform their obligations (including
making payments in accordance with Article IV, Section 4) in
accordance with this Agreement.
15. Entire Agreement. This Agreement constitutes the entire agreement of the
Parties pertaining to the subject matter of this Agreement and supersedes
all prior agreements, negotiations, proposals, and representations,
whether written or oral, and all contemporaneous oral agreements,
negotiations, proposals, and representations concerning such subject
matter. No representations, understandings, agreements, or warranties,
expressed or implied, have been made or relied upon in the making of this
Agreement other than those specifically set forth herein.
16. Expenses. Except as specifically set out in this Agreement, each Party
shall be solely responsible for its own expenses involved in all
activities related to the subject of this Agreement.
17. Force Majeure. In the event performance of this Agreement, or any
obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, earthquake or
likes acts of God, wars, revolution, civil commotion, explosion, acts of
public enemy, embargo, acts of the government in its sovereign capacity,
labor difficulties, including without limitation, strikes, slowdowns,
picketing, or boycotts, unavailability of equipment from vendor, changes
requested by Customer, or any other circumstances beyond the reasonable
control and without the fault or negligence of the Party affected, the
Party affected, upon giving prompt notice to the other Party, shall be
excused from such performance on a day-to-day basis to the extent of such
prevention, restriction, or interference (and the other Party shall
likewise be excused from performance of its obligations on a day-to-day
basis until the delay, restriction or interference has ceased); provided
however, that the Party so affected shall use diligent efforts to avoid or
remove such causes of nonperformance and both Parties shall proceed
whenever such causes are removed or cease.
18. Good Faith Performance. In the performance of their obligations under
this Agreement, the Parties shall act in good faith. In situations in
which notice, consent, approval or similar action by a Party is permitted
or required by any provision of this Agreement, such action shall not be
unreasonably delayed, withheld or conditioned.
19. Governing Law. This Agreement shall be governed by and construed in
accordance with the domestic laws of the state where the Services are
provided or the facilities reside and shall be subject to the exclusive
jurisdiction of the courts therein.
20. Standard Practices. The Parties acknowledge that GTE shall be adopting
some industry standard approaches and/or establishing its own standard
approaches to various requirements hereunder applicable to DTI industry
which may be added in the Guide. DTI agrees that GTE may implement such
approaches to satisfy any GTE obligations under this Agreement. A copy is
attached hereto as Appendix A and is incorporated by reference into this
Agreement.
21. Headings. The headings in this Agreement are inserted for convenience
and identification only and shall not be considered in the interpretation
of this Agreement.
22. Independent Contractor Relationship. The persons provided by each Party
shall be solely that Party's employees and shall be under the sole and
exclusive direction and control of that Party. They shall not be
considered employees of the other Party for any purpose. Each Party shall
remain an independent contractor with respect to the other and shall be
responsible for compliance with all laws, rules and regulations involving,
but not limited to, employment of labor,
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hours of labor, health and safety, working conditions and payment of wages.
Each Party shall also be responsible for payment of taxes, including
federal, state and municipal taxes, chargeable or assessed with respect to
its employees, such as Social Security, unemployment, workers'
compensation, disability insurance, and federal and state withholding. Each
Party shall indemnify the other for any loss, damage, liability, claim,
demand, or penalty that may be sustained by reason of its failure to comply
with this provision.
23. Law Enforcement Interface.
23.1 Except to the extent not available in connection with GTE's operation
of its own business, GTE shall provide seven day a week/twenty-four
hour a day assistance to law enforcement persons for emergency traps,
assistance involving emergency traces and emergency information
retrieval on customer invoked CLASS services, including, without
limitation, call traces requested by DTI.
23.2 GTE agrees to work jointly with DTI in security matters to support law
enforcement agency requirements for taps, traces, court orders, etc.
Charges for providing such services for DTI Customers will be billed
to DTI.
23.3 GTE will, in non emergency situations, inform the requesting law
enforcement agencies that the end-user to be wire tapped, traced, etc.
is a DTI Customer and shall refer them to DTI.
24. Liability and Indemnity.
24.1 Indemnification. Subject to the limitations set forth in Section 24.4
of this Article III, each Party agrees to release, indemnify, defend,
and hold harmless the other Party from all losses, claims, demands,
damages, expenses, suits, or other actions, or any liability
whatsoever, including, but not limited to, costs and attorney's fees,
whether suffered, made, instituted, or asserted by any other party or
person, for invasion of privacy, personal injury to or death of any
person or persons, or for losses, damages, or destruction of property,
whether or not owned by others, proximately caused by the indemnifying
Party's negligence or willful misconduct, regardless of form of
action. The indemnified Party agrees to notify the other Party
promptly, in writing, of any written claims, lawsuits, or demands for
which it is claimed that the indemnifying Party is responsible under
this Section and to cooperate in every reasonable way to facilitate
defense or settlement of claims. The indemnifying Party shall have
complete control over defense of the case and over the terms of any
proposed settlement or compromise thereof. The indemnifying Party
shall not be liable under this Section for settlement by the
indemnified Party or any claim, lawsuit, or demand, if the
indemnifying Party has not approved the settlement in advance, unless
the indemnifying Party has had the defense of the claim, lawsuit, or
demand tendered to it in writing and has failed to assume such
defense. In the event of such failure to assume defense, the
indemnifying Party shall be liable for any reasonable settlement made
by the indemnified Party without approval of the indemnifying Party.
24.2 End User and Content-Related Claims. Each Party agrees to release,
indemnify, defend, and hold harmless the other Party, its affiliates,
and any third-party provider or operator of facilities involved in the
provision of Services, Unbundled Network Elements or Facilities under
this Agreement (collectively, the "Indemnified Party") from all
losses, claims, demands, damages, expenses, suits, or other actions,
or any liability whatsoever, including, but not limited to, costs and
attorney's fees, suffered, made, instituted, or asserted by either
Party's end users against an Indemnified Party arising from Services,
Unbundled Network Elements or Facilities. Each Party further agrees to
release, indemnify, defend, and hold
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harmless the Indemnified Party from all losses, claims, demands,
damages, expenses, suits, or other actions, or any liability
whatsoever, including, but not limited to, costs and attorney's fees,
suffered, made, instituted, or asserted by any Third Party against an
Indemnified Party arising from or in any way related to actual or
alleged defamation, libel, slander, interference with or
misappropriation of proprietary or creative right, or any other injury
to any person or property arising out of content transmitted by the
Indemnified Party or such Party's end users, or any other act or
omission of the Indemnified Party or such Party's end users.
24.3 DISCLAIMER. EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS
AGREEMENT, PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES TO CUSTOMER
CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES, UNBUNDLED NETWORK
ELEMENTS OR FACILITIES PROVIDED UNDER THIS AGREEMENT. PROVIDER
DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTY OR GUARANTEE OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM
COURSE OF PERFORMANCE, COURSE OF DEALING, OR FROM USAGES OF TRADE.
24.4 Limitation of Liability. Each Party's liability, whether in contract,
tort or otherwise, shall be limited to direct damages, which shall not
exceed the monthly charges for the Services, Unbundled Network
Elements or facilities for the month during which the claim of
liability arose. Under no circumstance shall either Party be
responsible or liable for indirect, incidental, or consequential
damages, including, but not limited to, economic loss or lost business
or profits, damages arising from the use or performance of equipment
or software, or the loss of use of software or equipment, or
accessories attached thereto, delay, error, or loss of data. Should
either Party provide advice, make recommendations, or supply other
analysis related to the Services, unbundled network elements or
facilities described in this Agreement, this limitation of liability
shall apply to provision of such advice, recommendations, and
analysis.
24.5 Intellectual Property. Neither Party shall have any obligation to
defend, indemnify or hold harmless, or acquire any license or right
for the benefit of, or owe any other obligation or have any liability
to, the other based on or arising from any claim, demand, or
proceeding by any Third Party alleging or asserting that the use of
any circuit, apparatus, or system, or the use of any software, or the
performance of any service or method, or the provision or use of any
facilities by either Party under this Agreement constitutes direct or
contributory infringement, or misuse or misappropriation of any
patent, copyright, trademark, trade secret, or any other proprietary
or intellectual property right of any Third Party.
25. Multiple Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which
shall together constitute but one and the same document.
26. No Offer. This Agreement will be effective only upon execution and
delivery by both Parties and approval by the Commission in accordance with
Section 252 of the Act.
27. No Third Party Beneficiaries. Except as may be specifically set forth in
this Agreement, this Agreement does not provide and shall not be construed
to provide third parties with any remedy, claim, liability, reimbursement,
cause of action, or other right or privilege.
28. Notices. Any notice to a Party required or permitted under this
Agreement shall be in writing and shall be deemed to have been received on
the date of service if served personally, on the date receipt is
acknowledged in writing by the recipient if delivered by regular U.S.
mail, or on the date
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stated on the receipt if delivered by certified or registered mail or by a
courier service that obtains a written receipt. Upon prior immediate oral
agreement of the parties' designated recipients identified below, notice
may also be provided by facsimile, internet or electronic messaging system,
which shall be effective if sent before 5:00 p.m. on that day, or if sent
after 5:00 p.m. it will be effective on the next Business Day following the
date sent. Any notice shall be delivered using one of the alternatives
mentioned in this section and shall be directed to the applicable address
indicated below or such address as the Party to be notified has designated
by giving notice in compliance with this section:
If to GTE: GTE Central
Attention: State Director, External Affairs
0000 XXX Xxxxx
Xxxxxxxx "X"
Xxxxxxxxxx, Xxxxxxxx 00000
Facsimile number: (000) 000-0000
Internet Address:
If to DTI: Digital Teleport, Inc.
Attention: X.X. Xxxxxx, Vice President, I.C. Support
00000 Xxxxxxx Xxxx
Xx. Xxxxx, Xxxxxxxx 00000
Facsimile number: (000) 000-0000
Internet Address:
29. Protection.
29.1 Impairment of Service. The characteristics and methods of operation
of any circuits, facilities or equipment of either Party connected
with the services, facilities or equipment of the other Party pursuant
to this Agreement shall not interfere with or impair service over any
facilities of the other Party, its affiliated companies, or its
connecting and concurring carriers involved in its services, cause
damage to their plant, violate any applicable law or regulation
regarding the invasion of privacy of any communications carried over
the Party's facilities or create hazards to the employees of either
Party or to the public (each hereinafter referred to as an "Impairment
of Service").
29.2 Resolution. If either Party causes an Impairment in Service, the
Party whose network or service is being impaired (the "Impaired
Party") shall promptly notify the Party causing the Impairment of
Service (the "Impairing Party") of the nature and location of the
problem and that, unless promptly rectified, a temporary
discontinuance of the use of any circuit, facility or equipment may be
required. The Impairing Party and the Impaired Party agree to work
together to attempt to promptly resolve the Impairment of Service. If
the Impairing Party is unable to promptly remedy the Impairment of
Service, then the Impaired Party may at its option temporarily
discontinue the use of the affected circuit, facility or equipment.
30. Publicity. Any news release, public announcement, advertising, or any
form of publicity pertaining to this Agreement, provision of Services,
Unbundled Network Elements or Facilities pursuant to it, or association of
the Parties with respect to provision of the services described in this
Agreement shall be subject to prior written approval of both GTE and DTI.
31. Regulatory Agency Control. This Agreement shall at all times be subject
to changes, modifications, orders, and rulings by the Federal
Communications Commission and/or the applicable state regulatory
commission to the extent the substance of this Agreement is or becomes
subject to the jurisdiction of such agency.
XXX-0
00
00. Changes in Legal Requirements. GTE and DTI further agree that the terms
and conditions of this Agreement were composed in order to effectuate the
legal requirements in effect at the time the Agreement was produced. Any
modifications to those requirements will be deemed to automatically
supersede any terms and conditions of this Agreement.
33. Effective Date. If this Agreement or changes or modifications thereto
are subject to approval of a regulatory agency, the "effective date" of
this Agreement for such purposes will be ten (10) Business Days after such
approval or in the event this Agreement is developed in whole or in part
through arbitration, sixty (60) Business Days after such approval. Such
date (i.e., ten (10) or, if arbitrated, sixty (60) Business Days after the
approval) shall become the "effective date" of this Agreement for all
purposes.
34. Regulatory Matters. Each Party shall be responsible for obtaining and
keeping in effect all their own FCC, state regulatory commission,
franchise authority and other regulatory approvals that may be required in
connection with the performance of its obligations under this Agreement.
35. Rule of Construction. No rule of construction requiring interpretation
against the drafting party hereof shall apply in the interpretation of
this Agreement.
36. Section References. Except as otherwise specified, references within an
Article of this Agreement to a Section refer to Sections within that same
Article.
37. Service Standards.
37.1 The Parties shall meet applicable quality of local service standards
imposed by the Commission and will provide a level of services to each
other under this Agreement in compliance with the nondiscrimination
requirements of the Act.
37.2 GTE and DTI agree to implement the performance measures defined in
Appendix A.
37.3 The Parties will alert each other to any network events that can
result or have resulted in service interruption, blocked calls, and/or
changes in network performance.
38. Severability. If any provision of this Agreement is held by a court or
regulatory agency of competent jurisdiction to be unenforceable, the rest
of the Agreement shall remain in full force and effect and shall not be
affected unless removal of that provision results, in the opinion of
either Party, in a material change to this Agreement. If a material
change as described in this paragraph occurs as a result of action by a
court or regulatory agency, the Parties shall negotiate in good faith for
replacement language. If replacement language cannot be agreed upon
within a reasonable period, either Party may terminate this Agreement
without penalty or liability for such termination upon written notice to
the other Party.
39. Subcontractors. Provider may enter into subcontracts with third parties
or affiliates for the performance of any of Provider's duties or
obligations under this Agreement.
40. Subsequent Law. The terms and conditions of this Agreement shall be
subject to any and all applicable laws, rules, or regulations that
subsequently may be prescribed by any federal, state or local governmental
authority. To the extent required by any such subsequently prescribed
law, rule, or regulation, the Parties agree to modify, in writing, the
affected term(s) and condition(s) of this Agreement to bring them into
compliance with such law, rule, or regulation.
41. Taxes. Any state or local excise, sales, or use taxes (excluding any
taxes levied on income) resulting from the performance of this Agreement
shall be borne by the Party upon which the
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32
obligation for payment is imposed under applicable law, even if the
obligation to collect and remit such taxes is placed upon the other Party.
The collecting Party shall charge and collect from the obligated Party, and
the obligated Party agrees to pay to the collecting Party, all applicable
taxes, except to the extent that the obligated Party notifies the
collecting Party and provides to the collecting Party appropriate
documentation as GTE requires that qualifies the obligated Party for a full
or partial exemption. Any such taxes shall be shown as separate items on
applicable billing documents between the Parties. The obligated Party may
contest the same in good faith, at its own expense, and shall be entitled
to the benefit of any refund or recovery, provided that such Party shall
not permit any lien to exist on any asset of the other Party by reason of
the contest. The collecting Party shall cooperate in any such contest by
the other Party. The other Party will indemnify the collecting Party from
any sales or use taxes that may be subsequently levied on payments by the
other Party by the collecting Party.
41.1 Tax - A charge which is statutorily imposed by the state or local
jurisdiction and is either (a) imposed on the seller with the seller
having the right or responsibility to pass the charge(s) on to the
purchaser and the seller is responsible for remitting the charge(s) to
the state or local jurisdiction or (b) imposed on the purchaser with
the seller having an obligation to collect the charge(s) from the
purchaser and remit the charge(s) to the state or local jurisdiction.
Taxes shall include but not be limited to: federal excise tax, state/local
sales and use tax, state/local utility user tax, state/local
telecommunication excise tax, state/local gross receipts tax, and local
school taxes. Taxes shall not include income, income-like, gross receipts
on the revenue of a provider, or property taxes. Taxes shall not include
payroll withholding taxes unless specifically required by statute or
ordinance.
41.2 Fees/Regulatory Surcharges - A charge imposed by a regulatory
authority, other agency, or resulting from a contractual obligation,
in which the seller is responsible or required to collect the
fee/surcharge from the purchaser and the seller is responsible for
remitting the charge to the regulatory authority, other agency, or
contracting party.
Fees/Regulatory Surcharges shall include but not be limited to E911/911,
E311/311, franchise fees, Lifeline, hearing impaired, and Commission
surcharges.
42. Trademarks and Trade Names. Except as specifically set out in this
Agreement, nothing in this Agreement shall grant, suggest, or imply any
authority for one Party to use the name, trademarks, service marks, or
trade names of the other for any purpose whatsoever.
43. Waiver. The failure of either Party to insist upon the performance of
any provision of this Agreement, or to exercise any right or privilege
granted to it under this Agreement, shall not be construed as a waiver of
such provision or any provisions of this Agreement, and the same shall
continue in full force and effect.
44. Environmental Responsibility.
44.1 GTE and DTI agree to comply with applicable federal, state and local
environmental and safety laws and regulations including U.S.
Environmental Protection Agency (EPA) regulations issued under the
Clean Air Act, Clean Water Act, Resource Conservation and Recovery
Act, Comprehensive Environmental Response, Compensation and Liability
Act, Superfund Amendments and Reauthorization Act and the Toxic
Substances Control Act and OSHA regulations issued under the
Occupational Safety and Health Act of 1970. Each Party has the
responsibility to notify the other if Compliance inspections occur
and/or
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citations are issued that impact any aspect of this Agreement such as
occurring on a LEC Facility or involving DTI potential employee
exposure.
44.2 GTE and DTI shall provide notice of known and recognized
physical hazards or hazardous chemicals that must include providing
Material Safety Data Sheets (MSDSs) for materials existing on site
or brought on site to the Facility. Each Party is required to
provide specific notice for potential imminent danger conditions
which could include, but is not limited to, a defective utility pole
or significant petroleum contamination in a manhole.
44.3 GTE will make available additional environmental control or
safety procedures for DTI to review and follow when working at a GTE
Facility. Providing these procedures, beyond government regulatory
Compliance requirements, is the decision of GTE. These
practices/procedures will represent the regular work practices
required to be followed by the employees and contractors of GTE for
safety and environmental protection.
44.4 Any materials brought, used or remaining at the Facility by
DTI are owned by DTI. DTI will indemnify GTE for these materials.
No substantial new safety or environmental hazards can be created or
new hazardous materials can be used at a GTE Facility. DTI must
demonstrate adequate emergency response capabilities for its
materials used or remaining at the GTE Facility.
44.5 When Third Party contamination is discovered at a GTE
Facility, the Party uncovering the condition must notify the proper
safety or environmental authority, if required under applicable laws
or regulations. DTI must also notify GTE of Third Party
contamination it discovers at GTE facilities. The cost xxxxxx
(requiring access) will become the generator, as owner or operator,
of any waste materials such as petroleum contaminated water, sewage
or manhole sediment. Notwithstanding Section 24 and Section 44.9 of
this Article III, the cost xxxxxx (requiring access) shall indemnify
the other Party hereunder.
44.6 DTI should obtain and use its own environmental permits, if
necessary. If GTE's permit or EPA identification number must be
used, DTI must comply with all of GTE's environmental processes
including environmental "best management practices (BMP)" and/or
selection of disposition vendors and disposal sites.
44.7 DTI visitors must comply with GTE security, fire safety,
safety, environmental and building practices/codes including
equivalent employee training when working in GTE facilities.
44.8 GTE and DTI shall coordinate plans or information required to
be submitted to government agencies, such as emergency response
plans and community reporting. If fees are associated with filing,
GTE and DTI must develop a cost sharing procedure.
44.9 Notwithstanding Section 23, with respect to environmental
responsibility under this Section 44, GTE and DTI shall indemnify,
defend and hold harmless the other party from and against any claims
(including, without limitation, Third Party claims for personal
injury or real or personal property damage), judgments, damages
(including direct and indirect damage, and punitive damages),
penalties, fines, forfeitures, cost, liabilities, interest and
losses proximately caused by the indemnifying Party's negligent or
willful misconduct regardless of form, or in connection with the
violation or alleged violation of any applicable requirement with
respect to the presence or alleged presence of contamination arising
out of the indemnifying party's acts or omissions concerning its
operations at the Facility.
44.10 Activities impacting safety or the environment of a Right of
Way must be harmonized with the specific agreement and the
relationship between GTE and the private land
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owner. This could include limitations on equipment access due to
environmental conditions (e.g., wetland area with equipment
restrictions).
45. TBD Prices. Numerous provisions in this Agreement and its Attachments
refer to pricing principles. If a provision references prices in an
Attachment and there are no corresponding prices in such Attachment, such
price shall be considered "To Be Determined" (TBD). With respect to all
TBD prices, prior to DTI ordering any such TBD item, the Parties shall
meet and confer to establish a price. If the Parties are unable to reach
agreement on a price for such item, an interim price shall be set for such
item that is equal to the price for the nearest analogous item for which a
price has been established (for example, if there is not an established
price for a nonrecurring charge (NRC) for a specific network element, the
Parties would use the NRC for the most analogous retail service for which
there is an established price). Any interim prices so set shall be
subject to modification by any subsequent decision of the Commission. If
an interim price is different from the rate subsequently established by
the Commission, any underpayment shall be paid by DTI to GTE, and any
overpayment shall be refunded by GTE to DTI, within 45 Business Days after
the establishment of the price by the Commission.
46. Amendment of Certain Rates, Terms and Conditions. The Parties agree as
follows with respect to modification of the rates, terms and conditions
initially provided for herein:
The rates, terms and conditions that are specified in Appendix 00X (xxx
"XXX Xxxxx") may be replaced by the rates, terms and conditions from the
GTE/OtherCLEC Interconnection, Resale and Unbundling Agreement (the
"OtherCLEC Agreements"), respectively, that are specified in Appendix 46B
(the "OtherCLEC Terms") if and when the OtherCLEC Agreement becomes
effective after approval by order of the Commission in Case No. . The
rates, terms and conditions that are specified in Appendix 46B (the
OtherCLEC Terms) shall not take effect for purposes of this Agreement until
thirty (30) days following GTE's receipt of written notice of DTI's
election to replace the specified GTE Terms with the specified OtherCLEC
Terms, which notice may be given no earlier than the date the OtherCLEC
Agreement is approved by the Commission and effective. GTE and DTI agree
that if the OtherCLEC Terms are deemed to be unlawful, or are stayed,
enjoined or otherwise modified, in whole or in part, by a court or
commission of competent jurisdiction, then this Agreement shall be deemed
to have been amended accordingly, by modification of the OtherCLEC Terms
or, as appropriate, the substitution of GTE Terms for all stayed or
enjoined OtherCLEC Terms, and such amendment shall be effective retroactive
to the Effective Date of the OtherCLEC Terms.
GTE and DTI further agree that the terms and conditions of this Agreement
reflect certain requirements of the FCC's First Report and Order in CC
Docket No. 96-98. The terms and conditions of this Agreement shall be
subject to any and all actions by any court or other governmental authority
that invalidate, stay, vacate or otherwise modify the FCC's First Report
and Order, in whole or in part ("subsequent action"). To the extent
warranted by any such subsequent action, the Parties agree that this
Agreement shall be deemed to have been modified accordingly as in the first
paragraph of this Section 46. The Parties agree to immediately apply any
effected terms and conditions, including any in other sections and articles
of this Agreement consistent with such subsequent action, and within a
reasonable time incorporate such modified terms and conditions in writing
into this Agreement. If the OtherCLEC Terms are affected by such
subsequent action and GTE determines they cannot be consistently applied
therewith, the GTE Terms shall apply. DTI acknowledges that GTE may seek
to enforce such subsequent action before a commission or court of competent
jurisdiction. GTE does not waive any position regarding the illegality or
inappropriateness of the FCC's First Report and Order.
The rates, terms and conditions (including rates which may be applicable
under true-up) specified in both the GTE Terms and the OtherCLEC Terms are
further subject to amendment,
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retroactive to the Effective Date of the Agreement, to provide for charges
or rate adjustments resulting from future Commission or other proceedings,
including but not limited to any generic proceeding to determine GTE's
unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's end
user surcharge)), the establishment of a competitively neutral universal
service system, or any appeal or other litigation.
If the Commission (or any other commission or federal or state court) in
reviewing this Agreement pursuant to applicable state or federal laws,
including Section 252(e) of the Telecommunications Act of 1996, deletes or
modifies in any way this Section 46, then the Parties agree that they will
reopen negotiations within ten (10) days after receipt of the final
decision making such deletion or modification in order to attempt to craft
the new provision that will provide substantially the same protections to
GTE and DTI as this Section 46. If the Parties cannot reach agreement on
such a provision within twenty (20) calendar days thereafter, the Parties
agree that this entire Agreement is void and will not become effective, and
DTI agrees to withdraw this Agreement from consideration by the Commission
(or any other commission or federal or state court). In such event, each
Party shall have 25 days following the close of the 20-day negotiation
period within which to file a petition for arbitration before the
Commission under Section 252(e) of the Telecommunications Act of 1996 of
the issues that remain in dispute under this paragraph.
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ARTICLE IV
GENERAL RULES GOVERNING RESOLD SERVICES
AND UNBUNDLED ELEMENTS
1. General. General regulations, terms and conditions governing rate
applications, technical parameters, service availability, definitions and
feature interactions, as described in the appropriate GTE intrastate
local, toll and access tariffs, apply to retail services made available by
GTE to DTI for resale and unbundled network elements provided by GTE to
DTI, when appropriate, unless otherwise specified in this Agreement. As
applied to services or network elements offered under this Agreement, the
term "Customer" contained in the GTE Retail Tariff shall be deemed to mean
"DTI" as defined in this Agreement.
2. Liability of GTE.
2.1 Inapplicability of Tariff Liability. GTE's general liability, as
described in the GTE Retail Tariff, does not extend to DTI's customers
or any other Third Party. Liability of GTE to DTI resulting from any
and all causes arising out of services, facilities, network elements
or any other items relating to this Agreement shall be governed by the
liability provisions contained in this Agreement and no other
liability whatsoever shall attach to GTE. GTE shall be liable for the
individual services, facilities or elements that it separately
provides to DTI and shall not be liable for the integration of
components combined by DTI.
2.2 DTI Tariffs or Contracts. DTI shall, in its tariffs or other
contracts for services provided to its end users using services,
facilities or network elements obtained from GTE, provide that in no
case shall GTE be liable to DTI's end users or any third parties for
any indirect, special or consequential damages, including, but not
limited to, economic loss or lost business or profits, whether
foreseeable or not, and regardless of notification by DTI of the
possibility of such damages and DTI shall indemnify and hold GTE
harmless from any and all claims, demands, causes of action and
liabilities based on any reason whatsoever from its customers as
provided in this Agreement. Nothing in this Agreement shall be deemed
to create a third party beneficiary relationship with DTI's end users.
2.3 No Liability for Errors. GTE is not liable for mistakes that appear
in GTE's listings, 911 and other information databases, or for
incorrect referrals of end users to DTI for any ongoing DTI service,
sales or repair inquiries, and with respect to such mistakes or
incorrect referrals, DTI shall indemnify and hold GTE harmless from
any and all claims, demands, causes of action and liabilities
whatsoever, including costs, expenses and reasonable attorney's fees
incurred on account thereof, by third parties, including DTI's end
users or employees. For purposes of this Section 2.3, mistakes and
incorrect referrals shall not include matters arising out of the
willful misconduct of GTE or its employees or agents.
3. Unauthorized Changes.
3.1 Procedures. If DTI submits an order for resold services or unbundled
elements under this Agreement in order to provide service to an end
user that at the time the order is submitted is obtaining its local
services from GTE or another LEC using GTE resold services or
unbundled elements, and the end user notifies GTE that the end user
did not authorize DTI to provide local exchange services to the end
user, DTI must provide GTE with written documentation of authorization
from that end user within thirty (30) Business Days of notification by
GTE. If DTI cannot provide written documentation of authorization
within such time frame, DTI must within three (3) Business Days
thereafter:
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(a) notify GTE to change the end user back to the LEC providing service to
the end user before the change to DTI was made; and
(b) provide any end user information and billing records DTI has obtained
relating to the end user to the LEC previously serving the end user;
and
(c) notify the end user and GTE that the change back to the previous LEC
has been made.
Furthermore, GTE will xxxx DTI fifty dollars ($50.00) per affected line to
compensate GTE for switching the end user back to the original LEC.
3.2 Option to Restrict Changes Without Evidence of Authorization. DTI's or
GTE's end users may request GTE to permit changes of their provider of
local exchange services only upon end user written notification to GTE
that the end user wishes to change the end user's provider of local
exchange services. In such a situation, GTE will not change an end
user's provider of local exchange services without such written
notification.
4. Impact of Payment of Charges on Service. DTI is solely responsible for
the payment of all charges for all services, facilities and elements
furnished under this Agreement, including, but not limited to, calls
originated or accepted at its or its end users' service locations. If DTI
fails to pay when due any and all charges billed to DTI under this
Agreement, including any late payment charges (collectively, "Unpaid
Charges"), and any or all such charges remain unpaid more than forty-five
(45) Business Days after the due date of such Unpaid Charges excepting
previously disputed charges for which DTI may withhold payment, GTE shall
notify DTI in writing that it must pay all Unpaid Charges to GTE within
seven (7) Business Days. If DTI disputes the billed charges, it shall,
within said seven (7) day period, inform GTE in writing of which portion
of the Unpaid Charges it disputes, including the specific details and
reasons for the dispute, unless such reasons have been previously
provided, and shall immediately pay to GTE all undisputed charges. If DTI
and GTE are unable, within thirty (30) Business Days thereafter, to
resolve issues related to the disputed charges, then either DTI or GTE may
file a request for arbitration under Article III of this Agreement to
resolve those issues. Upon resolution of any dispute hereunder, if DTI
owes payment it shall make such payment to GTE with any late payment
charge under Article III, Section 7.2, from the original payment due date.
If DTI owes no payment, but has previously paid GTE such disputed
payment, then GTE shall credit such payment including any late payment
charges. If DTI fails to pay any undisputed Unpaid Charges, DTI shall, at
its sole expense, within five (5) Business Days notify its end users that
their service may be disconnected for DTI's failure to pay Unpaid Charges,
and that its end users must select a new provider of local exchange
services. If DTI fails to provide such notification or any of DTI's end
users fail to select a new provider of services within the applicable time
period, GTE will provide local exchange services to DTI's end users under
GTE's applicable end user tariff at the then current charges for the
services being provided. In this circumstance, otherwise applicable
service establishment charges will not apply to DTI's end user, but will
be assessed to DTI. GTE may discontinue service to DTI upon failure to
pay undisputed charges as provided in this Section 4, and shall have no
liability to DTI or DTI's end users in the event of such disconnection.
5. Unlawful Use of Service. Services, facilities or unbundled elements
provided by GTE pursuant to this Agreement shall not be used by DTI or its
end users for any purpose in violation of law. DTI, and not GTE, shall be
responsible to ensure that DTI and its end users use of services,
facilities or unbundled elements provided hereunder comply at all times
with all applicable laws. GTE may refuse to furnish service to DTI or
disconnect particular services, facilities or unbundled elements provided
under this Agreement to DTI or, as appropriate, DTI's end user when (i) an
order is issued by a court of competent jurisdiction finding that probable
cause exists to believe that the use made or to be made of the service,
facilities or unbundled elements is prohibited by
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law or (ii) GTE is notified in writing by a law enforcement agency acting
within its jurisdiction that any facility furnished by GTE is being used or
will be used for the purpose of transmitting or receiving gambling
information in interstate or foreign commerce in violation of law.
Termination of service shall take place after reasonable notice is provided
to DTI, or as ordered by the court. If facilities have been physically
disconnected by law enforcement officials at the premises where located,
and if there is not presented to GTE the written finding of a court, then
upon request of DTI and agreement to pay restoral of service charges and
other applicable service charges, GTE shall promptly restore such service.
6. Timing of Messages. With respect to GTE resold measured rate local
service(s), chargeable time begins when a connection is established
between the calling station and the called station. Chargeable time ends
when the calling station "hangs up," thereby releasing the network
connection. If the called station "hangs up" but the calling station does
not, chargeable time ends when the network connection is released by
automatic timing equipment in the network. Timing of messages applicable
to GTE's Port and Local Switching element (usage sensitive services) will
be recorded based on originating and terminating access.
7. Procedures For Preordering, Ordering, Provisioning, Etc. Certain
procedures for preordering, ordering, provisioning, maintenance and
billing and electronic interfaces for many of these functions are
described in Appendix I. All costs and expenses for any new or modified
electronic interfaces DTI requires that GTE determines are technically
feasible and GTE agrees to develop will be paid by DTI pursuant to
Appendix I. The schedule for implementation of any new or modified
electronic interfaces will be developed by GTE according to industry
standards and will be based upon the amount of work needed to design, test
and implement the new or modified interface.
8. Customer Contacts. Except as otherwise provided in this Agreement or as
agreed to in a separate writing by DTI, DTI shall provide the exclusive
interface with DTI's end user customers in connection with the marketing
or offering of DTI services. Except as otherwise provided in this
Agreement, in those instances in which GTE personnel are required pursuant
to this Agreement to interface directly with DTI's end users, such
personnel shall not identify themselves as representing GTE. All forms,
business cards or other business materials furnished by GTE to DTI end
users shall bear no corporate name, logo, trademark or trade name other
than DTI's. In no event shall GTE personnel acting on behalf of DTI
pursuant to this Agreement provide information to DTI end users about GTE
products or services.
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ARTICLE V
INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC
1. Services Covered by This Article.
1.1 Types of Services. This Article governs the provision of internetwork
facilities (i.e., physical interconnection services and facilities),
meet point billing by GTE to DTI or by DTI to GTE and the transport
and termination and billing of Local, IntraLATA Toll, optional EAS
traffic and jointly provided Interexchange Carrier Access between GTE
and DTI. The services and facilities described in this Article shall
be referred to in this Article V as the "Services."
1.2 Service Locations for Interconnection Services and Facilities.
Appendix B, Service Matrix, attached to this Agreement and made a part
hereof, sets forth the Services and each location in the State where a
Service shall be provided (the "Service Locations") and the
Interconnection Point ("IP") for such Services.
1.3 Additional Services or Service Locations. If, during the term of this
Agreement, the parties determine that additional services are needed
in the State, or existing Services will be offered in new locations in
the State, the Parties shall execute an amendment to this Agreement
substantially in the form of Appendix C attached to this Agreement and
made a part hereof, incorporating the additional locations and/or any
additional terms necessary for the additional services. Upon the
effective date of the amendment, and continuing through the remaining
term of this Agreement, the new services shall be deemed part of the
Services provided pursuant to this Article and/or the new locations
shall be deemed part of the Service Locations.
2. Billing and Rates.
2.1 Rates and Charges. Customer agrees to pay to Provider the rates and
charges for the Services set forth in the applicable appendices to
this Agreement. GTE's rates and charges are set forth in Appendix D
attached to this Agreement and made a part hereof. DTI's separate
rates and charges are also set forth in Appendix D attached hereto and
made a part hereof.
2.2 Billing. Provider shall render to Customer a xxxx for interconnection
services on a current basis. Charges for physical facilities and
other nonusage sensitive charges shall be billed in advance, except
for charges and credits associated with the initial or final bills.
Usage sensitive charges, such as charges for termination of Local
Traffic, shall be billed in arrears. DTI is required to order trunks
pursuant to Section 4.3.3 of this Article. Charges for traffic that
has been routed over a jurisdictionally inappropriate trunk group
(e.g., local traffic carried over trunks used for Switched Access
Traffic) may be adjusted to reflect the appropriate compensation
arrangement and may be handled as a post-billing adjustment to bills
rendered. Additional matters relating to billing are included in
Appendix I attached to this Agreement and made a part hereof.
3. Transport and Termination of Traffic.
3.1 Traffic to be Exchanged. The Parties shall reciprocally terminate
Local, IntraLATA Toll, optional EAS and jointly provided Interexchange
Carrier Traffic originating on each other's networks utilizing either
Direct or Indirect Network Interconnections as provided in Section 4
or Section 5 herein. To this end, the Parties agree that there will
be interoperability between their networks. The Parties agree to
exchange traffic associated with Third-Party
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LECs, CLECs and Wireless Service Providers pursuant to the
compensation arrangement specified in Section 3.3 herein. Only
traffic originated by or terminating to the Parties' end user
customers is to be exchanged. In addition, the Parties will notify
each other of any anticipated change in traffic to be exchanged (e.g.,
traffic type, volume).
3.2 Compensation For Exchange Of Traffic.
3.2.1 Mutual Compensation. The Parties shall compensate each other
for the exchange of Local Traffic in accordance with Section
3.2.2 of this Article. The Parties will develop an initial
factor representative of the share of traffic exempt from local
compensation. This factor will be updated quarterly in like
manner or as the Parties otherwise agree. Once the traffic that
is exempt from local compensation can be measured, the actual
exempt traffic will be used rather than the above factor.
Charges for the transport and termination of intraLATA toll and
interexchange traffic shall be in accordance with the Parties'
respective intrastate or interstate access tariffs, as
appropriate
3.2.2 Xxxx-and-Keep. The Parties shall assume that Local Traffic is
roughly balanced between the parties unless traffic studies
indicate otherwise. Accordingly, the Parties agree to use a
Xxxx-and-Keep Arrangement with respect to termination of Local
Traffic only. Either Party may request that a traffic study be
performed no more frequently than once a quarter. Should such
traffic study indicate, in the aggregate, that either Party is
terminating more than 60 percent of the Parties' total
terminated minutes for Local Traffic, either Party may notify
the other that mutual compensation will commence pursuant to the
rates set forth in Appendix D of this Agreement and following
such notice it shall begin and continue for the duration of the
Term of this Agreement unless otherwise agreed. To account for
ISP traffic, the Parties will negotiate an initial factor(s)
representative of the proportionate share of traffic exempt from
local compensation. This factor will be updated quarterly in a
like manner or as the Parties otherwise agree. Once the traffic
that is exempt from local compensation can be measured, the
actual exempt traffic will be used rather than the above factor.
Nothing in this Section 3.2.2 shall be interpreted to (i) change
compensation set forth in this Agreement for traffic or services
other than Local Traffic, including but not limited to
internetwork facilities, access traffic or wireless traffic, or
(ii) allow either Party to aggregate traffic other than Local
Traffic for the purpose of compensation under the Xxxx-and-Keep
Arrangement described in this Section 3.2.2, except as set forth
in Section 3.1 above.
3.2.3 Sharing of Access Charges on Calls to Ported Numbers. Until
permanent number portability is implemented, the Parties agree
that switched access termination to a ported number will be
billed by the party providing interim number portability and
that the party billing the switched access will share the
switched access revenue with the other party. After permanent
number portability is implemented, the Parties agree to
renegotiate sharing of access charges to ported numbers in
accordance with permanent number portability requirements. In
lieu of actual measurements of minutes and/exchange of billing
records for this traffic the Parties agree that the Party
providing the ported number will pay the other Party the rate
per line/per month as specified in Appendix E.
(a) The number of lines/talk paths per ported number that are
subject to compensation will be determined at the time the
end user customer's local service is changed from one party
to the other. The number of lines per number eligible for
the shared revenue arrangement described
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in this section will be limited to the number of lines in
service on the date of conversion plus a 10% growth margin.
After conversion the number of lines per number available
for compensation can only be increased by mutual consent of
the parties.
(b) The Parties agree that the compensation rate in paragraph
3.3.3 may change as a result of changes in access rates,
traffic volume or for other reasons and agree to
renegotiate the rate if a significant event occurs. At a
minimum, the parties agree to reevaluate the rate on an
annual basis.
(c) The Parties agree that terminating switched access calls
ported via interim number portability may appear to the
receiving party to be a local call and that the
implementation of reciprocal compensation for terminating
local calls may result in overcompensation for ported
switched access calls. Therefore, the Parties agree to
renegotiate the terminating shared access compensation rate
if reciprocal compensation for local calls is implemented.
3.3 Tandem Switching Traffic. The Parties will provide tandem switching
for traffic between the Parties' end offices subtending each other's
access tandem, as well as for traffic between either Party's end users
and any Third Party which is interconnected to the other Party's
access tandems as follows:
3.3.1 The originating Party will compensate the tandem Party for each
minute of originated tandem switched traffic which terminates to
Third Party (e.g., other CLEC, ILEC, or wireless service
provider). The applicable rate for this charge is identified in
Appendix D.
3.3.2 The originating Party also assumes responsibility for
compensation to the company which terminates the call.
3.4 Inter-Tandem Switching. The Parties will only use inter-tandem
switching for the transport and termination of local/EAS or intraLATA
toll traffic originating on each other's network at and after such
time as either (I) DTI has agreed to and fully implemented an existing
intraLATA toll compensation mechanism such as IntraLATA Terminating
Access Compensation (ITAC) or a functional equivalent thereof or (ii)
generally accepted industry signaling standards and AMA record
standards support the recognition of multiple tandem switching events.
4. Direct Network Interconnection.
4.1 Network Interconnection Architecture. DTI may interconnect with GTE
at any of the minimum technically feasible points required by the FCC.
Interconnection at additional points will be reviewed on an individual
case basis. Where the Parties mutually agree following a Bona Fide
Request to directly interconnect their respective networks,
interconnection will be as specified in the following subsections.
The "IPs" shall be set forth in Appendix B attached to this Agreement
and made a part hereof. Based on the configuration, the installation
timeline will vary considerably, however, GTE will work with DTI in
all circumstances to install "IPs" within 120 calendar days absent
extenuating circumstances. Internetwork connection and protocol must
be based on industry standards developed consistent with Section 256
of the Telecommunications Act of 1996.
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4.1.1 Subject to mutual agreement, the Parties may use the following
types of network facility interconnection, using such interface
media as are (I) appropriate to support the type of
interconnection requested and (ii) available at the facility at
which interconnection is requested. For each "IP" set forth in
Appendix B, the Parties shall specify the type of
interconnection used at that "IP."
(a) A Mid-Span Fiber Meet within an existing GTE exchange area
whereby the Parties mutually agree to jointly plan and
engineer their facility "IP" at a designated manhole or
junction location. The "IP" is the demarcation between
ownership of the fiber transmission facility. Each party
is individually responsible for its incurred costs in
establishing this arrangement.
(b) A Virtual or Physical EIS arrangement at a GTE wire center
subject to the rates, terms, and conditions contained in
GTE's applicable tariffs.
(c) A Special Access arrangement and/or Switched Transport
terminating at a GTE wire center subject to the rates,
terms, and conditions contained in GTE's applicable
tariffs. These facilities will meet the standards set
forth in such tariffs.
4.1.2 Virtual and Physical EIS arrangements are governed by
appropriate GTE tariffs, except as provided in Article IX,
Section 1.3.
4.1.3 The Parties will mutually designate at least one POI on GTE's
network within each GTE local calling area for the routing of
Local Traffic. Recording and billing of traffic routed over
these facilities shall be as provided in Section 3.4 of this
Article.
4.2 Compensation. The Parties agree to the following compensation for
internetwork facilities, depending on facility type.
4.2.1 Mid-Span Fiber Meet: GTE will charge special access (flat
rated) transport from the applicable intrastate access tariff
and will rate charges between the "IP" and GTE's interconnection
switch. Charges will be reduced to reflect the proportionate
share of the facility that is used for transport of traffic
originated by GTE. DTI will charge flat rated transport to GTE
for DTI facilities used by GTE at their tariffed rates or as
mutually agreed, not to exceed GTE rates. DTI will apply charges
based on the lesser of; (i) the airline mileage from the "IP" to
the DTI switch; or (ii) the airline mileage from the GTE switch
to the serving area boundary.
4.2.2 Collocation: GTE will charge Virtual or Physical EIS rates from
the applicable GTE tariff. DTI will charge GTE flat rated
transport at their tariffed rates or as mutually agreed, not to
exceed GTE rates, to reflect the proportionate share of the
facility that is used for transport of traffic originated by
GTE. DTI will apply charges based on the lesser of; (l) the
airline mileage from the "IP" to the DTI switch; or (ii) two (2)
times the airline mileage from the GTE switch to the serving
area boundary.
4.2.3 Special Access and/or Switched Access: GTE will charge special
access and/or switched access rates from the applicable GTE
intrastate access tariff. Charges will be reduced to reflect
the proportionate share of the facility that is used for
transport of traffic originated by GTE. The Parties will
negotiate an initial factor representative of the proportionate
share of the facilities. This factor will be updated quarterly
in like manner or as the Parties otherwise agree.
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4.3 Trunking Requirements.
4.3.1 The Parties agree to establish trunk groups of sufficient
capacity from the interconnecting facilities such that trunking
is available to any switching center designated by either Party,
including end offices, tandems, 911 routing switches, and
directory assistance/operator service switches. The Parties will
mutually agree where one-way or two-way trunking will be
available. The Parties may use two-way trunks for delivery of
local traffic or either Party may elect to provision its own
one-way trunks for delivery of local traffic to the other Party.
If a Party elects to provision its own one-way trunks, that
Party will be responsible for its own expenses associated with
the trunks.
4.3.2 DTI shall make available to GTE trunks over which GTE shall
terminate to end users of DTI-provided Exchange Services, Local
Traffic and intraLATA toll or optional EAS traffic originated
from end users of GTE-provided Exchange Service.
4.3.3 DTI and GTE shall, where applicable, make reciprocally
available, by mutual agreement, the required trunk groups to
handle different traffic types. DTI and GTE will support the
provisioning of trunk groups that carry combined or separate
Local Traffic and intraLATA toll and optional EAS traffic. GTE
requires separate trunk groups from DTI to originate and
terminate interLATA calls and to provide Switched Access Service
to IXCs. To the extent DTI desires to have any Interexchange
Carriers (IC) originate or terminate traffic to DTI, DTI will
arrange for such IC to issue an ASR to GTE instructing GTE to
route such traffic over the appropriate IC trunk group. Until
GTE receives and processes such ASR, the traffic will not be
routed.
4.3.3.1 Each Party agrees to route traffic only over the proper
jurisdictional trunk group.
4.3.3.2 Each Party shall only deliver traffic over the local
interconnection trunk groups to the other Party's access
tandem for those publicly-dialable NXX Codes served by
end offices that directly subtend the access tandem or
to those wireless service providers that directly
subtend the access tandem.
4.3.3.3 Neither party shall route Switched Access Service
traffic over local interconnection trunks, or local
traffic over Switched Access Service trunks.
4.3.4 DTI and GTE will reciprocally provide Percent Local Usage (PLU)
factors to each other on a quarterly basis to identify the
proper jurisdiction of each call type that is carried over the
required trunks.
4.3.5 Reciprocal traffic exchange arrangement trunk connections shall
be made at a DS-1 or multiple XX-0 xxxxx, XX-0, (SONET where
technically available) and shall be jointly-engineered to an
objective P.01 grade of service.
4.3.6 DTI and GTE agree to use diligent efforts to develop and agree
on a Joint Interconnection Grooming Plan prescribing standards
to ensure that the reciprocal traffic exchange arrangement trunk
groups are maintained at consistent P.01 or better grades of
service. Such plan shall also include mutually-agreed upon
default standards for the configuration of all segregated trunk
groups.
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4.3.7 Signaling System 7 (SS7) Common Channel Signaling will be used
to the extent that such technology is available.
4.3.8 The Parties agree to offer and provide to each other B8ZS
Extended Superframe Format ("ESF") facilities, where available,
capable of voice and data traffic transmission.
4.3.9 The Parties will support intercompany 64kbps clear channel where
available.
4.4 Network Redesigns Initiated by GTE. GTE will not charge DTI when GTE
initiates its own network redesigns/reconfigurations.
4.5 Interconnection Calling and Called Scopes for the Access Tandem
Interconnection and the End Office Interconnection.
4.5.1 GTE Access Tandem Interconnection calling scope (originating and
terminating) is to those GTE end offices which subtend the GTE
access tandem to which the connection is made except as provided
for in Section 3.3 of this Article V.
4.5.2 GTE End Office Interconnection calling scope (originating and
terminating) is only to the end office to which the connection
is made.
5. Indirect Network Interconnection. Neither Party shall deliver traffic
destined to terminate at the other Party's end office via another LEC's end
office. In addition, neither Party shall deliver traffic destined to
terminate at an end office subtending the other Party's access tandem via
another LEC's access tandem until such time as compensation arrangements
have been established in accordance with this Article V, Sections 3.1 and
3.4.
6. Number Resources.
6.1 Number Assignment. Nothing in this Agreement shall be construed to,
in any manner, limit or otherwise adversely impact DTI's right to
employ or to request and be assigned any NANP number resources
including, but not limited to, Central Office (NXX) Codes pursuant to
the Central Office Code Assignment Guidelines. Any request for
numbering resources by DTI shall be made directly to the NANP Number
Plan Administrator. Except with respect to those areas in which GTE
is the NANP Number Plan Administrator, GTE shall not be responsible
for the requesting or assignment of number resources to DTI. The
Parties agree that disputes arising from numbering assignment shall be
arbitrated by the NANP Number Plan Administrator. DTI shall not
request number resources to be assigned to any GTE switching entity.
6.1.1 Each Party shall be responsible for notifying its customers of
any changes in numbering or dialing arrangements to include
changes such as the introduction of new NPAs or new NXX codes.
Each Party is responsible for administering NXX codes assigned
to it.
6.2 Rate Centers. For purposes of compensation between the Parties and
the ability of GTE to appropriately apply its toll tariff to its end
user customers, DTI shall adopt the Rate Center areas and Rate Center
points that the Commission has approved for the incumbent LEC and
shall assign whole NPA-NXX codes to each Rate Center.
6.3 Routing Points. DTI will also designate a Routing Point for each
assigned NXX code. DTI may designate one location within each Rate
Center as a Routing Point for the NPA-NXX associated with that Rate
Center; alternatively DTI may designate a single location within
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one Rate Center to serve as the Routing Point for all the NPA-NXXs
associated with that Rate Center and with one or more other Rate
Centers served by DTI within an existing GTE exchange area and LATA.
6.4 Code and Numbers Administration. The Parties will comply with code
administration requirements as prescribed by the FCC, the Commission,
and accepted industry guidelines. Where GTE is the NANP Number Plan
Administrator, GTE will administer number resources, and charge for
such administration in accord with applicable rules and regulations.
GTE will administer numbering resources in a competitively neutral
manner, and process requests for NXX codes in a timely manner and in
accord with industry standards. The Parties shall protect DTI
proprietary information that may be submitted to GTE in connection
with GTE's responsibilities as NANP Number Plan Administrator in
accordance with Article III, Section 11 of this Agreement.
6.5 Programming Switches. It shall be the responsibility of each Party to
program and update its own switches and network systems pursuant to
the Local Exchange Routing Guide ("LERG") 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.
7. Interim Number Portability (INP). Each Party shall provide the other Party
with INP for the purpose of allowing end user customers to change
service-providing Parties without changing their telephone number. GTE
shall provide its INP to DTI using remote call forwarding ("RCF"). The GTE
rates for INP service using RCF are set out in Appendix E attached to this
Agreement and made a part hereof. If DTI wishes to use Direct Inward
Dialing ("DID") to provide INP to its end users, DTI may purchase DID
service from GTE at the rate specified in the appropriate GTE tariff. DTI
shall provide INP to GTE at the rates specified for DTI in Appendix E.
8. Meet-Point Billing.
8.1 Meet-Point Arrangements.
8.1.1 The Parties may mutually establish Meet-Point Billing ("MPB")
arrangements in order to provide Switched Access Services to
Access Service customers via a GTE access tandem in accordance
with the MPB guidelines adopted by and contained in the Ordering
and Billing Forum's MECAB and MECOD documents, except as
modified herein and as described in Section 3.2.3 for Interim
Portability.
8.1.2 Except in instances of capacity limitations, GTE shall permit
and enable DTI to sub-tend the GTE access tandem(s) nearest to
the DTI Rating Point(s) associated with the NPA-NXX(s) to/from
which the Switched Access Services are homed. In instances of
capacity limitation at a given access tandem, DTI shall be
allowed to subtend the next-nearest GTE access tandem in which
sufficient capacity is available.
8.1.3 Interconnection for the MPB arrangement shall occur at the "IP".
8.1.4 Common Channel Signaling shall be utilized in conjunction with
MPB arrangements to the extent such signaling is resident in the
GTE access tandem switch.
8.1.5 DTI and GTE will use diligent efforts, individually and
collectively, to maintain provisions in their respective federal
and state access tariffs, and/or provisions within the National
Exchange Carrier Association ("NECA") Tariff No. 4, or any
successor tariff, sufficient to reflect this MPB arrangement,
including MPB percentages.
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8.1.6 As detailed in the MECAB document, DTI and GTE will, in a timely
fashion, exchange all information necessary to accurately,
reliably and promptly xxxx Access Service customers for Switched
Access Services traffic jointly handled by DTI 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.
8.1.7 DTI and GTE shall work cooperatively to coordinate rendering of
Meet-Point bills to customers, and shall reciprocally provide
each other usage data and related information at the appropriate
charge.
8.2 Compensation.
8.2.1 Initially, billing to Access Service customers for the Switched
Access Services jointly provided by DTI and GTE via the MPB
arrangement shall be according to the multiple-xxxx method as
described in the MECAB guidelines. This means each Party will
xxxx the portion of service they provided at their appropriate
tariff, or price list.
8.2.2 Subsequently, DTI and GTE may mutually agree to implement one of
the following options for billing to third parties for the
Switched Access Services jointly provided by DTI and GTE via the
MPB arrangement: single-xxxx/single tariff method,
single-xxxx/multiple tariff method, or to continue the
multiple-xxxx method. Should either Party prefer to change
among these billing methods, that Party shall notify the other
Party of such a request in writing, ninety (90) Business Days in
advance of the date on which such change is desired to be
implemented, such changes then may be made in accordance with
MECAB guidelines and if the Parties mutually agree, the change
will be made.
9. Common Channel Signaling.
9.1 Service Description. The Parties will provide Common Channel
Signaling ("CCS") to one another via Signaling System 7 ("SS7")
network interconnection, where and as available, in the manner
specified in FCC Order 95-187, in conjunction with all traffic
exchange trunk groups. SS7 signaling and transport services shall be
provided by GTE in accordance with the terms and conditions of this
Section 9 of this Article and Appendix J attached to this Agreement
and made a part hereof. The Parties will cooperate on the exchange of
all appropriate SS7 messages for local and intraLATA call set-up
signaling, including ISUP and Transaction Capabilities Application
Part ("TCAP") messages to facilitate full interoperability of all
CLASS Features and functions between their respective networks. Any
other SS7 message services to be provided using TCAP messages (such as
data base queries) will be jointly negotiated and agreed upon.
9.2 Signaling Parameters. All SS7 signaling parameters will be provided
in conjunction with traffic exchange trunk groups, where and as
available. These parameters include Automatic Number Identification
("ANI"), Calling Party Number ("CPN"), Privacy Indicator, calling
party category information, originating line information, charge
number, etc. Also included are all parameters relating to network
signaling information, such as Carrier Information Parameter ("CIP"),
wherever such information is needed for call routing or billing. GTE
will provide SS7 xxx XX-000 XX0 xxx/xx GR-317-SS7 format(s).
9.3 Privacy Indicators. Each Party will honor all privacy indicators as
required under applicable law.
9.4 Connection Through STP. DTI must interconnect with the GTE STP(s)
serving the LATA in which the traffic exchange trunk groups are
interconnected. Additionally, all interconnection to GTE's 800/888
database and GTE's LIDB shall, consistent with this section and
Appendix J attached hereto, take place only through appropriate STP
pairs.
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9.5 Third Party Signaling Providers. DTI may choose a third-party SS7
signaling provider to transport messages to and from the GTE SS7
network. In that event, that third-party provider must present a
letter of agency to GTE, prior to the testing of the interconnection,
authorizing the Third Party to act on behalf of DTI in transporting
SS7 messages to and from GTE. The third-party provider must
interconnect with the GTE STP(s) serving the LATA in which the traffic
exchange trunk groups are interconnected.
9.6 Multi-Frequency Signaling. In the case where CCS is not available, in
band Multi-Frequency ("MF"), wink start, E & M channel associated
signaling with ANI will be provided by the Parties. Network signaling
information, such as CIC/OZZ, will be provided wherever such
information is needed for call routing or billing.
10. Service Quality and Performance. Each Party shall provide Services
under this Article to the other Party that are equal in quality to
that the Party provides to itself, its Affiliates or any other entity.
"Equal in quality" shall mean that the Service will meet the same
technical criteria and performance standards that the providing Party
uses within its own network for the same Service at the same location
under the same terms and conditions.
11. Network Outages. GTE shall work with DTI to establish reciprocal
responsibilities for managing network outages and reporting. Each
party shall be responsible for network outage as a result of
termination of its equipment in GTE wire center or access tandem. DTI
shall be responsible for notifying GTE of significant outages which
could impact or degrade GTE switches and services.
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ARTICLE VI
RESALE OF SERVICES
1. General. The purpose of this Article VI is to define the Exchange
Services and related Vertical Features and other Services (collectively
referred to for purposes of this Article VI as the "Services") that may be
purchased from GTE and resold by DTI and the terms and conditions
applicable to such resold Services. Except as specifically provided
otherwise in this Agreement, provisioning of Exchange Services for resale
will be governed by the GTE Guide. GTE will make available to DTI for
resale any Telecommunications Service that GTE currently offers, or may
offer hereafter, on a retail basis to subscribers that are not
telecommunications carriers, except as qualified by Section 2.2 below.
2. Terms and Conditions.
2.1 Quality and Performance. GTE shall provide Services to DTI that are
equal in quality and performance standards to the same Services
provided by GTE to its own end user customers.
2.2 Restrictions on Resale. The following restrictions shall apply to the
resale of retail services by DTI.
2.2.1 DTI shall not resell Basic Exchange Residential Service.
2.2.2 DTI shall not resell to one class of customers a service that is
offered by GTE only to another class of customers in accordance
with State requirements (e.g., R-1 to B-1, disabled services or
Lifeline services to non-qualifying customers).
2.2.3 DTI shall not resell public pay telephone lines.
2.2.4 DTI shall not resell semi-public pay telephone lines.
2.3 Restrictions on Discount of Retail Services. The discount specified
in Section 5.3 herein shall apply to all retail services except for
the following:
2.3.1 DTI shall resell services that are provided at a volume discount
in accordance with terms and conditions of applicable tariff.
DTI shall not aggregate end user traffic in order to qualify for
volume discount.
2.3.2 DTI shall resell ICB/Contract services without a discount and
only to end user customers that already have such services.
2.3.3 DTI shall resell COCOT coin or coinless line but no discount
applies.
2.3.4 DTI shall resell Lifeline services and services for the disabled
but no discount shall apply and they shall only be resold to end
user customers who qualify under GTE's tariffs and
state/Commission rules, orders and regulations.
2.3.5 DTI shall resell special access but no discount applies.
2.3.6 DTI shall resell Operator Services and Directory Assistance as
specified in Section 5.6 herein however no discount applies.
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2.3.7 DTI shall resell promotional offerings that are ninety (90) days
or less in duration without a discount.
2.4 Resale to Other Carriers. Services available for resale may not be
used by DTI to provide access to the local network as an alternative
to tariffed switched and special access by other carriers, including,
but not limited to; interexchange carriers, wireless carriers,
competitive access providers, or other retail telecommunications
providers.
3. Ordering and Billing.
3.1 Local Service Request. Orders for resale of Services will be placed
utilizing a standard Local Service Request ("LSR") form. GTE will
continue to participate in industry forums for developing service
order/disconnect order formats and will incorporate appropriate
industry standards. A complete and accurate LSR (containing the
requisite end user information as described in the Guide) must be
provided by DTI before a request can be processed.
3.2 Certificate of Operating Authority. When ordering, DTI must represent
and warrant to GTE that it is a certified provider of local dial-tone
service. DTI will provide a copy of its Certificate of Operating
Authority or other evidence of its status to GTE upon request.
3.3 Letter of Authorization. A Letter of Authorization ("LOA") will be
required before resold Services will be provided in cases in which the
subscriber currently receives Exchange Service from GTE or from a
local service provider other than DTI. Such LOA may be a blanket LOA
or such other form as agreed upon between GTE and DTI. GTE will not
release information to DTI on GTE end user customer accounts unless
DTI first provides to GTE a written LOA, signed by the end user
customer, authorizing the release of such information to DTI or if
state or federal law provides otherwise, in accordance with such law.
3.4 Directory Assistance Listings. GTE shall include a DTI customer
listing in its Directory Assistance database as part of the Local
Service Request ("LSR") process. GTE will honor DTI Customer's
preferences for listing status, including non-published and unlisted,
as noted on the LSR and will enter the listing in the GTE database
which is used to perform Directory Assistance functions as it appears
on the LSR.
3.5 Nonrecurring Charges. DTI shall be responsible for the payment of all
nonrecurring charges ("NRCs") applicable to resold Services (e.g.,
installation, changes, ordering charges) in accordance with the
appropriate tariff. No discount applies to nonrecurring charges.
3.6 Transfers Between DTI and Another Reseller of GTE Services. When DTI
has obtained an end user customer from another reseller of GTE
services, DTI will inform GTE of the transfer by submitting a standard
LSR to GTE.
3.7 Local Calling Detail. Except for those Services and in those areas
where measured rate local service is available to end users, monthly
billing to DTI does not include local calling detail. However, DTI
may request and GTE shall consider developing the capabilities to
provide local calling detail in those areas where measured local
service is not available for a mutually agreeable charge.
3.8 Procedures. An overview of the procedures for preordering, ordering,
provisioning and billing for resold services are outlined in Appendix
I, attached hereto and made a part hereof.
3.9 LIDB. For resale services, GTE's service order will generate updates
to the LIDB for validation of calling card, collect, and third number
billed calls.
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3.10 "OLN". Upon request, GTE will update the database to provide Originating
Line Number ("OLN") Screening which indicates to an operator the
acceptable billing methods for calls originating from the calling number
(e.g., penal institutions, COCOTS).
4. Maintenance.
4.1 Maintenance, Testing and Repair. GTE will provide repair and maintenance
services to DTI and its end user customers for resold Services in
accordance with the same standards and charges used for such services
provided to GTE end user customers. GTE will not initiate a maintenance
call or take action in response to a trouble report from a DTI end user
until such time as trouble is reported to GTE by DTI. DTI must provide to
GTE all end user information necessary for the installation, repair and
servicing of any facilities used for resold Services according to the
procedures described in the Guide.
4.2 Specifics and Procedures for Maintenance. An overview of the procedures
for maintenance of resold services and additional matters agreed to by the
Parties concerning maintenance are set forth in Appendix I.
5. Services Available for Resale.
5.1 Description of Local Exchange Services Available for Resale. Resold
basic Exchange Service includes, but is not limited to, the following
elements:
(a) Voice Grade Local Exchange Access Line - includes a telephone
number and dial tone.
(b) Local Calling - at local usage measured rates if applicable
to the end user customer.
(c) Access to long distance carriers
(d) E-911 Emergency Dialing
(e) Access to Service Access Codes - e.g., 800, 888, 900
(f) Use of AIN Services (those currently available to end users)
(g) End User Private Line Services
(h) Listing of telephone number in appropriate "white pages"
directory; and
(i) Copy of "White Pages" and "Yellow Pages" directories for the
appropriate GTE service area
5.2 List of Services Available for Resale. The type of Services listed on
Appendix F, attached hereto and made a part of this Agreement, are
available for resale by DTI. Subject to the limitations on resale
enumerated in this Article, any new services that GTE offers in the future
at retail to customers who are not telecommunications carriers shall also
be available to DTI for resale under the same terms and conditions
contained in this Agreement. Additional regulations, terms and conditions
relating to the type of Services listed on Appendix F can be found in the
appropriate intrastate local, toll and access tariffs. Terms, conditions
and other matters concerning rate applications, technical parameters,
provisioning capability, definitions and feature interactions contained in
such tariffs are applicable to the type of Services offered under this
Agreement and are incorporated herein by reference. Modifications to
Services listed on Appendix F shall be provided to DTI in accordance with
GTE's practices and procedures.
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5.3 Rates. The prices charged to DTI for Local Services shall be calculated
as follows:
(1) Avoided Cost Discount of 15.33% shall apply to all retail
services except those services listed in Section 2.2 and Section 2.3
herein.
(2) The discount dollar amount calculated under Step 1 above will
be deducted from the retail rate.
(3) The resulting rate is the Wholesale Rate.
(4) This discount dollar amount in Step 2 above shall not change
during the Term of this Agreement, even though GTE may change its
retail rates.
5.4 Grandfathered Services. Services identified in GTE Tariffs as
grandfathered in any manner are available for resale only to end user
customers that already have such grandfathered service. An existing end
user customer may not move a grandfathered service to a new service
location.
5.5 Access. GTE retains all revenue due from other carriers for access to
GTE facilities, including both switched and special access charges.
5.6 Operator Services (OS) and Directory Assistance (DA). Where GTE provides
access to GTE Operator Services for local and toll assistance (for
example, call completion, busy line verification and emergency
interruption) and Directory Assistance (e.g., 411 calls routed to GTE's DA
operator centers) as an element of Exchange Services offered for resale,
DTI will be billed in accordance with Appendix F. GTE will provide its
existing OS and DA to a DTI at the same quality and in a nondiscriminatory
manner as the service GTE's end users receive.
5.6.1 Where Customized Routing is available (pursuant to Article
VII, Section 12.1), GTE will offer unbranded OS and DA or rebranded
OS and DA with the DTI brand. GTE will provide such unbranding or
rebranding on a switch-by-switch basis, subject to capability and
capacity limitations. Upon receipt of an order for unbranding or
rebranding, GTE will implement within 90 Business Days when
technically capable.
5.6.2 DTI will be billed for unbranding or rebranding and
Customized Routing. Upon written request from DTI, GTE will provide
DTI with terms and conditions for providing Customized Routing and
branding, plus the applicable charges. In addition, a port and
dedicated trunk facilities are required as specified in Article VII,
Section 12.1.4.
5.6.3 For those offices that DTI has requested GTE to rebrand
and/or unbrand OS and DA, GTE will provide it using live operators
where GTE performs its own OS and DA service and where handled by
automated systems. If GTE uses a Third Party contractor to provide
OS or DA, GTE will not provide branding nor will GTE negotiate it
with a Third Party on behalf of DTI. DTI must negotiate with the
Third Party. In these instances, DTI will need to purchase
customized routing to differentiate OS/DA traffic between GTE's and
a Third Party.
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ARTICLE VII
UNBUNDLED NETWORK ELEMENTS
1. General. The purpose of this Article VII is to define the unbundled
network elements that may be leased by DTI from GTE. Unless otherwise
specified in this Agreement, provisioning of unbundled network
arrangements will be governed with the GTE Customer Guide for DTI
Establishment of Services - Resale and Unbundling (the "Guide").
Additional procedures for preordering, ordering, provisioning and billing
of unbundled network elements are outlined in Appendix I.
2. Unbundled Network Elements.
2.1 Categories. There are several separate categories of Network Components
that shall be provided as unbundled network elements by GTE:
(a) Network Interface Device or NID
(b) Loop Elements
(c) Port and Local Switching Elements
(d) Transport Elements
(e) Signaling Elements
(f) Data Switching
(g) Digital Cross Connect System (DCS)
2.2 Prices. Individual unbundled network elements and prices are identified
on Appendix G attached to this Agreement and made a part hereof, or under
the appropriate GTE tariff as referenced in this Article. Nonrecurring
charges relating to unbundled elements are also listed on Appendix G.
2.2.1 Reciprocal Compensation Arrangements for Call Termination.
Reciprocal compensation arrangements for call termination shall be
as provided in Appendix M attached hereto.
2.3 Interconnection to Unbundled Elements. DTI may lease and interconnect to
whichever of these unbundled network elements DTI chooses, and subject to
technical feasibility, may combine these unbundled elements with any
facilities or services that DTI may itself provide subject to the
following:
2.3.1 Interconnection shall be achieved via expanded interconnection/
collocation arrangements DTI shall maintain at the wire center at
which the unbundled services are resident.
2.3.2 DTI may order transport pursuant to Section 6 below as follows:
(a) From the wire center at which the unbundled elements (e.g.,
loop, port) are located to the GTE wire center where DTI has
established an interconnection/collocation arrangement.
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(b) Directly from the DTI switch to a GTE wire center and connect
to unbundled loops. Applicable charges would be transport,
transport termination, multiplexing, loop/port connector and
loop.
2.3.3 Each loop or port element shall be delivered to DTI collocation
arrangement over a loop/port connector applicable to the unbundled
services as listed on Appendix G.
2.3.4 DTI shall combine unbundled network elements with its own
facilities. GTE has no obligation to combine any network elements
for DTI. DTI may not combine such network elements to provide
solely interexchange service or solely access service to an
interexchange carrier.
2.4 Service Quality. To the degree reasonably possible, all service
attributes, grades-of-service and installation, maintenance and repair
intervals which apply to the bundled service will apply to unbundled
network elements. Notwithstanding the foregoing, GTE shall not be
responsible for impacts on service attributes, grades of service, etc.,
resulting from DTI's specific use of or modification to any unbundled
network element.
3. Network Interface Device.
3.1 Direct Connection. DTI shall be permitted to connect its own Loop
directly to GTE's Network Interface Device or NID in cases in which DTI
uses its own facilities to provide local service to an end user formerly
served by GTE, as long as such direct connection does not adversely affect
GTE's network. In order to minimize any such adverse effects, DTI shall
follow the procedures in Sections 3.1.1 and 3.1.2 below.
3.1.1 When connecting its own loop facility directly to GTE's NID
for a residence or business customer, DTI must make a clean cut on
the GTE drop wire at the NID so that no bare wire is exposed. DTI
shall not remove or disconnect GTE's drop wire from the NID or take
any other action that might cause GTE's drop wire to be left lying
on the ground.
3.1.2 At multi-tenant customer locations, DTI must remove the
jumper wire from the distribution block (i.e. the NID) to the GTE
cable termination block. If DTI cannot gain access to the cable
termination block, DTI must make a clean cut at the closest point to
the cable termination block. At DTl's request and discretion, GTE
will determine the cable pair to be removed at the NID in
multi-tenant locations. DTI will compensate GTE for the trip charge
necessary to identify the cable pair to be removed.
3.1.3 GTE agrees to offer NIDs for lease to DTI but not for sale.
DTI may remove GTE identification from any NID which it connects to
a DTI loop, but DTI may not place its own identification on such
NID.
3.1.4 GTE Loop elements leased by DTI will be required to
terminate only on a GTE NID. If DTI leasing a GTE loop wants a DTI
NID, they will also be required to lease a GTE NID for the direct
loop termination and effect a NID to NID connection.
3.2 NID to NID Connection. Rather than connecting its loop directly to GTE's
NID, DTI may also elect to install its own NID and effect a NID to NID
connection to gain access to the end user's inside wiring.
3.2.1 DTI that provides its own loop facilities may elect to move
all inside wire terminated on a GTE NID to one provided by DTI. In
this instance, a NID to NID connection will not be
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required. DTI, or the end user premise owner, can elect to leave
the GTE disconnected NID in place, or to remove the GTE NID from
the premise and dispose of it entirely.
3.3 Removal of Cable Pairs. Removal of existing cable pairs required for DTI
to terminate service is the responsibility of DTI.
3.4 Maintenance. When DTI provides its own loop and connects directly to
GTE's NID, GTE does not have the capability to perform remote maintenance.
DTI can perform routine maintenance via its loop and inform GTE once the
trouble has been isolated to the NID and GTE will repair (or replace) the
NID, or, at DTI's option, it can make a NID to NID connection, using the
GTE NID only to gain access to the inside wire at the customer location.
4. Loop Elements.
4.1 Service Description. a "Loop" is an unbundled component of Exchange
Service. In general, it is the transmission facility (or channel or group
of channels on such facility) which extends from a Main Distribution Frame
("MDF') or functionally comparable piece of equipment in a GTE end office
or wire center to a demarcation or connector block in/at a subscriber's
premises. Traditionally, Loops were provisioned as 2-wire or 4-wire
copper pairs running from the end office MDF to the customer premises.
However, a loop may be provided via other media, including radio
frequencies, as a channel on a high capacity feeder/distribution facility
which may, in turn, be distributed from a node location to the subscriber
premises via a copper or coaxial drop facility, etc.
4.2 Categories of Loops. There are six general categories of loops:
4.2.1 "2-wire analog voice grade" loops will support analog
transmission of 300-3000 Hz, repeat loop start or ground start
seizure and disconnect in one direction (toward the end office
switch), and repeat ringing in the other direction (toward the end
user). This loop is commonly used for local dial tone service;
4.2.2 "4-wire analog voice grade" loops conform to the characteristics of
a 2-wire voice grade loop and, in addition, can support the
simultaneous independent transmission of information in both
directions;
4.2.3 "2-wire digital" loops will support industry standard
specifications for digital transmission. Special provisioning
(removal of bridge taps and/or load coils) will be required to
conform to these industry standards. The price for 2-wire digital
loops shall be the price for the basic 2-wire loop plus the loop
facility NRC to recover the cost of the special provisioning.
4.2.4 "4-wire digital" loops will support industry standard
specifications for digital transmission. Special provisioning
(removal of bridge taps and/or load coils) will be required to
conform to these industry standards. The price for 4-wire digital
loops shall be the price for the basic 4-wire loop plus the loop
facility NRC to recover the cost of the special provisioning.
4.2.5 "DS-1" loops will support a digital transmission rate of
1.544 Mbps. The DS-1 loop will have no bridge taps or load coils
and will employ special line treatment. DS-1 loops will include
span line repeaters where required, office terminating repeaters,
and DSX cross connects. Prices for DS-1 grade loops are the prices
set forth in the appropriate GTE intrastate special access tariff.
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4.2.6 "DS-3" loops will support the transmission of isochronous
bipolar serial data at a rate of 44.736 Mbps. This DS-3 type of
loop provides the equivalent of 28 DS-1 channels and shall include
the electronics at either end.
4.3 Conditioned Loops. DTI may also require that the loops ordered above be
conditioned in order for them to provide the end-user service. Examples
of this type of conditioning are: Type C, Type DA, Improved C, Clear
Channel, etc. The price for such a conditioned loops shall be the
applicable charge as provided in the appropriate GTE intrastate special
access tariff.
4.4 Features, Functions, Attributes. To the degree reasonably possible, all
transport-based features, functions, service attributes,
grades-of-service, installation, maintenance and repair intervals that
apply to the bundled services will apply to unbundled loops.
4.4.1 GTE will not perform routine testing of the unbundled loop
for maintenance purposes. DTI will be required to provision a loop
testing device either in its central office (switch location),
Network Control Center or in its collocation arrangement to test the
unbundled loop. GTE will perform repair and maintenance once
trouble is identified by DTI.
4.4.2 All Loop facilities furnished by GTE on the premises of
DTI's end users and up to the network interface or functional
equivalent are the property of GTE. GTE must have access to all
such facilities for network management purposes. GTE employees and
agents may enter said premises at any reasonable hour to test and
inspect such facilities in connection with such purposes or, upon
termination or cancellation of the Loop facility, to remove such
facility.
4.4.3 GTE will provide loop transmission characteristics to DTI
end users which are equal to those provided to GTE end users.
4.4.4 If DTI leases loops which are conditioned to transmit
digital signals, as a part of that conditioning, GTE will test the
loop and provide recorded test results to DTI. In maintenance and
repair cases, if loop tests are taken, GTE will provide any recorded
readings to DTI at time the trouble ticket is closed in the same
manner as GTE provides to itself and its end users.
4.5 Digital Loop Carrier. Where GTE utilizes integrated digital loop carrier
("IDLC")1 technology to provision the Loop element, GTE will take the
necessary affirmative steps to provide unbundled Loops. The basic Loop
provided will support voice grade services. Loop capabilities beyond
voice grade (i.e., ISDN, ADSL, etc.) will be provided under the terms and
conditions, and at the prices indicated in Section 4.3.
4.5.1 GTE will permit DTI to collocate digital loop carriers and
associated equipment in conjunction with collocation arrangements
DTI maintains at a GTE wire center for the purpose of
interconnecting to unbundled Loop elements.
4.6 Unbundled Loop Facility Certification.
4.6.1 Before deploying any service enhancing copper cable
technology (e.g., HDSL, ISDN, etc.) over unbundled 2-wire analog
voice grade loops leased from GTE, DTI shall notify GTE of
____________________
1 See Bellcore TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop
Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital
Loop Carrier (IDLC) Requirements, Objectives and Interface.
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such intentions to enable GTE to assess the loop transport
facilities to determine whether there are any existing copper cable
loop transport technologies (e.g., analog carrier, etc.) deployed
within the same cable sheath that would be interfered with if DTI
deployed the proposed service enhancing copper cable technology.
If there are existing copper cable loop transport technologies
already deployed within the same cable sheath, or if GTE already
has existing near term (within 18 months of the date of facility
certification) plans to deploy copper cable loop transport
technologies that would be interfered with as described above, GTE
will so inform DTI and DTI shall not be permitted to deploy such
service enhancing copper cable technologies. GTE will charge DTI
the applicable engineering time and labor costs to perform the
certification.
4.6.2 If DTI fails to notify GTE of its plans to deploy service
enhancing copper cable technology and obtain prior certification
from GTE of the facilities, if DTI's deployment of such technology
is determined to have caused interference with existing or planned
copper cable loop transport technologies deployed by GTE in the same
cable sheath, DTI will immediately remove such service enhancing
copper cable technology and shall reimburse GTE for all incurred
expense related to this interference.
4.7 Unbundled Loop Facility Notification.
4.7.1 GTE reserves the right to deploy within its network at its
sole discretion any and all copper cable loop transport
technologies. If GTE plans to deploy copper cable loop transport
technology within a cable sheath in which such technology was not
previously deployed, GTE will provide notice to DTI of such planned
deployment, indicating all service enhancing copper cable
technologies that would cause interference with the technology to be
deployed, or that would be interfered with by the deployment of such
technology. Such notice will be provided at least ninety (90)
Business Days in advance of the planned deployment. If DTI has
deployed any technologies within the same cable sheath that would
interfere with, or be interfered with, by the technology GTE plans
to deploy, the parties will work together to resolve the situation.
4.8 Subloops.
4.8.1 GTE will provide as separate items the loop distribution, loop
concentrator and loop feeder on a case-by-case basis pursuant to a
Bona Fide Request ("BFR").
4.8.2 GTE will design and construct loop access facilities (including loop
feeders and loop concentration/multiplexing systems) in accordance
with standard industry practices as reflected in applicable tariffs
and/or as agreed to by GTE and DTI.
4.8.3 Transport for loop concentrators/multiplexers services not
supported by embedded technologies will be provided pursuant to
applicable tariffs or as individually agreed upon by GTE and DTI.
The Parties understand that embedded loop concentrators/multiplexers
are not necessarily capable of providing advanced and/or digital
services.
4.8.4 GTE will provide loop transmission characteristics as specified in
Section 4.4.3 herein.
5. Port and Local Switching Elements.
5.1 Port. Port is an unbundled component of Exchange Service that provides
for the interconnection of individual loops or trunks to the switching
components of GTE's network. In general, it is a line card or trunk card
and associated peripheral equipment on GTE end office switch that serves
as the hardware termination for the end user's Exchange Service on that
switch and generates dial
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tone and provides the end user access to the public switched
telecommunications network. The port does not include such features and
functions which are provided as part of Local Switching. Each line-side
port is typically associated with one (or more) telephone number(s),
which serve as the end user's network address.
5.2 Ports Available as Unbundled Network Elements. There are four types of
Ports available as unbundled network elements;
5.2.1 "2-wire analog line" Port is a line side switch connection
employed to provide basic residential and business type Exchange
Service.
5.2.2 "2-wire ISDN digital line" Port is a Basic Rate Interface
(BRI) line side switch connection employed to provide ISDN Exchange
Services.
5.2.3 "DS-1 digital trunk" Port is a direct inward dialing (DID)
trunk side switch connection employed to provide the equivalent of
24 analog incoming trunk type Exchange Services.
5.2.4 "4-wire ISDN digital DS-1 trunk" Port is a Primary Rate
Interface (PRI) trunk side switch connection employed to provide the
ISDN Exchange Services
5.3 Port Prices. Prices for 2-wire analog and DS-1 Ports are listed in
Appendix G. 2-wire ISDN line side Ports and 4-wire ISDN trunk side Ports
shall be provided at a price agreed to by the Parties.
5.4 Local Switching. Local switching provides the basic switching functions
to originate, route and terminate traffic and any signaling deployed in
the switch. Vertical features are optional services provided through
software programming in the switch which can be added on a per-feature
basis with applicable rate. GTE will offer only those features and
functions currently available to the particular platform used (e.g., DMS,
5ESS, GTD5). Any feature or function which is not available, but the
switch is capable of providing, may be requested via the BFR process. DTI
will be responsible for bearing any costs incurred by GTE in making such
feature/function available, including Right-to-Use (RTU) fees. The rates
for Local Switching and Vertical Features are listed in Appendix G.
5.4.1 DTI must purchase Local Switching with the line-side Port or
trunk-side Port, if applicable.
5.5 Compliance with Section 2.3. DTI shall only order unbundled elements in
accordance with Section 2.3 herein and it will be the responsibility of
DTI to make arrangements for the delivery of interexchange traffic and
routing of traffic over interoffice transmission facilities, if
applicable.
6. Transport Facility.
6.1 Service Description. Transport is an unbundled component of Exchange
Service. In general, it is the transmission facility (or channel or group
of channels on such facility) which extends from a Main Distribution Frame
(MDF) or functionally comparable piece of equipment in a GTE end office or
access tandem to either (l) another MDF or functionally comparable piece
of equipment in a GTE end office or access tandem, or (ii) a meet point
with transport facilities of DTI or another carrier. Transport may be
provided over a variety of media, including, but not limited to, copper
cables, radio frequencies or channels on a high capacity facility.
6.1.1 Tandem Switching Capability. GTE will provide tandem
switching capability at GTE access tandems for traffic between DTI
and GTE end offices subtending the GTE access tandem and for traffic
between DTI and non-GTE end offices subtending GTE access tandems.
GTE will provide the features and functions that are
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centralized in tandem switches including but not limited to call
recording, the routing of calls to operator services when
technically feasible, and signaling conversion features.
6.2 Categories/Types. Unbundled transport is provided under rates, terms and
conditions of the applicable GTE access tariff or local private line
tariff.
7. SS7 Transport and Signaling. SS7 signaling and transport services in
support of DTI's local exchange services shall be provided in accordance
with the terms and conditions of Appendix I attached to this Agreement and
made a part hereof.
7.1 GTE will provide interconnection with its SS7 at the STPs but not at
other points.
8. LIDB Services. Access to GTE's LIDB shall be provided in accordance with
the rates, terms and conditions of GTE's switched access tariff, GTOC
Tariff FCC No. 1, Section 8.
9. Database 800-Type Services. Access to GTE's 800-Type database (i.e.,
888, 877) shall be provided in accordance with the rates, terms and
conditions of GTE's switched access tariff, GTOC Tariff FCC No. 1, Section
8.
10. Data Switching.
10.1 Access. GTE will provide unbundled access to GTE data switches to DTI at
the user network interface ("UNI") and network to network interface
("NNI") level subject to mutual agreement on technical standards.
10.2 Nondiscrimination. Data switching features and functionalities provided
to DTI will be without discrimination with respect to the way GTE provides
them to GTE end users. In the event of overflow or congestion conditions
on the data switching network, DTI's data traffic carried on GTE
facilities will be equal priority to GTE data traffic.
10.3 Testing, Monitoring, Administration and Maintenance. Testing,
monitoring, administration and maintenance will be performed by GTE in a
nondiscriminatory manner.
11. Digital Cross Connect System (DCS).
11.1 Access. GTE will provide unbundled access to the DCS element, which
shall provide automated cross-connection (with CNC), facility grooming,
bridging (MJU-digital), point to multipoint connections (DMB-analog),
broadcast and automated facility test capabilities. These functionalities
will be provided consistent with that which is provided to GTE end users.
DTI shall submit a Bona Fide Request to GTE specifying these
functionalities.
11.2 Optional Characteristics. The DCS element may include multiplexing,
format conversion, signaling conversion and manual cross connection
wiring.
11.3 Alternate Provisioning. Where no automated DCS capability exists, the
cross connection function will be provided manually by GTE through the
combination of DSX patch panels and D4 banks or DS0 (or higher capacity)
equipment.
11.4 Elements. DTI will have access to the following DCS elements:
(a) DS0 with DS1 interface (CNC)
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(b) DS1/VT1.5 with DS1, DS3 and SONET interfaces (CNC and Titan
5500)
11.5 Capabilities. The DCS elements will provide the following capabilities:
(a) Real-time configuration (with CNC)
(b) Real-time access to integrated test equipment (with React and
Customer Service)
(c) SONET asynchronous gateway functionality (with Titan 5500
only)
(d) Compliance with Bellcore and industry standards.
11.6 Protection and Performance. The unbundled DCS elements provided to DTI
will have equipment/interface protection, redundant power supply and/or
battery backup and performance/availability consistent with that provided
to GTE end users.
11.7 Provisioning, Administration and Maintenance. GTE will provide
provisioning, administration and maintenance of the DCS elements the same
level as GTE provides to itself as well as real time access to performance
monitoring and alarm data affecting DTI traffic (with CNC). GTE is not
required to keep software updated to the "current available release" in
every instance.
12. Operator Services (OS) and Directory Assistance (DA). GTE will provide
OS and DA to DTI in accordance with the terms set forth as follows:
12.0.1 Where Customized Routing is available, GTE will offer unbranded OS
and DA or rebranded OS and DA with the DTI brand. GTE will provide
such unbranding or rebranding on a switch-by-switch basis, subject
to capability and capacity limitations. Upon receipt of an order
for unbranding or rebranding, GTE will implement within 90 Business
Days when technically capable.
12.0.2 DTI will be billed an element charge for OS and DA and a charge
for unbranding or rebranding and Customized Routing as set forth in
Section 12.1.2. In addition, charges specified in Section 12.1.4
will apply.
12.0.3 For those offices that DTI has requested GTE to rebrand and/or
unbrand OS and DA, GTE will provide it using live operators where
GTE performs its own OS and DA service and where handled by
automated systems. If GTE uses a Third Party contractor to provide
OS or DA, GTE will not provide branding nor will GTE negotiate it
with a Third Party on behalf of DTI. DTI must negotiate with the
Third Party. In these instances, DTI will need to purchase
customized routing to differentiate OS/DA traffic between GTE's and
a Third Party.
12.1 Customized Routing. Where technically feasible and upon receipt of
written request from DTI, GTE agrees to provide customized routing for the
following types of calls:
0-
0+Local
0+411
1+411
0+HNPA-555-1212 (intraLATA, only when intraLATA
presubscription is not available)
1+HNPA-555-1212 (intraLATA, only when intraLATA
presubscription is not available)
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12.1.1 GTE will provide DTI a list of switches that can provide
customized routing using line class codes or similar method
(regardless of current capacity limitations). DTI will return a
list of these switches ranked in priority order. GTE will return to
DTI a schedule for customized routing in the switches with existing
capabilities and capacity.
12.1.2 Upon written request from DTI, GTE will provide DTI with
applicable charges, and terms and conditions, for providing OS and
DA, branding, and Customized Routing.
12.1.3 Subject to the above provisions, GTE will choose the method of
implementing customized routing of OS and DA calls.
12.1.4 The use of customized routing will require the purchase of a trunk
side port and dedicated facilities between the GTE end office and
the designated OS/DA platform. The rates for these elements will be
billed in accordance with Appendix G.
13. Advanced Intelligent Network Access (AIN). GTE will provide DTI access
to GTE AIN functionality from GTE's AIN SCP via GTE's local switch or
DTI's local switch.
14. Nondiscrimination Provision and Support. GTE agrees to provide unbundled
network elements in a timely manner considering the need and volume of
requests. GTE will provide unbundled network elements in a
non-discriminatory manner and shall provide power to such elements on the
same basis as GTE provides to itself.
15. Provisioning Intervals. GTE agrees to provide unbundled network elements
in a timely manner considering the need and volume of requests, pursuant
to agreed upon service provisioning intervals.
16. Directory Assistance Listing. When DTI orders an unbundled port, a
Directory Service Request (DSR) must be submitted to have the listing
included in GTE's Directory Assistance database. The applicable ordering
charge will be applied for processing the DSR.
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ARTICLE VIII
ADDITIONAL SERVICES AND COORDINATED SERVICE ARRANGEMENTS
1. Bona Fide Request Process.
1.1 Intent. The Bona Fide Request process is intended to be used when DTI
requests customized Service Orders for certain services, features,
capabilities or functionality defined and agreed upon by the Parties as
services to be ordered as Bona Fide Requests.
1.2 Process.
1.2.1 A Bona Fide Request shall be submitted in writing by DTI and shall
specifically identify the need to include technical requirements, space
requirements and/or other such specifications that clearly define the
request such that GTE has sufficient information to analyze and prepare a
response.
1.2.2 Although not expected to do so, DTI may cancel a Bona Fide Request in
writing at any time prior to DTI and GTE agreeing to price and
availability. GTE will then cease analysis of the request.
1.2.3 Within two (2) Business Days of its receipt, GTE shall acknowledge in
writing the receipt of the Bona Fide Request and identify a single point
of contact and any additional information needed to process the request.
1.2.4 Except under extraordinary circumstances, within ten (10) Business
Days of its receipt of a Bona Fide Request, GTE shall provide a proposed
price and availability date, or it will provide an explanation as to why
GTE elects not to meet DTI's request. If extraordinary circumstances
prevail, GTE will inform DTI as soon as it realizes that it cannot meet
the ten (10) Business Day response due date. DTI and GTE will then
determine a mutually agreeable date for receipt of the request.
1.2.5 Unless DTI agrees otherwise, all proposed prices shall be consistent
with the pricing principles of the Act, FCC and/or the Commission.
Payments for services purchased under a Bona Fide Request will be made
upon delivery, unless otherwise agreed to by DTI, in accordance with the
applicable provisions of the Agreement.
1.2.6 Upon affirmative response from GTE, DTI will submit in writing its
acceptance or rejection of GTE's proposal. If at any time an agreement
cannot be reached as to the terms and conditions or price of the request
GTE agrees to meet, the Dispute resolution procedures described in
Article III herein may be used by a Party to reach a resolution.
2. Transfer of Service Announcements. For services other than GTE resold
and ported number services, when an end user customer transfers service
from one Party to the other Party, and does not retain its original
telephone number, the Party formerly providing service to the end user
will provide, upon request and if such service is provided to its own
customers, a referral announcement on the original telephone number. This
announcement will provide the new number of the customer and will remain
in effect for the same time period this service is provided to GTE's own
end users. For GTE resold and ported number services, GTE shall provide
an intercept referral on behalf of DTI.
3. Misdirected Calls. The Parties will employ the following procedures for
handling any misdirected calls (e.g., Business office, repair bureau,
etc.).
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3.1 To the extent the correct provider can be determined, each Party will
refer misdirected calls to the proper provider of local exchange service.
When referring such calls, both Parties agree to do so in a courteous
manner, at no charge.
3.2 For misdirected repair calls, the Parties will provide their respective
repair bureau contact number to each other on a reciprocal basis and
provide the end user the correct contact number.
3.3 In responding to misdirected calls, neither Party shall make disparaging
remarks about each other, nor shall they use these calls as a basis for
internal referrals or to solicit end users or to market services.
4. 911/E911 Arrangements.
4.1 Description of Service. DTI will install a minimum of two (2) dedicated
trunks to GTE's 911/E911 selective routers (i.e., 911 tandem offices) that
serve the areas in which DTI provides Exchange Services, for the provision
of 911/E911 services and for access to all subtending PSAPs. The
dedicated trunks shall be, at a minimum, DS-0 level trunks configured as a
2-wire analog interface or as part of a digital (1.544 Mbps) interface in
which all circuits are dedicated to 9-1-1 traffic. Either configuration
shall use CAMA type signaling with multifrequency ("MF") tones that will
deliver ANI with the voice portion of the call. GTE will provide DTI with
the appropriate CLLI codes and specifications of the tandem office serving
area or the location of the primary PSAP when there is no 911 routing in
that 911 district. If a DTI central office serves end users in an area
served by more than one (1) GTE 911/E911 selective router, DTI will
install a minimum of two (2) dedicated trunks in accordance with this
Section to each of such 911/E911 selective routers or primary PSAP.
4.2 Transport. If DTI desires to obtain transport from GTE to the GTE 911
selective routers, DTI may purchase such transport from GTE at the rates
set forth in Appendix H.
4.3 Cooperation and Level of Performance. The Parties agree to provide
access to 911/E911 in a manner that is transparent to the end user. The
Parties will work together to facilitate the prompt, reliable and
efficient interconnection of DTI's systems to the 911/E911 platforms, with
a level of performance that will provide the same grade of service as that
which GTE provides to its own end users. To this end, GTE will provide
documentation to DTI showing the correlation of its rate centers to its
E911 tandems at rates set forth in Appendix H.
4.4 Basic 911 and E911 General Requirements:
4.4.1 Basic 911 and E911 provides a caller access to the
appropriate emergency service bureau by dialing a 3-digit universal
telephone number (911).
4.4.2 Where GTE has a 911 selective router installed in the
network serving the 911 district, GTE shall use subscriber data
derived from the Automatic Location Identification/Database
Management System (ALI/DMS) to selectively route the 911 call to the
Public Safety Answering Point (PSAP) responsible for the caller's
location.
4.4.3 All requirements for E911 also apply to the use of SS7 as a
type of signaling used on the interconnection trunks from the local
switch to an end office or a selective router.
4.4.4 Basic 911 and E911 functions provided to DTI shall be at
least at parity with the support and services that GTE provides to
its subscribers for such similar functionality.
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4.4.5 Basic 911 and E911 access from Local Switching shall be
provided to DTI in accordance with the following:
4.4.5.1 GTE and DTI shall conform to all state regulations
concerning emergency services.
4.4.5.2 For E911, both DTI and GTE shall use their respective
service order processes to update access line subscriber data
for transmission to the database management systems.
Validation will be done via MSAG comparison listed in Section
4.4.5.5.
4.4.5.3 If legally required by the appropriate jurisdiction, GTE
shall provide or overflow 911 traffic to be routed to GTE
Operator Services or, at DTI's discretion, directly to DTI
Operator Services.
4.4.5.4 Basic 911 and E911 access from the DTI local switch shall
be provided from GTE to DTI in accordance with the following:
4.4.5.4.1 If required by DTI and technically feasible, GTE
shall interconnect direct trunks from the DTI network
to the E911 PSAP, or to the E911 selective routers as
designated by DTI. Such trunks may alternatively be
provided by DTI.
4.4.5.4.2 In government jurisdictions where GTE has
obligations under existing Agreements as the primary
provider of the 911 System to the county (i.e., "lead
telco"), DTI shall participate in the provision of the
911 System as follows:
4.4.5.4.2.1 Each Party shall be responsible for
those portions of the 911 System for which it
has control, including any necessary
maintenance to each Party's portion of the
911 System.
4.4.5.4.2.2 DTI and GTE recognize that the lead
telco in a 911 district has the
responsibility of maintaining the ALI
database for that district. Each company
will provide its access line subscriber
records to the database organization of that
lead telco. DTI and GTE will be responsible
for correcting errors when notified by either
the 911 district or its customer, and then
submitting the corrections to the lead telco.
Lead telco database responsibilities are
covered in Section 4.4.5.5 of this Article.
4.4.5.4.2.3 DTI shall have the right to verify the
accuracy of information regarding DTI
customers in the ALI database using methods
and procedures mutually agreed to by the
Parties. The fee for this service shall be
determined based upon the agreed upon
solution.
4.4.5.4.3 If a Third Party is the primary service provider
to a 911 district, DTI shall negotiate separately with
such Third Party with regard to the provision of 911
service to the agency. All relations between such
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Third Party and DTI are totally separate from
this Agreement and GTE makes no
representations on behalf of the Third Party.
4.4.5.4.4 If DTI or Affiliate is the primary service
provider to a 911 district, DTI and GTE shall
negotiate the specific provisions necessary for
providing 911 service to the agency and shall include
such provisions in an amendment to this Agreement.
4.4.5.4.5 Interconnection and database access shall be at
rates as set forth in Appendix H.
4.4.5.4.6 GTE shall comply with established, competitively
neutral intervals for installation of facilities,
including any collocation facilities, diversity
requirements, etc.
4.4.5.4.7 In a resale situation, where it may be
appropriate for GTE to update the ALI database, GTE
shall update such database with DTI data in an
interval no less than is experienced by GTE
subscribers, or than for other carriers, whichever is
faster, at no additional cost.
4.4.5.5 The following are Basic 911 and E911 Database Requirements:
4.4.5.5.1 The ALI database shall be managed by GTE, but is
the property of GTE and any participating LEC or DTI
which provides their records to GTE.
4.4.5.5.2 Copies of the MSAG shall be provided within five
(5) business days after the date the request is
received and provided on diskette or paper copy at the
rates set forth in Appendix H.
4.4.5.5.3 DTI shall be solely responsible for providing DTI
database records to GTE for inclusion in GTE's ALI
database on a timely basis.
4.4.5.5.4 GTE and DTI shall arrange for the automated input
and periodic updating of the E911 database information
related to DTI end users. GTE shall work
cooperatively with DTI to ensure the accuracy of the
data transfer by verifying it against the Master
Street Address Guide ("MSAG"). GTE shall accept
electronically transmitted files or magnetic tape that
conform to National Emergency Number Association
("NENA") Version #2 format.
4.4.5.5.5 DTI shall assign an E911 database coordinator
charged with the responsibility of forwarding DTI end
user ALI record information to GTE or via a
third-party entity, charged with the responsibility of
ALI record transfer. DTI assumes all responsibility
for the accuracy of the data that DTI provides to GTE.
4.4.5.5.6 GTE shall update the database within one (1)
business day of receiving the data from DTI. If GTE
detects an error in the DTI provided data, the data
shall be returned to DTI within one day from when it
was provided to GTE. DTI shall respond to requests
from GTE to make corrections to database record errors
by
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uploading corrected records within one day.
Manual entry shall be allowed only in the event
that the system is not functioning properly.
4.4.5.5.7 GTE agrees to treat all data on DTI subscribers
provided under this Agreement as strictly confidential
and to use data on DTI subscribers only for the
purpose of providing E911 services.
4.4.5.5.8 GTE shall adopt use of a Carrier Code (NENA
standard five-character field) on all ALI records
received from DTI. The Carrier Code will be used to
identify the carrier of record in NP configurations.
The XXXX Xxxxxxx Code for DTI is "DTI"; the XXXX
Xxxxxxx Code for GTE is "GTE."
4.4.5.6 GTE and DTI will comply with the following requirements for
network performance, maintenance and trouble notification.
4.4.5.6.1 Equipment and circuits used for 911 shall be
monitored at all times. Monitoring of circuits shall
be done to the individual trunk level. Monitoring
shall be conducted by GTE for trunks between the
selective router and all associated PSAPs.
4.4.5.6.2 Repair service shall begin immediately upon
report of a malfunction. Repair service includes
testing and diagnostic service from a remote location,
dispatch of or in-person visit(s) of personnel. Where
an on-site technician is determined to be required, a
technician will be dispatched without delay.
4.4.5.6.3 GTE shall notify DTI forty-eight (48) hours in
advance of any scheduled testing or maintenance
affecting DTI 911 service. GTE shall provide
notification as soon as possible of any unscheduled
outage affecting DTI 911 service.
4.4.5.6.4 All 911 trunks must be capable of transporting
Baudot Code necessary to support the use of
Telecommunications Devices for the Deaf ("TTY/TDDs").
4.4.5.7 Basic 911 and E911 Additional Requirements
4.4.5.7.1 All DTI lines that have been ported via INP shall
reach the correct PSAP when 911 is dialed. Where GTE
is the lead telco and provides the ALI, the ALI record
will contain both the DTI number and GTE ported
number. The PSAP attendant shall see both numbers
where the PSAP is using a standard ALI display screen
and the PSAP extracts both numbers from the data that
is sent. GTE shall cooperate with DTI to ensure that
911 service is fully available to all DTI end users
whose telephone numbers have been ported from GTE,
consistent with State provisions.
4.4.5.7.2 DTI and GTE shall be responsible for reporting
all errors, defects and malfunctions to one another.
GTE and DTI shall provide each other with a point of
contact for reporting errors, defects, and
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malfunctions in the service and shall also provide
escalation contacts.
4.4.5.7.3 DTI may enter into subcontracts with third
parties, including DTI Affiliates, for the performance
of any of DTI's duties and obligations stated herein.
4.4.5.7.4 Where GTE is the lead telco, GTE shall provide
DTI with notification of any pending
selective router moves within at least ninety (90)
days in advance.
4.4.5.7.5 Where GTE is the lead telco, GTE shall establish
a process for the management of NPA splits by
populating the ALI database with the appropriate new
NPA codes.
4.4.5.7.6 Where GTE is the lead telco, GTE shall provide
the ability for DTI to update 911 database with end
user information for lines that have been ported via
INP or LNP.
4.4.6 Basic 911 and E911 Information Exchanges and interfaces.
Where GTE is the lead telco:
4.4.6.1 GTE shall provide DTI access to the ALI Gateway
which interfaces to the ALI/DMS database. GTE shall
provide error reports from the ALI/DMS database to DTI
within one (1) day after DTI inputs information into
the ALI/DMS database. Alternately, DTI may utilize
GTE or a Third Party entity to enter subscriber
information into the database on a demand basis, and
validate subscriber information on a demand basis.
The rates are set forth in Appendix H.
4.4.6.2 GTE and DTI shall arrange for the automated input
and periodic updating of the E911 database information
related to DTI end users. GTE shall work
cooperatively with DTI to ensure the accuracy of the
data transfer by verifying it against the Master
Street Address Guide ("MSAG"). GTE shall accept
electronically transmitted files or magnetic tape that
conform to National Emergency Number Association
("NENA") Version #2 format.
4.4.6.3 Updates to MSAG. Upon receipt of an error
recording an DTI subscriber's address from GTE, and
where GTE is the lead telco, it shall be the
responsibility of DTI to ensure that the address of
each of its end users is included in the Master Street
Address Guide ("MSAG") via information provided on
DTI's Local Service Request ("LSR") or via a separate
feed established by DTI pursuant to Section 4.4.5.7 of
this Article.
4.4.6.4 The ALI database shall be managed by GTE, but is
the property of GTE and all participating telephone
companies. The interface between the E911 Switch or
Tandem and the ALI/DMS database for DTI subscriber
shall meet industry standards.
4.5 Compensation. In situations in which GTE is responsible for maintenance
of the 911/E911 database and can be compensated for maintaining DTI's
information by the municipality, GTE will seek such compensation from the
municipality. GTE will seek compensation from DTI only if, and to the
extent, that GTE is unable to obtain such compensation from the
municipality. GTE
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shall charge DTI a portion of the cost of the shared 911/E911 selective
router as set forth in Appendix H.
5. Information Services Traffic.
5.1 Routing. Each Party shall route traffic for Information Services (i.e.
900-976, Internet, weather lines, sports providers, etc.) which originates
on its network to the appropriate Information Service Platform.
5.2 Billing and Collection and Information Service Provider (ISP)
Remuneration.
5.2.1 In the event GTE performs switching of ISP traffic
associated with resale or unbundled network elements for DTI, GTE
shall provide to DTI GTE's standard call detail records so as to
allow DTI to xxxx its end users. GTE shall not be responsible or
liable to DTI or ISP for Billing and Collection and/or any
receivables of Information Service Providers.
5.2.2 Notwithstanding and in addition to Article III, Section 24,
GTE shall be indemnified and held harmless by CLEC from and against
any and all suits, actions, losses, damages, claims, or liability of
any character, type, or description, including all expenses of
litigation and court cost which may arise as a result of the
provisions contained in this Article VIII, Section 5.2.1 supra. The
indemnity contained in this section shall survive the termination of
this Agreement, for whatever reason.
5.2.3 GTE agrees to notify DTI in writing within ten (10) working
days, by registered or certified mail at DTI's address of any claim
made against GTE on the obligations indemnified against pursuant to
this Article VIII, Section 5.
5.2.4 It is understood and agreed that the indemnity provided for
in this Article VIII, Section 5 is to be interpreted and enforced so
as to provide indemnification of liability to GTE to the fullest
extent now or hereafter permitted by law.
5.3 900-976 Call Blocking. GTE shall not unilaterally block 900-976 traffic
in which GTE performs switching associated with resale or unbundled
network elements. GTE will block 900-976 traffic when requested to do so,
in writing, by DTI. DTI shall be responsible for all cost associated with
the 900-976 call blocking request. GTE reserves the right to block any
and all calls which may harm or damage its network.
5.4 Miscellaneous. GTE reserves the right to provide to any Information
Service Provider a list of any and all Telecommunications Providers doing
business with GTE.
6. Telephone Relay Service. Local and intraLATA Telephone Relay Service
("TRS") enables deaf, hearing-impaired, or speech-impaired TRS users to
reach other telephone users. With respect to resold services, DTI's end
users will have access to the state authorized TRS provider to the extent
required by the Commission, including any applicable compensation
surcharges.
7. Directory Assistance (DA) and Operator Services (OS). Where DTI is
providing local service with its own switch, upon DTI's request GTE will
provide to DTI rebranded or unbranded directory assistance services and/or
operator services pursuant to separate contracts to be negotiated in good
faith between the Parties. If DTI so requests directory assistance
services and/or operator services, such contracts shall provide for the
following:
7.1 Directory Assistance Calls. GTE directory assistance centers shall
provide number and addresses to DTI end users in the same manner that
number and addresses are provided to
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GTE end users. If information is provided by an automated response unit
("ARU"), such information shall be repeated twice in the same manner in
which it is provided to GTE end users. Where available, GTE will provide
call completion to DTI end users in the same manner that call completion
is provided to GTE end users. GTE will provide its existing services to
DTI end users consistent with the service provided to GTE end users.
7.2 Operator Services Calls. GTE operator services provided to DTI end users
shall be provided in the same manner GTE operator services are provided to
GTE end users. In accordance with GTE practices and at GTE rates, GTE
will offer to DTI end users collect, person-to-person, station-to-station
calling, Third Party billing, emergency call assistance, calling card
services, credit for calls, time and charges, notification of the length
of call, and real time rating. GTE operators shall also have the ability
to quote DTI rates upon request but only if there is appropriate cost
recovery to GTE and to the extent it can be provided within the technical
limitations of GTE's switches. GTE will provide its existing services to
DTI end users consistent with the service GTE provides to its own end
users.
8. Directory Assistance Listings Information. GTE will include listings in
its directory assistance database for DTI end users in the same geographic
area as GTE provides directory assistance for GTE end users as specified
in Article VI, Section 3.4.
8.1 GTE shall provide to DTI, at DTI's request, for purposes of DTI providing
DTI-branded directory assistance services to its local customers, within
sixty (60) Business Days after an order for such tape is received, all
published DA listings for that specific state via magnetic tape. Such
listings will be Confidential Information under this Agreement and DTI
will use the listings only for its directory assistance services to its
end users. If DTI uses a Third Party directory assistance service to its
end users, DTI will ensure that such Third Party likewise treats the
listings as Confidential Information under this Agreement, and uses them
only for such directory assistance. Changes to the DA Listing Information
shall be updated on a daily basis through the same means used to transmit
the initial list. DA Listing Information provided shall indicate whether
the customer is a residence or business customer. The rate to be paid by
DTI to GTE will be reasonable and mutually agreed upon.
8.2 The Parties will not release DA Listing Information that includes the
other Party's end user information to Third Parties without the other
Party's written approval. The other Party will inform the Releasing Party
if it desires to have the Releasing Party provide the other Party's DA
Listing Information to the Third Party, in which case, the Releasing Party
shall provide the other Party's DA Listing Information at the same time as
the Releasing Party provides the Releasing Party's DA Listing Information
to the Third Party. The rate to be paid by the Releasing Party to the
other Party shall be no more than the direct costs of compiling such
information. The other Party shall be responsible for billing the Third
Party.
8.3 The Parties will work together to identify and develop procedures for
database error corrections.
9. Directory Listings and Directory Distribution. DTI will be required to
negotiate a separate agreement for directory listings and directory
distribution, except as set forth below, with GTE's directory publication
company.
Listings. DTI agrees to supply GTE on a regularly scheduled basis, at no
charge, and in a mutually agreed upon format (e.g. Ordering and Billing
Forum developed), all listing information for DTI's subscribers who wish
to be listed in any GTE published directory for the relevant operating
area. Listing information will consist of names, addresses (including
city, state and zip code) and telephone numbers. Nothing in this
Agreement shall require GTE to publish a directory where it would not
otherwise do so.
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Listing inclusion in a given directory will be in accordance with GTE's
solely determined directory configuration, scope, and schedules, and
listings will be treated in the same manner as GTE's listings.
Distribution. Upon directory publication, GTE will arrange for the
initial distribution of the directory to service subscribers in the
directory coverage area at no charge.
DTI will supply GTE in a timely manner with all required subscriber
mailing information including non-listed and non-published subscriber
mailing information, to enable GTE to perform its distribution
responsibilities.
10. Busy Line Verification and Busy Line Verification Interrupt. Each Party
shall establish procedures whereby its operator assistance bureau will
coordinate with the operator assistance bureau of the other Party to
provide Busy Line Verification ("BLV") and Busy Line Verification and
Interrupt ("BLVI") services on calls between their respective end users.
Each Party shall route BLV and BLVI inquiries over separate inward
operator services trunks. Each Party's operator assistance bureau will
only verify and/or interrupt the call and will not complete the call of
the end user initiating the BLV or BLVI. Each Party shall charge the
other for the BLV and BLVI services at the rates contained in Appendix F,
or if there is no applicable rate listed in Appendix F, at the rates in
their respective tariffs.
11. SAG. GTE will provide to DTI upon request the Street Address Guide at a
reasonable charge. Two companion files will be provided with the SAG
which lists all services and features at all LSOs, and lists services and
features that are available in a specific LSO.
12. Dialing Format Changes. GTE will provide reasonable notification to DTI
of changes to local dialing format, i.e., 7 to 10 digit, by end office.
13. Operational Support Systems (OSS). GTE shall provide OSS functions to
DTI for ordering, provisioning and billing that are generally available as
described in Appendix I attached to this Agreement. DTI shall pay GTE for
access to GTE's OSS functions consistent with processes defined in
Appendix I.
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ARTICLE IX
COLLOCATION
1. Physical Collocation. GTE shall provide to DTI physical collocation of
equipment pursuant to 47 CFR Section 51.323 necessary for interconnection
or for access to unbundled network elements, provided that GTE may provide
virtual collocation in place of physical collocation, or in some cases
deny a particular collocation request entirely, if GTE demonstrates that
physical collocation, or perhaps even virtual collocation, is not
practical because of technical reasons or space limitations, as provided
in Section 251 (c)(6) of the Act. GTE will work with DTI to install
collocation arrangements within 120 calendar days absent extenuating
circumstances, GTE will provide such collocation for purposes of
interconnection or access to unbundled network elements pursuant to the
terms and conditions in the applicable federal and state EIS tariffs.
1.1 Space Planning. In addition to such provisions for space planning and
reservation as may be set forth in the applicable GTE federal and state
EIS tariffs, the parties agree to the following terms and conditions.
1.1.1 GTE has the right to reserve space within its central
offices for its own use based on a 5-year planning horizon.
1.1.2 GTE will notify DTI if it plans to build an addition to a
central office where DTI has collocated facilities, if such addition
would result in a material increase of space available for
collocation.
1.1.3 Should DTI submit to GTE a two-year forecast for space
planning for collocated facilities in a central office, GTE will, in
good faith, consider and discuss such forecast with DTI when
considering space planning or utilization decisions for such central
office; provided, however that any final space planning or
utilization decision shall be made by GTE in its sole discretion in
light of GTE requirements.
1.1.4 Subject to technical feasibility and space limitations, GTE
will make available at applicable federal and state EIS tariffs such
intraoffice facilities as may be necessary to accommodate projected
volumes of DTI traffic.
1.2 Connection to Customer Loops and Ports. Facilities for cross-connection
to unbundled loops and ports shall be provided under the applicable GTE
federal tariff for Special Access Cross Connect, until such time as a
local tariff applicable to the facilities used for such cross-connection
is filed.
1.3 Connection to Other Collocated Carriers. Subject to technical
feasibility and space limitations, DTI may interconnect with other
carriers collocated at a GTE central office at which DTI has collocated
facilities; provided, however, that DTI and such other carriers must be
collocated at the GTE central office for the primary purpose of
interconnecting with GTE or accessing GTE's unbundled network elements.
If DTI wants to interconnect with other carriers collocated at a GTE
central office, DTI must provide GTE with thirty Business Days' prior
written notice, during which time GTE may elect to provide the facilities
necessary to accomplish such interconnection. DTI and the other
collocated carriers may provide the necessary interconnection facilities
only if GTE elects not to provide such facilities or fails to so elect
within the thirty day notice period. If GTE elects to provide
interconnection facilities under this section, GTE will provide this cross
connection under the GTE federal tariff for Special Access Cross Connect,
until such time as a local tariff applicable to the facilities used for
such interconnection facilities is filed.
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1.4 Choice of Vendor. DTI may use the vendor of its choice to install,
maintain and repair equipment within DTI's collocated space. Access by
the employees, agents or contractors of such vendor shall be subject to
the same restrictions on access by employees, agents or contractors of DTI
imposed under the applicable GTE federal and state EIS tariffs, including
but not limited to certification and approval by GTE.
1.5 Monitoring. Subject to technical feasibility and space limitations, DTI
may extend its own facilities for remote monitoring of its collocated
equipment to its collocated space. DTI may request that GTE provide the
facilities necessary for such remote monitoring, at which time GTE and DTI
will negotiate in good faith the price, terms and conditions of remote
monitoring by GTE.
1.6 Phone Service. Upon ordering collocated space, DTI may order that its
collocation cage be provided with plain old telephone service (POTS)
commencing at such time as GTE has completed construction of the
collocated space. DTI shall pay separately for any ordered POTS service.
1.7 Intraoffice Diversity. At DTI's request, GTE will provide diversity for
ingress/egress fiber and power cables where such diversity is available
and subject to technical feasibility and space limitations.
1.8 DTI Proprietary Information. GTE will protect all DTI proprietary
information to the extent required under non-disclosure agreements
existing as of the date GTE completes construction of a physical
collocation space at DTl's request.
1.9 Notification of Modifications. GTE will notify DTI of modifications to
collocation space in accord with the terms of applicable GTE state and
federal EIS tariffs. Additionally, GTE shall notify DTI when major
upgrades are made to the power plants supporting DTI's collocation space.
The following shall constitute such major upgrades:
(a) replacement of a rectifier;
(b) addition or replacement of a new fusing module;
(c) addition or replacement of a power distribution unit frame; or
(d) addition or replacement of modular rectifiers.
1.10 Drawings. When DTI orders collocated space, GTE and DTI will hold a
GTE/Customer meeting in accord with applicable GTE state and federal EIS
tariffs. At such meeting, GTE will provide such drawings of GTE's central
office facility as may be necessary to adequately depict DTI's proposed
collocation space.
1.11 Construction of Space. GTE will construct DTI's collocation space in
accord with the terms and conditions set forth in the applicable GTE state
and federal EIS tariff. Additionally, GTE agrees to the following terms
and conditions regarding construction of collocated space:
1.11.1 Space will be constructed in 100 square foot increments, and shall
be designed so as to prevent unauthorized access.
1.11.2 a standard 100 square foot cage shall have the following standard
features:
(a) eight-foot high, nine gauge chain link panels;
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(b) three of the panels listed at (a) above shall
measure eight by ten feet, the fourth panel shall measure
eight by seven feet;
(c) the door to the cage shall measure eight by three feet and
shall also consist of nine gauge chain link;
(d) the cage shall be provided with one padlock set, with GTE
retaining one master key;
(e) one ac electrical outlet;
(f) one charger circuit system;
(g) one electrical sub-panel;
(h) such additional lighting as may be necessary;
(i) one fire detection requirement evaluation;
(j) grounding for the cage consistent with COEI.
1.11.3 Modifications to the standard configuration set forth in Section
1.11.2 can be made on an individual case basis. If modifications
are agreed upon and made by the Parties, GTE will work with DTI to
implement such additional modifications as may be necessary to
ensure that DTI's collocated space is protected from unauthorized
access.
1.11.4 At such time as construction of DTI's collocation space is
approximately 50 percent completed, GTE will give DTI notification,
and such notification shall include scheduled completion and
turnover dates.
1.11.5 Upon completion of construction of collocated space, GTE will
conduct a walk through of the collocated space with DTI. Should DTI
note any deviations from the plan agreed upon by GTE and DTI at the
customer meeting, and if such deviations were not requested by DTI
or not required by law, GTE shall correct such deviations at its own
expense within 5 Business Days.
1.12 Connection Equipment. DTI may provision equipment for the connection of
DTI termination equipment to GTE equipment using either of the following
methods:
1.12.1 DTI may extend an electrical or optical cable from the terminal
within DTI's collocation cage and terminate that cable at GTE's
network.
1.12.2 DTI may install a patch panel within its collocation cage and then
hand the cabling to GTE to extend to and have GTE terminate that
cable at GTE's network.
1.13 Access to DTI Collocation Space. The terms and conditions of access to
DTI's collocation space shall be as set forth in applicable GTE state and
federal EIS tariffs. Additionally, GTE agrees that the following terms
and conditions shall apply to access:
1.13.1 GTE shall implement adequate measures to control access to
collocation cages.
1.13.2 Collocation space shall comply with all applicable fire and safety
codes.
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1.13.3 Doors with removable hinges or inadequate strength shall be
monitored by an alarm connected to a manned site. All other alarms
monitoring DTI collocation space provided by GTE shall also be
connected to a manned site. DTI may, at its option, provide its own
intrusion alarms for its collocated space.
1.13.4 GTE shall control janitorial access to collocation cages, and
restrict such access to approved and certified employees, agents or
contractors.
1.13.5 GTE shall establish procedures for access to collocation cages by
GTE and non-GTE emergency personnel, and shall not allow access by
security guards unless such access comports with this section and is
otherwise allowed under applicable GTE state and federal EIS
tariffs.
1.13.6 GTE shall retain a master key to DTI's collocation space for use
only in event of emergency as detailed in applicable GTE state and
federal tariffs. At DTI's option, the Parties shall review key
control procedures no more frequently than once in any twelve month
period. At any time, DTI may elect to change keys if it suspects
key control has been lost, provided, however, that GTE will be
provided with a master key in accord with this section.
1.13.7 Not more frequently than once a year, DTI may audit the security
and access procedures and equipment applicable to its collocated
space and the central office housing the collocation space. Access
by personnel necessary to conduct such an audit shall be limited as
set forth in applicable GTE state and federal EIS tariffs. Should
DTI identify deficiencies in security and access procedures and
equipment as a result of such audit, the cost, terms and conditions
of the correction of such deficiencies shall be negotiated in good
faith between the parties.
2. Virtual Collocation. Subject to Section 1 of this Article IX, GTE will
provide virtual collocation for purposes of interconnection or access to
unbundled network elements pursuant to the terms and conditions in the
applicable GTE federal and state EIS tariffs. In addition, GTE agrees
that the terms and conditions set forth in this Section 2 of this Article
IX, shall apply to virtual collocation provided to DTI.
2.1 Existing Virtual Collocation. If, on the effective date of this
Agreement, DTI is virtually collocated in a GTE premise, DTI may (I) elect
to retain its virtual collocation arrangement in that premise or (ii)
unless it is not practical for technical reasons or because of space
limitations, convert its virtual collocation arrangement at that premise
to physical collocation. If DTI elects the latter option, DTI's request
shall be treated as a new physical collocation request and DTI shall pay
GTE at the applicable tariff rates for construction and rearrangement of
DTI's equipment as well as all applicable tariffed physical collocation
recurring charges.
2.2 Conversion from Physical to Virtual. Unless it is not practical for
technical reasons or because of space limitations, DTI may convert a
physical collocation arrangement to a virtual collocation arrangement.
DTI's request to do so shall be treated as a new virtual collocation
request and DTI shall pay GTE at the applicable tariff rates for
construction and rearrangement of DTI's equipment as well as all
applicable tariffed virtual collocation recurring charges. If DTI elects
to change to a virtual collocation arrangement pursuant to this section,
GTE will not refund previous payments for physical collocation received
from DTI.
2.3 Vendors. Choice of vendors for equipment used for virtual collocation
shall be under the terms and conditions set forth in the applicable GTE
federal and state EIS tariff. Upon request by DTI,
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GTE shall provide a list of locally qualified vendors approved for the
type of equipment to be collocated.
2.4 Inspection. Upon provision of virtual collocation by GTE, the Parties
shall agree on a mutually acceptable schedule whereby DTI may inspect the
equipment in its virtual collocation space.
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ARTICLE X
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY
To the extent required by the Act, GTE and DTI shall each afford to the other
access to the poles, ducts, conduits and rights of way it owns or controls on
terms, conditions and prices comparable to those offered to any other entity
pursuant to each Parties tariffs and/or standard agreements. Accordingly, GTE
and DTI shall execute pole attachment and conduit occupancy agreements in the
form set forth in Appendices I and J.
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IN WITNESS WHEREOF, each Party has executed this Agreement to be effective as
of the date first above written.
GTE ARKANSAS INCORPORATED DIGITAL TELEPORT, INC.
GTE MIDWEST INCORPORATED
By /s/ Xxxxxx Xxxxxxxx By /s/ X. X. Xxxxxx
Name Xxxxxx X. Xxxxxxxx Name X. X. Xxxxxx
Assistant Vice President
Title Wholesale Markets - Interconnection Title Vice President IC Support
Date November 7, 1997 Date 10/22/97
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APPENDIX A
GTE PERFORMANCE MEASURES (PM)
Pursuant to Article III of this Agreement, the following terms and conditions
shall apply regarding the performance measures set forth in this Appendix A.
The Parties recognize that these performance measures are new and evolving, and
as further evolution is made by GTE, the parties will discuss the changed
procedures, including new standard processes and procedures, if any, for the
purpose of applying them to and incorporating them in this Agreement.
GTE'S PERFORMANCE MEASURES (PMS) as set forth in this Appendix implement
standards to measure the quality of services supplied by GTE with respect to
pre-ordering, order/provisioning, maintenance and billing that is equivalent in
equality to what GTE provides to itself. GTE's PMs contain measures for both
GTE and DTI with the measures for DTI being considered an essential element for
GTE meeting customer expectations.
GTE's PMs are conditioned upon a 150 order per month minimum requirement as
described below for Service Units, as a threshold for providing Financial
Incentives for certain PMs. The 150 order per month requirement for Service
Units was developed to provide a statistically valid sample size to measure
GTE's performance for DTI in relationship to the level of performance GTE
provides to its own customers. Service Units are defined to include unbundled
loops, unbundled ports, resold local service lines, INP ported numbers, and
interconnection trunks.
GTE will begin recording of performance data in the first full month in which
it receives the first official order from DTI. GTE's report of performance
measures to DTI, however, will begin after 6 months of data recording; i.e.,
for data recorded in the seventh full month. Each month's report will then be
reported as a rolling 3-month result (i.e., July's report will actually include
May, June, July data). The calculation of DTI performance will be based on
this 3 month rolling average of actual performance unless otherwise specified.
Reporting will be available monthly, or at a longer interval, as requested by
DTI. The details of report delivery shall be agreed upon between DTI and the
appropriate GTE Account Management group.
FORECASTING PERFORMANCE MEASUREMENT - GTE's PMs are conditioned upon the
requirement, as described more fully below, that DTI submit timely and accurate
forecasts. The Forecasting PM includes provisions that measure the accuracy of
DTI's forecast by comparing forecasted Service Units to ordered Service Units
for the same period.
DTI shall furnish a quarterly forecast of service order volumes and quantities
of resold local services, unbundled network elements, and interconnection
trunks on a State-wide basis, identifying these volumes/quantities by month,
for each month included in the quarter. These forecasts shall be received by
GTE at least one month before the beginning of the quarter covered by the
forecast. Should the first month of the next quarterly forecast be greater
than ten (10%) percent of the last month of the current quarterly forecast, DTI
shall notify GTE promptly of the increased order volume. Notification shall be
made to the appropriate GTE Account Management group in order to allow
sufficient "lead time" to ensure staffing levels are available to support the
increased order volumes.
DTI must agree to comply with the requirements of the Forecasting PM as the
basis for the application of Financial Incentives described below. If DTI
chooses not to comply with the Forecasting PM, Financial Incentives will not
apply. For purposes of applying Financial Incentives the accuracy of forecasts
will be determined at the state level.
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The measurement and reporting of GTE's PMs will still be made available as
stated above regardless of DTI's election for the Forecasting PM.
FINANCIAL INCENTIVES - When DTI agrees to the Forecasting PM described above,
Financial Incentives will begin concurrently with reporting of individual DTI
performance data except as specified below for the
Pre-Ordering/Ordering/Provisioning and Interconnection PMs.
Financial Incentives will apply to Maintenance/Repair PMs without restriction
other than DTI's participation in the Forecasting PM.
Financial Incentives will apply to Pre-Ordering/Ordering/Provisioning and
Interconnection PMs subject to DTI's participation in the Forecasting PM and
the required per month ordering threshold. DTI must place a 150 orders per
month minimum for Service Units, by state, for three (3) consecutive months
(hereafter the "150-order requirement"). Once DTI's order volume reaches the
"150-order requirement", a ninety (90) day grace period will begin wherein data
will be accumulated and reviewed. At the end of that ninety (90) day grace
period, applicable Financial Incentives shall apply. The three (3) consecutive
months and the subsequent ninety (90) day grace period may be concurrent with
all or part of the beginning six (6) month period after recording of official
data begins, between initial order activity and the implementation of
performance reporting (i.e., month 7 data).
For purposes of applying Financial Incentives to the Forecasting PM, if DTI's
actual order activity for Service Units in a given month is below the forecast
for that month by more than 10%, Financial Incentives will apply only to the
incremental Service Units that were forecasted but not ordered; i.e., the
difference between the actual quantity ordered and the quantity which reflects
the forecast less 10%.
For purposes of applying Financial Incentives to the
Pre-ordering/Ordering/Provisioning and Interconnection PM, if DTI's actual
order activity for Service Units in a given month exceeds the forecast for that
month by more than 10%, Financial Incentives will not apply.
Average Non-Recurring Charges - The averages are calculated by dividing the sum
of all non-recurring charges applied to service orders issued by DTI to GTE by
the total number of orders or the total number of Service Units ordered. These
calculations will be made by service activity and service category: Business
(Single/Multi-line, Centranet, PBX, Trunks), Residence, etc.. The average
Non-Recurring Charges will be separately calculated for field work and
non-field work orders. These averages and a weighting factor for field and
non-field work will be calculated during a study period to be mutually agreed
between the Parties. The initial average Non-Recurring Charge calculation will
occur within three (3) months of DTI's initial issuance of official orders.
The average Non-Recurring Charge shall be recalculated annually as mutually
agreed between the Parties.
Average Recurring Charges - The averages are calculated by dividing the sum of
all recurring charges applied to service orders issued by DTI to GTE by the
total number of orders or Service Units ordered. These averages will be
calculated during a study period to be mutually agreed between the Parties.
These calculations will be made by service activity and service category,
Business, Residence, etc. The initial average Recurring Charge calculation
will occur within three (3) months of DTI's initial issuance of official
orders. The average Recurring Charges shall be recalculated annually as
mutually agreed between the Parties.
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GTE PERFORMANCE MEASURES WITH FINANCIAL INCENTIVES
PRE-ORDERING/ORDERING/PROVISIONING
Performance Quality Financial
Issue No. Obligation Data Level Measure(PM) Standard Incentive
1 GTE National Prompt transmission 85% of CSR's sent 5% of average NRC
of Customer Service to DTI by the close incurred by DTI for
Record (CSR) of business on the number of CSR's
Information business day for which the
following receipt Quality Standard is
of request not met in the
reported month
2 GTE National Prompt transmission 85% of LSC's sent 20% of average NRC
of Local Service to DTI by the close incurred by DTI for
Confirmation (LSC) of business on the lines ordered
business day for which GTE
following receipt failed to meet the
of request Quality Standard in
the reported month
3 GTE State Due Date Percent of DTI Waiver of the
commitments met customer install, average NRC
transfer, and installation
change service charges for the
orders for which number of lines by
service is which GTE fails to
installed by close meet the Quality
of business on the Standard in the
committed due date reported month
is not more than
2.5% below the
percent of GTE
customer install,
transfer, and
change service
orders
A-3
80
Performance Quality Financial
Issue No. Obligation Data Level Measure(PM) Standard Incentive
4 GTE State % reporting trouble Percent of DTI One month's average
within 30 days of customer install, MRC per trouble
the date installed transfer, and report exceeding
change service the Quality
orders which are Standard in the
followed by a reported month (not
customer trouble to exceed one
report within 30 month's credit per
days of service customer line
order completion month)
date is not more
than 2.5% worse
than the percent
GTE customer
install, transfer,
and change service
orders which are
followed by a
customer trouble
report within 30
days of service
order completion
5 GTE State Service Order 80% of LSR's Payment by DTI to
discrepancy: LSR's initiated by DTI's GTE equal to 20% of
issued without do not contain an the average NRC
material errors order discrepancy installation
or error: 90% in charges for the
12 months. Final number of lines
target - 95% which DTI fails to
meet the Quality
Standard in the
reported month
A-4
81
INTERCONNECTION
Performance Quality Financial
Issue No. Obligation Data Level Measure(PM) Standard Incentive
1 GTE State Trunk orders Percent of trunk Waiver of 100% of
completed on or orders by DTI average NRC for
before the completed by GTE on trunks ordered for
Committed Due Date or before the which GTE failed to
commitment date is meet the Quality
not more than 10% Standard in the
below the percent reported month
of FG B/D Switched
access orders by
all ordering
companies completed
by GTE on or before
the commitment date
2 GTE National Firm Order Percent of trunk Waiver of 20%
Confirmation (FOC) orders by DTI average of average
on time delivery completed by GTE on NRC installation
or before the for trunks for
commitment date is which GTE failed to
not more than 5% meet the Quality
below the percent Standard in the
of FG B/D Switched reported month
access by all
ordering companies
for which GTE sends
FOC (within 5 days,
or longer, as
requested by DTI)
A-5
82
Performance Quality Financial
Issue No. Obligation Data Level Measure(PM) Standard Incentive
3 DTI National Service Order 80% of ASR's Charge equal to 20%
discrepancy: ASR's initiated by DTI do of average NRC
issued without not contain installation of
material errors material error or trunks ordered for
result in which DTI failed to
discrepancy; 90% in meet the Quality
12 months. Final Standard in the
target 95% reported month
A-6
83
MAINTENANCE/REPAIR
Performance Quality Financial
Issue No. Obligation Data Level Measure(PM) Standard Incentive
1 GTE State Percent Commitments Percent of DTI One month's flat
Met customer Network rate average MRC
trouble reports per line out of
where commitment service for which
was meet more than Quality Standard is
2.5% worse than the not met in the
percent of GTE's reported month
customer Network
trouble reports
where commitment
was met (excluding
reports which are
cleared CPE, DTI
customer error)
A-7
84
Performance Quality Financial
Issue No. Obligation Data Level Measure(PM) Standard Incentive
2 GTE State Average clearing Average repair time One month's flat
time - Out of (total number of rate average MRC
Service (OOS) - elapsed hours/ per line OOS for
Designed minutes for OOS DTI which Quality
customer Network Standard is not met
trouble reports in the reported
divided by total month
number OOS customer
Network trouble
reports) for DTI
customers is more
than 10% of the
average repair time
for GTE customers
(includes only
"Designed"
services)
A-8
85
Performance Quality Financial
Issue No. Obligation Data Level Measure(PM) Standard Incentive
3 GTE State Average clearing Average repair time One month's flat
time - Out of (total number of rate average MRC
Service (OOS) - elapsed per line OOS for
Non-Designed hours/minutes for which Quality
OOS DTI customer Standard is not met
Network trouble in the reported
reports divided by month
total number OOS
customer Network
trouble reports)
for DTI customers
is more than 10% of
the average repair
time for GTE
customers (includes
only POTS and
circuits which do
not require a
design)
4 GTE State Percent reports per Percent of DTI Within six (6)
100 (Failure customers making months of effective
Frequency) trouble reports date, GTE will have
(total number of established a
DTI customer minimum access line
Network trouble threshold.
reports divided by One month's flat
the total access rate average MRC
lines multiplied by per line OOS for
100) is not worse which Quality
than .5 percent Standard is not met
points of the in the reported
percentage of GTE month.
customers making
trouble reports
A-9
86
Performance Quality Financial
Issue No. Obligation Data Level Measure(PM) Standard Incentive
5 GTE State Percent repeat Percent of DTI One month's flat
reports in 30 days customer repeat rate average MRC
trouble reports per line OOS for
(total number of which Quality
DTI customer Standard is not met
Network trouble in the reported
reports which had a month
previous Network
trouble report
within the last 30
days divided by the
total of customer
Network trouble
reports multiplied
by 100) is not more
than 2.5% worse
than the percent of
GTE customer repeat
trouble reports
**Note: Outage Credits: Local Service and Unbundled Network Elements: Outage
Credits apply to interruptions of Local Services and Unbundled Network Elements
in accordance with applicable state Public Service Commission requirements. If
a Local Service or Unbundled Network Element is interrupted, DTI will be
entitled to outage credits. An interruption period begins when DTI reports to
GTE that a Local Service or Unbundled Network Element is interrupted (or GTE
has knowledge that an interruption has occurred through service monitoring or
other means). An interruption period ends when the Local Service is repaired
and returned to DTI. A Local Service or Unbundled Network Element is
considered to be interrupted when there has been a loss of continuity, the
Local Service or Unbundled Network Element does not operate in accordance with
the applicable service standards, or it is otherwise unavailable for use by
DTI. This definition is not intended to conflict with State Public Utility
Commission requirements.
A-10
87
FORECASTING
PERFORMANCE QUALITY FINANCIAL
ISSUE NO. OBLIGATION DATALEVEL MEASUREMENT(PM) STANDARD INCENTIVE
--------- ---------- --------- ------------------- ------------------- -------------------
1 DTI State Service Units Volume of DTI's 20% of the average
requirements Service Units NRC for the number
accurately forecast requirements in a of service units
all volumes for month is not below the forecast
each month greater than 10% when the actual
contained in the below the amount volumes are greater
quarterly report. forecast by DTI in than 10% and less
it's most recent than or equal to
quarterly forecast 30% under forecast.
(which shall have 40% of the average
been made not later NRC for the number
than 30 days prior of service units
to the quarter in below the forecast
question) when the actual
volumes are greater
than 30% and less
than or equal to
40% under the
forecast. 50% of
the average NRC for
the number of
service units below
the forecast when
the actual volumes
are over 40% under
the forecast
X-00
00
XXXXXXXX X
SERVICE MATRIX
Date
--------------------
Service Location
(identified by tandem serving IP Services
area) (identified by CLLI code) (identified by )
----------------------------- ------------------------- -----------------------
TO BE DETERMINED TO BE DETERMINED TO BE DETERMINED
B-1
89
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
GENERAL AND LOCAL EXCHANGE SERVICE -
PSC MO. NO. 1 LOCAL EXCHANGE SERVICE
Business Service
GRP A-1
MO GTE 4-SHT.17 8 1-Party MRC Yes Yes $13.00 $1.99 $11.01
MO GTE 4-SHT.17 8 4-Party MRC Yes Yes $13.00 $1.99 $11.01
MO GTE 4-SHT.17 8 PBX Trunk MRC Yes Yes $16.25 $2.49 $13.76
MO GTE 4-SHT.17 8 Key Line MRC Yes Yes $16.25 $2.49 $13.76
MO GTE 4-SHT.17 0 Semi-Public MRC No No $16.25 N/A N/A
MO GTE 4-SHT.17 0 COPT MRC Yes No $26.95 N/A $26.95
GRP A-2
MO GTE 4-SHT.17 8 1-Party MRC Yes Yes $14.00 $2.15 $11.85
MO GTE 4-SHT.17 8 4-Party MRC Yes Yes $14.00 $2.15 $11.85
MO GTE 4-SHT.17 8 PBX Trunk MRC Yes Yes $17.50 $2.68 $14.82
MO GTE 4-SHT.17 8 Key Line MRC Yes Yes $17.50 $2.68 $14.82
MO GTE 4-SHT.17 0 Semi-Public MRC No No $17.50 N/A N/A
MO GTE 4-SHT.17 0 COPT MRC Yes No $26.95 N/A $26.95
GRP A-3
MO GTE 4-SHT.17 8 1-Party MRC Yes Yes $15.00 $2.30 $12.70
MO GTE 4-SHT.17 8 4-Party MRC Yes Yes $15.00 $2.30 $12.70
MO GTE 4-SHT.17 8 PBX Trunk MRC Yes Yes $18.75 $2.87 $15.88
MO GTE 4-SHT.17 8 Key Line MRC Yes Yes $18.75 $2.87 $15.88
MO GTE 4-SHT.17 0 Semi-Public MRC No No $18.75 N/A N/A
MO GTE 4-SHT.17 0 COPT MRC Yes No $26.95 N/A $26.95
GRP A-4
MO GTE 4-SHT.17 8 1-Party MRC Yes Yes $16.00 $2.45 $13.55
MO GTE 4-SHT.17 8 4-Party MRC Yes Yes $16.00 $2.45 $13.55
MO GTE 4-SHT.17 8 PBX Trunk MRC Yes Yes $20.00 $3.07 $16.93
MO GTE 4-SHT.17 8 Key Line MRC Yes Yes $20.00 $3.07 $16.93
MO GTE 4-SHT.17 0 Semi-Public MRC No No $20.00 N/A N/A
MO GTE 4-SHT.17 0 COPT MRC Yes No $26.95 N/A $26.95
GRP A-5
MO GTE 4-SHT.17 8 1-Party MRC Yes Yes $17.00 $2.61 $14.39
MO GTE 4-SHT.17 8 4-Party MRC Yes Yes $17.00 $2.61 $14.39
MO GTE 4-SHT.17 8 PBX Trunk MRC Yes Yes $21.25 $3.26 $17.99
MO GTE 4-SHT.17 8 Key Line MRC Yes Yes $21.25 $3.26 $17.99
MO GTE 4-SHT.17 0 Semi-Public MRC No No $21.25 N/A N/A
MO GTE 4-SHT.17 0 COPT MRC Yes No $26.95 N/A $26.95
GRP Metro
MO GTE 4-SHT.18 8 1-Party MRC Yes Yes $20.22 $3.10 $17.12
MO GTE 4-SHT.18 8 PBX Trunk MRC Yes Yes $31.67 $4.86 $26.81
Page 1
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 4-SHT.18 8 Key Line MRC Yes Yes $31.67 $4.86 $26.81
MO GTE 4-SHT.18 0 Semi-Public MRC No No $31.67 N/A N/A
MO GTE 4-SHT.18 0 COPT MRC Yes No $26.95 N/A $26.95
Residence Service
GRP A-1
MO GTE 4-SHT.17 0 1-Party MRC No No $6.50 N/A N/A
MO GTE 4-SHT.17 0 2-Party MRC No No $5.20 N/A N/A
MO GTE 4-SHT.17 0 4-Party MRC No No $4.23 N/A N/A
MO GTE 4-SHT.17 0 Key Line MRC No No $6.50 X/X X/X
XXX X-0 X/X
XX GTE 4-SHT.17 0 1-Party MRC No No $7.00 N/A N/A
MO GTE 4-SHT.17 0 2-Party MRC No No $5.60 N/A N/A
MO GTE 4-SHT.17 0 4-Party MRC No No $4.55 N/A N/A
MO GTE 4-SHT.17 0 Key Line MRC No No $7.00 X/X X/X
XXX X-0 X/X
XX GTE 4-SHT.17 0 1-Party MRC No No $7.50 N/A N/A
MO GTE 4-SHT.17 0 2-Party MRC No No $6.00 N/A N/A
MO GTE 4-SHT.17 0 4-Party MRC No No $4.88 N/A N/A
MO GTE 4-SHT.17 0 Key Line MRC No No $7.50 X/X X/X
XXX X-0 X/X
XX GTE 4-SHT.17 0 1-Party MRC No No $8.00 N/A N/A
MO GTE 4-SHT.17 0 2-Party MRC No No $6.40 N/A N/A
MO GTE 4-SHT.17 0 4-Party MRC No No $5.20 N/A N/A
MO GTE 4-SHT.17 0 Key Line MRC No No $8.00 X/X X/X
XXX X-0 X/X
XX GTE 4-SHT.17 0 1-Party MRC No No $8.50 N/A N/A
MO GTE 4-SHT.17 0 2-Party MRC No No $6.80 N/A N/A
MO GTE 4-SHT.17 0 4-Party MRC No No $5.53 N/A N/A
MO GTE 4-SHT.17 0 Key Line MRC No No $8.50 N/A N/A
GRP Metro N/A
MO GTE 4-SHT.18 0 1-Party MRC No No $10.40 N/A N/A
EXTENDED AREA SERVICE
MO GTE 4-SHT.6 0 Business Rate - High MRC Yes Yes $10.55 $0.00 $10.55
MO GTE 4-SHT.6 0 Business Rate - Low MRC Yes Yes $0.10 $0.00 $0.10
MO GTE 4-SHT.6 0 Residence Rate - High MRC No No $5.70 N/A N/A
MO GTE 4-SHT.6 0 Residence Rate - Low MRC No No $0.10 N/A N/A
METROPOLITAN CALLING AREA (MCA) PLAN
Springfield MCA-2
MO GTE 4-SHT.31 8 Bus MRC Yes Yes $21.75 $3.33 $18.42
MO GTE 4-SHT.31 0 Res MRC No No $11.45 N/A N/A
Page 2
91
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
St. Louis/Kansas City MCA - 4
MO GTE 4-SHT.31 8 Bus MRC Yes Yes $46.75 $7.17 $39.58
MO GTE 4-SHT.31 0 Res MRC No No $21.55 N/A N/A
St. Louis/Kansas City MCA - 5
MO GTE 4-SHT.31 8 Bus MRC Yes Yes $70.70 $10.84 $59.86
MO GTE 4-SHT.31 0 Res MRC No No $32.50 N/A N/A
SERVICE CHARGES
Service Ordering Charge
Initial Ordering Charge
MO GTE 5-SHT.4 0 Bus NRC No No $25.00 N/A N/A
MO GTE 5-SHT.4 0 Res NRC No No $13.00 N/A N/A
Subsequent Ordering Charge N/A
MO GTE 5-SHT.4 0 Bus NRC No No $9.00 N/A N/A
MO GTE 5-SHT.4 0 Res NRC No No $4.00 N/A N/A
Line Connection Charge N/A
MO GTE 5-SHT.4 0 Bus NRC Yes No $14.00 N/A $14.00
MO GTE 5-SHT.4 0 Res NRC Yes No $7.60 N/A $7.60
MO GTE 5-SHT.4 0 Semi-Public Telephone
installation Charge NRC No No $100.00 N/A N/A
Restoral Charge N/A
MO GTE 5-SHT.4 0 Bus NRC No No $23.00 N/A N/A
MO GTE 5-SHT.4 0 Res NRC No No $11.60 N/A N/A
Maintenance of Service Charge N/A
MO GTE 5-SHT.4 0 Bus NRC No No $25.00 N/A N/A
MO GTE 5-SHT.4 0 Res NRC No No $25.00 N/A N/A
CUSTOM CALLING SERVICES
Remote Call Forwarding Service
MO GTE 6-SHT.2 8 Bus MRC Yes Yes $16.00 $2.45 $13.55
MO GTE 6-SHT.2 8 Res MRC Yes Yes $16.00 $2.45 $13.55
SmartCall Services
Anonymous Call Rejection
MO GTE 6-SHT.13 8 Bus MRC Yes Yes $1.00 N/A $1.00
MO GTE 6-SHT.13 8 Res MRC Yes Yes $1.00 $0.15 $0.85
Automatic Busy Redial
MO GTE 6-SHT.13 8 Bus MRC Yes Yes $6.00 $0.92 $5.08
MO GTE 6-SHT.13 8 Res MRC Yes Yes $5.00 $0.77 $4.23
Automatic Call Return
MO GTE 6-SHT.13 8 Bus MRC Yes Yes $6.00 $0.92 $5.08
MO GTE 6-SHT.13 8 Res MRC Yes Yes $5.00 $0.77 $4.23
Page 3
92
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
Call Block
MO GTE 6-SHT.13 8 Bus MRC Yes Yes $4.00 $0.61 $3.39
MO GTE 6-SHT.13 8 Res MRC Yes Yes $3.00 $0.46 $2.54
Call Forwarding
MO GTE 6-SHT.13 8 Bus MRC Yes Yes $2.75 $0.42 $2.33
MO GTE 6-SHT.13 8 Res MRC Yes Yes $2.30 $0.35 $1.95
Call Forwarding Busy Line - Fixed
MO GTE 6-SHT.13 8 Bus MRC Yes Yes $1.25 $0.19 $1.06
MO GTE 6-SHT.13 8 Res MRC Yes Yes $1.25 $0.19 $1.06
Call Forwarding No Answer - Fixed
MO GTE 6-SHT.13 8 Bus MRC Yes Yes $1.25 $0.19 $1.06
MO GTE 6-SHT.13 8 Res MRC Yes Yes $1.25 $0.19 $1.06
Call Forwarding Busy Line/No Answer -
Fixed
MO GTE 6-SHT.14 8 Bus MRC Yes Yes $1.50 $0.23 $1.27
MO GTE 6-SHT.14 8 Res MRC Yes Yes $1.50 $0.23 $1.27
Call Forwarding Busy Line/No Answer -
Variable
MO GTE 6-SHT.14 8 Bus MRC Yes Yes $3.00 $0.46 $2.54
MO GTE 6-SHT.14 8 Res MRC Yes Yes $3.00 $0.46 $2.54
Call Tracing Service
MO GTE 6-SHT.14 8 Bus MRC Yes Yes $3.50 $0.54 $2.96
MO GTE 6-SHT.14 8 Res MRC Yes Yes $2.50 $0.38 $2.12
Call Waiting
MO GTE 6-SHT.14 8 Bus MRC Yes Yes $3.75 $0.57 $3.18
MO GTE 6-SHT.14 8 Res MRC Yes Yes $3.30 $0.51 $2.79
Caller ID - Number
MO GTE 6-SHT.14 8 Bus MRC Yes Yes $10.00 $1.53 $8.47
MO GTE 6-SHT.14 8 Res MRC Yes Yes $7.00 $1.07 $5.93
Caller ID - Name and Number
MO GTE 6-SHT.14 8 Bus MRC Yes Yes $11.50 $1.76 $9.74
MO GTE 6-SHT.14 8 Res MRC Yes Yes $7.95 $1.22 $6.73
Smart Ring
MO GTE 6-SHT.15 8 Bus MRC Yes Yes $6.00 $0.92 $5.08
MO GTE 6-SHT.15 8 Res MRC Yes Yes $6.00 $0.92 $5.08
Smart Ring with any PAK
MO GTE 6-SHT.15 8 Bus MRC Yes Yes $3.00 $0.46 $2.54
Special Call Acceptance
MO GTE 6-SHT.15 8 Bus MRC Yes Yes $3.00 $0.46 $2.54
MO GTE 6-SHT.15 8 Res MRC Yes Yes $2.00 $0.31 $1.69
Special Call Forwarding
MO GTE 6-SHT.15 8 Bus MRC Yes Yes $3.00 $0.46 $2.54
MO GTE 6-SHT.15 8 Res MRC Yes Yes $2.00 $0.31 $1.69
Speed Calling
8 Numbers
Page 4
93
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 6-SHT.16 8 Bus MRC Yes Yes $3.50 $0.54 $2.96
MO GTE 6-SHT.16 8 Res MRC Yes Yes $2.50 $0.38 $2.12
30 Numbers
MO GTE 6-SHT.16 8 Bus MRC Yes Yes $4.50 $0.69 $3.81
MO GTE 6-SHT.16 8 Res MRC Yes Yes $3.50 $0.54 $2.96
Three-Way Calling
MO GTE 6-SHT.16 8 Bus MRC Yes Yes $3.75 $0.57 $3.18
MO GTE 6-SHT.16 8 Res MRC Yes Yes $3.30 $0.51 $2.79
VIP Alert
MO GTE 6-SHT.16 8 Bus MRC Yes Yes $4.00 $0.61 $3.39
MO GTE 6-SHT.16 8 Res MRC Yes Yes $3.00 $0.46 $2.54
Smarter Call PAK
MO GTE 6-SHT.17 8 Bus MRC Yes Yes $5.50 $0.84 $4.66
SmartCall Pak 4400
MO GTE 6-SHT.17 8 Res Only MRC Yes Yes $8.75 $1.34 $7.41
SmartCall PAK 4900
MO GTE 6-SHT.17 8 Res Only MRC Yes Yes $13.25 $2.03 $11.22
CONTROLINK DIGITAL CHANNEL SERVICE
MO GTE 7-SHT.14 0 Service Establishment Charge NRC Yes No $300.00 N/A $300.00
MO GTE 7-SHT.14 0 Service Change Charge NRC Yes No $100.00 N/A $100.00
Digital Channel Capacity -
36 Month Contract
MO GTE 7-SHT.15 8 24 Channels MRC Yes Yes $340.00 $52.12 $287.88
MO GTE 7-SHT.15 0 NRC NRC Yes No $250.00 N/A $250.00
MO GTE 7-SHT.15 8 48 Channels MRC Yes Yes $520.00 $79.72 $440.28
MO GTE 7-SHT.15 0 NRC NRC Yes No $500.00 N/A $500.00
MO GTE 7-SHT.15 8 72 Channels MRC Yes Yes $700.00 $107.31 $592.69
MO GTE 7-SHT.15 0 NRC NRC Yes No $750.00 N/A $750.00
MO GTE 7-SHT.15 8 96 Channels MRC Yes Yes $880.00 $134.90 $745.10
MO GTE 7-SHT.15 0 NRC NRC Yes No $1,000.00 N/A $1,000.00
MO GTE 7-SHT.15 8 120 Channels MRC Yes Yes $1,060.00 $162.50 $897.50
MO GTE 7-SHT.15 0 NRC NRC Yes No $1,250.00 N/A $1,250.00
MO GTE 7-SHT.15 8 144 Channels MRC Yes Yes $1,240.00 $190.09 $1,049.91
MO GTE 7-SHT.15 0 NRC NRC Yes No $1,500.00 N/A $1,500.00
MO GTE 7-SHT.15 8 192 Channels MRC Yes Yes $1,600.00 $245.28 $1,354.72
MO GTE 7-SHT.15 0 NRC NRC Yes No $2,000.00 N/A $2,000.00
MO GTE 7-SHT.15 8 240 Channels MRC Yes Yes $1,960.00 $300.47 $1,659.53
MO GTE 7-SHT.15 0 NRC NRC Yes No $2,500.00 N/A $2,500.00
MO GTE 7-SHT.15 8 288 Channels MRC Yes Yes $2,320.00 $355.66 $1,964.34
MO GTE 7-SHT.15 0 NRC NRC Yes No $3,000.00 N/A $3,000.00
MO GTE 7-SHT.15 8 384 Channels MRC Yes Yes $3,040.00 $466.03 $2,573.97
MO GTE 7-SHT.15 0 NRC NRC Yes No $4,000.00 N/A $4,000.00
Page 5
94
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 7-SHT.15 8 480 Channels MRC Yes Yes $3,760.00 $576.41 $3,183.59
MO GTE 7-SHT.15 0 NRC NRC Yes No $5,000.00 N/A $5,000.00
MO GTE 7-SHT.15 8 576 Channels MRC Yes Yes $4,480.00 $686.78 $3,793.22
MO GTE 7-SHT.15 0 NRC NRC Yes No $6,000.00 N/A $6,000.00
MO GTE 7-SHT.15 8 672 Channels MRC Yes Yes $5,200.00 $797.16 $4,402.84
MO GTE 7-SHT.15 0 NRC NRC Yes No $7,000.00 N/A $7,000.00
MO GTE 7-SHT.15 8 1344 Channels MRC Yes Yes $10,240.00 $1,569.79 $8,670.21
MO GTE 7-SHT.15 0 NRC NRC Yes No $14,000.00 N/A $14,000.00
MO GTE 7-SHT.15 8 2016 Channels MRC Yes Yes $15,280.00 $2,342.42 $12,937.58
MO GTE 7-SHT.15 0 NRC NRC Yes No $21,000.00 N/A $21,000.00
Digital Channel Capacity -
60 Month Contract
MO GTE 7-SHT.16 8 24 Channels MRC Yes Yes $320.00 $49.06 $270.94
MO GTE 7-SHT.16 0 NRC NRC Yes No $250.00 N/A $250.00
MO GTE 7-SHT.16 8 48 Channels MRC Yes Yes $490.00 $75.12 $414.88
MO GTE 7-SHT.16 0 NRC NRC Yes No $500.00 N/A $500.00
MO GTE 7-SHT.16 8 72 Channels MRC Yes Yes $660.00 $101.18 $558.82
MO GTE 7-SHT.16 0 NRC NRC Yes No $750.00 N/A $750.00
MO GTE 7-SHT.16 8 96 Channels MRC Yes Yes $830.00 $127.24 $702.76
MO GTE 7-SHT.16 0 NRC NRC Yes No $1,000.00 N/A $1,000.00
MO GTE 7-SHT.16 8 120 Channels MRC Yes Yes $1,000.00 $153.30 $846.70
MO GTE 7-SHT.16 0 NRC NRC Yes No $1,250.00 N/A $1,250.00
MO GTE 7-SHT.16 8 144 Channels MRC Yes Yes $1,170.00 $179.36 $990.64
MO GTE 7-SHT.16 0 NRC NRC Yes No $1,500.00 N/A $1,500.00
MO GTE 7-SHT.16 8 192 Channels MRC Yes Yes $1,510.00 $231.48 $1,278.52
MO GTE 7-SHT.16 0 NRC NRC Yes No $2,000.00 N/A $2,000.00
MO GTE 7-SHT.16 8 240 Channels MRC Yes Yes $1,850.00 $283.61 $1,566.40
MO GTE 7-SHT.16 0 NRC NRC Yes No $2,500.00 N/A $2,500.00
MO GTE 7-SHT.16 8 288 Channels MRC Yes Yes $2,190.00 $335.73 $1,854.27
MO GTE 7-SHT.16 0 NRC NRC Yes No $3,000.00 N/A $3,000.00
MO GTE 7-SHT.16 8 384 Channels MRC Yes Yes $2,870.00 $439.97 $2,430.03
MO GTE 7-SHT.16 0 NRC NRC Yes No $4,000.00 N/A $4,000.00
MO GTE 7-SHT.16 8 480 Channels MRC Yes Yes $3,550.00 $544.22 $3,005.79
MO GTE 7-SHT.16 0 NRC NRC Yes No $5,000.00 N/A $5,000.00
MO GTE 7-SHT.16 8 576 Channels MRC Yes Yes $4,230.00 $648.46 $3,581.54
MO GTE 7-SHT.16 0 NRC NRC Yes No $6,000.00 N/A $6,000.00
MO GTE 7-SHT.16 8 672 Channels MRC Yes Yes $4,910.00 $752.70 $4,157.30
MO GTE 7-SHT.16 0 NRC NRC Yes No $7,000.00 N/A $7,000.00
MO GTE 7-SHT.16 8 1344 Channels MRC Yes Yes $9,670.00 $1,482.41 $8,187.59
MO GTE 7-SHT.16 0 NRC NRC Yes No $14,000.00 N/A $14,000.00
MO GTE 7-SHT.16 8 2016 Channels MRC Yes Yes $14,430.00 $2,212.12 $12,217.88
MO GTE 7-SHT.16 0 NRC NRC Yes No $21,000.00 N/A $21,000.00
Digital Channel Capacity -
84 Month Contract
MO GTE 7-SHT.17 8 24 Channels MRC Yes Yes $300.00 $45.99 $254.01
Page 6
95
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 7-SHT.17 0 NRC NRC Yes No $250.00 N/A $250.00
MO GTE 7-SHT.17 8 48 Channels MRC Yes Yes $460.00 $70.52 $389.48
MO GTE 7-SHT.17 0 NRC NRC Yes No $500.00 N/A $500.00
MO GTE 7-SHT.17 8 72 Channels MRC Yes Yes $620.00 $95.05 $524.95
MO GTE 7-SHT.17 0 NRC NRC Yes No $750.00 N/A $750.00
MO GTE 7-SHT.17 8 96 Channels MRC Yes Yes $780.00 $119.57 $660.43
MO GTE 7-SHT.17 0 NRC NRC Yes No $1,000.00 N/A $1,000.00
MO GTE 7-SHT.17 8 120 Channels MRC Yes Yes $940.00 $144.10 $795.90
MO GTE 7-SHT.17 0 NRC NRC Yes No $1,250.00 N/A $1,250.00
MO GTE 7-SHT.17 8 144 Channels MRC Yes Yes $1,100.00 $168.63 $931.37
MO GTE 7-SHT.17 0 NRC NRC Yes No $1,500.00 N/A $1,500.00
MO GTE 7-SHT.17 8 192 Channels MRC Yes Yes $1,420.00 $217.69 $1,202.31
MO GTE 7-SHT.17 0 NRC NRC Yes No $2,000.00 N/A $2,000.00
MO GTE 7-SHT.17 8 240 Channels MRC Yes Yes $1,740.00 $266.74 $1,473.26
MO GTE 7-SHT.17 0 NRC NRC Yes No $2,500.00 N/A $2,500.00
MO GTE 7-SHT.17 8 288 Channels MRC Yes Yes $2,060.00 $315.80 $1,744.20
MO GTE 7-SHT.17 0 NRC NRC Yes No $3,000.00 N/A $3,000.00
MO GTE 7-SHT.17 8 384 Channels MRC Yes Yes $2,700.00 $413.91 $2,286.09
MO GTE 7-SHT.17 0 NRC NRC Yes No $4,000.00 N/A $4,000.00
MO GTE 7-SHT.17 8 480 Channels MRC Yes Yes $3,340.00 $512.02 $2,827.98
MO GTE 7-SHT.17 0 NRC NRC Yes No $5,000.00 N/A $5,000.00
MO GTE 7-SHT.17 8 576 Channels MRC Yes Yes $3,980.00 $610.13 $3,369.87
MO GTE 7-SHT.17 0 NRC NRC Yes No $6,000.00 N/A $6,000.00
MO GTE 7-SHT.17 8 672 Channels MRC Yes Yes $4,620.00 $708.25 $3,911.75
MO GTE 7-SHT.17 0 NRC NRC Yes No $7,000.00 N/A $7,000.00
MO GTE 7-SHT.17 8 1344 Channels MRC Yes Yes $9,100.00 $1,395.03 $7,704.97
MO GTE 7-SHT.17 0 NRC NRC Yes No $14,000.00 N/A $14,000.00
MO GTE 7-SHT.17 8 2016 Channels MRC Yes Yes $13,580.00 $2,081.81 $11,498.19
MO GTE 7-SHT.17 0 NRC NRC Yes No $21,000.00 N/A $21,000.00
Digital Channel Capacity - Month to Month
MO GTE 7-SHT.18 8 24 Channels MRC Yes Yes $300.00 $45.99 $254.01
MO GTE 7-SHT.18 8 48 Channels MRC Yes Yes $460.00 $70.52 $389.48
MO GTE 7-SHT.18 8 72 Channels MRC Yes Yes $620.00 $95.05 $524.95
MO GTE 7-SHT.18 8 96 Channels MRC Yes Yes $780.00 $119.57 $660.43
MO GTE 7-SHT.18 8 120 Channels MRC Yes Yes $940.00 $144.10 $795.90
MO GTE 7-SHT.18 8 144 Channels MRC Yes Yes $1,100.00 $168.63 $931.37
MO GTE 7-SHT.18 8 192 Channels MRC Yes Yes $1,420.00 $217.69 $1,202.31
MO GTE 7-SHT.18 8 240 Channels MRC Yes Yes $1,740.00 $266.74 $1,473.26
MO GTE 7-SHT.18 8 288 Channels MRC Yes Yes $2,060.00 $315.80 $1,744.20
MO GTE 7-SHT.18 8 384 Channels MRC Yes Yes $2,700.00 $413.91 $2,286.09
MO GTE 7-SHT.18 8 480 Channels MRC Yes Yes $3,340.00 $512.02 $2,827.98
MO GTE 7-SHT.18 8 576 Channels MRC Yes Yes $3,980.00 $610.13 $3,369.87
MO GTE 7-SHT.18 8 672 Channels MRC Yes Yes $4,620.00 $708.25 $3,911.75
Page 7
96
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 7-SHT.18 8 1344 Channels MRC Yes Yes $9,100.00 $1,395.03 $7,704.97
MO GTE 7-SHT.18 8 2016 Channels MRC Yes Yes $13,580.00 $2,081.81 $11,498.19
MO GTE 7-SHT.19 8 Digital Channel Activation -
per Channel Activated MRC Yes Yes $1.00 $0.15 $0.85
MO GTE 7-SHT.19 0 NRC NRC Yes No $6.00 N/A $6.00
Service Activation, per Channel
MO GTE 7-SHT.19 8 Local Exchane Line/Trunk MRC Yes Yes $16.00 $2.45 $13.55
MO GTE 7-SHT.19 0 NRC NRC Yes No $40.00 N/A $40.00
MO GTE 7-SHT.19 8 CentraNet Line MRC Yes Yes $20.00 $3.07 $16.93
MO GTE 7-SHT.19 0 NRC NRC Yes No $40.00 N/A $40.00
MO GTE 7-SHT.19 8 FX, OPX or Private Line MRC Yes Yes $25.00 $3.83 $21.17
MO GTE 7-SHT.19 0 NRC NRC Yes No $40.00 N/A $40.00
MO GTE 7-SHT.19 8 Digital Data Service 2.4 - 19.2 Kbps MRC Yes Yes $60.00 $9.20 $50.80
MO GTE 7-SHT.19 0 NRC NRC Yes No $40.00 N/A $40.00
MO GTE 7-SHT.19 8 Digital Data Service 56 Kbps MRC Yes Yes $65.00 $9.96 $55.04
MO GTE 7-SHT.19 0 NRC NRC Yes No $40.00 N/A $40.00
MO GTE 7-SHT.19 8 DS1 Service MRC Yes Yes $75.00 $11.50 $63.50
MO GTE 7-SHT.19 0 NRC NRC Yes No $500.00 N/A $500.00
Switched Data Service
MO GTE 7-SHT.19 8 Single Line MRC Yes Yes $10.00 $1.53 $8.47
MO GTE 7-SHT.19 0 NRC NRC Yes No $40.00 N/A $40.00
MO GTE 7-SHT.19 8 CentraNet MRC Yes Yes $10.00 $1.53 $8.47
MO GTE 7-SHT.19 0 NRC NRC Yes No $40.00 N/A $40.00
MO GTE 7-SHT.19 8 CentraNet with DID/DOD MRC Yes Yes $10.00 $1.53 $8.47
MO GTE 7-SHT.19 0 NRC NRC Yes No $40.00 N/A $40.00
Customer Premises Channelization -
36 Month Contract
MO GTE 7-SHT.20 8 24 Channels MRC Yes Yes $120.00 $18.40 $101.60
MO GTE 7-SHT.20 8 48 Channels MRC Yes Yes $240.00 $36.79 $203.21
MO GTE 7-SHT.20 8 72 Channels MRC Yes Yes $360.00 $55.19 $304.81
MO GTE 7-SHT.20 8 96 Channels MRC Yes Yes $480.00 $73.58 $406.42
MO GTE 7-SHT.20 8 120 Channels MRC Yes Yes $600.00 $91.98 $508.02
MO GTE 7-SHT.20 8 144 Channels MRC Yes Yes $720.00 $110.38 $609.62
MO GTE 7-SHT.20 8 192 Channels MRC Yes Yes $960.00 $147.17 $812.83
MO GTE 7-SHT.20 8 240 Channels MRC Yes Yes $1,200.00 $183.96 $1,016.04
MO GTE 7-SHT.20 8 288 Channels MRC Yes Yes $1,440.00 $220.75 $1,219.25
MO GTE 7-SHT.20 8 384 Channels MRC Yes Yes $1,920.00 $294.34 $1,625.66
MO GTE 7-SHT.20 8 480 Channels MRC Yes Yes $2,400.00 $367.92 $2,032.08
MO GTE 7-SHT.20 8 576 Channels MRC Yes Yes $2,880.00 $441.50 $2,438.50
MO GTE 7-SHT.20 8 672 Channels MRC Yes Yes $3,360.00 $515.09 $2,844.91
MO GTE 7-SHT.20 8 1344 Channels MRC Yes Yes $6,720.00 $1,030.18 $5,689.82
MO GTE 7-SHT.20 8 2016 Channels MRC Yes Yes $10,080.00 $1,545.26 $8,534.74
Customer Premises Channelization -
60 Month Contract
MO GTE 7-SHT.21 8 24 Channels MRC Yes Yes $110.00 $16.86 $93.14
MO GTE 7-SHT.21 8 48 Channels MRC Yes Yes $220.00 $33.73 $186.27
Page 8
97
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 7-SHT.21 8 72 Channels MRC Yes Yes $330.00 $50.59 $279.41
MO GTE 7-SHT.21 8 96 Channels MRC Yes Yes $440.00 $67.45 $372.55
MO GTE 7-SHT.21 8 120 Channels MRC Yes Yes $550.00 $84.32 $465.69
MO GTE 7-SHT.21 8 144 Channels MRC Yes Yes $660.00 $101.18 $558.82
MO GTE 7-SHT.21 8 192 Channels MRC Yes Yes $880.00 $134.90 $745.10
MO GTE 7-SHT.21 8 240 Channels MRC Yes Yes $1,100.00 $168.63 $931.37
MO GTE 7-SHT.21 8 288 Channels MRC Yes Yes $1,320.00 $202.36 $1,117.64
MO GTE 7-SHT.21 8 384 Channels MRC Yes Yes $1,760.00 $269.81 $1,490.19
MO GTE 7-SHT.21 8 480 Channels MRC Yes Yes $2,200.00 $337.26 $1,862.74
MO GTE 7-SHT.21 8 576 Channels MRC Yes Yes $2,640.00 $404.71 $2,235.29
MO GTE 7-SHT.21 8 672 Channels MRC Yes Yes $3,080.00 $472.16 $2,607.84
MO GTE 7-SHT.21 8 1344 Channels MRC Yes Yes $6,160.00 $944.33 $5,215.67
MO GTE 7-SHT.21 8 2016 Channels MRC Yes Yes $9,240.00 $1,416.49 $7,823.51
Customer Premises Channelization - 84 Month Contract
MO GTE 7-SHT.22 8 24 Channels MRC Yes Yes $100.00 $15.33 $84.67
MO GTE 7-SHT.22 8 48 Channels MRC Yes Yes $200.00 $30.66 $169.34
MO GTE 7-SHT.22 8 72 Channels MRC Yes Yes $300.00 $45.99 $254.01
MO GTE 7-SHT.22 8 96 Channels MRC Yes Yes $400.00 $61.32 $338.68
MO GTE 7-SHT.22 8 120 Channels MRC Yes Yes $500.00 $76.65 $423.35
MO GTE 7-SHT.22 8 144 Channels MRC Yes Yes $600.00 $91.98 $508.02
MO GTE 7-SHT.22 8 192 Channels MRC Yes Yes $800.00 $122.64 $677.36
MO GTE 7-SHT.22 8 240 Channels MRC Yes Yes $1,000.00 $153.30 $846.70
MO GTE 7-SHT.22 8 288 Channels MRC Yes Yes $1,200.00 $183.96 $1,016.04
MO GTE 7-SHT.22 8 384 Channels MRC Yes Yes $1,600.00 $245.28 $1,354.72
MO GTE 7-SHT.22 8 480 Channels MRC Yes Yes $2,000.00 $306.60 $1,693.40
MO GTE 7-SHT.22 8 576 Channels MRC Yes Yes $2,400.00 $367.92 $2,032.08
MO GTE 7-SHT.22 8 672 Channels MRC Yes Yes $2,800.00 $429.24 $2,370.76
MO GTE 7-SHT.22 8 1344 Channels MRC Yes Yes $5,600.00 $858.48 $4,741.52
MO GTE 7-SHT.22 8 2016 Channels MRC Yes Yes $8,400.00 $1,287.72 $7,112.28
Customer Premises Channelization - Month to Month
MO GTE 7-SHT.23 8 24 Channels MRC Yes Yes $100.00 $15.33 $84.67
MO GTE 7-SHT.23 8 48 Channels MRC Yes Yes $200.00 $30.66 $169.34
MO GTE 7-SHT.23 8 72 Channels MRC Yes Yes $300.00 $45.99 $254.01
MO GTE 7-SHT.23 8 96 Channels MRC Yes Yes $400.00 $61.32 $338.68
MO GTE 7-SHT.23 8 120 Channels MRC Yes Yes $500.00 $76.65 $423.35
MO GTE 7-SHT.23 8 144 Channels MRC Yes Yes $600.00 $91.98 $508.02
MO GTE 7-SHT.23 8 192 Channels MRC Yes Yes $800.00 $122.64 $677.36
MO GTE 7-SHT.23 8 240 Channels MRC Yes Yes $1,000.00 $153.30 $846.70
MO GTE 7-SHT.23 8 288 Channels MRC Yes Yes $1,200.00 $183.96 $1,016.04
MO GTE 7-SHT.23 8 384 Channels MRC Yes Yes $1,600.00 $245.28 $1,354.72
MO GTE 7-SHT.23 8 480 Channels MRC Yes Yes $2,000.00 $306.60 $1,693.40
MO GTE 7-SHT.23 8 576 Channels MRC Yes Yes $2,400.00 $367.92 $2,032.08
MO GTE 7-SHT.23 8 672 Channels MRC Yes Yes $2,800.00 $429.24 $2,370.76
Page 9
98
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 7-SHT.23 8 1344 Channels MRC Yes Yes $5,600.00 $858.48 $4,741.52
MO GTE 7-SHT.23 8 2016 Channels MRC Yes Yes $8,400.00 $1,287.72 $7,112.28
Customer Premises Channelization -
per Channel
MO GTE 7-SHT.24 8 Local Exchange Line/Trunk MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.24 0 NRC NRC Yes No $20.00 N/A $20.00
MO GTE 7-SHT.24 8 CentraNet Line MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.24 0 NRC NRC Yes No $20.00 N/A $20.00
MO GTE 7-SHT.24 8 FX, OPX or Private Line MRC Yes Yes $6.00 $0.92 $5.08
MO GTE 7-SHT.24 0 NRC NRC Yes No $20.00 N/A $20.00
MO GTE 7-SHT.24 8 Digital Data Service 2.4 - 19.2 Kbps MRC Yes Yes $15.00 $2.30 $12.70
MO GTE 7-SHT.24 0 NRC NRC Yes No $20.00 N/A $20.00
MO GTE 7-SHT.24 8 Digital Data Service 56 Kbps MRC Yes Yes $20.00 $3.07 $16.93
MO GTE 7-SHT.24 0 NRC NRC Yes No $20.00 N/A $20.00
MO GTE 7-SHT.24 8 Switched Data Service MRC Yes Yes $25.00 $3.83 $21.17
MO GTE 7-SHT.24 0 NRC NRC Yes No $20.00 N/A $20.00
LOCAL DIGITAL DATA SERVICE
Special Access Line
MO GTE 7-SHT.29 0 2.4 - 19.2 Kbps MRC Yes No $55.00 N/A $55.00
MO GTE 7-SHT.29 0 NRC NRC Yes No $71.00 N/A $71.00
MO GTE 7-SHT.29 0 56 Kbps MRC Yes No $68.00 N/A $68.00
MO GTE 7-SHT.29 0 NRC NRC Yes No $71.00 N/A $71.00
Special Transport - All Speeds
MO GTE 7-SHT.29 0 Per Intraexchange/Intraoffice mile MRC Yes No $2.00 N/A $2.00
MO GTE 7-SHT.29 0 Per Termination MRC Yes No $25.00 N/A $25.00
MO GTE 7-SHT.29 0 Bridging, per Port MRC Yes No $12.00 N/A $12.00
GTE DIAL DATALINK SERVICE
MO GTE 7-SHT.31 8 Bus MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.31 0 NRC NRC Yes No $25.00 N/A $25.00
MO GTE 7-SHT.31 8 Res MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.31 0 NRC NRC Yes No $25.00 N/A $25.00
LOCAL HIGH CAPACITY DS1 (1.544Mbps) SERVICE
MO GTE 7-SHT.35 0 Special Access Line, First System -
Month to Month MRC Yes No $317.00 N/A $317.00
MO GTE 7-SHT.35 0 NRC NRC Yes No $965.00 N/A $965.00
MO GTE 7-SHT.35 0 Special Access Line, Each Addl System -
Month to Month MRC Yes No $180.00 N/A $180.00
MO GTE 7-SHT.35 0 NRC NRC Yes No $128.00 N/A $128.00
MO GTE 7-SHT.35 0 Special Access Line, First System -
12 Month Contract MRC Yes No $301.00 N/A $301.00
MO GTE 7-SHT.35 0 Special Access Line, Each Addl System -
12 Month Contract MRC Yes No $180.00 N/A $180.00
MO GTE 7-SHT.35 0 Special Access Line, First System -
36 Month Contract MRC Yes No $271.00 N/A $271.00
MO GTE 7-SHT.35 0 Special Access Line, Each Addl System -
36 Month Contract MRC Yes No $180.00 N/A $180.00
Page 10
99
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 7-SHT.35 0 Special Access Line, First System -
60 Month Contract MRC Yes No $241.00 N/A $241.00
MO GTE 7-SHT.35 0 Special Access Line, Each Addl System -
60 Month Contract MRC Yes No $180.00 N/A $180.00
MO GTE 7-SHT.36 0 Special Transport, interoffice - intraexchange -
per mile MRC Yes No $30.85 N/A $30.85
MO GTE 7-SHT.36 0 Special Transport, interoffice - intraexchange -
per termination MRC Yes No $50.00 N/A $50.00
VOICE GRADE INTRAEXCHANGE MILEAGE - OPX
MO GTE 7-SHT.39 8 Line Extension Mileage - single pair,
first 1/4 mile MRC Yes Yes $2.05 $0.31 $1.74
MO GTE 7-SHT.39 8 Each Additional 1/4 mile MRC Yes Yes $1.85 $0.28 $1.57
LOCAL PRIVATE LINES - VOICE GRADE
MO GTE 7-SHT.43 0 Special Access Line, 2 Wire MRC Yes No $9.40 N/A $9.40
MO GTE 7-SHT.43 0 Special Access Line, 4 Wire MRC Yes No $18.80 N/A $18.80
MO GTE 7-SHT.43 0 Special Transport, interoffice Intraexchange,
per mile MRC Yes No $5.00 N/A $5.00
MO GTE 7-SHT.43 0 Bridging, per port MRC Yes No $8.00 N/A $8.00
MO GTE 7-SHT.43 0 Conditioning MRC Yes No $19.00 N/A $19.00
MO GTE 7-SHT.43 0 NRC NRC Yes No $46.65 N/A $46.65
SWITCHED DATA SERVICE
MO GTE 7-SHT.56 8 Low Speed, Single Line MRC Yes Yes $37.00 $5.67 $31.33
MO GTE 7-SHT.56 0 NRC NRC Yes No $50.00 N/A $50.00
MO GTE 7-SHT.56 8 Low Speed, CentraNet Line, 2-49 Lines MRC Yes Yes $40.00 $6.13 $33.87
MO GTE 7-SHT.56 8 50-100 Lines MRC Yes Yes $37.00 $5.67 $31.33
MO GTE 7-SHT.56 8 101 and above Lines MRC Yes Yes $34.00 $5.21 $28.79
MO GTE 7-SHT.56 8 High Speed, Single Line MRC Yes Yes $47.00 $7.21 $39.79
MO GTE 7-SHT.56 0 NRC NRC Yes No $50.00 N/A $50.00
MO GTE 7-SHT.56 8 High Speed, CentraNet Line, 2-49 Lines MRC Yes Yes $50.00 $7.67 $42.34
MO GTE 7-SHT.56 8 50-100 Lines MRC Yes Yes $47.00 $7.21 $39.79
MO GTE 7-SHT.56 8 101 and above Lines MRC Yes Yes $44.00 $6.75 $37.25
Switched Data - Individual Line Loop
Extension Access
MO GTE 7-SHT.57 8 Single Line - Monthly MRC Yes Yes $50.00 $7.67 $42.34
MO GTE 7-SHT.57 0 NRC NRC Yes No $50.00 N/A $50.00
MO GTE 7-SHT.57 8 CentraNet Line - Monthly MRC Yes Yes $50.00 $7.67 $42.34
MO GTE 7-SHT.57 0 NRC NRC Yes No $50.00 N/A $50.00
Switched Data - Individual Loop Extension Channel
MO GTE 7-SHT.57 8 Single Line - Monthly MRC Yes Yes $12.00 $1.84 $10.16
MO GTE 7-SHT.57 0 NRC NRC Yes No $50.00 N/A $50.00
MO GTE 7-SHT.57 8 CentraNet Line - Monthly MRC Yes Yes $15.00 $2.30 $12.70
MO GTE 7-SHT.57 0 NRC NRC Yes No $50.00 N/A $50.00
MO GTE 7-SHT.58 8 Switched Data Central Office Termination,
per access arrangement MRC Yes Yes $150.00 $23.00 $127.01
MO GTE 7-SHT.58 0 NRC NRC Yes No $125.00 N/A $125.00
MO GTE 7-SHT.58 8 Switched Data Central Office Channelization
Single Line MRC Yes Yes $7.00 $1.07 $5.93
MO GTE 7-SHT.58 8 Switched Data Central Office Channelization
Multiline with DID/DOD MRC Yes Yes $7.00 $1.07 $5.93
Page 11
100
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 7-SHT.58 8 Switched Data Central Office Channelization -
CentraNet Line MRC Yes Yes $7.00 $1.07 $5.93
MO GTE 7-SHT.58 8 Switched Data Customer Premises Termination MRC Yes Yes $100.00 $15.33 $84.67
MO GTE 7-SHT.58 0 NRC NRC Yes No $75.00 N/A $75.00
MO GTE 7-SHT.58 8 Switched Data Customer Premises Channelization MRC Yes Yes $25.00 $3.83 $21.17
MO GTE 7-SHT.58 0 NRC NRC Yes No $20.00 N/A $20.00
Optional Features
MO GTE 7-SHT.59 8 Data Direct Connect MRC Yes Yes $1.00 $0.15 $0.85
MO GTE 7-SHT.59 8 Data Closed User Group MRC Yes Yes $1.00 $0.15 $0.85
Voice Option Per Line
MO GTE 7-SHT.59 8 Single Line MRC Yes Yes $8.00 $1.23 $6.77
MO GTE 7-SHT.59 8 CentraNet Line MRC Yes Yes $5.00 $0.77 $4.23
Optional Feature Packages
MO GTE 7-SHT.59 8 Data 1000 MRC Yes Yes $3.00 $0.46 $2.54
MO GTE 7-SHT.59 8 Data 1000 with Toll Restriction MRC Yes Yes $3.00 $0.46 $2.54
MO GTE 7-SHT.59 8 Data 2000 MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.59 8 Data 2000 with Toll Restriction MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.59 0 Software Reconfiguration Charge NRC Yes No $12.75 N/A $12.75
MO GTE 7-SHT.60 8 Switched Data Network Usage -
Local Call Setup, per call USAGE Yes Yes $0.0300 $0.00 $0.03
MO GTE 7-SHT.60 8 Switched Data Network Usage -
Usage, per minute of use USAGE Yes Yes $0.0200 $0.00 $0.02
ISDN (INTERGRATED SERVICES DIGITAL NETWORK)
SINGLE LINE SERVICES
Home Digital (ISDN) Single Line Service
Digital Single Line Access
MO GTE 7-SHT.83 0 NRC NRC Yes No $50.00 N/A $50.00
MO GTE 7-SHT.83 8 Month to Month Rate MRC Yes Yes $31.00 $4.75 $26.25
MO GTE 7-SHT.83 8 12 Month Rate MRC Yes Yes $26.00 $3.99 $22.01
MO GTE 7-SHT.83 8 36 Month Rate MRC Yes Yes $23.00 $3.53 $19.47
Channel Capability N/A
B-Voice/CSD, per line N/A
MO GTE 7-SHT.83 8 Month to Month Rate MRC Yes Yes $2.00 $0.31 $1.69
MO GTE 7-SHT.83 8 12 Month Rate MRC Yes Yes $2.00 $0.31 $1.69
MO GTE 7-SHT.83 8 36 Month Rate MRC Yes Yes $2.00 $0.31 $1.69
D-Packet, per channel N/A
MO GTE 7-SHT.83 8 Month to Month Rate MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.83 8 12 Month Rate MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.83 8 36 Month Rate MRC Yes Yes $5.00 $0.77 $4.23
Business Digital (ISDN) Single Line Service
Digital Single Line Access
MO GTE 7-SHT.84 0 NRC NRC Yes No $50.00 N/A $50.00
MO GTE 7-SHT.84 8 Month to Month Rate MRC Yes Yes $39.00 $5.98 $33.02
MO GTE 7-SHT.84 8 12 Month Rate MRC Yes Yes $34.00 $5.21 $28.79
MO GTE 7-SHT.84 8 36 Month Rate MRC Yes Yes $31.00 $4.75 $26.25
Page 12
101
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
Channel Capability N/A
B-Voice/CSD, per line N/A
MO GTE 7-SHT.84 8 Month to Month Rate MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.84 8 12 Month Rate MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.84 8 36 Month Rate MRC Yes Yes $5.00 $0.77 $4.23
D-Packet, per channel N/A
MO GTE 7-SHT.84 8 Month to Month Rate MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.84 8 12 Month Rate MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.84 8 36 Month Rate MRC Yes Yes $5.00 $0.77 $4.23
Usage Options
Home Digital (ISDN), per line
MO GTE 7-SHT.85 8 25 hour block of time MRC Yes Yes $25.00 $3.83 $21.17
MO GTE 7-SHT.85 8 50 hour block of time MRC Yes Yes $43.00 $6.59 $36.41
MO GTE 7-SHT.85 8 Flat Rate MRC Yes Yes $50.00 $7.67 $42.34
Business Digital (ISDN), per line N/A
MO GTE 7-SHT.85 8 50 hour block of time MRC Yes Yes $43.00 $6.59 $36.41
MO GTE 7-SHT.85 8 100 hour block of time MRC Yes Yes $80.00 $12.26 $67.74
Feature Package Rates (Home or Business)
MBKS Basic Svc, per line
MO GTE 7-SHT.86 0 NRC NRC Yes No $25.00 N/A $25.00
MO GTE 7-SHT.86 8 Monthly Rate MRC Yes Yes $6.00 $0.92 $5.08
MO GTE 7-SHT.86 8 12 Month Rate MRC Yes Yes $6.00 $0.92 $5.08
MO GTE 7-SHT.86 8 36 Month Rate MRC Yes Yes $6.00 $0.92 $5.08
CSD 1000, per line X/X
XX XXX 0-XXX.00 0 XXX XXX Yes No $15.00 N/A $15.00
MO GTE 7-SHT.86 8 Monthly Rate MRC Yes Yes $3.00 $0.46 $2.54
MO GTE 7-SHT.86 8 12 Month Rate MRC Yes Yes $3.00 $0.46 $2.54
MO GTE 7-SHT.86 8 36 Month Rate MRC Yes Yes $3.00 $0.46 $2.54
CSD 2000, per line X/X
XX XXX 0-XXX.00 0 XXX XXX Yes No $15.00 N/A $15.00
MO GTE 7-SHT.86 8 Monthly Rate MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.86 8 12 Month Rate MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.86 8 36 Month Rate MRC Yes Yes $5.00 $0.77 $4.23
X.25 Deluxe Pkg, per line X/X
XX XXX 0-XXX.00 0 XXX XXX Yes No $15.00 N/A $15.00
MO GTE 7-SHT.86 8 Monthly Rate MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.86 8 12 Month Rate MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 7-SHT.86 8 36 Month Rate MRC Yes Yes $5.00 $0.77 $4.23
Individual Optional Feature Rates
Data Direct Connect, per line
MO GTE 7-SHT.86 8 Monthly Rate MRC Yes Yes $1.00 $0.15 $0.85
MO GTE 7-SHT.86 8 12 Month Rate MRC Yes Yes $1.00 $0.15 $0.85
MO GTE 7-SHT.86 8 36 Month Rate MRC Yes Yes $1.00 $0.15 $0.85
Page 13
102
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
Digital (ISDN) Individual Line Loop Extension,
per line
MO GTE 7-SHT.87 0 NRC NRC Yes No $50.00 N/A $50.00
MO GTE 7-SHT.87 8 MRC MRC Yes Yes $21.00 $3.22 $17.78
MO GTE 7-SHT.87 8 Foreign Exchange Provisioning, per line -
MRC MRC Yes Yes $75.00 $11.50 $63.50
MO GTE 7-SHT.87 8 Foreign Exchange Provisioning,
interoffice transport, per mile-MRC MRC Yes Yes $7.50 $1.15 $6.35
MO GTE 7-SHT.87 8 Additional Directory Numbers, each - MRC MRC Yes Yes $2.00 $0.31 $1.69
MO GTE 7-SHT.87 0 Data Base Changes, Add Line Features -
NRC NRC Yes No $25.00 N/A $25.00
PUBLIC TELEPHONE SERVICE
MO GTE 8-SHT.5 0 Rate Each Local Message NRC No No $0.25 N/A N/A
SEMI-PUBLIC TELEPHONE SERVICE
MO GTE 8-SHT.7 0 Rate Each Local Message NRC No No $0.25 N/A N/A
OPERATOR AND DIRECTORY SERVICE
Directory Assistance Service
MO GTE 9-SHT.3 0 Local Director Assistance 1+411, per call NRC Yes No $0.40 N/A $0.40
MO GTE 9-SHT.3 0 1+555+1212 Directory Assistance, per call NRC Yes No $0.40 N/A $0.40
MO GTE 9-SHT.3 0 Operator connected Directory Assistance,
per call NRC Yes No $0.45 N/A $0.45
MO GTE 9-SHT.3 0 Directory Calls billed to a Third Number
or Calling Card NRC Yes No $0.45 N/A $0.45
MO GTE 9-SHT.3.3 0 Directory Connect PLUS NRC Yes No $0.50 N/A $0.50
Directory Listings N/A
Additional Listings N/A
MO GTE 9-SHT.7 0 Bus MRC No No $1.95 N/A N/A
MO GTE 9-SHT.7 0 Res MRC No No $1.55 N/A N/A
Foreign Exchange Listings N/A
MO GTE 9-SHT.7 0 Bus MRC No No $1.95 N/A N/A
MO GTE 9-SHT.7 0 Res MRC No No $1.55 N/A N/A
MO GTE 9-SHT.7 0 Nonlisted Service MRC No No $1.55 N/A N/A
MO GTE 9-SHT.7 0 Nonpublished Service MRC No No $1.60 N/A N/A
Intercept Services - 90 day Period N/A
MO GTE 9-SHT.9 0 Bus NRC Yes No $10.00 N/A $10.00
MO GTE 9-SHT.9 0 Res NRC Yes No $10.00 N/A $10.00
Local Operator Service Charges N/A
MO GTE 9-SHT.11 0 Xxxx Xxxx Xxxxxxxxx XXX Yes No $0.95 N/A $0.95
MO GTE 9-SHT.11 0 Busy Line Verify NRC Yes No $0.50 N/A $0.50
MO GTE 9-SHT.11 0 Calling Card Call NRC Yes No $0.60 N/A $0.60
MO GTE 9-SHT.11 0 Operator Assisted Station Call NRC Yes No $1.15 N/A $1.15
MO GTE 9-SHT.11 0 Operator Assisted Person to Person Call NRC Yes No $2.40 N/A $2.40
CALL RESTRICTION SERVICES
Billed Number Screening Service
Page 14
103
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 10-SHT.1 8 Option 1 - Collect and Third Number Billing MRC Yes Yes $4.10 $0.63 $3.47
MO GTE 10-SHT.1 8 Option 2 - Third Number Billing MRC Yes Yes $4.10 $0.63 $3.47
MO GTE 10-SHT.1 8 Option 3 - Collect Billing MRC Yes Yes $4.10 $0.63 $3.47
Selective Class of Call Screening Service
MO GTE 10-SHT.3 8 Outgoning Screening per Line MRC Yes Yes $4.10 $0.63 $3.47
Toll Blocking Service
MO GTE 10-SHT.5 8 Option 1, per line MRC Yes Yes $4.10 $0.63 $3.47
MO GTE 10-SHT.5 0 NRC NRC Yes No $8.00 N/A $8.00
MO GTE 10-SHT.5 8 Option 2, per line MRC Yes Yes $4.10 $0.63 $3.47
MO GTE 10-SHT.5 0 NRC NRC Yes No $8.00 N/A $8.00
MO GTE 10-SHT.6 0 700 Blocking Service, per each additional
Business Line NRC Yes No $4.00 N/A $4.00
MO GTE 10-SHT.7 0 900 Blocking Service, per each additional
Business Line NRC Yes No $4.00 N/A $4.00
MO GTE 10-SHT.8 0 976 Blocking Service, per each Additional
Business Line NRC Yes No $4.00 N/A $4.00
CUSTOMIZED NUMBER SERVICE
Per Customized Number requested and placed
into service
MO GTE 10-SHT.10 8 Bus MRC Yes Yes $3.50 $0.54 $2.96
MO GTE 10-SHT.10 8 Res MRC Yes Yes $1.50 $0.23 $1.27
DIRECT INWARD DIALING SERVICE (DID)
Per Block of 100 Numbers
MO GTE 10-SHT.12 8 Assigned, each block MRC Yes Yes $32.00 $4.91 $27.09
MO GTE 10-SHT.12 8 Reserved, each block MRC Yes Yes $32.00 $4.91 $27.09
Per Block of 20 Numbers
MO GTE 10-SHT.12 8 Assigned, each block MRC Yes Yes $18.00 $2.76 $15.24
MO GTE 10-SHT.12 8 Reserved, each block MRC Yes Yes $18.00 $2.76 $15.24
MO GTE 10-SHT.12 8 Per Trunk Termination Charge MRC Yes Yes $35.00 $5.37 $29.63
EMERGENCY CONFERENCE SERVICE (FIREBAR)
MO GTE 10-SHT.14 0 Solid State - Type 10 (10 stations) MRC Yes Yes $46.25 $0.00 $46.25
MO GTE 10-SHT.14 0 NRC NRC Yes No $177.15 N/A $177.15
MO GTE 10-SHT.14 0 Solid State - Type 20 (20 stations) MRC Yes Yes $71.05 $0.00 $71.05
MO GTE 10-SHT.14 0 NRC NRC Yes No $272.05 N/A $272.05
MO GTE 10-SHT.14 0 Solid State - Type 30 (30 stations) MRC Yes Yes $95.85 $0.00 $95.85
MO GTE 10-SHT.14 0 NRC NRC Yes No $367.10 N/A $367.10
MO GTE 10-SHT.14 0 Solid State - Type 40 (40 stations) MRC Yes Yes $135.35 $0.00 $135.35
MO GTE 10-SHT.14 0 NRC NRC Yes No $518.35 N/A $518.35
MO GTE 10-SHT.14 0 Solid State - Type 50 (50 stations) MRC Yes Yes $165.35 $0.00 $165.35
MO GTE 10-SHT.14 0 NRC NRC Yes No $633.20 N/A $633.20
MO GTE 10-SHT.14 0 Solid State - Type 60 (60 stations) MRC Yes Yes $191.75 $0.00 $191.75
MO GTE 10-SHT.14 0 NRC NRC Yes No $734.30 N/A $734.30
Options for Type 10, 20 and 30 Systems N/A
Page 15
104
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 10-SHT.14 0 Siren Control MRC Yes Yes $4.50 $0.00 $4.50
MO GTE 10-SHT.14 0 NRC NRC Yes No $17.15 N/A $17.15
MO GTE 10-SHT.14 0 Remote Answer, 10-30 Line System MRC Yes Yes $1.15 $0.00 $1.15
MO GTE 10-SHT.14 0 NRC NRC Yes No $4.35 N/A $4.35
Options for Type 40, 50 and 60 Systems N/A
MO GTE 10-SHT.15 0 Siren Control MRC Yes Yes $4.50 $0.00 $4.50
MO GTE 10-SHT.15 0 NRC NRC Yes No $17.15 N/A $17.15
MO GTE 10-SHT.15 0 Automatic Access MRC Yes Yes $3.15 $0.00 $3.15
MO GTE 10-SHT.15 0 NRC NRC Yes No $14.15 N/A $14.15
MO GTE 10-SHT.15 0 Manual Access for 40 - 60 Line Systems MRC Yes Yes $0.40 $0.00 $0.40
MO GTE 10-SHT.15 0 NRC NRC Yes No $1.55 N/A $1.55
MO GTE 10-SHT.15 0 Remote Answer, 40-60 Line System MRC Yes Yes $1.80 $0.00 $1.80
MO GTE 10-SHT.15 0 NRC NRC Yes No $6.95 N/A $6.95
FOREIGN EXCHANGE SERVICE
MO GTE 10-SHT.20 Local B1 required & refer to Interexchange
Private Line Tariff
RESERVED TELEPHONE NUMBERS
MO GTE 10-SHT.21 8 per Reserved Telephone Number MRC Yes Yes $5.00 $0.77 $4.23
SPECIAL BILLING NUMBER SERVICE
MO GTE 10-SHT.32 8 First Number Billed with Customers main number MRC Yes Yes $2.00 $0.31 $1.69
MO GTE 10-SHT.32 8 Each Additional Number Billed with Customers
main number MRC Yes Yes $1.15 $0.18 $0.97
MO GTE 10-SHT.32 8 Each Special Billing Number Billed Separately MRC Yes Yes $4.25 $0.65 $3.60
TOLL TAPES
MO GTE 10-SHT.33 8 Long Distance or WATS calls on Magnetic Tape -
Monthly Arrangement MRC Yes Yes $32.65 $5.01 $27.64
MO GTE 10-SHT.33 8 Long Distance or WATS calls on Magnetic Tape -
Upon Request NRC Yes No $40.65 N/A $40.65
CENTRANET SERVICE
CentraNet Service Line Rates
Month to Month Contract
MO GTE 11-SHT.22 8 3-25 Lines, per Line MRC Yes Yes $15.00 $2.30 $12.70
MO GTE 11-SHT.22 8 26-50 Lines, per Line MRC Yes Yes $14.75 $2.26 $12.49
00 Xxxxx Xxxxxxxx
XX GTE 11-SHT.22 8 26-50 Lines, per Line MRC Yes Yes $13.75 $2.11 $11.64
MO GTE 11-SHT.22 8 51-100 Lines, per Line MRC Yes Yes $13.00 $1.99 $11.01
MO GTE 11-SHT.22 8 101-200 Lines, per Line MRC Yes Yes $12.25 $1.88 $10.37
00 Xxxxx Xxxxxxxx
XX GTE 11-SHT.22 8 26-50 Lines, per Line MRC Yes Yes $12.75 $1.95 $10.80
MO GTE 11-SHT.22 8 51-100 Lines, per Line MRC Yes Yes $12.00 $1.84 $10.16
MO GTE 11-SHT.22 8 101-200 Lines, per Line MRC Yes Yes $11.25 $1.72 $ 9.53
Page 16
105
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 11-SHT.23 8 Feature Package 1000, per Line MRC Yes Yes $1.50 $0.23 $1.27
MO GTE 11-SHT.23 8 Feature Package 2000, per Line MRC Yes Yes $2.20 $0.34 $1.86
MO GTE 11-SHT.23 8 Feature Package 3000, per Line MRC Yes Yes $2.55 $0.39 $2.16
CCLASS Feature Package
MO GTE 11-SHT.23 8 3-25 Lines, per Line MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 11-SHT.23 8 26-50 Lines, per Line MRC Yes Yes $4.50 $0.69 $3.81
MO GTE 11-SHT.23 8 51+ Lines, per Line MRC Yes Yes $4.00 $0.61 $3.39
MO GTE 11-SHT.23 8 Additional CentraNet Network Access, each Trunk MRC Yes Yes $15.00 $2.30 $12.70
MO GTE 11-SHT.24 8 CentraNet PBX Trunk Add-on MRC Yes Yes $5.00 $0.77 $4.23
Programming Charges
MO GTE 11-SHT.24 0 First Line Programmed or Reprogrammed NRC Yes No $25.00 N/A $25.00
MO GTE 11-SHT.24 0 Each Additional Line Programmed or Reprogrammed NRC Yes No $2.50 N/A $2.50
Optional Features
MO GTE 11-SHT.25 8 Authorization Codes (per group of 10) MRC Yes Yes $0.05 $0.01 $0.04
MO GTE 11-SHT.25 8 Automatic Route Selection, per line MRC Yes Yes $2.00 $0.31 $1.69
MO GTE 11-SHT.25 8 Code Call Access MRC Yes Yes $20.00 $3.07 $16.93
MO GTE 11-SHT.25 8 Conference Calling MRC Yes Yes $90.00 $13.80 $76.20
MO GTE 11-SHT.25 8 Data Link Console Interface MRC Yes Yes $70.00 $10.73 $59.27
MO GTE 11-SHT.25 8 Dictation Access and Control MRC Yes Yes $20.00 $3.07 $16.93
MO GTE 11-SHT.25 8 Flexible Night Answer MRC Yes Yes $0.20 $0.03 $0.17
MO GTE 11-SHT.25 8 FX Access MRC Yes Yes $6.00 $0.92 $5.08
MO GTE 11-SHT.25 8 Identification-Multiple Directoru Numbers MRC Yes Yes $0.10 $0.02 $0.08
MO GTE 11-SHT.25 8 Music-on-hold Interface MRC Yes Yes $20.00 $3.07 $16.93
MO GTE 11-SHT.25 8 Non-Data Link Console Interface MRC Yes Yes $50.00 $7.67 $42.34
MO GTE 11-SHT.25 8 Paging/Public Address Access MRC Yes Yes $20.00 $3.07 $16.93
MO GTE 11-SHT.25 8 Pilot Number of Xxxx Groups MRC Yes Yes $0.05 $0.01 $0.04
MO GTE 11-SHT.25 8 Predetermined Night Answer-Fixed MRC Yes Yes $0.20 $0.03 $0.17
MO GTE 11-SHT.25 8 Preferential Hunting MRC Yes Yes $0.05 $0.01 $0.04
MO GTE 11-SHT.25 8 Priority Queuing MRC Yes Yes $1.00 $0.15 $0.85
MO GTE 11-SHT.25 8 Proprietary Set Interface MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 11-SHT.25 8 Pseudo Number Flat Rate Service MRC Yes Yes $6.00 $0.92 $5.08
MO GTE 11-SHT.25 8 Recorded Announcement MRC Yes Yes $15.00 $2.30 $12.70
MO GTE 11-SHT.25 8 Speed Call 30 (System) MRC Yes Yes $0.10 $0.02 $0.08
MO GTE 11-SHT.25 8 Station Message Detail Recording, per line MRC Yes Yes $0.50 $0.08 $0.42
MO GTE 11-SHT.25 8 Stop Xxxx MRC Yes Yes $0.75 $0.11 $0.64
MO GTE 11-SHT.25 8 T-1 Access MRC Yes Yes $300.00 $45.99 $254.01
MO GTE 11-SHT.25 8 Terminal Make Busy MRC Yes Yes $0.50 $0.08 $0.42
MO GTE 11-SHT.25 8 Tie Facility Access MRC Yes Yes $6.00 $0.92 $5.08
MO GTE 11-SHT.25 8 Universal Night Answer MRC Yes Yes $0.10 $0.02 $0.08
MO GTE 11-SHT.25 8 WATS Access MRC Yes Yes $1.00 $0.15 $0.85
MO GTE 11-SHT.25 8 800 Service Access MRC Yes Yes $1.00 $0.15 $0.85
Caller ID - Number
MO GTE 11-SHT.26 8 3-25 Lines, per line MRC Yes Yes $6.00 $0.92 $5.08
Page 17
106
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 11-SHT.26 8 26-50 Lines, per line MRC Yes Yes $4.50 $0.69 $3.81
MO GTE 11-SHT.26 8 51+ Lines, per line MRC Yes Yes $2.00 $0.31 $1.69
MO GTE 11-SHT.26 8 3-25 Lines, per customer group MRC Yes Yes $10.00 $1.53 $8.47
MO GTE 11-SHT.26 8 26-50 Lines, per cusaomer group MRC Yes Yes $20.00 $3.07 $16.93
MO GTE 11-SHT.26 8 51+ Lines, per customer group MRC Yes Yes $40.00 $6.13 $33.87
MO GTE 11-SHT.26 8 Caller ID - Name and Number N/A
MO GTE 11-SHT.26 8 3-25 Lines, per customer group MRC Yes Yes $25.00 $3.83 $21.17
MO GTE 11-SHT.26 8 26-50 Lines, per customer group MRC Yes Yes $45.00 $6.90 $38.10
MO GTE 11-SHT.26 8 51+ Lines, per customer group MRC Yes Yes $85.00 $13.03 $71.97
MO GTE 11-SHT.26 8 Call Tracing Service MRC Yes Yes $3.50 $0.54 $2.96
MO GTE 11-SHT.26 8 VIP Alert MRC Yes Yes $4.00 $0.61 $3.39
MO GTE 11-SHT.26 8 CentraNet System Interface N/A
MO GTE 11-SHT.26 8 Attendant Console Interface, per interface N/A
MO GTE 11-SHT.26 8 36 Month Contract Period MRC Yes Yes $170.00 $26.06 $143.94
MO GTE 11-SHT.26 8 60 Month Contract Period MRC Yes Yes $125.00 $19.16 $105.84
EMERGENCY TELEPHONE SERVICE (911)
MO GTE 11-SHT.50 0 Automatic Number Identification (ANI),
per central office MRC Yes No $69.00 N/A $69.00
0 911 Network Service N/A
MO GTE 11-SHT.50 0 PSAP to Central Office Flat Rate,
per line MRC Yes No $30.00 N/A $30.00
MO GTE 11-SHT.50 0 NRC NRC Yes No $393.00 N/A $393.00
MO GTE 11-SHT.50 0 CO to CO Interoffice Facility Flat Rate,
per trunk MRC Yes No $25.00 N/A $25.00
MO GTE 11-SHT.50 0 NRC NRC Yes No $312.00 N/A $312.00
0 Automatic Location Identification (ALI)
Database N/A
MO GTE 11-SHT.51 0 Database Administration, per database MRC Yes No $380.00 N/A $380.00
0 Database N/A
MO GTE 11-SHT.51 0 each GTE subscriber record MRC Yes No $0.04 N/A $0.04
MO GTE 11-SHT.51 0 NRC NRC Yes No $0.75 N/A $0.75
MO GTE 11-SHT.51 0 each Non-GTE subscriber record MRC Yes No $0.04 N/A $0.04
MO GTE 11-SHT.51 0 NRC NRC Yes No $0.35 N/A $0.35
0 Selective Routing N/A
MO GTE 11-SHT.51 0 Database Administration, per database MRC Yes No $8.50 N/A $8.50
MO GTE 11-SHT.51 0 NRC NRC Yes No $2,461.00 N/A $2,461.00
MO GTE 11-SHT.51 0 Database, per record MRC Yes No $0.01 N/A $0.01
MO GTE 11-SHT.51 0 NRC NRC Yes No $0.14 N/A $0.14
MO GTE 11-SHT.52 0 Selective Router, each MRC Yes No $1,363.00 N/A $1,363.00
MO GTE 11-SHT.52 0 NRC NRC Yes No $13,280.00 N/A $13,280.00
MO GTE 11-SHT.52 0 Selective Router Interface, per trunk
termination MRC Yes No $36.50 N/A $36.50
MO GTE 11-SHT.52 0 NRC NRC Yes No $150.00 N/A $150.00
0 Alternate Network Routing - TELTONE SWITCHED
ACCESS SYSTEM N/A
0 Trunk Dial Unit (TDU) N/A
MO GTE 11-SHT.52 0 Without Monitoring, 1st Trunk MRC Yes No $189.58 N/A $189.58
MO GTE 11-SHT.52 0 NRC NRC Yes No $2,081.11 N/A $2,081.11
Page 18
107
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 11-SHT.52 0 Without Monitoring, add'l Trunk in same CO MRC Yes No $90.87 N/A $90.87
MO GTE 11-SHT.52 0 NRC NRC Yes No $507.26 N/A $507.26
0 Call Answer Unit (CAU) N/A
MO GTE 11-SHT.52 0 Without Monitoring, 1st Trunk MRC Yes No $84.79 N/A $84.79
MO GTE 11-SHT.52 0 NRC NRC Yes No $481.53 N/A $481.53
MO GTE 11-SHT.52 0 Without Monitoring, add'l Trunk in same CO MRC Yes No $48.68 N/A $48.68
MO GTE 11-SHT.52 0 NRC NRC Yes No $403.36 N/A $403.36
0 Call Transfer Unit (CTU) N/A
MO GTE 11-SHT.52 0 Without Monitoring, 1st Trunk MRC Yes No $88.55 N/A $88.55
MO GTE 11-SHT.52 0 NRC NRC Yes No $755.76 N/A $755.76
MO GTE 11-SHT.52 0 Without Monitoring, add'l Trunk in same CO MRC Yes No $42.68 N/A $42.68
MO GTE 11-SHT.52 0 NRC NRC Yes No $375.44 N/A $375.44
0 Alternate Network Routing - XXXXXXX INSTANT NETWORK BACKUP N/A
SYS.
0 Instant Network Backup (INB) Mini-Pac N/A
MO GTE 11-SHT.52.1 0 Without Monitoring, 1st Trunk MRC Yes No $115.94 N/A $115.94
MO GTE 11-SHT.52.1 0 NRC NRC Yes No $666.09 N/A $666.09
MO GTE 11-SHT.52.1 0 Without Monitoring, add'l Trunk in same CO MRC Yes No $101.24 N/A $101.24
MO GTE 11-SHT.52.1 0 NRC NRC Yes No $507.26 N/A $507.26
MO GTE 11-SHT.52.1 0 With Monitoring, 1st Trunk MRC Yes No $129.64 N/A $129.64
MO GTE 11-SHT.52.1 0 NRC NRC Yes No $666.09 N/A $666.09
MO GTE 11-SHT.52.1 0 With Monitoring, add'l Trunk in same CO MRC Yes No $114.93 N/A $114.93
MO GTE 11-SHT.52.1 0 NRC NRC Yes No $507.26 N/A $507.26
0 Instant Network BackUp (INB) Shelf System N/A
MO GTE 11-SHT.52.1 0 Without Monitoring, 1st Trunk MRC Yes No $163.72 N/A $163.72
MO GTE 11-SHT.52.1 0 NRC NRC Yes No $755.76 N/A $755.76
MO GTE 11-SHT.52.1 0 Without Monitoring, add'l Trunk in same CO MRC Yes No $54.82 N/A $54.82
MO GTE 11-SHT.52.1 0 NRC NRC Yes No $375.44 N/A $375.44
MO GTE 11-SHT.52.1 0 With Monitoring, 1st Trunk MRC Yes No $188.62 N/A $188.62
MO GTE 11-SHT.52.1 0 NRC NRC Yes No $755.76 N/A $755.76
MO GTE 11-SHT.52.1 0 With Monitoring, add'l Trunk in same CO MRC Yes No $59.18 N/A $59.18
MO GTE 11-SHT.52.1 0 NRC NRC Yes No $375.44 N/A $375.44
MO GTE 11-SHT.52.1 0 Expansion Shelf MRC Yes No $77.54 N/A $77.54
MO GTE 11-SHT.52.1 0 NRC NRC Yes No $375.44 N/A $375.44
0 Instant Network Backup (INB) Responder Equipment N/A
MO GTE 11-SHT.52.2 0 PSAP Responder, 1st Responder MRC Yes No $130.85 N/A $130.85
MO GTE 11-SHT.52.2 0 NRC NRC Yes No $589.16 N/A $589.16
MO GTE 11-SHT.52.2 0 PSAP Responder, Add'l Responder MRC Yes No $127.58 N/A $127.58
MO GTE 11-SHT.52.2 0 NRC NRC Yes No $589.16 N/A $589.16
MO GTE 11-SHT.52.2 0 Central Office Responder, 1st Responder MRC Yes No $80.27 N/A $80.27
MO GTE 11-SHT.52.2 0 NRC NRC Yes No $589.16 N/A $589.16
MO GTE 11-SHT.52.2 0 Central Office Responder, Add'l Responder MRC Yes No $50.67 N/A $50.67
MO GTE 11-SHT.52.2 0 NRC NRC Yes No $589.16 N/A $589.16
MO GTE 11-SHT.52.2 0 INB Line Switch or 4/2 Converter Card MRC Yes No $15.19 N/A $15.19
Page 19
108
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 11-SHT.52.2 0 NRC NRC Yes No $13.32 N/A $13.32
MO GTE 11-SHT.52.2 0 INB Cellular Transceiver MRC Yes No $66.50 N/A $66.50
MO GTE 11-SHT.52.2 0 NRC NRC Yes No $507.26 N/A $507.26
0 INB Cellular Antenna
MO GTE 11-SHT.52.2 0 3 dB Antenna MRC Yes No $1.93 N/A $1.93
MO GTE 11-SHT.52.2 0 NRC NRC Yes No $13.32 N/A $13.32
MO GTE 11-SHT.52.2 0 9 dB Antenna MRC Yes No $10.67 N/A $10.67
MO GTE 11-SHT.52.2 0 NRC NRC Yes No $124.35 N/A $124.35
0 Alternate Network Routing - TELLULAR
PHONECELL SERVICES EQUIP. N/A
MO GTE 11-SHT.52.3 0 Cellular Transceivers, 1M Transceiver MRC Yes No $38.30 N/A $38.30
MO GTE 11-SHT.52.3 0 NRC NRC Yes No $831.52 N/A $831.52
MO GTE 11-SHT.52.3 0 Cellular Transceivers, 4M Transceiver MRC Yes No $122.87 N/A $122.87
MO GTE 11-SHT.52.3 0 NRC NRC Yes No $919.18 N/A $919.18
MO GTE 11-SHT.52.3 0 Cellular Antennas, 3 B Antenna MRC Yes No $2.06 N/A $2.06
MO GTE 11-SHT.52.3 0 NRC NRC Yes No $13.32 N/A $13.32
MO GTE 11-SHT.52.3 0 Cellular Antennas, 12 B Antenna MRC Yes No $4.13 N/A $4.13
MO GTE 11-SHT.52.3 0 NRC NRC Yes No $124.35 N/A $124.35
0 Distribution Machine for the Address and
Routing Control System (DMARCS) N/A
MO GTE 11-SHT.52.3 0 Per ALI Computer to which records will be
downloaded MRC Yes No $154.03 N/A $154.03
MO GTE 11-SHT.52.3 0 NRC NRC Yes No $104.00 N/A $104.00
0 Private Switch (PS) 911 Service N/A
MO GTE 11-SHT.52.5 0 GTE PS ENTRY Full Site Administration Package MRC Yes No $150.02 N/A $150.02
MO GTE 11-SHT.52.5 0 NRC NRC Yes No $512.28 N/A $512.28
MO GTE 11-SHT.52.5 0 GTE PS ALI Software Package MRC Yes No $16.45 N/A $16.45
MO GTE 11-SHT.52.5 0 NRC NRC Yes No $266.21 N/A $266.21
MO GTE 11-SHT.52.5 0 GTE PS ALI LQ Parallel Printer MRC Yes No $34.38 N/A $34.38
MO GTE 11-SHT.52.5 0 NRC NRC Yes No $201.18 N/A $201.18
N/A
LOCAL SERVICES LIMITED TO EXISTING CUSTOMERS N/A
AT EXISTING LOCATIONS N/A
N/A
SmartCall Services N/A
Camp on/Busy Number Redial N/A
MO GTE 6-SHT 14 8 Bus MRC Yes Yes $4.00 $0.61 $3.39
MO GTE 6-SHT 14 8 Res MRC Yes Yes $4.00 $0.61 $3.39
Last Number/Save Number Redial N/A
MO GTE 6-SHT 15 8 Bus MRC Yes Yes $4.00 $0.61 $3.39
MO GTE 6-SHT 15 8 Res MRC Yes Yes $4.00 $0.61 $3.39
Smart Ring with any PAK N/A
MO GTE 6-SHT 15 8 Res MRC Yes Yes $3.00 $0.46 $2.54
Special Call Waiting N/A
MO GTE 6-SHT 16 8 Bus MRC Yes Yes $6.00 $0.92 $5.08
Page 20
109
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 6-SHT 16 8 Res MRC Yes Yes $5.00 $0.77 $4.23
Economy Package N/A
MO GTE 6-SHT 17 8 Bus MRC Yes Yes $4.35 $0.67 $3.68
MO GTE 6-SHT 17 8 Res MRC Yes Yes $4.35 $0.67 $3.68
Professional Package N/A
MO GTE 6-SHT 17 8 Bus MRC Yes Yes $7.90 $1.21 $6.69
MO GTE 6-SHT 17 8 Res MRC Yes Yes $7.90 $1.21 $6.69
Smarter Call PAK N/A
MO GTE 6-SHT 17 8 Res MRC Yes Yes $4.50 $0.69 $3.81
Smartest Call PAK N/A
MO GTE 6-SHT 17 8 Bus MRC Yes Yes $7.50 $1.15 $6.35
MO GTE 6-SHT 17 8 Res MRC Yes Yes $6.50 $1.00 $5.50
N/A
Emergency Conference Service N/A
Automatic Type N/A
MO GTE 10-SHT 15 8 Up to 10 reporting stations MRC Yes Yes $25.00 $3.83 $21.17
MO GTE 10-SHT 15 0 NRC NRC Yes No $25.00 N/A $25.00
MO GTE 10-SHT 15 8 Up to 20 reporting stations MRC Yes Yes $40.00 $6.13 $33.87
MO GTE 10-SHT 15 0 NRC NRC Yes No $40.00 N/A $40.00
MO GTE 10-SHT 15 8 Control Relay, per siren MRC Yes Yes $0.50 $0.08 $0.42
MO GTE 10-SHT 15 0 NRC NRC Yes No $5.00 N/A $5.00
MO GTE 10-SHT 15 8 Pushbottons or Keys, each MRC Yes Yes $0.50 $0.08 $0.42
MO GTE 10-SHT 15 0 NRC NRC Yes No $5.00 N/A $5.00
MO GTE 10-SHT 15 8 Each line or additional lines MRC Yes Yes $2.00 $0.31 $1.69
MO GTE 10-SHT 15 8 Central Office Common Equipment MRC Yes Yes $12.00 $1.84 $10.16
MO GTE 10-SHT 15 0 NRC NRC Yes No $5.00 N/A $5.00
MO GTE 10-SHT 15 8 Additional Common Equipment MRC Yes Yes $1.50 $0.23 $1.27
MO GTE 10-SHT 15 0 NRC NRC Yes No $5.00 N/A $5.00
MO GTE 10-SHT 15 8 Pushbotton Number Term MRC Yes Yes $0.35 $0.05 $0.30
MO GTE 10-SHT 15 0 NRC NRC Yes No $5.00 N/A $5.00
N/A
CentraNet Service Lines N/A
60 Month Contract N/A
MO GTE 11-SHT 22.1 8 4-15 lines, each MRC Yes Yes $13.85 $2.12 $11.73
MO GTE 11-SHT 22.1 8 16-20 lines, each MRC Yes Yes $12.10 $1.85 $10.25
00 Xxxxx Xxxxxxxx X/X
XX GTE 11-SHT 22.1 8 4-15 lines, each MRC Yes Yes $12.05 $1.85 $10.20
MO GTE 11-SHT 22.1 8 16-20 lines, each MRC Yes Yes $10.00 $1.53 $8.47
N/A
Group Alerting and Dispatching Service N/A
Basic fire reporting common equipment N/A
MO GTE 13-SHT 6 0 In former GTE Systems of Missouri Exchanges MRC Yes No $12.00 N/A $12.00
Page 21
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 13-SHT 6 0 In former GTE of Eastern Missouri Exchanges MRC Yes No $21.40 N/A $21.40
Fire reporting system equipment multiplies N/A
MO GTE 13-SHT 6 0 In former GTE Systems of Missouri Exchanges MRC Yes No $1.50 N/A $1.50
MO GTE 13-SHT 6 0 In former GTE of Eastern Missouri Exchanges MRC Yes No $3.55 N/A $3.55
N/A
Hotel/Motel Trunks (Level 8) N/A
MO GTE 13-SHT 7 8 Inside Base Rate Area, per line MRC Yes Yes $13.25 $2.03 $11.22
MO GTE 13-SHT 7 8 Outside Base Rate Area, per line MRC Yes Yes $19.10 $2.93 $16.17
N/A
Special Reversed Charge Toll Service
(Enterprise/Zenith) N/A
Rate per exchange N/A
MO GTE 13-SHT 10 8 In former GTE North Exchanges MRC Yes Yes $6.65 $1.02 $5.63
MO GTE 13-SHT 10 8 In former GTE Missouri Exchanges MRC Yes Yes $10.60 $1.62 $8.98
N/A
Transfer Service N/A
Customer Transfer Service N/A
MO GTE 13-SHT 12 8 For former GTE North MRC Yes Yes $5.00 $0.77 $4.23
MO GTE 13-SHT 12 0 NRC NRC Yes No $13.30 N/A $13.30
MO GTE 13-SHT 12 0 Subsequent Line Charge, NRC NRC Yes No $6.65 N/A $6.65
MO GTE 13-SHT 12 8 For former GTE Missouri MRC Yes Yes $4.75 $0.73 $4.02
MO GTE 13-SHT 12 8 For former GTE Systems of Missouri MRC Yes Yes $6.00 $0.92 $5.08
MO GTE 13-SHT 12 8 For former GTE of Eastern Missouri MRC Yes Yes $6.50 $1.00 $5.50
N/A
INTRALATA LONG DISTANCE MESSAGE TELECOMMUNICATIONS
SERVICE N/A
GTE MIDWEST INCORPORATED PSC MO. NO. 3 N/A
OPERATOR SERVICE CHARGES N/A
MO GTE D-SHT 24 0 Dial Calling Card Station-to-Station, per call NRC Yes No $0.60 N/A $0.60
MO GTE D-SHT 24 0 Operator Station-to-Station, per call NRC Yes No $1.15 N/A $1.15
MO GTE D-SHT 24 0 Person-to-Person, per call NRC Yes No $2.40 N/A $2.40
MO GTE D-SHT 24 0 Line Status Verification, per call NRC Yes No $0.50 N/A $0.50
MO GTE D-SHT 24 0 Busy Interrupt, per call NRC Yes No $0.95 N/A $0.95
DAY MESSAGE RATES - Initial 1 Minute
MO GTE D-SHT 27 8 1-10 miles USAGE Yes Yes $0.0900 $0.01 $0.08
MO GTE D-SHT 27 8 11-14 miles USAGE Yes Yes $0.1200 $0.02 $0.10
MO GTE D-SHT 27 8 15-18 miles USAGE Yes Yes $0.1700 $0.03 $0.14
MO GTE D-SHT 27 8 19-23 miles USAGE Yes Yes $0.2300 $0.04 $0.19
MO GTE D-SHT 27 8 24-28 miles USAGE Yes Yes $0.3600 $0.06 $0.30
MO GTE D-SHT 27 8 29-33 miles USAGE Yes Yes $0.3900 $0.06 $0.33
MO GTE D-SHT 27 8 34-40 miles USAGE Yes Yes $0.4000 $0.06 $0.34
MO GTE D-SHT 27 8 41-50 miles USAGE Yes Yes $0.4200 $0.06 $0.36
MO GTE D-SHT 27 8 51-60 miles USAGE Yes Yes $0.4600 $0.07 $0.39
Page 22
111
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE D-SHT 27 8 61-80 miles USAGE Yes Yes $0.4700 $0.07 $0.40
MO GTE D-SHT 27 8 81-100 miles USAGE Yes Yes $0.4800 $0.07 $0.41
MO GTE D-SHT 27 8 101-125 miles USAGE Yes Yes $0.4800 $0.07 $0.41
MO GTE D-SHT 27 8 126-150 miles USAGE Yes Yes $0.5100 $0.08 $0.43
MO GTE D-SHT 27 8 Over 150 miles USAGE Yes Yes $0.5400 $0.08 $0.46
DAY MESSAGE RATES - Each Additional Minute
MO GTE D-SHT 27 8 1-10 miles USAGE Yes Yes $0.0800 $0.01 $0.07
MO GTE D-SHT 27 8 11-14 miles USAGE Yes Yes $0.1100 $0.02 $0.09
MO GTE D-SHT 27 8 15-18 miles USAGE Yes Yes $0.1400 $0.02 $0.12
MO GTE D-SHT 27 8 19-23 miles USAGE Yes Yes $0.1600 $0.02 $0.14
MO GTE D-SHT 27 8 24-28 miles USAGE Yes Yes $0.2000 $0.03 $0.17
MO GTE D-SHT 27 8 29-33 miles USAGE Yes Yes $0.2200 $0.03 $0.19
MO GTE D-SHT 27 8 34-40 miles USAGE Yes Yes $0.2400 $0.04 $0.20
MO GTE D-SHT 27 8 41-50 miles USAGE Yes Yes $0.2500 $0.04 $0.21
MO GTE D-SHT 27 8 51-60 miles USAGE Yes Yes $0.2700 $0.04 $0.23
MO GTE D-SHT 27 8 61-80 miles USAGE Yes Yes $0.3000 $0.05 $0.25
MO GTE D-SHT 27 8 81-100 miles USAGE Yes Yes $0.3100 $0.05 $0.26
MO GTE D-SHT 27 8 101-125 miles USAGE Yes Yes $0.3400 $0.05 $0.29
MO GTE D-SHT 27 8 126-150 miles USAGE Yes Yes $0.3600 $0.06 $0.30
MO GTE D-SHT 27 8 Over 150 miles USAGE Yes Yes $0.3600 $0.06 $0.30
EVENING MESSAGE RATES - Initial 1 Minute
(20% Reduction to DAY Rate)
MO GTE D-SHT 27 8 1-10 miles USAGE Yes Yes $0.0720 $0.01 $0.06
MO GTE D-SHT 27 8 11-14 miles USAGE Yes Yes $0.0960 $0.01 $0.08
MO GTE D-SHT 27 8 15-18 miles USAGE Yes Yes $0.1360 $0.02 $0.12
MO GTE D-SHT 27 8 19-23 miles USAGE Yes Yes $0.1840 $0.03 $0.16
MO GTE D-SHT 27 8 24-28 miles USAGE Yes Yes $0.2880 $0.04 $0.24
MO GTE D-SHT 27 8 29-33 miles USAGE Yes Yes $0.3120 $0.05 $0.26
MO GTE D-SHT 27 8 34-40 miles USAGE Yes Yes $0.3200 $0.05 $0.27
MO GTE D-SHT 27 8 41-50 miles USAGE Yes Yes $0.3360 $0.05 $0.28
MO GTE D-SHT 27 8 51-60 miles USAGE Yes Yes $0.3680 $0.06 $0.31
MO GTE D-SHT 27 8 61-80 miles USAGE Yes Yes $0.3760 $0.06 $0.32
MO GTE D-SHT 27 8 81-100 miles USAGE Yes Yes $0.3840 $0.06 $0.33
MO GTE D-SHT 27 8 101-125 miles USAGE Yes Yes $0.3840 $0.06 $0.33
MO GTE D-SHT 27 8 126-150 miles USAGE Yes Yes $0.4080 $0.06 $0.35
MO GTE D-SHT 27 8 Over 150 miles USAGE Yes Yes $0.4320 $0.07 $0.37
EVENING MESSAGE RATES - Each Additional Minute
(20% Reduction to DAY Rate)
MO GTE D-SHT 27 8 1-10 miles USAGE Yes Yes $0.0640 $0.01 $0.05
MO GTE D-SHT 27 8 11-14 miles USAGE Yes Yes $0.0880 $0.01 $0.07
MO GTE D-SHT 27 8 15-18 miles USAGE Yes Yes $0.1120 $0.02 $0.09
MO GTE D-SHT 27 8 19-23 miles USAGE Yes Yes $0.1280 $0.02 $0.11
MO GTE D-SHT 27 8 24-28 miles USAGE Yes Yes $0.1600 $0.02 $0.14
MO GTE D-SHT 27 8 29-33 miles USAGE Yes Yes $0.1760 $0.03 $0.15
MO GTE D-SHT 27 8 34-40 miles USAGE Yes Yes $0.1920 $0.03 $0.16
Page 23
112
GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE D-SHT 27 8 41-50 miles USAGE Yes Yes $0.2000 $0.03 $0.17
MO GTE D-SHT 27 8 51-60 miles USAGE Yes Yes $0.2160 $0.03 $0.18
MO GTE D-SHT 27 8 61-80 miles USAGE Yes Yes $0.2400 $0.04 $0.20
MO GTE D-SHT 27 8 81-100 miles USAGE Yes Yes $0.2480 $0.04 $0.21
MO GTE D-SHT 27 8 101-125 miles USAGE Yes Yes $0.2720 $0.04 $0.23
MO GTE D-SHT 27 8 126-150 miles USAGE Yes Yes $0.2880 $0.04 $0.24
MO GTE D-SHT 27 8 Over 150 miles USAGE Yes Yes $0.2880 $0.04 $0.24
NIGHT MESSAGE RATES - Initial 1 Minute
(35% Reduction to DAY Rate)
MO GTE D-SHT 27 8 1-10 miles USAGE Yes Yes $0.0585 $0.01 $0.05
MO GTE D-SHT 27 8 11-14 miles USAGE Yes Yes $0.0780 $0.01 $0.07
MO GTE D-SHT 27 8 15-18 miles USAGE Yes Yes $0.1105 $0.02 $0.09
MO GTE D-SHT 27 8 19-23 miles USAGE Yes Yes $0.1495 $0.02 $0.13
MO GTE D-SHT 27 8 24-28 miles USAGE Yes Yes $0.2340 $0.04 $0.20
MO GTE D-SHT 27 8 29-33 miles USAGE Yes Yes $0.2535 $0.04 $0.21
MO GTE D-SHT 27 8 34-40 miles USAGE Yes Yes $0.2600 $0.04 $0.22
MO GTE D-SHT 27 8 41-50 miles USAGE Yes Yes $0.2730 $0.04 $0.23
MO GTE D-SHT 27 8 51-60 miles USAGE Yes Yes $0.2990 $0.05 $0.25
MO GTE D-SHT 27 8 61-80 miles USAGE Yes Yes $0.3055 $0.05 $0.26
MO GTE D-SHT 27 8 81-100 miles USAGE Yes Yes $0.3120 $0.05 $0.26
MO GTE D-SHT 27 8 101-125 miles USAGE Yes Yes $0.3120 $0.05 $0.26
MO GTE D-SHT 27 8 126-150 miles USAGE Yes Yes $0.3315 $0.05 $0.28
MO GTE D-SHT 27 8 Over 150 miles USAGE Yes Yes $0.3510 $0.05 $0.30
NIGHT MESSAGE RATES - Each Additional Minute
(35% Reduction to DAY Rates)
MO GTE D-SHT 27 8 1-10 miles USAGE Yes Yes $0.0520 $0.01 $0.04
MO GTE D-SHT 27 8 11-14 miles USAGE Yes Yes $0.0715 $0.01 $0.06
MO GTE D-SHT 27 8 15-18 miles USAGE Yes Yes $0.0910 $0.01 $0.08
MO GTE D-SHT 27 8 19-23 miles USAGE Yes Yes $0.1040 $0.02 $0.09
MO GTE D-SHT 27 8 24-28 miles USAGE Yes Yes $0.1300 $0.02 $0.11
MO GTE D-SHT 27 8 29-33 miles USAGE Yes Yes $0.1430 $0.02 $0.12
MO GTE D-SHT 27 8 34-40 miles USAGE Yes Yes $0.1560 $0.02 $0.13
MO GTE D-SHT 27 8 41-50 miles USAGE Yes Yes $0.1625 $0.02 $0.14
MO GTE D-SHT 27 8 51-60 miles USAGE Yes Yes $0.1755 $0.03 $0.15
MO GTE D-SHT 27 8 61-80 miles USAGE Yes Yes $0.1950 $0.03 $0.17
MO GTE D-SHT 27 8 81-100 miles USAGE Yes Yes $0.2015 $0.03 $0.17
MO GTE D-SHT 27 8 101-125 miles USAGE Yes Yes $0.2210 $0.03 $0.19
MO GTE D-SHT 27 8 126-150 miles USAGE Yes Yes $0.2340 $0.04 $0.20
MO GTE D-SHT 27 8 Over 150 miles USAGE Yes Yes $0.2340 $0.04 $0.20
COMMUNITY OPTIONAL SERVICE (COS) -
Two Way Optional Toll
Rural
MO GTE F-SHT 35 8 Bus MRC Yes Yes $33.50 $5.14 $28.36
MO GTE F-SHT 35 8 Res MRC Yes Yes $16.00 $2.45 $13.55
Metropolitan - St. Louis/Kansas City
Page 24
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE F-SHT 35 8 Bus MRC Yes Yes $80.20 $12.29 $67.91
MO GTE F-SHT 35 8 Res MRC Yes Yes $37.80 $5.79 $32.01
Metropolitan - Springfield
MO GTE F-SHT 35 8 Bus MRC Yes Yes $50.50 $7.74 $42.76
MO GTE F-SHT 35 8 Res MRC Yes Yes $24.50 $3.76 $20.74
Noncontiguous Exhange Additive Charge
MO GTE F-SHT 36 8 Bus MRC Yes Yes $10.85 $1.66 $9.19
MO GTE F-SHT 36 8 Res MRC Yes Yes $5.15 $0.79 $4.36
OUTSTATE CALLING AREA (OCA) PLAN (23 Mile Radius)
2 Hour Block of Time
MO GTE G-SHT 46 8 Bus USAGE Yes Yes $10.80 $1.66 $9.14
MO GTE G-SHT 46 8 Res USAGE Yes Yes $9.60 $1.47 $8.13
0 Xxxx Xxxxx xx Xxxx
XX GTE G-SHT 46 8 Bus USAGE Yes Yes $24.50 $3.76 $20.74
MO GTE G-SHT 46 8 Res USAGE Yes Yes $21.85 $3.35 $18.50
Each Additional Minute
MO GTE G-SHT 46 8 Bus USAGE Yes Yes $0.0800 $0.01 $0.07
MO GTE G-SHT 46 8 Res USAGE Yes Yes $0.0700 $0.01 $0.06
GTE BETWEEN FRIENDS SERVICE
MO GTE H-SHT 50 8 One Hour Block of Time Residence USAGE Yes Yes $8.00 $1.23 $6.77
MO GTE H-SHT 50 8 Each Additional Minute USAGE Yes Yes $0.1300 $0.02 $0.11
GTE DISCOUNT CALLING PLANS
Plan 1 - 15% Discount of IntraLATA Toll
MO GTE I-SHT 55 8 Bus MRC Yes Yes $3.00 $0.46 $2.54
MO GTE I-SHT 55 8 Res MRC Yes Yes $1.00 $0.15 $0.85
Plan 2 - 25% Discount of IntraLATA Toll
MO GTE I-SHT 55 8 Bus MRC Yes Yes $10.00 $1.53 $8.47
MO GTE I-SHT 55 8 Res MRC Yes Yes $3.00 $0.46 $2.54
WIDE AREA TELECOMMUNICATIONS SERVICE (WATS) -
PSC MO. NO. 4
GTE MIDWEST INCORPORATED PSC MO. NO. 4
800 SERVICE
MO GTE D-SHT 17 8 Each IntraLATA Access Line MRC Yes Yes $35.50 $5.44 $30.06
MO GTE D-SHT 22 0 NRC NRC Yes No $121.00 N/A $121.00
Business DAY Rates
MO GTE D-SHT 20 8 First 9 Hours, each Hour USAGE Yes Yes $18.17 $2.79 $15.38
MO GTE D-SHT 20 8 Next 9 Hours, each Hour USAGE Yes Yes $17.94 $2.75 $15.19
MO GTE D-SHT 20 8 Next 17 Hours, each Hour USAGE Yes Yes $17.66 $2.71 $14.95
Page 25
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE D-SHT 20 8 Over 35 Hours, each Hour USAGE Yes Yes $17.50 $2.68 $14.82
EVENING Rates
MO GTE D-SHT 20 8 First 9 Hours, each Hour USAGE Yes Yes $15.19 $2.33 $12.86
MO GTE D-SHT 20 8 Next 9 Hours, each Hour USAGE Yes Yes $15.01 $2.30 $12.71
MO GTE D-SHT 20 8 Next 17 Hours, each Hour USAGE Yes Yes $14.78 $2.27 $12.51
MO GTE D-SHT 20 8 Over 35 Hours, each Hour USAGE Yes Yes $14.63 $2.24 $12.39
NIGHT/WEEKEND Rates
MO GTE D-SHT 20 8 First 9 Hours, each Hour USAGE Yes Yes $12.50 $1.92 $10.58
MO GTE D-SHT 20 8 Next 9 Hours, each Hour USAGE Yes Yes $12.36 $1.89 $10.47
MO GTE D-SHT 20 8 Next 17 Hours, each Hour USAGE Yes Yes $12.15 $1.86 $10.29
MO GTE D-SHT 20 8 Over 35 Hours, each Hour USAGE Yes Yes $12.04 $1.85 $10.19
OUTWARD WATS
MO GTE D-SHT 18 8 Each IntraLATA Access Line MRC Yes Yes $25.40 $3.89 $21.51
MO GTE D-SHT 22 0 NRC NRC Yes No $106.00 N/A $106.00
Business DAY Rates
MO GTE D-SHT 20 8 First 10 Hours, each Hour USAGE Yes Yes $18.11 $2.78 $15.33
MO GTE D-SHT 20 8 Next 10 Hours, each Hour USAGE Yes Yes $16.64 $2.55 $14.09
MO GTE D-SHT 20 8 Next 18 Hours, each Hour USAGE Yes Yes $16.42 $2.52 $13.90
MO GTE D-SHT 20 8 Over 38 Hours, each Hour USAGE Yes Yes $14.00 $2.15 $11.85
EVENING Rates
MO GTE D-SHT 20 8 First 10 Hours, each Hour USAGE Yes Yes $15.21 $2.33 $12.88
MO GTE D-SHT 20 8 Next 10 Hours, each Hour USAGE Yes Yes $13.98 $2.14 $11.84
MO GTE D-SHT 20 8 Next 18 Hours, each Hour USAGE Yes Yes $13.79 $2.11 $11.68
MO GTE D-SHT 20 8 Over 38 Hours, each Hour USAGE Yes Yes $11.76 $1.80 $9.96
NIGHT/WEEKEND Rates
MO GTE D-SHT 20 First 10 Hours, each Hour USAGE Yes Yes $12.42 $1.90 $10.52
MO GTE D-SHT 20 8 Next 10 Hours, each Hour USAGE Yes Yes $11.46 $1.76 $9.70
MO GTE D-SHT 20 8 Next 18 Hours, each Hour USAGE Yes Yes $11.32 $1.74 $9.58
MO GTE D-SHT 20 8 Over 38 Hours, each Hour USAGE Yes Yes $9.56 $1.47 $8.09
GTE BUSINESS / RESIDENCE LINE 800 SERVICE
GTE Business Line 800 Service
MO GTE J-SHT 31 8 Each 800 Number terminating on a Business Access Line MRC Yes Yes $10.00 $1.53 $8.47
MO GTE J-SHT 31 0 NRC NRC Yes No $10.00 N/A $10.00
MO GTE J-SHT 31 0 Each 800 Number Record Changed NRC Yes No $10.00 N/A $10.00
MO GTE J-SHT 31 8 Variable Call Destination Rate MRC Yes Yes $2.00 $0.31 $1.69
IntraLATA Usage Rates - All Times of Day
Month-by-Month (no contract)
MO GTE J-SHT 32 8 Usage per Hour, 0 to 10 Hours USAGE Yes Yes $12.00 $1.84 $10.16
MO GTE J-SHT 32 8 Greater than 10 Hours USAGE Yes Yes $11.00 $1.69 $9.31
One Year Contract
MO GTE J-SHT 32 8 Usage per Hour, 0 to 10 Hours USAGE Yes Yes $11.40 $1.75 $9.65
Page 26
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE J-SHT 32 8 Greater than 10 hours USAGE Yes Yes $10.45 $1.60 $8.85
Two Year Contract
MO GTE J-SHT 32 8 Usage per Hour, 0 to 10 Hours USAGE Yes Yes $10.83 $1.66 $9.17
MO GTE J-SHT 32 8 Greater than 10 Hours USAGE Yes Yes $9.72 $1.49 $8.23
Three Year Contract
MO GTE J-SHT 32 8 Usage per Hour, 0 to 10 Hours USAGE Yes Yes $10.07 $1.54 $8.53
MO GTE J-SHT 32 8 Greater than 10 Hours USAGE Yes Yes $9.23 $1.41 $7.82
GTE Residence Line 800 Service
MO GTE J-SHT 31 8 Each 800 Number terminating on a
Residence Access Line MRC Yes Yes $10.00 $1.53 $8.47
MO GTE J-SHT 31 0 NRC NRC Yes No $10.00 N/A $10.00
MO GTE J-SHT 31 0 Each 800 Number Record Changed NRC Yes No $10.00 N/A $10.00
MO GTE J-SHT 31 8 Variable Call Destination Rate MRC Yes Yes $2.00 $0.31 $1.69
IntraLATA Usage Rates - All Times of Day
Month-by-Month (no contract)
MO GTE J-SHT 32 8 Usage per Hour, 0 to 10 Hours USAGE Yes Yes $12.00 $1.84 $10.16
MO GTE J-SHT 32 8 Greater than 10 Hours USAGE Yes Yes $11.00 $1.69 $9.31
One Year Contract
MO GTE J-SHT 32 8 Usage per Hour, 0 to 10 Hours USAGE Yes Yes $11.40 $1.75 $9.65
MO GTE J-SHT 32 8 Greater than 10 Hours USAGE Yes Yes $10.45 $1.60 $8.85
Two Year Contract
MO GTE J-SHT 32 8 Usage per Hour, 0 to 10 Hours USAGE Yes Yes $10.83 $1.66 $9.17
MO GTE J-SHT 32 8 Greater than 10 Hours USAGE Yes Yes $9.72 $1.49 $8.23
Three Year Contract
MO GTE J-SHT 32 8 Usage per Hour, 0 to 10 Hours USAGE Yes Yes $10.07 $1.54 $8.53
MO GTE J-SHT 32 8 Greater than 10 Hours USAGE Yes Yes $9.23 $1.41 $7.82
INTRASTATE SPECIAL ACCESS SERVICES
GTE MIDWEST INCORPORATED PSC MO. NO. 2
MO GTE 5.6.9 0 SPECIAL ACCESS SURCHARGE MRC Yes No $25.00 N/A $25.00
N/A
VOICEBAND FACILITIES N/A
MO GTE 5.7.2(A) 0 Special Transport, 2-Wire and 4-Wire -
Per Mile MRC Yes No $5.19 N/A $5.19
MO GTE 5.7.2(A) 0 Special Access Line - Two Wire MRC Yes No $30.00 N/A $30.00
MO GTE 5.7.2(A) 0 Special Access Line - Four Wire MRC Yes No $58.20 N/A $58.20
MO GTE 5.7.2(A) 0 NRC 2-Wire and 4-Wire XXX NRC Yes No $200.00 N/A $200.00
Optional Arrangements N/A
Multipoint Data Bridging N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $8.00 N/A $8.00
Voice Conference Bridging N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $8.00 N/A $8.00
Alarm Distribution Bridging Common Equipment N/A
Page 27
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 5.7.2(B) 0 MRC MRC Yes No $30.00 N/A $30.00
Alarm Distribution Bridging Per Two-Wire Port N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $2.00 N/A $2.00
Conditioning Arrangements-Data Type C N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $11.86 N/A $11.86
Conditioning Arrangements-Data Type DA N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $2.00 N/A $2.00
Conditioning Arrangements-Data Type C Improv N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $30.00 N/A $30.00
MO GTE 5.7.2(B) 0 NRC NRC Yes No $3.00 N/A $3.00
Loop Signaling Range Extension, Per XXX N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $10.00 N/A $10.00
Loop or E&M to SF, Per XXX N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $16.00 N/A $16.00
E&M to DX, Per XXX N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $14.00 N/A $14.00
E&M to Loop, Per XXX N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $12.00 N/A $12.00
Loop or E&M to PCM, Per XXX N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $4.00 N/A $4.00
Automatic Ringdown, Per XXX N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $16.78 N/A $16.78
Echo Suppression, Per Circuit N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $30.00 N/A $30.00
Echo Canceller, Per Circuit N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $85.00 N/A $85.00
Voiceband Facility Switching Arrangement N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $7.00 N/A $7.00
Improved Return Loss N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $3.75 N/A $3.75
Improved Termination Option N/A
MO GTE 5.7.2(B) 0 MRC MRC Yes No $10.00 N/A $10.00
Improved Echo Level Echo Path Loss/XXX
MO GTE 5.7.2(B) 0 MRC MRC Yes No $3.75 N/A $3.75
PROGRAM AUDIO (200-3500HZ) FACILITIES
Special Transport, Per Airline Mile
MO GTE 5.7.3(A) 0 MRC MRC Yes No $5.02 N/A $5.02
MO GTE 5.7.3(A) 0 Daily Rate DRC Yes No $0.50 N/A $0.50
Special Access Line N/A
MO GTE 5.7.3(A) 0 MRC MRC Yes No $30.00 N/A $30.00
MO GTE 5.7.3(A) 0 Daily Rate DRC Yes No $3.00 N/A $3.00
MO GTE 5.7.3(A) 0 NRC NRC Yes No $200.00 N/A $200.00
Page 28
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
N/A
PROGRAM AUDIO (100-5000HZ) FACILITIES N/A
Special Transport, Per Airline Mile N/A
MO GTE 5.7.3(B) 0 MRC MRC Yes No $59.68 N/A $59.68
MO GTE 5.7.3(B) 0 Daily Rate DRC Yes No $5.97 N/A $5.97
Special Access Line N/A
MO GTE 5.7.3(B) 0 MRC MRC Yes No $41.00 N/A $41.00
MO GTE 5.7.3(B) 0 Daily Rate DRC Yes No $4.10 N/A $4.10
MO GTE 5.7.3(B) 0 NRC NRC Yes No $200.00 N/A $200.00
N/A
PROGRAM AUDIO (50-8000HZ) FACILITIES N/A
Special Transport, Per Airline Mile N/A
MO GTE 5.7.3(C) 0 MRC MRC Yes No $74.65 N/A $74.65
MO GTE 5.7.3(C) 0 Daily Rate DRC Yes No $7.47 N/A $7.47
Special Access Line N/A
MO GTE 5.7.3(C) 0 MRC MRC Yes No $42.00 N/A $42.00
MO GTE 5.7.3(C) 0 Daily Rate DRC Yes No $4.20 N/A $4.20
MO GTE 5.7.3(C) 0 NRC NRC Yes No $200.00 N/A $200.00
N/A
PROGRAM AUDIO (50-15000HZ) FACILITIES N/A
Special Transport, Per Airline Mile N/A
MO GTE 5.7.3(D) 0 MRC MRC Yes No $89.61 N/A $89.61
MO GTE 5.7.3(D) 0 Daily Rate DRC Yes No $8.96 N/A $8.96
Special Access Line N/A
MO GTE 5.7.3(D) 0 MRC MRC Yes No $60.42 N/A $60.42
MO GTE 5.7.3(D) 0 Daily Rate DRC Yes No $6.04 N/A $6.04
MO GTE 5.7.3(D) 0 NRC NRC Yes No $200.00 N/A $200.00
N/A
PROGRAM AUDIO Optional Arrangements N/A
Program Audio Bridging, Per Port - All Bandwidths N/A
MO GTE 5.7.3(F) 0 MRC MRC Yes No $19.15 N/A $19.15
MO GTE 5.7.3(F) 0 Daily Rate DRC Yes No $1.92 N/A $1.92
Conditioning-Zero Loss, Per XXX - All Bandwidths N/A
MO GTE 5.7.3(F) 0 MRC MRC Yes No $15.72 N/A $15.72
MO GTE 5.7.3(F) 0 Daily Rate DRC Yes No $1.57 N/A $1.57
Conditioning-Stereo Conditioning - 50-15000 Hz Only N/A
MO GTE 5.7.3(E) 0 MRC MRC Yes No $1.31 N/A $1.31
MO GTE 5.7.3(E) 0 Daily Rate DRC Yes No $0.13 N/A $0.13
N/A
DIGITAL DATA (2.4, 4.8, 9.6 56 KBPS) FACILITIES N/A
Special Transport, Per Airline Mile - All Speeds N/A
MO GTE 5.7.5(A) 0 MRC MRC Yes No $11.50 N/A $11.50
Special Access Line - 2.4, 4.8, 9.6 Kbps N/A
Page 29
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE 5.7.5(A) 0 MRC MRC Yes No $73.50 N/A $73.50
Special Access Line - 56 Kbps N/A
MO GTE 5.7.5(A) 0 MRC MRC Yes No $83.00 N/A $83.00
MO GTE 5.7.5(A) 0 NRC - All Speeds NRC Yes No $250.00 N/A $250.00
DDS Bridging N/A
MO GTE 5.7.5(B) 0 MRC MRC Yes No $11.00 N/A $11.00
N/A
MULTIPLEXING ARRANGEMENTS N/A
DS1 to Voice N/A
MO GTE 5.7.6 0 NRC NRC Yes No $800.00 N/A $800.00
MO GTE 5.7.6 0 MRC MRC Yes No $184.00 N/A $184.00
Digital Data Carrier Multiplexer-Common Equip N/A
MO GTE 5.7.6 0 NRC NRC Yes No $1,500.00 N/A $1,500.00
MO GTE 5.7.6 0 MRC MRC Yes No $550.00 N/A $550.00
Digital Data Subrate Multiplexer N/A
One 64 KBPS to Twenty 2.4 KBPS N/A
MO GTE 5.7.6 0 NRC NRC Yes No $800.00 N/A $800.00
MO GTE 5.7.6 0 MRC MRC Yes No $160.00 N/A $160.00
One 64 KBPS to Ten 4.8 KBPS N/A
MO GTE 5.7.6 0 NRC NRC Yes No $800.00 N/A $800.00
MO GTE 5.7.6 0 MRC MRC Yes No $120.00 N/A $120.00
One 64 KBPS to Five 9.6 KBPS N/A
MO GTE 5.7.6 0 NRC NRC Yes No $800.00 N/A $800.00
MO GTE 5.7.6 0 MRC MRC Yes No $100.00 N/A $100.00
N/A
HIGH CAP DIGITAL DS1 (1.544 MBPS) FACILITIES N/A
Special Access Line - First System N/A
MO GTE 5.7.7(A) 0 NRC NRC Yes No $900.00 N/A $900.00
MO GTE 5.7.7(A) 0 MRC MRC Yes No $295.00 N/A $295.00
Special Access Line - Each Add'l System N/A
MO GTE 5.7.7(A) 0 NRC NRC Yes No $130.00 N/A $130.00
MO GTE 5.7.7(A) 0 MRC MRC Yes No $150.00 N/A $150.00
Special Transport N/A
MO GTE 5.7.7(A) 0 Fixed - Monthly MRC Yes No $30.00 N/A $30.00
MO GTE 5.7.7(A) 0 Per Mile - Monthly MRC Yes No $21.60 N/A $21.60
OPTIONAL ARRANGEMENT N/A
Automatic Protection Switching N/A
MO GTE 5.7.7(B) 0 NRC NRC Yes No $700.00 N/A $700.00
MO GTE 5.7.7(B) 0 MRC MRC Yes No $100.00 N/A $100.00
METROLAN SPECIAL TRANSPORT
MO GTE 5.7.7(B) 0 MRC MRC Yes No $75.00 N/A $75.00
Page 30
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
NONRECURRING CHARGES
MO GTE 5.7.1 0 Sp Acc Ordering Charge - Initial, per order NRC Yes No $116.24 N/A $116.24
MO GTE 5.7.1 0 Sp Acc Ordering Charge - Subsequent, per order NRC Yes No $85.85 N/A $85.85
MO GTE 5.7.1 0 Design Change Charge, per order NRC Yes No $27.00 N/A $27.00
INTRALATA PRIVATE LINE AND DIGITAL DATA SERVICES
GTE MIDWEST INCORPORATED PSC MO. NO. 5
SERIES 100 METALLIC SERVICE
Type 102 -
Local Channel
MO GTE C-SHT 54 0 MRC MRC Yes Yes $17.65 $0.00 $17.65
MO GTE C-SHT 54 0 NRC NRC Yes No $240.00 N/A $240.00
Interoffice Channel Terminal N/A
MO GTE C-SHT 54 0 MRC MRC Yes Yes $11.10 $0.00 $11.10
Interexchange Channel Mileage N/A
MO GTE C-SHT 54 0 MRC MRC Yes Yes $0.50 $0.00 $0.50
Interexchange Channel Terminal N/A
MO GTE C-SHT 55 0 MRC MRC Yes Yes $33.65 $0.00 $33.65
Interexchange Channel Mileage N/A
MO GTE C-SHT 55 0 MRC 0-250 Miles MRC Yes Yes $3.65 $0.00 $3.65
MO GTE C-SHT 55 0 MRC Over 250 Miles MRC Yes Yes $1.00 $0.00 $1.00
N/A
SERIES 200 TELEGRAPH SERVICE N/A
Type 000 - X/X
Xxxxx Xxxxxxx X/X
XX GTE C-SHT 58 0 MRC - Half Duplex MRC Yes Yes $23.65 $0.00 $23.65
MO GTE X-XXX 00 0 XXX - Xxxx Xxxxxx MRC Yes Yes $41.20 $0.00 $41.20
MO GTE C-SHT 58 0 NRC MRC Yes No $300.00 N/A $300.00
Interoffice Channel Terminal N/A
MO GTE C-SHT 59 0 MRC - Half Duplex MRC Yes Yes $7.00 $0.00 $7.00
MO GTE X-XXX 00 0 XXX - Xxxx Xxxxxx MRC Yes Yes $7.00 $0.00 $7.00
Interoffice Channel Mileage N/A
MO GTE C-SHT 58 0 MRC - Half Duplex MRC Yes Yes $3.80 $0.00 $3.80
MO GTE X-XXX 00 0 XXX - Xxxx Xxxxxx MRC Yes Yes $6.75 $0.00 $6.75
Interexchange Channel Terminal N/A
MO GTE C-SHT 60 0 MRC - Half Duplex MRC Yes Yes $40.85 $0.00 $40.85
MO GTE X-XXX 00 0 XXX - Xxxx Xxxxxx MRC Yes Yes $41.75 $0.00 $41.75
Interexchange Channel Mileage N/A
MO GTE C-SHT 59 0 MRC - Half Duplex 0-250 miles MRC Yes Yes $1.80 $0.00 $1.80
MO GTE C-SHT 59 0 MRC - Half Duplex Over 250 mi MRC Yes Yes $0.90 $0.00 $0.90
MO GTE X-XXX 00 0 XXX - Xxxx Xxxxxx 0-250 miles MRC Yes Yes $1.80 $0.00 $1.80
MO GTE X-XXX 00 0 XXX - Xxxx Xxxxxx Over 250 mi MRC Yes Yes $0.90 $0.00 $0.90
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
Type 000 - X/X
Xxxxx Xxxxxxx X/X
XX GTE C-SHT 58 0 MRC - Half Duplex MRC Yes Yes $43.85 $0.00 $43.85
MO GTE X-XXX 00 0 XXX - Xxxx Xxxxxx MRC Yes Yes $59.90 $0.00 $59.90
MO GTE C-SHT 58 0 NRC NRC Yes No $300.00 N/A $300.00
Interoffice Channel Terminal N/A
MO GTE C-SHT 59 0 MRC - Half Duplex MRC Yes Yes $3.45 $0.00 $3.45
MO GTE X-XXX 00 0 XXX - Xxxx Xxxxxx MRC Yes Yes $3.45 $0.00 $3.45
Interoffice Channel Mileage N/A
MO GTE C-SHT 58 0 MRC - Half Duplex MRC Yes Yes $3.80 $0.00 $3.80
MO GTE X-XXX 00 0 XXX - Xxxx Xxxxxx MRC Yes Yes $6.75 $0.00 $6.75
Interexchange Channel Terminal N/A
MO GTE C-SHT 60 0 MRC - Half Duplex MRC Yes Yes $38.15 $0.00 $38.15
MO GTE X-XXX 00 0 XXX - Xxxx Xxxxxx MRC Yes Yes $38.15 $0.00 $38.15
Interexchange Channel Mileage N/A
MO GTE C-SHT 59 0 MRC - Half Duplex 0-250 miles MRC Yes Yes $2.45 $0.00 $2.45
MO GTE C-SHT 59 0 MRC - Half Duplex Over 250 miles MRC Yes Yes $1.50 $0.00 $1.50
MO GTE X-XXX 00 0 XXX - Xxxx Xxxxxx 0-250 miles MRC Yes Yes $2.45 $0.00 $2.45
MO GTE X-XXX 00 0 XXX - Xxxx Xxxxxx Over 250 mi MRC Yes Yes $1.50 $0.00 $1.50
N/A
SERIES 300 AND 400 VOICEBAND SERVICE N/A
Local Channel X/X
Xxxx 000 X/X
XX GTE C-SHT 71 0 MRC MRC Yes Yes $39.40 $0.00 $39.40
MO GTE X-XXX 00 0 XXX XXX Yes Yes $280.00 $0.00 $280.00
Type 000 X/X
XX GTE C-SHT 71 0 MRC MRC Yes Yes $61.25 $0.00 $61.25
MO GTE C-SHT 71 0 NRC NRC Yes No $270.00 N/A $270.00
Type 314A N/A
MO GTE C-SHT 71 0 MRC MRC Yes Yes $83.35 $0.00 $83.35
MO GTE C-SHT 71 0 NRC NRC Yes No $340.00 N/A $340.00
Type 000 X/X
XX GTE C-SHT 71 0 MRC MRC Yes Yes $66.40 $0.00 $66.40
MO GTE C-SHT 71 0 NRC NRC Yes No $270.00 N/A $270.00
Type 414B N/A
MO GTE C-SHT 71 0 MRC MRC Yes Yes $96.30 $0.00 $96.30
MO GTE C-SHT 71 0 NRC NRC Yes No $560.00 N/A $560.00
Type 414C N/A
MO GTE C-SHT 71 0 MRC MRC Yes Yes $55.85 $0.00 $55.85
MO GTE C-SHT 71 0 NRC NRC Yes No $440.00 N/A $440.00
Type 000 X/X
XX GTE C-SHT 71 0 MRC MRC Yes Yes $38.90 $0.00 $38.90
MO GTE C-SHT 71 0 NRC NRC Yes No $200.00 N/A $200.00
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
Type 417A N/A
MO GTE C-SHT 71 0 MRC MRC Yes Yes $98.30 $0.00 $98.30
MO GTE C-SHT 71 0 NRC NRC Yes No $410.00 N/A $410.00
Type 417B N/A
MO GTE C-SHT 71 0 MRC MRC Yes Yes $98.30 $0.00 $98.30
MO GTE C-SHT 71 0 NRC NRC Yes No $410.00 N/A $410.00
Type 000 X/X
XX GTE C-SHT 71 0 MRC MRC Yes Yes $63.45 $0.00 $63.45
MO GTE C-SHT 71 0 NRC NRC Yes No $290.00 N/A $290.00
Type 000 X/X
XX GTE C-SHT 71 0 MRC MRC Yes Yes $63.45 $0.00 $63.45
MO GTE C-SHT 71 0 NRC NRC Yes No $290.00 N/A $290.00
Type 000 X/X
XX GTE C-SHT 71 0 MRC MRC Yes Yes $32.95 $0.00 $32.95
MO GTE C-SHT 71 0 NRC NRC Yes No $280.00 N/A $280.00
Type 000 X/X
XX GTE C-SHT 71 0 MRC MRC Yes Yes $61.70 $0.00 $61.70
MO GTE C-SHT 71 0 NRC NRC Yes No $340.00 N/A $340.00
Type 000 X/X
XX GTE C-SHT 71 0 MRC MRC Yes Yes $45.85 $0.00 $45.85
MO GTE C-SHT 71 0 NRC NRC Yes No $270.00 N/A $270.00
Type 000 X/X
XX GTE C-SHT 71 0 MRC MRC Yes Yes $43.55 $0.00 $43.55
MO GTE C-SHT 71 0 NRC NRC Yes No $270.00 N/A $270.00
Type 000 X/X
XX GTE C-SHT 71 0 MRC MRC Yes Yes $49.70 $0.00 $49.70
MO GTE C-SHT 71 0 NRC NRC Yes No $500.00 N/A $500.00
Type 000 X/X
XX GTE C-SHT 71 0 MRC MRC Yes Yes $66.40 $0.00 $66.40
MO GTE C-SHT 71 0 NRC NRC Yes No $250.00 N/A $250.00
Interoffice Channel Terminal - All N/A
MO GTE C-SHT 72 0 MRC MRC Yes Yes $4.35 $0.00 $4.35
Interoffice Channel Mileage - All N/A
MO GTE C-SHT 72 0 MRC MRC Yes Yes $7.55 $0.00 $7.55
Interexchange Channel Terminal N/A
MO GTE C-SHT 73 0 Type 311 - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Type 312 - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Type 314A - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Type 320 - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Type 414B - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Type 414C - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Type 415 - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Type 417A - MRC MRC Yes Yes $27.90 $0.00 $27.90
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE C-SHT 73 0 Type 417B - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Type 420 - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Type 422 - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Type 423 - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Type 424 - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Type 425 - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Type 428 - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Type 432 - MRC MRC Yes Yes $31.90 $0.00 $31.90
MO GTE C-SHT 73 0 Type 435 - MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 73 0 Foreign Exchange - MRC MRC Yes Yes $27.90 $0.00 $27.90
Interexchange Channel Mileage - All N/A
MO GTE C-SHT 72 0 MRC 0-250 miles MRC Yes Yes $4.10 $0.00 $4.10
MO GTE C-SHT 72 0 MRC Over 250 miles NRC Yes No $1.05 N/A $1.05
Business Extension Line N/A
MO GTE C-SHT 74 0 MRC MRC Yes Yes $4.50 $0.00 $4.50
Bridging Charge N/A
MO GTE C-SHT 75 0 MRC MRC Yes Yes $7.55 $0.00 $7.55
Foreign Exchange Service N/A
Point of Termination in one fx N/A
MO GTE C-SHT 79 0 MRC 0-20 miles apart MRC Yes Yes $61.10 $0.00 $61.10
MO GTE C-SHT 79 0 MRC over 20 miles apart MRC Yes Yes $70.70 $0.00 $70.70
MO GTE C-SHT 79 0 NRC NRC Yes No $410.00 N/A $410.00
Point of Termination in two fx's N/A
MO GTE C-SHT 79 0 MRC MRC Yes Yes $109.95 $0.00 $109.95
MO GTE C-SHT 79 0 NRC NRC Yes No $410.00 N/A $410.00
Four-Wire Access Service Arrangement N/A
FX or FSO Four-Wire Service Access N/A
MO GTE C-SHT 81 0 MRC MRC Yes Yes $33.80 $0.00 $33.80
MO GTE C-SHT 81 0 NRC NRC Yes No $26.90 N/A $26.90
Signaling Options N/A
Manual N/A
MO GTE C-SHT 89 0 MRC MRC Yes Yes $26.25 $0.00 $26.25
MO GTE C-SHT 89 0 NRC NRC Yes No $65.00 N/A $65.00
Automatic N/A
MO GTE C-SHT 89 0 MRC MRC Yes Yes $27.90 $0.00 $27.90
MO GTE C-SHT 89 0 NRC NRC Yes No $65.00 N/A $65.00
Arranged for E & M Type Signaling N/A
Type 000 X/X
XX GTE C-SHT 89 0 MRC MRC Yes Yes $20.25 $0.00 $20.25
MO GTE C-SHT 89 0 NRC NRC Yes No $65.00 N/A $65.00
Type 000 X/X
XX GTE C-SHT 89 0 MRC MRC Yes Yes $20.25 $0.00 $20.25
MO GTE C-SHT 89 0 NRC NRC Yes No $65.00 N/A $65.00
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
Type 000 X/X
XX GTE C-SHT 89 0 MRC MRC Yes Yes $21.30 $0.00 $21.30
MO GTE C-SHT 89 0 NRC NRC Yes No $65.00 N/A $65.00
Type 000 X/X
XX GTE C-SHT 89 0 MRC MRC Yes Yes $21.60 $0.00 $21.60
MO GTE C-SHT 89 0 NRC NRC Yes No $65.00 N/A $65.00
Type 000 X/X
XX GTE C-SHT 89 0 MRC MRC Yes Yes $21.60 $0.00 $21.60
MO GTE C-SHT 89 0 NRC NRC Yes No $65.00 N/A $65.00
Type 000 X/X
XX GTE C-SHT 89 0 MRC MRC Yes Yes $21.60 $0.00 $21.60
MO GTE C-SHT 89 0 NRC NRC Yes No $65.00 N/A $65.00
Arranged for Loop Signaling X/X
Xxxx 000 X/X
XX GTE C-SHT 90 0 MRC MRC Yes Yes $33.25 $0.00 $33.25
MO GTE C-SHT 90 0 NRC NRC Yes No $65.00 N/A $65.00
Type 000 X/X
XX GTE C-SHT 90 0 MRC MRC Yes Yes $33.25 $0.00 $33.25
MO GTE C-SHT 90 0 NRC NRC Yes No $65.00 N/A $65.00
Type 000 X/X
XX GTE C-SHT 90 0 MRC MRC Yes Yes $34.15 $0.00 $34.15
MO GTE C-SHT 90 0 NRC NRC Yes No $65.00 N/A $65.00
Arranged for Loop Signaling X/X
Xxxx 000 X/X
XX GTE C-SHT 90 0 MRC MRC Yes Yes $17.55 $0.00 $17.55
MO GTE C-SHT 90 0 NRC NRC Yes No $65.00 N/A $65.00
Arranged for Loop Signaling / ohm Max X/X
Xxxx 000 X/X
XX GTE C-SHT 90 0 MRC MRC Yes Yes $21.60 $0.00 $21.60
MO GTE C-SHT 90 0 NRC NRC Yes No $65.00 N/A $65.00
Type A, B, and C Signaling Arrgments N/A
Type A N/A
MO GTE C-SHT 91 0 MRC MRC Yes Yes $8.40 $0.00 $8.40
MO GTE C-SHT 91 0 NRC NRC Yes No $30.00 N/A $30.00
Type B N/A
MO GTE C-SHT 91 0 MRC MRC Yes Yes $8.70 $0.00 $8.70
MO GTE C-SHT 91 0 NRC NRC Yes No $30.00 N/A $30.00
Type C N/A
MO GTE C-SHT 91 0 MRC MRC Yes Yes $3.55 $0.00 $3.55
MO GTE C-SHT 91 0 NRC NRC Yes No $1.05 N/A $1.05
Channel Conditioning Charge N/A
Type C1 N/A
2 point, not arranged for switch N/A
Page 35
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE C-SHT 92 0 MRC MRC Yes Yes $9.40 $0.00 $9.40
MO GTE C-SHT 92 0 NRC NRC Yes No $80.00 N/A $80.00
2 point arranged for switching N/A
MO GTE C-SHT 92 0 MRC MRC Yes Yes $17.00 $0.00 $17.00
MO GTE C-SHT 92 0 NRC NRC Yes No $80.00 N/A $80.00
Multipoint N/A
MO GTE C-SHT 92 0 MRC MRC Yes Yes $18.80 $0.00 $18.80
MO GTE C-SHT 92 0 NRC NRC Yes No $80.00 N/A $80.00
Type C2 N/A
2 point, not arranged for switch N/A
MO GTE C-SHT 92 0 MRC MRC Yes Yes $37.70 $0.00 $37.70
MO GTE C-SHT 92 0 NRC NRC Yes No $80.00 N/A $80.00
2 point arranged for switching N/A
MO GTE C-SHT 92 0 MRC MRC Yes Yes $56.45 $0.00 $56.45
MO GTE C-SHT 92 0 NRC NRC Yes No $80.00 N/A $80.00
Multipoint N/A
MO GTE C-SHT 92 0 MRC MRC Yes Yes $56.45 $0.00 $56.45
MO GTE C-SHT 92 0 NRC NRC Yes No $80.00 N/A $80.00
Type C4 N/A
2 point channel N/A
MO GTE C-SHT 92 0 MRC MRC Yes Yes $65.80 $0.00 $65.80
MO GTE C-SHT 92 0 NRC NRC Yes No $80.00 N/A $80.00
3 or 4 point channel N/A
MO GTE C-SHT 92 0 MRC MRC Yes Yes $84.70 $0.00 $84.70
MO GTE C-SHT 92 0 NRC NRC Yes No $80.00 N/A $80.00
Type C5 N/A
2 pt chan, not arnged for switch N/A
MO GTE C-SHT 92 0 MRC MRC Yes Yes $94.10 $0.00 $94.10
MO GTE C-SHT 92 0 NRC NRC Yes No $80.00 N/A $80.00
Type D1 N/A
MO GTE C-SHT 93 0 MRC MRC Yes Yes $11.35 $0.00 $11.35
MO GTE C-SHT 93 0 NRC NRC Yes No $80.00 N/A $80.00
Dataphone Select-a-Station Service N/A
PDSS - N/A
Sequen Arrangement, Common Equip N/A
MO GTE C-SHT 99 0 MRC MRC Yes Yes $119.60 $0.00 $119.60
Addressable Arrangemnt, Comm Equip N/A
MO GTE C-SHT 99 0 MRC MRC Yes Yes $152.85 $0.00 $152.85
Channel Connections - N/A
Per two-wire channel N/A
MO GTE C-SHT 99 0 MRC MRC Yes Yes $4.00 $0.00 $4.00
Per four-wire channel N/A
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE C-SHT 99 0 MRC MRC Yes Yes $13.60 $0.00 $13.60
SDSS - N/A
Sequential Arrangement, Com Equip N/A
MO GTE C-SHT 99 0 MRC MRC Yes Yes $119.60 N/A $119.60
Addressable Arrangement, Com Equip N/A
MO GTE C-SHT 99 0 MRC MRC Yes Yes $152.85 $0.00 $152.85
Channel Connections - N/A
Per two-wire channel N/A
MO GTE C-SHT 99 0 MRC MRC Yes Yes $4.00 $0.00 $4.00
Per four-wire channel N/A
MO GTE C-SHT 99 0 MRC MRC Yes Yes $13.60 $0.00 $13.60
SCU - N/A
Common Equipment - N/A
First SCU, for sequential oper N/A
MO GTE C-SHT 100 0 MRC MRC Yes Yes $66.45 $0.00 $66.45
MO GTE X-XXX 000 0 XXX XXX Yes No $14.00 N/A $14.00
First SCU, for addressable oper N/A
MO GTE C-SHT 100 0 MRC MRC Yes Yes $93.00 $0.00 $93.00
MO GTE X-XXX 000 0 XXX XXX Yes No $14.00 N/A $14.00
Additional SCU Connections N/A
For sequential operation N/A
MO GTE C-SHT 100 0 MRC MRC Yes Yes $15.65 $0.00 $15.65
MO GTE X-XXX 000 0 XXX XXX Yes No $14.00 N/A $14.00
For addressable operation N/A
MO GTE C-SHT 100 0 MRC MRC Yes Yes $39.85 $0.00 $39.85
MO GTE X-XXX 000 0 XXX XXX Yes No $14.00 N/A $14.00
Spare SCU Connection N/A
For sequential operation N/A
MO GTE C-SHT 100 0 MRC MRC Yes Yes $26.25 $0.00 $26.25
MO GTE X-XXX 000 0 XXX XXX Yes No $14.00 N/A $14.00
For addressable operation N/A
MO GTE C-SHT 100 0 MRC MRC Yes Yes $51.10 $0.00 $51.10
MO GTE X-XXX 000 0 XXX XXX Yes No $14.00 N/A $14.00
/A N/A
DIGITAL DATA TRANSMISSION SERVICE - GTE Midwest PSC MO NO 6 N/A
Local Channel N/A
2.4 Kbps N/A
MO GTE C-SHT 33 0 MRC MRC Yes Yes $55.00 $0.00 $55.00
MO GTE C-SHT 33 0 NRC NRC Yes No $71.00 N/A $71.00
4.8 Kbps N/A
MO GTE C-SHT 33 0 MRC MRC Yes Yes $55.00 $0.00 $55.00
MO GTE C-SHT 33 0 NRC NRC Yes No $71.00 N/A $71.00
9.6 Kbps N/A
Page 37
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE C-SHT 33 0 MRC MRC Yes Yes $55.00 $0.00 $55.00
MO GTE C-SHT 33 0 NRC NRC Yes No $71.00 N/A $71.00
/A 19.2 Kbps N/A
MO GTE C-SHT 33 0 MRC MRC Yes Yes $55.00 $0.00 $55.00
MO GTE C-SHT 33 0 NRC NRC Yes No $71.00 N/A $71.00
56 Kbps N/A
MO GTE C-SHT 33 0 MRC MRC Yes Yes $68.00 $0.00 $68.00
MO GTE C-SHT 33 0 NRC NRC Yes No $71.00 N/A $71.00
Interexchange Mileage N/A
Fixed Mileage N/A
2.4 Kbps N/A
MO GTE C-SHT 33 0 MRC MRC Yes Yes $25.00 $0.00 $25.00
4.8 Kbps N/A
MO GTE C-SHT 33 0 MRC MRC Yes Yes $25.00 $0.00 $25.00
9.6 Kbps N/A
MO GTE C-SHT 33 0 MRC MRC Yes Yes $25.00 $0.00 $25.00
/A 19.2 Kbps N/A
MO GTE C-SHT 33 0 MRC MRC Yes Yes $25.00 $0.00 $25.00
56 Kbps N/A
MO GTE C-SHT 33 0 MRC MRC Yes Yes $25.00 $0.00 $25.00
Per Mile Rate N/A
2.4 Kbps N/A
MO GTE C-SHT 33 0 MRC MRC Yes Yes $2.00 $0.00 $2.00
4.8 Kbps N/A
MO GTE C-SHT 33 0 MRC MRC Yes Yes $2.00 $0.00 $2.00
9.6 Kbps N/A
MO GTE C-SHT 33 0 MRC MRC Yes Yes $2.00 $0.00 $2.00
/A 19.2 Kbps N/A
MO GTE C-SHT 33 0 MRC MRC Yes Yes $2.00 $0.00 $2.00
56 Kbps N/A
MO GTE C-SHT 33 0 MRC MRC Yes Yes $2.00 $0.00 $2.00
Multistation Arrangement, Per Chan N/A
Connected at a Digital Hub N/A
MO GTE C-SHT 34 0 MRC MRC Yes Yes $12.00 $0.00 $12.00
/A N/A
WIDEBAND DIGITAL SERVICE/1.544 Mbps GTE Midwest PSC MO NO 6 N/A
Local Distribution Channel N/A
First Local Distribution Channel N/A
MO GTE D-SHT 43 0 MRC MRC Yes Yes $295.00 $0.00 $295.00
MO GTE D-SHT 43 0 NRC NRC Yes No $965.00 N/A $965.00
Each Additional Dist Channel N/A
MO GTE D-SHT 43 0 MRC MRC Yes Yes $150.00 $0.00 $150.00
MO GTE D-SHT 43 0 NRC NRC Yes No $128.00 N/A $128.00
Page 38
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
Interexch Interofc Channel N/A
Channel Terminal N/A
MO GTE D-SHT 44 0 NRC NRC Yes No $30.00 N/A $30.00
Channel Mileage, Per Xxxx
XX XXX X-XXX 00 0 XXX XXX Yes No $21.60 N/A $21.60
N/A
N/A
FRAME RELAY SERVICE GTE Midwest Inc - PSC MO NO 6 N/A
Frame Relay Service with Port and Access N/A
56 Kbps N/A
MO GTE X-XXX 00 0 XXX XXX Yes No $295.00 N/A $295.00
MO GTE F-SHT 90 0 Month to Month MRC Yes No $110.00 N/A $110.00
MO GTE F-SHT 90 0 One Year MRC Yes No $105.00 N/A $105.00
MO GTE F-SHT 90 0 Three Year MRC Yes No $95.00 N/A $95.00
MO GTE F-SHT 90 0 Five Year MRC Yes No $85.00 N/A $85.00
128 Kbps N/A
MO GTE X-XXX 00 0 XXX XXX Yes No $395.00 N/A $395.00
MO GTE F-SHT 90 0 Month to Month MRC Yes No $200.00 N/A $200.00
MO GTE F-SHT 90 0 One Year MRC Yes No $190.00 N/A $190.00
MO GTE F-SHT 90 0 Three Year MRC Yes No $175.00 N/A $175.00
MO GTE F-SHT 90 0 Five Year MRC Yes No $165.00 N/A $165.00
256 Kbps N/A
MO GTE X-XXX 00 0 XXX XXX Yes No $395.00 N/A $395.00
MO GTE F-SHT 90 0 Month to Month MRC Yes No $285.00 N/A $285.00
MO GTE F-SHT 90 0 One Year MRC Yes No $270.00 N/A $270.00
MO GTE F-SHT 90 0 Three Year MRC Yes No $255.00 N/A $255.00
MO GTE F-SHT 90 0 Five Year MRC Yes No $240.00 N/A $240.00
384 Kbps
MO GTE X-XXX 00 0 XXX XXX Yes No $395.00 N/A $395.00
MO GTE F-SHT 90 0 Month to Month MRC Yes No $365.00 N/A $365.00
MO GTE F-SHT 90 0 One Year MRC Yes No $345.00 N/A $345.00
MO GTE F-SHT 90 0 Three Year MRC Yes No $335.00 N/A $335.00
MO GTE F-SHT 90 0 Five Year MRC Yes No $320.00 N/A $320.00
1.544 Xxxx X/X
XX XXX X-XXX 00 0 XXX XXX Yes No $595.00 N/A $595.00
MO GTE F-SHT 90 0 Month to Month MRC Yes No $530.00 N/A $530.00
MO GTE F-SHT 90 0 One Year MRC Yes No $510.00 N/A $510.00
MO GTE F-SHT 90 0 Three Year MRC Yes No $490.00 N/A $490.00
MO GTE F-SHT 90 0 Five Year MRC Yes No $470.00 N/A $470.00
Frame Relay Service with Port Only N/A
56 Kbps N/A
MO GTE X-XXX 00 0 XXX XXX Yes No $95.00 N/A $95.00
MO GTE F-SHT 91 0 Month to Month MRC Yes No $45.00 N/A $45.00
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE F-SHT 91 0 One Year MRC Yes No $43.00 N/A $43.00
MO GTE F-SHT 91 0 Three Year MRC Yes No $41.00 N/A $41.00
MO GTE F-SHT 91 0 Five Year MRC Yes No $38.00 N/A $38.00
128 Kbps N/A
MO GTE X-XXX 00 0 XXX XXX Yes No $295.00 N/A $295.00
MO GTE F-SHT 91 0 Month to Month MRC Yes No $90.00 N/A $90.00
MO GTE F-SHT 91 0 One Year MRC Yes No $85.00 N/A $85.00
MO GTE F-SHT 91 0 Three Year MRC Yes No $80.00 N/A $80.00
MO GTE F-SHT 91 0 Five Year MRC Yes No $75.00 N/A $75.00
256 Kbps N/A
MO GTE X-XXX 00 0 XXX XXX Yes No $295.00 N/A $295.00
MO GTE F-SHT 91 0 Month to Month MRC Yes No $135.00 N/A $135.00
MO GTE F-SHT 91 0 One Year MRC Yes No $130.00 N/A $130.00
MO GTE F-SHT 91 0 Three Year MRC Yes No $120.00 N/A $120.00
MO GTE F-SHT 91 0 Five Year MRC Yes No $110.00 N/A $110.00
384 Kbps N/A
MO GTE X-XXX 00 0 XXX XXX Yes No $295.00 N/A $295.00
MO GTE F-SHT 91 0 Month to Month MRC Yes No $190.00 N/A $190.00
MO GTE F-SHT 91 0 One Year MRC Yes No $180.00 N/A $180.00
MO GTE F-SHT 91 0 Three Year MRC Yes No $170.00 N/A $170.00
MO GTE F-SHT 91 0 Five Year MRC Yes No $160.00 N/A $160.00
1.544 Xxxx X/X
XX XXX X-XXX 00 0 XXX XXX Yes No $495.00 N/A $495.00
MO GTE F-SHT 91 0 Month to Month MRC Yes No $300.00 N/A $300.00
MO GTE F-SHT 91 0 One Year MRC Yes No $285.00 N/A $285.00
MO GTE F-SHT 91 0 Three Year MRC Yes No $265.00 N/A $265.00
MO GTE F-SHT 91 0 Five Year MRC Yes No $245.00 N/A $245.00
Frame Relay XXX XXX X/X
XX XXX X-XXX 00 0 XXX XXX Yes No $20.00 N/A $20.00
MO GTE F-SHT 92 0 Month to Month MRC Yes No $8.00 N/A $8.00
MO GTE F-SHT 92 0 One Year MRC Yes No $7.00 N/A $7.00
MO GTE F-SHT 92 0 Three Year MRC Yes No $6.00 N/A $6.00
MO GTE F-SHT 92 0 Five Year MRC Yes No $5.00 N/A $5.00
Frame Relay NNI PVC N/A
MO GTE X-XXX 00 0 XXX XXX Yes No $20.00 N/A $20.00
MO GTE F-SHT 92 0 From 0 to 16 MRC Yes No $7.00 N/A $7.00
MO GTE F-SHT 92 0 From 17 to 32 MRC Yes No $9.00 N/A $9.00
MO GTE F-SHT 92 0 From 33 to 64 MRC Yes No $13.00 N/A $13.00
MO GTE F-SHT 92 0 From 65 to 128 MRC Yes No $22.00 N/A $22.00
MO GTE F-SHT 92 0 From 129 to 256 MRC Yes No $40.00 N/A $40.00
MO GTE F-SHT 92 0 From 257 to 384 MRC Yes No $58.00 N/A $58.00
MO GTE F-SHT 92 0 From 385 to 448 MRC Yes No $66.00 N/A $66.00
MO GTE F-SHT 92 0 From 449 to 512 MRC Yes No $75.00 N/A $75.00
Page 40
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
MO GTE F-SHT 92 0 From 513 to 768 MRC Yes No $110.00 N/A $110.00
MO GTE F-SHT 92 0 From 769 to 1024 MRC Yes No $146.00 N/A $146.00
MO GTE F-SHT 92 0 From 1025 to 1536 MRC Yes No $216.00 N/A $216.00
N/A
N/A
MetroLAN CDL Connect N/A
DS-3 CDL N/A
3 Year XXX X/X
XX XXX X-XXX 000 0 XXX XXX Yes No $3,000.00 N/A $3,000.00
MO GTE G-SHT 106 0 MRC MRC Yes No $1,350.00 N/A $1,350.00
5 Year XXX X/X
XX XXX X-XXX 000 0 XXX XXX Yes No $1,500.00 N/A $1,500.00
MO GTE G-SHT 106 0 MRC MRC Yes No $1,250.00 N/A $1,250.00
7 Year OPP N/A N/A
MO GTE G-SHT 106 0 MRC MRC Yes No $1,150.00 N/A $1,150.00
OC-3 N/A
3 Year XXX X/X
XX XXX X-XXX 000 0 XXX XXX Yes No $3,000.00 N/A $3,000.00
MO GTE G-SHT 106 0 MRC MRC Yes No $1,750.00 N/A $1,750.00
5 Year XXX X/X
XX XXX X-XXX 000 0 XXX XXX Yes No $1,500.00 N/A $1,500.00
MO GTE G-SHT 106 0 MRC MRC Yes No $1,600.00 N/A $1,600.00
7 Year OPP N/A
MO GTE G-SHT 106 0 MRC MRC Yes No $1,500.00 N/A $1,500.00
MetroLAN CO Connect N/A
MO GTE G-SHT 106 0 MRC MRC Yes No $60.00 N/A $60.00
MetroLAN Transport N/A
1.544 Mbps N/A
MO GTE G-SHT 107 0 3 Year OPP MRC Yes No $90.00 N/A $90.00
MO GTE G-SHT 107 0 5 Year OPP MRC Yes No $75.00 N/A $75.00
MO GTE G-SHT 107 0 7 Year OPP MRC Yes No $60.00 N/A $60.00
10 Mbps N/A
MO GTE G-SHT 107 0 3 Year OPP MRC Yes No $300.00 N/A $300.00
MO GTE G-SHT 107 0 5 Year OPP MRC Yes No $250.00 N/A $250.00
MO GTE G-SHT 107 0 7 Year OPP MRC Yes No $200.00 N/A $200.00
16 Mbps N/A
MO GTE G-SHT 107 0 3 Year OPP MRC Yes No $450.00 N/A $450.00
MO GTE G-SHT 107 0 5 Year OPP MRC Yes No $400.00 N/A $400.00
MO GTE G-SHT 107 0 7 Year OPP MRC Yes No $300.00 N/A $300.00
44.736 Mbps N/A
MO GTE G-SHT 107 0 3 Year OPP MRC Yes No $900.00 N/A $900.00
MO GTE G-SHT 107 0 5 Year OPP MRC Yes No $850.00 N/A $850.00
MO GTE G-SHT 107 0 7 Year OPP MRC Yes No $800.00 N/A $800.00
Page 41
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GTE TELEPHONE OPERATIONS HEADQUARTERS
RESALE PRODUCTS & SERVICES - STATE OF MISSOURI
Billing Resale Discount Retail Avoided Resale
ST CO TAR SEC Rule Service Description Type Position Position Rate Cost Rate
155 Mbps N/A
MO GTE G-SHT 107 0 3 Year OPP MRC Yes No $2,150.00 N/A $2,150.00
MO GTE G-SHT 107 0 5 Year OPP MRC Yes No $1,950.00 N/A $1,950.00
MO GTE G-SHT 107 0 7 Year OPP MRC Yes No $1,750.00 N/A $1,750.00
MetroLAN Service Activation N/A
DS-1 N/A
MO GTE G-SHT 108 0 3 Year OPP MRC Yes No $50.00 N/A $50.00
MO GTE G-SHT 108 0 5 Year OPP MRC Yes No $45.00 N/A $45.00
MO GTE G-SHT 108 0 7 Year OPP MRC Yes No $40.00 N/A $40.00
DS-3 N/A
MO GTE G-SHT 108 0 3 Year OPP MRC Yes No $170.00 N/A $170.00
MO GTE G-SHT 108 0 5 Year OPP MRC Yes No $150.00 N/A $150.00
MO GTE G-SHT 108 0 7 Year OPP MRC Yes No $130.00 N/A $130.00
Ethernet N/A
MO GTE G-SHT 108 0 3 Year OPP MRC Yes No $500.00 N/A $500.00
MO GTE G-SHT 108 0 5 Year OPP MRC Yes No $450.00 N/A $450.00
MO GTE G-SHT 108 0 7 Year OPP MRC Yes No $400.00 N/A $400.00
Token Ring N/A
MO GTE G-SHT 108 0 3 Year OPP MRC Yes No $500.00 N/A $500.00
MO GTE G-SHT 108 0 5 Year OPP MRC Yes No $450.00 N/A $450.00
MO GTE G-SHT 108 0 7 Year OPP MRC Yes No $400.00 N/A $400.00
MetroLAN Service Activations - Additional
MO GTE G-SHT 108 0 NRC NRC Yes No $130.00 N/A $130.00
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APPENDIX C
INTERCONNECTION, TELECOMMUNICATIONS SERVICES
AND FACILITIES AGREEMENT
BETWEEN
GTE MIDWEST INCORPORATED
GTE ARKANSAS INCORPORATED
AND
DIGITAL TELEPORT, INC.
AMENDMENT NO. _________
THIS AMENDMENT (herein so called) is made effective as of ___________, 199____,
by and between GTE Midwest Incorporated/GTE Arkansas Incorporated ("GTE") and
Digital Teleport, Inc. ("DTI"). GTE and DTI are sometimes referred to herein
collectively as the "Parties" and individually as a "Party." Either GTE or DTI
may be referred to as "Provider" or "Customer" as the context requires.
WHEREAS, Provider is providing to Customer and Customer is purchasing from
Provider those Services described in that certain Interconnection,
Telecommunications Services and Facilities Agreement for the State of
by and between GTE and DTI dated effective as of _______________, 199_____ (the
"Agreement"); and
WHEREAS, the Parties desire to amend the Agreement as provided in this
Amendment.
NOW, THEREFORE, in consideration of the terms and conditions contained in this
Amendment, the Parties agree as follows:
1.
2. ADDITIONAL SERVICES [IF APPLICABLE]
2.1 Provider agrees to provide to Customer and Customer agrees to purchase
from Provider the following services under the terms and conditions set
forth in the Agreement and within the service attachment listed below and
attached to this Amendment:
Service Attachment _______ - ______________
2.2 As of the effective date of this Amendment, and continuing through the
remaining term of the Agreement, ____________________________________ is
made a part of the Services provided under the Agreement and Service
Attachment _______ shall be deemed to be a Service Attachment to the
Agreement.
2.3 As of the effective date of this Amendment, and continuing through the
remaining term of the Agreement, Appendix B, Service Matrix, to the
Agreement is hereby deleted and Appendix B, Service Matrix, to this
Amendment is hereby inserted in lieu thereof to reflect the additional
Services and related Service Locations.
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3. SERVICE LOCATIONS [IF APPLICABLE]
3.1 Provider agrees to provide to Customer and Customer agrees to purchase
from Provider the following Services in the following locations:
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Service Location Services
(identified by (identified by
tandem serving IP Service Attachment
area) (identified by CLLI code) Number)
---------------------------------------------------------------------------------------
3.2 As of the effective date of this Amendment, the locations set forth in
Section 3.1 above shall be deemed Service Locations under the Agreement.
3.3 As of the effective date of this Amendment, and continuing through the
remaining term of the Agreement, Appendix B, Service Matrix, to the
Agreement is hereby deleted and Appendix B, Service Matrix, to this
Amendment is hereby inserted in lieu thereof to reflect additional Service
Locations.
4. INTERPRETATION
All capitalized terms used but not defined herein shall have the meanings
ascribed to such terms in the Agreement.
5. EFFECT
Except as modified herein, the Agreement shall remain in full force and
effect.
6. AUTHORITY
Each person whose signature appears below represents and warrants that he
or she has the authority to bind the Party on whose behalf he or she has
executed this Amendment.
7. MULTIPLE COUNTERPARTS
This Amendment may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which shall constitute but one
and the same instrument.
8. NO OFFER
Submission of this Amendment for examination or signature does not
constitute an offer by Provider for the provision of the products or
services described herein. This Amendment will be effective only upon
execution by both Provider and Customer.
IN WITNESS WHEREOF, the Parties have executed this Amendment on the date or
dates written below effective as of the date first above written.
GTE MIDWEST INCORPORATED DIGITAL TELEPORT, INC.
GTE ARKANSAS INCORPORATED
By By
-------------------------------- --------------------------------
Name Name
------------------------------ ------------------------------
Title Title
----------------------------- -----------------------------
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APPENDIX D
RATES AND CHARGES FOR
TRANSPORT AND TERMINATION OF TRAFFIC
General. The rates contained in this Appendix D are the rates as defined in
Article V and are subject to change resulting from future Commission or other
proceedings, including but not limited to any generic proceeding to determine
GTE's unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's interim
Universal Service Support Surcharge)), the establishment of a competitively
neutral universal service system, or any appeal or other litigation.
Each Party will xxxx the other Party as appropriate:
A. The Local Interconnection rate element that applies to Local
Traffic on a minute of use basis that each Party switches for
termination purposes at its wire centers. The local interconnection
rate is $0.0064061.
B. The Tandem Switching rate element that applies to tandem
routed Local Traffic on a minute of use basis. This rate includes
tandem transport, but does not include the local interconnection
charge. The tandem switching rate is $0.0022100.
C. The Common Transport Facility rate element that applies to
tandem routed Local Traffic on a per minute/per mile basis. The
Common Transport Facility rate is $0.0000029.
D. The Common Transport facility rate element that applies to tandem
routed Local Traffic on a per minute/per termination basis. The
Common Transport facility rate is $0.0001068.
D-1
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XXXXXXXX X
RATES AND CHARGES FOR LOCAL NUMBER PORTABILITY USING RCF
General. The rates contained in this Appendix E are as defined in Article V,
Section 7, and are subject to change resulting from future Commission or other
proceedings, including but not limited to any generic proceeding to determine
GTE's unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's interim
Universal Service Support Surcharge)), the establishment of a competitively
neutral universal service system, or any appeal or other litigation.
In addition, as defined in Article V, Section 3.2.3, the Party providing the
ported number will pay the other Party the rate per line per month for each
ported business line and the rate per line per month for each ported
residential line for the sharing of Access Charges on calls to ported numbers.
Business Rate Per Line Per Month: $10.32
Residential Rate Per Line Per Month: $4.59
SERVICE NUMBER PORTABILITY
Remote Call Forwarding $3.40 line/month
Simultaneous Call Capability $3.30 path/month
Non-recurring for Portability $10.50
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APPENDIX F
SERVICES AVAILABLE FOR RESALE
General. The rates contained in this Appendix F are based upon an avoided cost
discount from GTE's retail rates as provided in Article VI, Section 5.3 of the
Agreement to which this Appendix F is attached and are subject to change
resulting from future Commission or other proceedings, including but not
limited to any generic proceeding to determine GTE's unrecovered costs (e.g.,
historic costs, contribution, undepreciated reserve deficiency, or similar
unrecovered GTE costs (including GTE's interim Universal Service Support
Surcharge)), the establishment of a competitively neutral universal service
system, or any appeal or other litigation.
NON-RECURRING CHARGES FOR RESALE SERVICES
Initial Service Order, per order $41.50
Subsequent Service Order, per order $24.00
Installation, per line $25.50
Outside Facility Connection Charge, per order* $Tariffed
*This charge will apply when field work is required for establishment of new
resale service. The terms, conditions and rates that apply for this work are
described in GTE's retail local service tariffs.
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APPENDIX G
PRICES FOR UNBUNDLED ELEMENTS
General. The rates contained in this Appendix G are the rates as defined in
Article VII and are subject to change resulting from future Commission or other
proceedings, including but not limited to any generic proceeding to determine
GTE's unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's interim
Service Support Surcharge)), the establishment of a competitively neutral
universal service system, or any appeal or other litigation.
(1) Local Loops
Local Loop
2 Wire Loop $45.10
4 Wire Loop $63.60
Network Interface Device
Basic NID $1.80
12x NID $1.80
(2) Local Switching (Must purchase Port)
Ports
2 Wire Basic Port $4.20
DS-1 Port $108.00
Local Switching
Originating MOU $0.0064061
Terminating MOU $0.0064061
Intrastate End Office Switching
Originating MOU $0.0064061
Terminating MOU $0.0064061
Interconnection Charge $0.0024022
CCL
-Originating $0.0299013
-Terminating $0.0714142
Interstate End Office Switching
Originating MOU $0.0064061
Terminating MOU $0.0064061
Interconnection Charge $0.0024022
CCL
-Originating $0.0100000
-Terminating $0.0185608
(3) Features See Attached
(4) Dedicated Transmission Links
Entrance Facility
2 Wire Voice $32.00
4 Wire Voice $50.00
DS1 Standard 1st System $325.00
DS1 Standard Add'l System $150.00
DS3 Protected, Electrical $1,257.92
DS1 to Voice Multiplexing $195.00
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DS3 to Voice Multiplexing $490.00
Direct Trunked Transport
Voice Facility Per ALM $5.25
DS1 Facility Per ALM $5.50
DS1 Per Termination $40.00
DS3 Facility Per ALM $40.00
DS3 Per Termination $217.85
(5) Common/Shared Transmission Links
Transport Termination MOU/Term $0.0001068
Transport Facility MOU/Mile $0.0000029
(6) Tandem Switching MOU $0.0022100
(7) Databases and Signaling Systems
Signaling Links and STP
56 Kbps Links N/A
DS-1 Link N/A
Signal Transfer Point (STP) Port Term N/A
Call Related Databases
Line Information Database (ABS-Queries) $0.035
Line Information Database Transport (ABS-Queries) $0.0046
Toll Free Calling Database (DB800 Queries) $0.0079990
Non-Recurring Charges for Unbundled Services
Service Ordering (loop or port)
Initial Service Order, per order $47.25
Transfer of Service Charges, per order $16.00
Subsequent Service Order, per order $24.00
Customer Service Record Research, per request $5.25
Installation
Unbundled Loop, per loop $11.00
Unbundled Port, per port $11.00
Loop Facility Charge, per order $59.75
This charge will apply when field work is required for establishment of new unbundled
loop service.
Monthly Recurring Charge for EIS
DS0 Level Connection $2.93
DS1 Level Connection $6.62
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MISSOURI FEATURES
FEATURE NAME: GTE PROPOSED RATE:
1. Speed Call 8 (Changeable) $0.25
2. Speed Call 30 (Changeable) $0.25
3. Cancel Call Waiting $0.25
4. Call Forward Variable $0.25
5. Call Waiting $0.25
6. Dual Tone Multifrequency (DTMF) $0.25
7. Teen Service/Distinctive Ringing $0.25
8. Three-Way Calling $1.00
9. Account Codes For AFR $0.25
10. Add On - Consultation Hold - Incoming Only $0.25
11. Attendant BL Verification $1.25
12. Attendant camp-on (NonDL Console) $0.50
13. Attendant Conference $3.25
14. Attendant Position Busy $0.25
15. Attendant Recall from Satellite $1.75
16. Authorization Codes for AFR $0.25
17. Basic Business Group $3.00
18. Dual Tone Multifrequency (DTMF) $0.25
19. Station-to-Station Dialing (Intercom) $2.75
20. Business Group Automatic Callback (BGAC) $0.25
21. Call Forwarding Variable $0.25
22. Business Group - Speed Call - 8 $0.25
23. Business Group - Speed Call - 30 $0.25
24. Business Group - Three Way Calling (TWC) $1.00
25. Business Set Access To Paging $2.50
26. Business Set Call Grp Intercom $113.50
27. Code Calling $0.50
28. Call Forward Busy Line $0.25
29. Call Forward Don't Answer $0.25
30. Call Forward Fixed $0.25
31. Call Forwarding - Incoming Only $0.25
32. Call Flip/Flop $0.25
33. Call Forwarding - Within Group $0.25
34. Call Hold $0.25
35. Circular Hunting $0.25
36. Control of Facilities $0.25
37. Conference Calling 6 Way $3.25
38. Call Park $0.25
39. Call Pick-Up $0.25
40. Code Restrictions and Diversion $0.75
41. Call Transfer Individual - All Calls $0.25
42. Call Waiting Originating $0.25
43. Call Waiting Terminating $0.25
44. Direct Connect $0.25
45. Directed Call Pickup W/BI $0.25
46. Directed Call Pickup WO/BI $0.25
47. Dial Call Waiting $0.25
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MISSOURI FEATURES
FEATURE NAME: GTE PROPOSED RATE:
48. Remote Access to (Business Group) Features $0.25
49. Distinctive Ringing $0.25
50. Expensive Route Warning Tone $0.25
51. Fixed Night Service - Call Fwd $0.25
52. Fixed Night Service - Key $1.50
53. Fully Restricted (Orig/Term) $0.25
54. Facility Restriction Level $0.75
55. Foreign Exchange Facilities $0.50
56. Last Number Redial $0.25
57. Loud Speaker Paging $0.50
58. Make Busy Key $0.50
59. Music on Hold $0.25
60. Off-Hook Queuing $0.25
61. On-Hook Queuing $0.25
62. Preferential Multiline Hunting $0.25
63. Queuing $0.75
64. Recorded Telephone Dictation $0.75
65. Speed Calling Individual 1 Digit $0.25
66. Speed Calling Individual 2 Digit $0.25
67. Stop Xxxx Key $0.50
68. Special Intercept Announcements $14.25
69. SMDR To Customer Premise $19.50
70. Station Message Detail Recording - XXX $1.00
71. Station Restricted (Orig/Term) $0.25
72. Time of Day Routing Control $0.25
73. Toll Restricted Service $0.75
74. Two-way Splitting $0.25
75. Uniform Call Distribution (UCD) Hunting $0.25
76. Auto Alt Rt $0.50
77. Auto Rt Sel $0.50
78. Meet Me Conf $20.00
79. Auto Call Back $0.25
80. Anon Call Rej $0.25
81. Auto Recall $0.25
82. Call Num Deliver $0.25
83. Call Num Deliver Blk $0.25
84. Cust Ord. Trace $0.25
85. Dist Ring/VIP $0.25
86. Select Call Accept $0.25
87. Select Call Frwd $0.25
88. Select Call Reject $0.25
89. Select Call Wait $0.25
------------------------------------------ -------
TOTAL $212.50
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APPENDIX H
RATES AND CHARGES FOR 911/E911 ARRANGEMENTS
The following services are offered by GTE for purchase by DTI, where an
individual item is not superseded by a tariffed offering.
NRC MRC
------- -------
1. 9-1-1 Selective Router Map $125.00 n/a
Provided is a color map showing a
selective router's location and the GTE
central offices that send their 9-1-1 call
to it. The selective router and central
office information will include CLLI codes
and NPA/NXXs served. The map will include
boundaries of each central office and show
major streets and the county boundary.
Permission to reproduce within DTI for its
internal use is granted without further
fee. Non-tariffed price.
2. 9-1-1 Selective Router Pro-Rata Fee/trunk $0 $100.77
This fee covers the cost of selective
routing switch capacity per trunk to cover
investment to handle the additional
capacity without going to the 9-1-1
districts for additional funding.
3. PS ALI Software $790.80
a personal computer software program
running on Windows 3.1(TM) for formatting
subscriber records into NENA Version #2
format to create files for uploading to
GTE's ALI Gateway. Fee includes software,
warranty and 0 000 000-0000 support at no
additional cost.
4. ALI Gateway Service $135.00 $36.12
Interface for delivery of ALI records to
GTE's Data Base Management System. This
provides a computer access port for DTI to
transmit daily subscriber record updates
to GTE for loading into ALI databases. It
includes support at 0 000 000-0000 at no
additional cost.
5. 9-1-1 Interoffice Trunk Tariff Tariff
This is a tariffed offering, to be found
in each state's Emergency Number Service
Tariff.
6. ALI Database Tariff Tariff
This is a tariffed offering, to be found
in each state's Emergency Number Service
Tariff.
7. Selective Router Database per Record Charge Tariff Tariff
Fee for each ALI record used in a GTE
selective router. This is a tariffed
offering, to be found in each state's
Emergency Number Service Tariff.
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NRC MRC
------- -------
8. MSAG Copy
Production of one copy of a 9-1-1 Customer's Master
Street Address Guide, postage paid.
a. Copy provided in paper format $238.50 $54.00
b. Copy provided in flat ASCII file on a 3 1/2"
diskette $276.00 $36.00
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APPENDIX I
SERVICE ORDERING, PROVISIONING, BILLING AND MAINTENANCE
1. Service Ordering, Service Provisioning, and Billing Systems Generally.
The following describes generally the operations support systems that GTE
will use and the related functions that are available for ordering,
provisioning and billing for resold services, interconnection facilities
and services and unbundled network elements. Except as specifically
provided otherwise in this Agreement, service ordering, provisioning,
billing and maintenance shall be governed by the GTE Guide. Before orders
can be taken, DTI will provide GTE with its Operating Company Number
("OCN") and Company Code ("CC") as follows:
(a) The ALEC must provide their OCN (four-digit alpha-numeric
assigned by Bellcore or number administrator) on the ALEC Profile.
The GTE Guide provides the necessary information for the ALEC to
contact Bellcore to obtain the OCN. There are no optional fields on
the Profile.
(b) Before the Local Service Request ("LSR") and Directory
Service Request ("DSR") order forms can be processed DTI must
provide the OCN and Customer Carrier Name Abbreviation ("CCNA").
1.1 Operations Support Systems for Trunk-Side Interconnection
1.1.1 DTI will be able to order trunk-side interconnection
services and facilities from GTE through a direct electronic
interface over the GTE Network Data Mover ("NDM") in a
nondiscriminatory manner. Orders for trunk-side interconnection
will be initiated by an Access Service Request ("ASR") sent
electronically by DTI over the NDM. ASRs for trunk-side
interconnection will be entered electronically into GTE's Carrier
Access Management System ("CAMS") to validate the request, identify
any errors, and resolve any errors back to DTI. CAMS is a family of
GTE systems comprised primarily of EXACT/TUF, SOG/SOP, and CABS.
1.1.2 The use of CAMS to support DTI's requests for trunk-side
interconnection will operate in the following manner: GTE will
route the ASR through its data center to one of two National Access
Ordering Centers ("NACC"). The ASR will be entered electronically
into the EXACT/TUF system for validation and correction of errors.
Errors will be referred back to DTI. DTI then will correct any
errors that GTE has identified and resubmit the request to GTE
electronically through a supplemental ASR, without penalty or charge
(e.g., order modification charge) to DTI. Similarly, errors
committed by GTE subsequent to the receipt of a valid ASR from DTI
will be expeditiously identified and corrected by GTE without the
need for DTI's submission of a supplemental ASR. GTE then will
translate the ASR into a service order for provisioning and billing.
In order to convert the ASR into a service order, GTE personnel
must apply the necessary elements to provision the service and
include the billable elements necessary for GTE to xxxx DTI for the
services provided. This application also requires a determination
of the access tandem to end office relationships with the service
requested.
1.1.3 At the next system level, translated service orders will be
distributed electronically through the SOG/SOP systems to several
destinations. The SOG/SOP system will begin the actual provisioning
of the service for DTI. Other GTE provisioning systems are CNAS and
ACES. The GTE Database Administrative Group ("DBA")
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and the Special Services Control Center ("SSCC") will be the two
most important destinations at this level. The DBA location will
identify codes for the appropriate GTE switch in order to provide
the functions required by the ASR. The SSCC will provide the
engineering for the facilities over which the services will be
handled. Information from these two groups (and others) then will
be transmitted electronically to GTE's field service personnel
(Customer Zone Technicians or "CZTs") who will establish the trunks
and facilities, thus connecting the GTE facilities to a connecting
company, if one is required, and to DTI. GTE's CZTs also will
contact DTI directly to perform testing, and upon acceptance by DTI,
will make the necessary entries into the GTE system to complete the
order. The completed orders then will pass to GTE's Carrier Access
Billing System ("CABS") which will generate the xxxx to DTI. The
billing process under CABS requires coordination with several other
systems.
1.1.4 Billing for transport and termination services cannot be
accomplished without call records from GTE's central office
switches. Records of usage will be generated at GTE's end office
switches or the access tandems. Call usage records will be
transmitted electronically from GTE's switches through GTE's Billing
Intermediate Processor ("BIP"). This system will collect the call
records, perform limited manipulations to the record and transfer
them to a centralized data center where they will be processed
through the Universal Measurement System ("UMS") to determine the
validity and accuracy of the records. UMS also will sort the
records and send them to the CABS billing system, from which GTE
will produce a xxxx and send it to DTI.
1.2 Operations Support Systems for Resold Services and Unbundled Elements
1.2.1 DTI will also be able to order services for resale and
unbundled network elements, as well as interim number portability,
directly from GTE through an electronic interface. To initiate an
order for these services or elements, DTI will submit a Local
Service Request ("LSR") from its data center to GTE's Data Center
using the same electronic NDM interface used for trunk-side
interconnection. If no NDM interface exists or if DTI chooses to
establish a separate NDM interface, DTI must request an NDM
facility. For new entrants that elect not to interface
electronically, GTE will accommodate submission of LSR orders by
facsimile, E-mail, Internet or a dial NDM arrangement. An LSR is
very similar to an ASR, except that it will be used exclusively for
line-side interconnection requests. GTE will transfer LSRs to
GTE's NOMC centralized service order processing center
electronically.
1.2.2 Most LSRs will be used either to transfer an existing GTE
customer to DTI or to request service for a new customer who is not
an existing GTE customer. Depending on the situation, different
information will be required on the LSR. LSRs for a conversion of
a GTE local customer to DTI must include information relating to
all existing, new and disconnected services for that customer,
including the customer's name, type of service desired, location of
service and features or options the customer desires. DTI will be
able to obtain this customer information after GTE has received the
customer's written consent as specified in Article VI.3.3. For
service to a new customer who is not an existing GTE customer, the
LSR must contain the customer's name, service address, service
type, services, options, features and ALEC data. If known, the LSR
should include the telephone number and due date/desired due date.
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1.2.3 While DTI would have its own customer information and may
have the SAG/GTE products on tape from GTE, DTI would not have the
due date or new telephone number for new customers since that
information is contained in GTE's systems. Therefore, a process is
required to provide this information to DTI. GTE itself does not
have uniform access to this information electronically. Until GTE
and DTI have agreed and established electronic interfaces, DTI
agrees that an 800 number is the method that will be used. The 800
telephone number will connect DTI directly to GTE's NOMC service
representatives. When DTI receives a request for basic services
from a new local service customer, DTI will call GTE's NOMC through
the 800 number, and, while the new customer is on hold, GTE will
provide the due date for service and the new telephone number for
that customer. At the same time, DTI will give GTE the new
customer's name, service address and type of requested service
(i.e., X0, X0). GTE will enter that information into its SORCES or
SOLAR service ordering systems to be held in suspense until DTI
sends the confirming LSR. DTI will then return to its customer
holding on the line and provide the due date and new telephone
number.
1.2.4 After concluding the telephone call with the new customer,
DTI will complete a confirming LSR for the new service and send it
electronically to GTE's data center for processing. Upon receipt,
GTE will match the LSR with the service order suspended in GTE's
system, and if there is a match, GTE will process the LSR. After
the LSR is processed, GTE will transmit confirmation electronically
to DTI through the NDM that the LSR has been processed, providing a
record of the telephone number and due date. DTI will be required
to submit the confirming LSR by 12:00 p.m. each day local time, as
defined by the location of the service address. If DTI fails to
submit the LSR in a timely manner, the suspended LSR will be
considered in jeopardy, at which time GTE will assign a new due date
upon receipt of the delayed LSR for such customer requests and
notify DTI of the change.
1.2.5 Number assignments and due date schedules for services other
than single line service and xxxx groups up to 12 lines will be
assigned within approximately twenty-four (24) hours after GTE's
receipt of the LSR using the standard Local Confirmation ("LSC")
report sent electronically to DTI over the NDM, thereby providing a
record of the newly established due date. An exception would be a
multi-line xxxx group for 12 lines or fewer. The other numbers then
will be provided through the normal electronic confirmation process.
1.2.6 The processing of specifically requested telephone numbers
(called "vanity numbers") is as follows. GTE will work with DTI on
a real time interface to process vanity numbers while DTI's customer
is still on the line. If a number solution can be established
expeditiously, it will be done while the customer is still on the
line. If extensive time will be required to find a solution, GTE
service representatives will work with DTI representatives off line
as GTE would for its own customers. For all of this, the basic
tariff guidelines for providing telephone numbers will be followed.
1.2.7 Once the order for line-side interconnection service is
established, it is moved for provisioning to the next system level.
Here, GTE will validate and process the LSR to establish an account
for DTI and, if GTE continues to provide some residual services to
the customer, GTE will maintain a GTE account. In GTE's system,
GTE's account is called the Residual Account and DTI's account is
referred to as DTI Account. If any engineering for the service is
necessary, the account would be distributed to the SSCC. Otherwise,
it will be distributed for facility assignment.
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1.2.8 With the account established and any engineering and
facility assignment complete, GTE then will transmit electronically
a record to GTE's CZT field personnel if physical interconnection or
similar activity is required. The CZTs will provision the service
and then electronically confirm such provision in the SOLAR/SORCES
system when completed. The accounts then will be transmitted to
GTE's Customer Billing Services System ("CBSS"). GTE shall provide
to DTI a service completion report. Call records for actual service
provided to DTI's customers on GTE facilities will be transmitted
from GTE's switches through some usage rating systems (BIP, UMS),
screened and eventually delivered to CBSS for the generation of
bills.
1.2.9 CBSS is a different system than CABS, and it is the one that
GTE will utilize to produce the required bills for resold services,
unbundled elements and local number portability. CBSS will create a
xxxx to DTI for resold services and unbundled elements along with a
summary xxxx master. Daily unrated records for intraLATA toll usage
and local usage (in collect usage data will be provided on rated
basis) on DTI's accounts will be generated and transmitted
electronically to DTI.
1.2.10 On resold accounts, GTE will provide usage in EMR format per
existing file exchange schedules. The usage billing will be in
agreed upon level of detail for DTI to issue a xxxx to its end
users.
1.2.11 GTE will provide DTI with detailed monthly billing information in
a paper format until an agreed upon Electronic Data Interchange 811
electronic xxxx format is operational.
1.2.12 State or sub-state level billing will include up to ten (10)
summary xxxx accounts.
1.2.13 GTE accepts DTI's control reports and agrees to utilize industry
standard return codes for unbillable messages. Transmission will
occur via the NDM. Tape data will conform to Attachment "A" of the
LRDTR. Data will be delivered Monday through Friday except for
Holidays as agreed. Data packages will be tracked by invoice
sequencing criteria. GTE contacts will be provided for
sending/receiving usage files.
1.2.14 GTE will retain data backup for 45 Business Days. To the extent
this retention is exclusively for DTI, DTI shall reimburse GTE for
all expenses related to this retention.
1.2.15 In addition to the LSR delivery process, DTI will distribute
directory assistance and directory listing information (together
sometimes referred to hereafter as "DA/DL information") to GTE via
the LSR ordering process over the NDM. GTE will provide listings
service via its "listing continuity" offering.
1.2.16 Charges and credits for PIC changes ordered via an LSR will appear
on the wholesale xxxx. As DTI places a request for a PIC change via
LSR, the billing will be made on DTI account associated with each
individual end user. GTE will process all PIC changes from IXCs
that are received for DTI end users by rejecting back to the IXC
with DTI OCN. Detail is provided so that DTI can identify the
specific charges for rebilling to their end user.
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1.2.17 CMDS. The parties will provide for the distribution of intraLATA
CMDS incollect messages and/or selected local measured service
messages as follows:
1.2.17.1 Messages to be Screened. GTE receives CMDS I
transmissions containing intraLATA incollect messages
from the state RBOC CMDS host each business day. Per
DTI's request, GTE will screen the incollects by NPA and
line number and accumulate the Collect, Third Number
Billed and Credit Card (collectively called incollects)
messages in a data file. The screening will be for end
users who have chosen DTI as their local service
provider through a Resale or Unbundled Network
arrangement. The screened incollect messages and any
Local Measured Service (LMS) usage will be accumulated
and forwarded to DTI. The Parties will mutually agree
on the frequency of the data exchange and the method of
transmission (i.e., magnetic tape or direct electronic
transmission). GTE will forward the screened messages
in the industry standard EMR format. GTE intraLATA toll
messages that are recorded by GTE and dialed on a one
plus or zero plus basis are not part of this section and
will not be screened.
1.2.17.2 Compensation. GTE will xxxx DTI monthly for all
services related to the screening, accumulating,
processing and transmitting of incollect messages and
LMS usage, if applicable, at a reasonable and mutually
agreeable charge. In addition, any message processing
fee associated with DTI's incollect messages that are
charged to GTE by the CMDS Host will be passed on to DTI
on the monthly statement. All revenue, surcharges,
taxes and any other amounts due to the CMDS Host for
DTI's incollect messages will be billed on the monthly
statement. It is DTI's responsibility to xxxx and
collect all incollect and LMS amounts due from its end
users. The incollect and LMS revenue amounts that are
listed on the monthly invoice are payable to GTE in
total. The Parties agree that the arrangement for
invoicing the incollect and LMS revenue amounts due GTE
is not a settlement process with DTI.
1.2.17.3 Administration. The Parties agree to develop a
process whereby DTI's end user information is available
in a timely manner to allow GTE to build tables to
screen the CMDS incollect files and LMS files on behalf
of DTI.
1.2.18 Backbilling. GTE shall xxxx DTI on a timely basis. In no case
shall GTE xxxx DTI for previously unbilled charges that are for more
than one year prior to the current xxxx date.
1.3 Order Processing.
1.3.1 Order Expectations. DTI agrees to warrant to GTE that it is
a certified provider of telecommunications service. DTI will
document its Certificate of Operating Authority on DTI Profile and
agrees to update this DTI Profile as required to reflect its current
certification. The Parties agree to exchange and to update end user
contact and referral numbers for order inquiry, trouble reporting,
billing inquiries,
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and information required to comply with law enforcement and other
security agencies of the government. The Parties also agree to
exchange and to update internal order, repair and billing point of
contacts. Prior to submitting an order under this Agreement, DTI
shall obtain such documentation as may be required by state and
federal laws and regulations.
1.3.2 GTE shall provide DTI with a specified customer contact
center for purposes of placing service orders and coordinating the
installation of services. These activities shall be accomplished by
telephone call or facsimile until electronic interface capability
has been established. The Parties adopt the OBF LSR and DSR forms
for the ordering, confirmation and billing of resale and unbundled
services. The Parties adopt the OBF ASR forms for the ordering,
confirmation and billing of trunk-side interconnection.
1.3.3 GTE will process such service orders during normal operating
hours, at a minimum on each Business Day between the hours of 8 a.m.
to 8 p.m. Eastern Time and shall implement service orders within the
same time intervals used to implement service orders for similar
services for its own users.
1.3.4 GTE will provide current GTE customer proprietary network
information (name, address, telephone number and description of
services provided by GTE including PIC and white page directory
listing information) as provided in Article VI, Section 3. The
return of customer information will be via facsimile or via
electronic transmission.
1.3.5 Transfer Between Local Service Providers - GTE will provide
a displacement/out service report to a Local Service Provider (LSP)
whenever an end user leaves that LSP and procures service from
another LSP. When DTI end user changes to another LSP, GTE will
notify DTI when such activity occurs the day after completion or
within 48 hours of such disconnect.
2. Maintenance Systems.
2.1 General Overview
2.1.1 If DTI requires maintenance for its local service customers,
DTI will initiate a request for repair (sometimes referred to as a
"trouble report") by calling GTE's Customer Care Repair Center.
During this call, GTE service representatives will verify that the
end-user is DTI customer and will then obtain the necessary
information from DTI to process the trouble report. While DTI
representatives are still on the line, GTE personnel will perform an
initial analysis of the problem and remote line testing for resale
services. If engineered services are involved, the call will be
made to the GTE SSCC for handling. If no engineering is required
and the line testing reveals that the trouble can be repaired
remotely, GTE personnel will correct the problem and close the
trouble report while DTI representatives are still on the line. If
on-line resolution is not possible, GTE personnel will provide DTI
representatives a commitment time for repair, and the GTE personnel
then will enter the trouble ticket into the GTE service dispatch
queue. DTI's repair service commitment times will be within the
same intervals as GTE provides to its own end users. Maintenance
and repair of GTE facilities is the responsibility of GTE and will
be performed at no incremental charge to DTI. If, as a result of
DTI-initiated trouble report, trouble is found to be the
responsibility of DTI (e.g., non-network cause) GTE will charge DTI
for trouble isolation. DTI will have the ability to report
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trouble for its end users to appropriate trouble reporting centers
24 hours a day, 7 days a week. DTI will be assigned a customer
contact center when initial service agreements are made.
2.1.2 Repair calls to the SSCC for engineered services will be
processed in essentially the same manner as those by the GTE
Customer Care Center. GTE personnel will analyze the problem,
provide DTI representative with a commitment time while they are
still on the line, and then place the trouble ticket in the dispatch
queue.
2.1.3 GTE then will process all DTI trouble reports in the dispatch queue
along with GTE trouble reports in the order they were filed (first
in, first out), with priority given to out-of-service conditions.
If, at any time, GTE would determine that a commitment time given to
DTI becomes in jeopardy, GTE service representatives will contact
DTI by telephone to advise of the jeopardy condition and provide a
new commitment time.
2.1.4 Trouble reports in the dispatch queue will be transmitted
electronically to GTE CZT service technicians who will repair the
service problems and clear the trouble reports. For cleared DTI
trouble reports, GTE service technicians will make a telephone call
to DTI directly to clear the trouble ticket. GTE service
technicians will make the confirmation call to the telephone number
provided by DTI. If DTI is unable to process the call or places the
GTE technician on hold, the call will be terminated. To avoid
disconnect, DTI may develop an answering system, such as voice mail,
to handle the confirmation calls expeditiously.
2.1.5 GTE will provide electronic interface access to operation
support systems functions which provide the capability to initiate,
status and close a repair trouble ticket. GTE will not provide to
DTI real time testing capability on DTI end user services. GTE will
not provide to DTI an interface for network surveillance
(performance monitoring).
2.1.6 GTE will resolve repair requests by or for DTI local service
customers using GTE's existing repair system in parity with repair
requests by GTE end users. GTE will respond to service requests for
DTI using the same time parameters and procedures that GTE uses.
DTI then would call GTE's Customer Care Center or SSCC while the
customers were on hold.
2.2 Network Management Controls.
2.2.1 Network Maintenance and Management. The Parties will work
cooperatively to install and maintain a reliable network.
2.2.2 Neither Party shall be responsible to the other if necessary
changes in network configurations render any facilities of the other
obsolete or necessitate equipment changes.
2.2.3 Network Management Controls. Each Party shall provide a
24-hour contact number for Network Traffic Management issues to the
other's network surveillance management center. A fax number must
also be provided to facilitate event notifications for planned mass
calling events. Additionally, both Parties agree that they shall
work cooperatively that all such events shall attempt to be
conducted in such a manner as to avoid degradation or loss of
service to other end users. Each
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Party shall maintain the capability of respectively implementing
basic protective controls such as "Cancel To" and "Call Gap."
3. Electronic Interface. The Parties shall work cooperatively in the
implementation of electronic gateway access to GTE operational support
systems functions in the long-term in accordance with established industry
standards. DTI shall compensate GTE for the full costs including but not
limited to design, development, testing, implementation and deployment,
for access to GTE's Operational Support System functions. Where
subsequent parties request use of GTE's operation support systems, cost
recovery for such electronic interface systems shall be allocated among
all requesting users.
3.1 DTI shall have immediate access to the following OSS electronic
interfaces that will provide functionality to enable DTI to service
customers in an equal and non-discriminatory manner:
3.1.1 Pre-Order functions, e.g., TN Assignment, DD Reservation,
Address Validation, Product Availability, that are available on a
dial-up or dedicated basis using the Secure Integrated Gateway
System (SIGS).
3.1.2 Order functions that are available on a dial-up or dedicated
basis using CONNECT: Mail file transfer.
3.1.3 Repair functions, e.g., trouble report repair functions, to
allow DTI to determine status and close trouble reports.
3.1.4 Electronic transfer of DTI xxxx in electronic data 811
format.
3.2 DTI may migrate to fully interactive system to system interconnectivity.
GTE, with input from DTI and other carriers, shall provide general
interface specifications for electronic access to this functionality.
These specifications will be provided to enable DTI to design system
interface capabilities. Development will be in accordance with applicable
national standards committee guidelines. Such interfaces will be
available as expeditiously as possible.
3.3 All costs and expenses for any new or modified electronic interfaces
exclusively to meet DTI requirements that GTE determines are technically
feasible and GTE agrees to develop will be paid by DTI. Costs for
development of systems intended for common use by competing carriers will
be assessed based on a mutually agreed method of cost recovery.
3.4 DTI shall be responsible for modifying and connecting any of its
pre-ordering and ordering systems with GTE provided interfaces as
described in this Appendix.
4. GTE Initiated Electronic System Redesigns. GTE will not charge DTI when
GTE initiates its own electronic system redesigns/reconfigurations.
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APPENDIX J
SS7 SERVICES
ARTICLE 1.
DEFINITIONS
In addition to the definitions contained elsewhere in the Agreement to which
this Appendix J is attached and made a part, for purposes of this Appendix J
the following terms shall have the following meanings.
1.1 "A" Link: An access signaling link that connects SPs and/or SSPs to
STPs.
1.2 "B" Link: A bridge signaling link that connects two (2) sets or pairs of
STPs, not the STPs within a mated pair, but on the same hierarchical
level.
1.3 Compatibility Testing: Certification testing performed by
representatives of GTE and DTI to ensure proper interconnection of CCS
network facilities for accurate transmission of system signals and
messages. This certification testing shall be performed in accordance
with the following ANSI documents:
T1.234 Telecommunications - Signaling System Number 7 (SS7) - MTP
Levels 2 and 3 Compatibility Testing (ATIS)
T1.235 Telecommunications - Signaling System Number 7 (SS7) - SCCP
Class 0 Compatability Testing (ATIS)
T1.236 Telecommunications - Signaling System Number 7 (SS7) - ISDN
User Part Compatibility Testing (ATIS)
1.4 Service: The service described in Article 2 of this Appendix.
1.5 Signaling Link: An end-to-end high-capacity data link (56 kbps) that
transmits supervision and control signals from one network SS7 node to
another in a CCS network. The link type identifies the functionality of
the signaling link sets. The two link types associated with the Service
are "a" Links and "B" Links.
1.6 Signaling Point Code (SPC): A code that identifies the Signaling Point
address in the CCS network. Signaling Point Codes consist of three (3)
segments of three (3) digits each, identifying the network ID, network
cluster, and cluster member, respectively.
1.7 Signaling Point of Interface (SPOI): The point at which GTE hands off
signaling information to DTI.
ARTICLE 2.
SERVICE DESCRIPTION
2.1 Provision. Subject to the terms and conditions of this Appendix, GTE
agrees to provide the Service to DTI.
2.2 Interconnection. This Agreement is for DTI's interconnection with GTE at
GTE's STPs to support local exchange
services. DTI shall not submit signaling messages in support of
interexchange services.
2.3 Service. The "Service" consists of the following:
(a) Interconnection of GTE's CCS/SS7 network to DTI's CCS/SS7
network is via an "a" Link connection between DTI's SP or SSP and
GTE's STP. The "a" Link connection is made by a
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dedicated 56 kbps channel between the SP or SSP and the STP. Any
connection from an SSP or an SP to an STP pair will have a link to
each individual STP (i.e., two (2) links). DTI and GTE shall
mutually agree upon the location of the SPOI.
(b) Interconnection of GTE's CCS/SS7 network to DTI's CCS/SS7
network via a "B" Link connection between DTI's STPs and GTE's STPs.
The "B" Link connection is a dedicated 56 kbps channel.
Connections between two (2) pairs of STPs will have four (4)
connections; i.e., one (1) link from each individual STP to each
individual STP. DTI and GTE shall mutually agree upon the location
of the SPOI.
(c) Local and IntraLATA call set-up signaling, allowing DTI to
use the out-of-band trunk signaling provided by GTE's CCS/SS7
network to carry its calls on the intraLATA toll network.
(d) The Service shall include access to: (1) all switching
systems served by a given STP which have been converted to SS7
signaling, including switching systems owned by other local service
providers; (2) databases directly connected to a given STP, with the
exception of 800/888 databases which can be accessed through any
STP; (3) other local service provider STPs on an intraLATA basis;
and (4) other Third Party local service provider STPs on an
intraLATA basis.
(e) It is the responsibility of DTI to populate the "privacy
indicator" portion of all SS7 signaling messages forwarded to GTE's
network. GTE agrees to deliver the information forwarded by DTI in
the SS7 signaling message. DTI, by entering into this Agreement,
agrees to deliver "privacy indicator" information forwarded by GTE
in its signaling message.
(f) DTI acknowledges that call set-up times may be greater when
DTI employs intermediate access tandems (IATs) in its network.
(g) If selected on the order form attached to this Appendix, the
Service shall also include IXC call set-up signaling service (ISUP)
as described in Article 2.4 of this Appendix. Additional charges as
set forth in Exhibit A shall apply.
2.4 ISUP Service Charge. This is an optional service that allows DTI to
utilize SS7 signaling to an SS7 capable interexchange carrier (IXC) for
Feature Group D access service and other intraLATA interexchange services.
The ISUP service is a monthly charge.
(a) The rate for ISUP signaling is per connection in situations
when GTE does not provide any underlying call messages for DTI on
GTE's network trunks. The rate for ISUP signaling is shown in
Exhibit a.
(b) Where GTE has a mated pair of STPs and has CCS/SS7
interconnection facilities to an IXC within the same LATA, for
interexchange telecommunications services, GTE shall provide call
set-up signaling between DTI and the IXC.
(c) DTI agrees to provide to GTE such information as deemed
necessary by GTE for network planning in connection with this
offering and as may be requested by GTE from time to time.
(d) DTI must provide the Signaling Point Codes of the IXCs for
which it is providing call setup via GTE's SS7 signaling network, so
that GTE screening and translation tables can be updated.
2.5 Technical Specifications. The technical specifications for the Services
described above are defined in Bellcore TR-TSV-000905. GTE will provide
SS7 via OR-394-SS7 and/or OR-317-SS7 format(s).
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2.6 Other Services. If DTI desires to order SS7-related services other than
the Service, such services will be governed by separate agreements.
2.7 Applicable Traffic. The Service applies to the traffic of DTI and its
subtending LECs only. DTI must provide GTE with thirty (30) calendar
days' written notice and a letter of agency before the traffic of any
party other than DTI or its subtending LECs may be transmitted through
DTI's facilities on to GTE's SS7 network.
ARTICLE 3.
MANNER OF PROVISIONING
3.1 Link Facilities. The link facilities to GTE STPs in the same LATA can be
either:
(a) "a" Link sets from DTI's SP or SSP. A minimum of two (2)
links is required, one (1) from the SP or SSP to each STP; or,
(b) "B" Link sets from DTI's STPs that are connected to GTE's
mated pairs of STPs. A minimum of four (4) links is required
between the two (2) pairs of STPs.
3.2 Port Termination. An STP port termination is required for each 56 kbps
access link utilized for the Service. STP locations are set forth in the
National Exchange Carrier Association, Inc. (NECA) Tariff, F.C.C. No. 4.
3.3 Signaling Point Codes. GTE shall install all applicable Signaling Point
codes for each signaling link at each of GTE's interconnecting STPs.
3.4 Protocol. GTE shall provision the Service in accordance with ANSI T1.226
Telecommunications - Operations, Administration, Maintenance, and
Provisioning (OAM&P) -Management of functions for Signaling System No. 7
(SS7) Network Interconnections (ATIS) with the exception of references to
OMAP protocol elements. The Service cannot be established until
Compatibility Testing has been successfully completed between DTI and GTE.
3.5 56 kbps Channel. Unless DTI elects to provide such links, GTE shall
provide two (2) or four (4) 56 kbps circuits as link facilities at rates
set forth in Article 4 herein. If approved by GTE, DTI may utilize a 56
kbps channel of an intraLATA DS1 (1.544 mbps) facility, which is in place
at the time of ordering, as an "A" Link or a "B" Link, for the STP access
connection between the SPOI and GTE's STP. WHEN THIS OPTION IS CHOSEN,
DTI UNDERSTANDS AND ACCEPTS THAT THE SERVICE PERFORMANCE STANDARDS AS
OUTLINED IN BELLCORE DOCUMENT TR-TSV-000905 MAY NOT BE MET IN THE
PROVISION OF THE TOTAL SERVICE. If such a channel is not utilized, DTI
must order DS1 (1.544 Mbps) service.
3.6 Multiplexing. Where technically required, GTE shall provide multiplexing
arrangements to DTI at no charge.
3.7 Diversity. Where technically feasible and not unreasonably economically
burdensome, GTE agrees to allow interoffice and intraoffice diversity.
ARTICLE 4.
RATES AND CHARGES
4.1 Payment. DTI agrees to pay to GTE for the Service at the rates and
charges set forth in Exhibit A attached to this Appendix and made a part
hereof.
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4.2 Period. Subject to Article 4.3 below, the rates and charges shall remain
in effect and are firm for a period of twelve (12) months from the
effective date of this Appendix. Thereafter, GTE shall give DTI sixty
(60) calendar days' notice of any price change. If the new prices are not
acceptable to DTI, DTI may terminate this Appendix upon thirty (30)
calendar days' advance written notice without penalties for either Party.
4.3 Rate Basis. The rates are based upon rates and charges reflected in
GTE's approved CCS/SS7 interconnection tariffs. To the extent that tariff
rates are adjusted, rates and charges for similar rate elements in this
Appendix will be adjusted accordingly on the date the new tariff rates
become effective. If a state or federal regulatory agency requires, or
GTE elects, to offer the Service by tariff, the tariff shall supersede
this Appendix. If the Service becomes tariffed, DTI has the right to
terminate this Appendix upon sixty (60) calendar days' advance written
notice effective on the effective date of such tariff, without penalty to
either Party.
4.4 Mileage. Mileage is calculated on the airline distance between the
locations involved, using the V&H coordinates method, as set forth in the
National Exchange Carrier Association, Inc. Tariff, F.C.C. No. 4.
4.5 Rates and Charges. Rates and charges for each component of the Service
are described as follows:
(a) "A" Link connection - Charges for the "a" Link connection to
GTE's CCS/SS7 network consist of the STP port termination charges.
(1) The STP port termination charges are for the
termination of a 56 kbps channel at each STP from DTI's SSP or
SP.
(2) DTI will lease facilities between its SSPs/SPs
and GTE's STPs.
(b) "B" Link connection - Charges for the "B" Link connection to
GTE's CCS/SS7 network consist of the STP port termination charges.
(1) The STP port termination charges are for the
termination of a 56 kbps channel at each STP from DTI's STPs.
(2) DTI and GTE shall mutually agree upon the rates
for "B" Link interconnections within thirty (30) calendar days
of the execution of this Agreement.
(c) STP Interconnection nonrecurring charge - STP interconnection
nonrecurring charge shall apply for each "A" Link and "B" Link
interconnection to GTE's SS7 network.
4.6 Rearrangement. Charges for rearrangement of the Service that are not
specifically addressed will be determined by GTE on an individual case
basis.
4.7 Applicable Traffic. The rates apply only to the traffic of DTI and its
subtending LECs. Any traffic from any other party will be subject to
additional charges.
ARTICLE 5.
ORDERING THE SERVICE
5.1 Order. To order the Service, DTI shall submit a completed CCS/SS7 Order
Form to GTE. DTI may change its Service order by submitting a new Order
Form which shall be effective when executed by both Parties. Service
shall be implemented for DTI thirty (30) calendar days after the execution
of this Agreement by both Parties.
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5.2 Port Terminations. GTE shall reserve STP port terminations only upon
receipt of a fully executed copy of this Agreement and the Order Form
referred to in this Appendix. GTE shall reserve ports on a first come,
first served basis. Should DTI fail to use a port within sixty (60)
Business Days of availability, GTE may reassign the port and, DTI must
resubmit an Order Form for interconnection.
ARTICLE 6.
RESPONSIBILITIES OF GTE
6.1 Managing the Network. GTE is responsible for managing the network
provided by GTE as part of the Service and applying protective controls
which it can invoke as a result of occurrences including, but not limited
to, failure or overload of GTE or DTI facilities due to natural disasters,
mass calling or national security demands.
6.2 Performance Standards. GTE is responsible for meeting service
performance standards as outlined in Bellcore TR-TSV-000905 except as
otherwise provided herein.
6.3 Invoice. GTE shall include with the monthly invoice such data GTE and
DTI mutually agree is necessary for DTI to verify the accuracy of the
billing it receives from GTE for the Service.
ARTICLE 7.
RESPONSIBILITIES OF DTI
7.1 Signaling Link. DTI shall provision the signaling links from its
premises to the SPOIs in a manner technically compatible to the GTE
network.
7.2 Privacy Indicator. DTI shall populate the "privacy indicator" portion of
the CCS/SS7 initial address message forwarded to GTE's network for call
processing.
7.3 Accuracy of Information. DTI shall verify the accuracy of information
provided by DTI concerning the Service ordered by DTI.
7.4 Forecast. DTI shall furnish to GTE, at the time the Service is ordered
and annually thereafter, an updated three year forecast of usage for the
56 kbps channel and the STP port termination for each STP pair. The
forecast shall include total annual volume and busy hour busy month
volume. GTE shall utilize the forecast in its own efforts to project
further facility requirements.
7.5 Changes. DTI agrees to inform GTE in writing at least thirty (30)
Business Days in advance of any change in its use of the Service that
alters by ten percent (10%) or more for any thirty (30) day period the
volume of signaling transactions to be forwarded to GTE's CCS/SS7 network.
DTI will provide the reason for the change in volume by individual SS7
service.
ARTICLE 8.
SIGNALING POINT CODES
8.1 Interconnection. DTI may utilize either the GTE CCS/SS7 network SPC or
its own SPC for interconnection purposes when interconnecting its SPs or
SSPs at the "A" Link level. DTI shall utilize its own SPC when
interconnecting its STP at the "B" Link level. DTI agrees to obtain its
own initial SPC if it has short or long range plans to provide its own
STPs.
8.2 SPC. When the SPC is utilized, GTE shall be responsible for DTI code
assignment. When DTI obtains its own SPC, DTI shall be responsible for
code assignments and shall be responsible for notifying GTE and other
CCS/SS7 network providers of such assignments.
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8.3 SPC Change. Due to the complexities and potential DTI signaling network
downtime required for changing working SPCs, DTI agrees to give GTE a
written notice of an SPC change as soon as possible but no later than
thirty (30) Business Days prior to the effective date of the SPC change.
ARTICLE 9.
MONTHLY BILLING
Billing statements shall be rendered monthly by GTE to DTI. The monthly charge
shall be the total of all monthly rate element charges associated with the
Service. Payment to GTE for bills rendered to DTI shall be due thirty (30)
calendar days after receipt of the invoice and DTI agrees to pay all billed
amounts. Beginning the day after the due date of the xxxx, interest charges of
twelve per cent (12%) per annum or the maximum allowed by law, whichever is
less, shall be added to DTI's xxxx. Payments shall be applied to the oldest
outstanding amounts first.
ARTICLE 10.
LIABILITY AND INDEMNIFICATION
10.1 Release from Liability. Each Party releases the other from any liability
for loss or damage arising out of errors, interruptions, defects,
failures, delays, or malfunctions of the Service, including any and all
associated equipment and data processing systems, not caused by gross
negligence or willful misconduct. Any losses or damages for which either
Party is held liable under this Agreement shall in no event exceed the
amount of the charges for the Service during the period beginning at the
time notice of the error, interruption, defect, failure, or malfunction is
received, to the time Service is restored.
10.2 Limitation of Liability. IN ADDITION TO THE LIMITATION OF LIABILITY SET
FORTH AT SECTION 24.4 OF ARTICLE III OF THE AGREEMENT, NEITHER PARTY SHALL
BE LIABLE FOR ANY LOSS OF REVENUE OR PROFIT OR FOR ANY LOSS OR DAMAGE
ARISING OUT OF THIS AGREEMENT OR OUT OF THE USE OF THE CCS OR ANY OF THE
SERVICES PROVIDED UNDER THIS AGREEMENT THAT IS SUFFERED BY THE OTHER
PARTY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND WHETHER OR NOT INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NEITHER PARTY SHALL BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
10.3 Third Parties. Each Party agrees to release, defend, indemnify, and hold
harmless the other Party from and against any and all losses, damages, or
other liability, including reasonable attorneys' fees, that it may incur
as a result of claims, demands, wrongful death actions, or other suits
brought by third parties, arising out of the use of the Service and
resulting from the gross negligence or willful misconduct by the
indemnifying Party, its employees, agents, or contractors in the
performance of this Agreement. In addition, to the extent that the
Parties' interests do not conflict, DTI shall defend GTE against all end
users' claims just as if DTI had provided such service to its end users
with its own employees. In any event, DTI shall assert its tariff
limitation of liability for the benefit of both GTE and DTI.
10.4 Infringement. Each Party agrees to release, defend, indemnify, and hold
harmless the other Party from and against any claim, demands or suit that
asserts any infringement or invasion of privacy or confidentiality of any
person(s), caused or claimed to be caused, directly or indirectly, by the
indemnifying Party's employees or equipment associated with provision of
the Service. This includes, but is not limited to, suits arising from
disclosure of any customer-specific information associated with either the
originating or terminating numbers used to provision the Service.
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10.5 No Warranties. IN ADDITION TO THE DISCLAIMER SET FORTH AT SECTION 24.3
OF ARTICLE III OF THE AGREEMENT, NEITHER GTE NOR DTI MAKES ANY
REPRESENTATIONS OR WARRANTIES TO THE OTHER OR TO ANY THIRD PARTY
CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES PROVIDED UNDER OR IN
CONNECTION WITH THIS APPENDIX, THAT THE SERVICES PROVIDED UNDER THIS
APPENDIX WILL BE ERROR FREE OR THAT THE FACILITIES WILL OPERATE WITHOUT
INTERRUPTION. GTE AND DTI DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OR
GUARANTEE OF MERCHANTABILITY OR FITNESS FOR a PARTICULAR PURPOSE, ARISING
FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR FROM USAGES OF TRADE.
ARTICLE 11.
RESERVATION OF RIGHTS
11.1 Rights Reserved. By entering into this Appendix to the Agreement,
neither Party waives, releases or compromises any rights it may have to
argue, in any federal or state regulatory proceeding (or in any judicial
appeal following such a proceeding), in support of, or in opposition to
any position, including but not limited to: (a) Accounting for
deregulated (or detariffed) data base services; (b) removal from regulated
accounts of expenses and investment associated with deregulated (or
detariffed) data base services; and (c) any other issue pertinent to
regulation or deregulation of costs which were, are now, or may in the
future be, associated with the provisions of data base services. Each
Party expressly reserves all its rights in connection with such matters.
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EXHIBIT A
RATES AND CHARGES
for Interconnection at
GTE's - , STP
RATES & CHARGES
Rate Element Nonrecurring Monthly
1. STP Port Termination for an N/a N/a
"A" Link Per Port
2. STP Port Termination for a "B" N/a N/a
Link Per Port
3. 56 Kbps Digital Facility N/a N/a
Dedicated Switched Access
Transport Per Airline Mile
4. 56 Kbps Dedicated Switched N/a N/a
Access Line
5. 1.544 Mbps (DS1) High Capacity N/a N/a
Digital Facility Dedicated
Switched Access Transport Per
Airline Mile
6. 1.544 Mbps (DS1) Dedicated N/a N/a
Switched Access Line
7. Facility Charge for "B" Links N/a N/a
8. ISUP Charge per Interconnection N/a N/a
8.1 For ISUP Service an additional SCP charge shall apply per interconnection.
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APPENDIX K
POLE ATTACHMENT AGREEMENT
1. Parties.
This agreement (Agreement) is between GTE __________________ INCORPORATED,
a State of __________________________________ corporation having its
principal office at ________________ ("GTE"), and ***, a corporation of
the State of __________________, having its principal office at __________
("Licensee").
2. Definitions.
2.1 "GTE's poles" or "GTE pole(s)" means a pole or poles solely owned by GTE,
jointly owned by GTE and another entity, and space on poles obtained by
GTE through arrangements with the owner(s) thereof.
2.2 "Telecommunications Services" means the offering of telecommunications
for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilities
used.
2.3 "Cable Television Services" means the transmission to subscribers of
off-the-air pickup of broadcast signals or the transmission, without
separate charge, of locally originated closed circuit television to the
subscribers of off-the-air service.
2.4 "Attachments" means the equipment reasonably required by Licensee to
provide its Telecommunications Services or Cable Television Services that
is placed on GTE's poles.
2.5 "Make-Ready Work" means all work, including, but not limited to,
rearrangement, removal, or transfer of existing attachments, placement,
repair, or replacement of poles, or any other changes required to
accommodate the Licensee's Attachments on a pole.
2.6 "Hazardous Materials" means (i) any substance, material or waste now or
hereafter defined or characterized as hazardous, extremely hazardous,
toxic or dangerous within the meaning of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended, or any
similar law, ordinance, statute, rule or regulation of any governmental
body or authority, (ii) any substance, material or waste now or hereafter
classified as a contaminant or pollutant under any law, ordinance,
statute, rule or regulation of any governmental body or authority or (iii)
any other substance, material or waste, the manufacture, processing,
distribution, use, treatment, storage, placement, disposal, removal or
transportation of which is now or hereafter subject to regulation under
any law, ordinance, statute, rule or regulation of any governmental body
or authority.
2.7 "Attachment Fee" means the fee assessed per pole and paid by Licensee to
place Attachments on GTE's poles.
3. Purpose.
3.1 Licensee represents to GTE that Licensee has a need to occupy, place and
maintain Attachments on GTE's poles for the purpose of providing
Telecommunications Services.
3.2 GTE agrees to permit Licensee to occupy, place and maintain its
Attachments on such GTE poles as GTE may allow pursuant to the terms of
this Agreement.
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4. Grant of License.
GTE grants to Licensee and Licensee accepts from GTE a non-exclusive
revocable license to occupy, place and maintain in a designated space on
specified GTE poles Licensee's Attachments on the terms and conditions
set forth herein. Licensee shall have no further right, title, or other
interest in connection with GTE's poles. GTE shall have the right to
grant, renew or extend privileges to others not parties to this Agreement
to occupy, place or maintain Attachments on or otherwise use any or all
GTE poles. Nothing herein is intended to, nor should it be construed to
require GTE to construct or modify any facilities not needed for its own
service requirements. GTE grants this license in reliance on the
representation of Licensee that Licensee intends to provide
Telecommunications Services with the Attachments covered by this
Agreement.
5. Term.
Subject to the termination provisions contained in this Agreement, the
term of this Agreement shall be two (2) years from the effective date
referenced in the first paragraph of this Agreement and shall continue in
effect for consecutive one (1) year terms until either Party gives the
other Party at least ninety (90) calendar days written notice of
termination, which termination shall be effective at the end of the
then-current term. In the event notice is given less than ninety (90)
calendar days prior to the end of the current term, this Agreement shall
remain in effect for ninety (90) calendar days after such notice is
received, provided, that in no case shall the term be extended beyond
ninety (90) calendar days after the end of the current term.
6. Pole Attachment Requests (PARs).
6.1 Licensee shall submit a written Pole Attachment Request ("PAR") to GTE
identifying the GTE poles upon which it desires to place Attachments.
Each PAR shall be in a form specified by GTE and may be revised from time
to time by GTE. All PARs submitted to GTE shall be processed on a first
come, first served basis. GTE, in its sole judgment, will determine the
availability of space on the GTE pole(s) specified in the PAR and will
provide its response to the PAR within thirty (30) Business Days of its
submission. Upon approval of the PAR, GTE shall return one copy thereof
to Licensee bearing an endorsement acknowledging GTE's authorization. All
Attachments placed on GTE's poles pursuant to an approved PAR shall become
subject to all of the terms and conditions of this Agreement. Licensee
may submit subsequent PARs for approval by GTE as needed. GTE is under no
obligation to provide general information respecting the location and
availability of GTE poles, except as may be necessary to process a PAR.
No Attachment shall be placed on any GTE pole identified in a PAR until
that PAR has been approved by GTE.
6.2 Licensee shall pay GTE a fee for processing a PAR to compensate GTE for
the general administrative costs as well as the actual engineering costs
reasonably incurred. The fee for engineering costs shall be computed by
multiplying the fully loaded hourly rate for an engineer times the number
of hours reasonably required by each engineer to inspect the GTE poles
included in the PAR. GTE will charge its then current rates for
administrative and engineering costs, as may be changed from time to time
by GTE to remain consistent with prevailing costs.
6.3 Upon receiving an approved PAR, Licensee shall have the right, subject to
the terms of this License, to place and maintain the facilities described
in the PAR in the space designated on the GTE poles identified therein.
6.4 In the event Make-Ready Work is necessary to accommodate Licensee's
Attachments, GTE shall notify Licensee of such fact and provide Licensee
with a good faith estimate of the total cost of such Make-Ready Work
needed to accommodate Licensee's Attachments. Within fifteen (15)
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days after receiving such notice from GTE, Licensee shall notify GTE
either (1) that Licensee shall pay all of the costs actually incurred to
perform the Make-Ready Work and shall pay the total estimated amount to
GTE at least ten (10) days prior to the date the Make-Ready Work is to
begin or (2) that it desires to cancel its PAR.
6.5 GTE shall not be responsible to Licensee for any loss sustained by
Licensee by reason of the refusal or failure of any other party with
attachments on GTE's poles to rearrange or modify its attachments as may
be required to accommodate Licensee's Facilities.
6.6 Licensee is not authorized and shall have no right to place facilities on
any GTE pole unless that GTE pole is identified in an approved PAR.
7. Availability of Information Regarding Space on Poles.
GTE will provide information regarding the availability of pole space
within thirty (30) Business Days of a written request by Licensee.
Because GTE will endeavor to determine available space as quickly as
possible, a shorter interval may be experienced for requests of a limited
scope where physical field verification is not necessary. In the event
the thirty (30) Business Day time frame cannot be met, GTE shall so
advise Licensee and shall seek a mutually satisfactory alternative
response date. No representation regarding the availability of space
shall be made in the absence of a physical field verification.
8. Authority to Place Attachments.
8.1 Before Licensee places any Attachments on GTE's poles pursuant to an
approved PAR, Licensee shall submit evidence satisfactory to GTE of its
authority to erect and maintain the facilities to be placed on GTE's poles
within the public streets, highways and other thoroughfares or on private
property. Licensee shall be solely responsible for obtaining all
rights-of-way, easements, licenses, authorizations, permits and consents
from federal, state and municipal authorities or private property owners
that may be required to place Attachments on GTE's poles. In the event
Licensee must obtain any additional easements, permits, approvals,
licenses and/or authorizations from any governmental authority or private
individual or entity in order to utilize GTE's poles under an approved
PAR, GTE shall, upon Licensee's request, provide written confirmation of
its consent to Licensee's utilization of poles in a particular location in
accordance with this Agreement, if needed by Licensee to obtain such
additional approvals or authorizations. GTE shall also provide maps or
drawings of its facilities' locations to the extent reasonably required by
such governmental authority or private individual or entity for purposes
of considering or granting Licensee's request to it for authority or
approval.
8.2 GTE shall not unreasonably intervene in or attempt to delay the granting
of any rights-of-way, easements, licenses, authorizations, permits and
consents from federal, state or municipal authorities or private property
owners that may be required for Licensee to place its Attachments on GTE's
poles.
8.3 If any right-of-way, easement, license, authorization, permit or consent
obtained by Licensee is subsequently revoked or denied for any reason,
Licensee's permission to attach to GTE's poles shall terminate immediately
and Licensee shall promptly remove its Attachments. Should Licensee fail
to remove its Attachments within one hundred twenty (120) days of
receiving notice to do so from GTE, GTE shall have the option to remove
all such Attachments and store them in a public warehouse or elsewhere at
the expense of and for the account of Licensee without GTE being deemed
guilty of trespass or conversion, and without GTE becoming liable for any
loss or damages to Licensee occasioned thereby. All costs incurred by GTE
to remove Licensee's Attachments shall be reimbursed to GTE by Licensee
upon demand.
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8.4 Upon notice from GTE to Licensee that the cessation of the use of any one
or more of GTE's poles is necessary for reasons of safety or has been
directed by any federal, state or municipal authority, or private property
owner, permission to attach to such pole or poles shall terminate
immediately and Licensee promptly shall remove its Attachments. Should
Licensee fail to remove its Attachments within the time frame provided by
the requesting or directing party or one hundred twenty (120) days of
receiving notice to do so from GTE, whichever is less, GTE shall have the
option to remove all such Attachments and store them in a public warehouse
or elsewhere at the expense of and for the account of Licensee without GTE
being deemed guilty of trespass or conversion, and without GTE becoming
liable for any loss or damages to Licensee occasioned thereby. All costs
incurred by GTE to remove Licensee's Attachments shall be reimbursed to
GTE by Licensee upon demand by GTE.
9. Placement of Attachments.
9.1 Licensee shall, at its own expense, place and maintain its Attachments on
GTE's poles in accordance with (I) such requirements and specifications as
GTE shall from time to time prescribe in writing, (ii) all rules or orders
now in effect or that hereafter may be issued by any regulatory agency or
other authority having jurisdiction, and (iii) all currently applicable
requirements and specifications of the National Electrical Safety Code,
and the applicable rules and regulations of the Occupational Safety and
Health Act. Licensee agrees to comply, at its sole risk and expense, with
all specifications included in Exhibits ________ through _______ hereto, as
may be revised from time to time by GTE.
9.2 Licensee's Facilities shall be tagged at maximum intervals of 300 feet so
as to identify Licensee as the owner of the Facilities. The tags shall be
of sufficient size and lettering so as to be easily read from ground
level.
10. Failure of Licensee to Place Attachments.
Once Licensee has obtained an approved PAR, Licensee shall have sixty
(60) days from the date the PAR is approved to begin the placement of its
Attachments on the GTE poles covered by the PAR. If Licensee has not
begun placing its Attachments within that sixty (60) day period, Licensee
shall so advise GTE with a written explanation for the delay. If
Licensee fails to advise GTE of its delay, with a written explanation
therefor, or if Licensee fails to act in good faith by not making a bona
fide effort to begin placing its Attachments within the sixty (60) days
prescribed by this Section, the previously approved PAR shall be deemed
rescinded by GTE and Licensee shall have no further right to place
Attachments pursuant to that PAR.
11. Attachment Fees.
11.1 Licensee shall pay to GTE an Attachment Fee, as specified in Exhibit
hereto, for each GTE pole upon which Licensee obtains authorization to
place an Attachment. The Attachment Fee may be increased by GTE from time
to time as permitted by law upon sixty (60) days written notice to
Licensee.
11.2 Attachments Fees shall become due and payable on the date a PAR is
approved by GTE for all GTE poles identified in that PAR on a pro rata
basis until the end of the then current year and thereafter on an annual
basis within thirty (30) days of the date of a statement from GTE
specifying the fees to be paid. Any payment after thirty (30) days shall
bear interest at the rate of eighteen percent (18%) per annum or the
maximum rate allowed by law, whichever is less.
11.3 GTE shall maintain an inventory of the total number of GTE poles occupied
by Licensee based upon the cumulative number of poles specified in all
PARs approved by GTE. GTE may, at its
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option, conduct a physical inventory of Licensee's Attachments under this
Section. It shall be Licensee's sole responsibility to notify GTE of any
and all removals of Attachments from GTE's poles. Except as provided in
Section 18 of this Agreement in connection with the termination of this
Agreement, such notice shall be provided to GTE at least thirty (30) days
prior to the removal of the Attachments. Each Notice of Removal shall be
in a form specified by GTE and may be revised from time to time at GTE's
sole discretion. Licensee shall remain liable for Attachment Fees until
Licensee's Attachments have been physically removed from GTE's poles.
12. Modifications, Additions or Replacements to Existing Attachments.
12.1 Licensee shall not modify, add to or replace Facilities on any
pre-existing Attachment without first notifying GTE in writing of the
intended modification, addition or replacement at least thirty (30) days
prior to the date the activity is scheduled to begin. The required
notification shall include: (1) the date the activity is scheduled to
begin, (2) a description of the planned modification, addition or
replacement, (3) a representation that the modification, addition or
replacement will not require any space other than the space previously
designated for Licensee's Attachments, and (4) a representation that the
modification, addition or replacement will not impair the structural
integrity of the poles involved.
12.2 Should GTE determine that the modification, addition or replacement
specified by Licensee in its notice will require more space than that
allocated to Licensee or will require the reinforcement of, replacement of
or an addition of support equipment to the poles involved in order to
accommodate Licensee's modification, addition or replacement, GTE will so
notify Licensee, whereupon Licensee will be required to submit a PAR in
compliance with this Agreement in order to obtain authorization for the
modification, addition or replacement of its Attachments.
12.3 Access to GTE's poles for repairs, modifications, additions, or
replacements required in emergency situations shall be governed by Section
22 of this Agreement.
12.4 Should Licensee request GTE to expand capacity or purchase additional
plant, Licensee agrees to pay all costs.
13. Rearrangements to Accommodate Other Licensees.
Licensee acknowledges that at some point in the future it may become
necessary to rearrange Licensee's Facilities in order to create space to
accommodate the facilities of another licensee. Licensee agrees that in
such event Licensee will cooperate in good faith with such other licensee
to come to a mutually agreeable understanding regarding the manner in
which the rearrangement of Licensee's Facilities will be achieved.
14. Unauthorized Attachments.
14.1 The parties agree that because it would be impracticable and extremely
difficult to determine the actual amount of damages resulting from
Licensee's unauthorized Attachment(s), a charge equal to five (5) times
the amount of the then current Attachment Fee shall be paid by Licensee to
GTE for each unauthorized Attachment to a GTE pole. Such payment shall be
deemed liquidated damages and not a penalty. Licensee also shall pay GTE
an Attachment Fee for each unauthorized Attachment accruing from the date
the unauthorized Attachment was first placed on the GTE pole. In the
event that the date the unauthorized Attachment was first placed on a GTE
pole cannot be determined, such date shall be deemed the date of the last
physical inventory made in accordance with this Agreement or, if no
physical inventory has been conducted, the date the first PAR from
Licensee was approved in accordance with this Agreement. Licensee also
shall pay to GTE all costs incurred by GTE to rearrange any
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unauthorized Attachment(s) of Licensee if such rearrangement is required
to safeguard GTE's Attachment(s) or to accommodate the Attachment(s) of
another party whose Attachment(s) would not have required a rearrangement
but for the presence of Licensee's unauthorized Attachment(s). Licensee
shall also pay to GTE all costs incurred by GTE to reinforce, replace or
modify any GTE pole, which reinforcement, replacement or modification was
required as a result of the unauthorized Attachment of Licensee. The
Attachment Fee referenced in this subsection 14.1 shall be determined in
the same manner as such fee would have been determined if the attachment
had been authorized by GTE.
14.2 For purposes of this section, an unauthorized Attachment shall include,
but not be limited to:
14.2.1 An Attachment to a GTE pole which pole is not identified in any
PAR approved in accordance with this Agreement;
14.2.2 An Attachment that occupies more space than that allocated to
Licensee by GTE;
14.2.3 An Attachment that is not placed in accordance with the provisions
of this Agreement or the appropriate PAR issued pursuant to this
Agreement;
14.2.4 An addition or modification by Licensee to its pre-existing
Attachment(s) that impairs the structural integrity of the involved
GTE pole(s).
14.2.5 An Attachment that consists of facilities owned or controlled by,
and for the use of a party other than Licensee.
15. Surveys and Inspections of Pole Attachments.
15.1 Upon written notice to Licensee, the total number and exact location of
Licensee's Attachments on GTE's poles may be determined, at GTE's
discretion, through a survey to be made not more than once per calendar
year by GTE. If so requested, Licensee and/or any other entity owning or
jointly owning the poles with GTE may participate in the survey. The
costs incurred by GTE to conduct the survey shall be reimbursed to GTE by
Licensee upon demand by GTE. If the Attachments of more than one Licensee
are surveyed, each such Licensee shall contribute a proportionate share of
the costs reimbursed to GTE.
15.2 Apart from surveys conducted in accordance with this section, GTE shall
have the right to inspect any Attachment of Licensee on GTE's poles as
conditions may warrant upon written notice to Licensee. Licensee shall,
upon demand by GTE, reimburse GTE all costs incurred to conduct its
inspection. No joint survey or inspection, or lack thereof, by GTE shall
operate to relieve Licensee of any responsibility, obligation or liability
assumed under this Agreement.
16. Notice of Modification or Alteration of Poles by GTE.
16.1 In the event GTE plans to modify or alter any GTE pole(s) upon which
Licensee has Attachments, GTE shall provide Licensee notice of the
proposed modification or alteration at least thirty (30) days prior to the
time the proposed modification or alteration is scheduled to take place.
Should Licensee decide to modify or alter its Attachments on the GTE poles
to be modified or altered by GTE, Licensee shall so notify GTE in writing.
In such event, Licensee shall bear a proportionate share of the total
costs incurred by GTE to make such poles accessible to Licensee.
16.2 In the event GTE is required by a federal, state, or local authority to
move, replace or change the location of any GTE pole(s), Licensee shall
concurrently relocate Licensee's Attachments. GTE
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and each Licensee required to relocate its Attachments shall bear its own
costs for such relocation.
17. Disclaimer of Warranties.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, GTE MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR a PARTICULAR
PURPOSE.
18. Default and Remedies.
18.1 The occurrence of any one of the following shall be deemed a Material
Default by Licensee under this Agreement:
18.1.1 Failure by Licensee to pay any fee or other sum required to be
paid under the terms of this Agreement and such default continues
for a period of ten (10) days after written notice thereof to
Licensee;
18.1.2 Failure by Licensee to perform or observe any other term,
condition, covenant, obligation or provision of this Agreement and
such default continues for a period of thirty (30) days after
written notice thereof from GTE (provided that if such default is
not curable within such thirty (30) day period, the period will be
extended if Licensee commences to cure such default within such
thirty (30) day period and proceeds diligently thereafter to effect
such cure);
18.1.3 The filing of any tax or mechanic's lien against GTE's poles which
is not bonded or discharged within thirty (30) days of the date
Licensee receives notice that such lien has been filed;
18.1.4 Licensee's voluntary or involuntary bankruptcy;
18.1.5 Licensee's knowing use or maintenance of its Attachments in
violation of any law or regulation, or in aid of any unlawful act or
undertaking;
18.1.6 If any authorization which may be required of the Licensee by any
governmental or private authority for the placement, operation or
maintenance of Licensee's Attachments is denied or revoked.
18.2 In the event of a Material Default, GTE, without any further notice to
the Licensee (except where expressly provided for below or required by
applicable law) may do any one or more of the following:
18.2.1 Perform, on behalf and at the expense of Licensee, any obligation
of Licensee under this Agreement which Licensee has failed to
perform and of which GTE shall have given Licensee notice, the cost
of which performance shall be paid by Licensee to GTE upon demand;
18.2.2 Terminate this Agreement by giving notice of such termination to
Licensee and remove Licensee's Attachments and store them in a
public warehouse or elsewhere at the expense of and for the account
of Licensee without GTE being deemed guilty of trespass or
conversion, and without GTE becoming liable for any loss or damages
to Licensee occasioned thereby; or
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18.2.3 Exercise any other legal or equitable right or remedy which GTE
may have.
18.3 Any costs and expenses incurred by GTE (including, without limitation,
reasonable attorneys' fees) in enforcing this Agreement shall be repaid to
GTE by Licensee upon demand.
18.4 Upon termination of this Agreement by GTE because of a material default
by Licensee, Licensee shall remain liable to GTE for any and all fees,
other payments and damages which may be due or sustained prior to such
termination, all reasonable costs, fees and expenses, including, without
limitation, reasonable attorneys' fees incurred by GTE in pursuit of its
remedies hereunder, and additional liquidated damages which shall be an
amount equal to one full year of Pole Attachment fees.
18.5 All rights and remedies of each party set forth in this Agreement shall
be cumulative and none shall exclude any other right or remedy, now or
hereafter allowed by or available under any statute, ordinance, rule of
court, or the common law, either at law or in equity, or both.
19. Indemnification.
19.1 Licensee shall compensate GTE for the full actual loss, damage or
destruction of GTE's property that in any way arises from or is related to
this Agreement or activities undertaken pursuant to this Agreement
(including, without limitation, the installation, construction, operation
or maintenance of Licensee's Attachments).
19.2 Licensee will further indemnify, defend and hold harmless GTE and GTE's
agents, officers, employees and assigns, from any and all losses, damages,
costs, expenses (including, without limitation, reasonable attorneys'
fees), statutory fines or penalties, actions or claims for personal injury
(including death), damage to property, or other damage or financial loss
of whatever nature in any way arising out of or connected with this
Agreement or activities undertaken pursuant to this Agreement (including,
without limitation, the installation, construction, operation or
maintenance of Licensee's Attachments), except to the extent caused by the
gross negligence or willful misconduct on the part of GTE or GTE's agents,
officers, employees and assigns. Licensee further indemnifies GTE from
subsequent taxes and fees that may be levied by municipalities ROWs in
association with these agreements. Such fees that are levied would be in
addition to the attachment/occupancy fees reflected in this Agreement.
Licensee expressly assumes all liability for actions brought against GTE
and GTE's agents, officers, employees and assigns, by Licensee's agents,
officers or employees and Licensee expressly waives any immunity from the
enforcement of this indemnification provision that might otherwise be
provided by workers' compensation law or by other state or federal laws.
19.3 Without limiting any of the foregoing, Licensee assumes all risk of, and
agrees to relieve GTE of any and all liability for, loss or damage (and
the consequences of loss or damage) to any Attachments placed on GTE's
poles and any other financial loss sustained by Licensee, whether caused
by fire, extended coverage perils, or other casualty, except to the extent
caused by the gross negligence or willful misconduct on the part of GTE or
GTE's agents, officers, employees and assigns.
19.4 Without limiting the foregoing, Licensee expressly agrees to indemnify,
defend and hold harmless GTE and GTE's agents, officers, employees and
assigns from any and all claims asserted by customers of Licensee in any
way arising out of or in connection with this Agreement or Licensee's
Attachments, except to the extent caused by the gross negligence or
willful misconduct on the part of GTE or GTE's agents, officers, employees
and assigns.
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19.5 Notwithstanding anything to the contrary in this Agreement, Licensee
further shall indemnify and hold harmless GTE, its agents, officers,
employees and assigns from and against any claims, liabilities, losses,
damages, fines, penalties and costs (including, without limitation,
reasonable attorneys' fees) whether foreseen or unforeseen, which the
indemnified parties suffer or incur because of: (I) any discharge of
Hazardous Waste resulting from acts or omissions of Licensee or the
Licensee's predecessor in interest; (ii) acts or omissions of the
Licensee, it agents, employees, contractors or representatives in
connection with any cleanup required by law, or (iii) failure of Licensee
to comply with Environmental, Safety and Health Laws.
19.6 In no event shall either party be liable to the other party for any
special, consequential or indirect damages (including, without limitation,
lost revenues and lost profits) arising out this Agreement or any
obligation arising hereunder, whether in an action for or arising out of
breach of contract, tort or otherwise.
19.7 Licensee shall indemnify, protect and hold harmless GTE from and against
any and all claims for libel and slander, copyright and/or patent
infringement arising directly or indirectly by reason of installation of
Licensee's equipment on GTE's poles pursuant to this Agreement.
20. Insurance.
20.1 Licensee shall carry insurance, at its sole cost and expense,
sufficient to cover its indemnification obligations as set forth in
Section 19 of this Agreement. Such insurance shall include, but not
be limited to, coverage against liability due to personal injury or
death of persons in the amount of $500,000 as to any one person and
$1,000,000 as to any one accident; coverage against liability due to
property damage in the amount of $500,000 as to each accident and
$500,000 aggregate; and coverage necessary to fully protect both it
and GTE from all claims under any worker's compensation laws that
may be applicable.
20.2 All insurance required of Licensee under this Agreement shall
remain in force for the entire life of this Agreement. The company
or companies issuing such insurance shall be approved by GTE and GTE
shall be named as an additional insured in each such policy.
Licensee shall submit to GTE certificates by each insurer to the
effect that the insurer has insured Licensee for all potential
liabilities of Licensee under this Agreement, and that it will not
cancel or change any policy of insurance issued to Licensee except
upon thirty (30) days notice to GTE. In the event Licensee's
insurance coverage is to be canceled by reason of non-payment of
premiums due, GTE shall have the option of paying any amount due and
Licensee shall forthwith reimburse GTE the full amount paid by GTE.
20.3 Licensee shall promptly advise GTE in writing of any and all
claims for damages, including, but not limited to, damage to
property or injury to or death of persons, allegedly arising out of
or in any manner related, directly or indirectly, to the presence or
use of Licensee's Attachments.
20.4 Licensee shall furnish bond or satisfactory evidence of
contractual insurance coverage, the terms of which shall be subject
to GTE's approval, in the amount of ten thousand dollars ($10,000)
to guarantee the payment of any sums which may become due to GTE for
rentals, inspections or for work performed by GTE for the benefit of
Licensee under this Agreement, including the removal of Licensee's
equipment pursuant to any of the provisions hereof. All bonds must
specify that GTE be notified thirty (30) days prior to the
expiration or cancellation of the policy.
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21. Taxes.
Any state or local excise, sales, or use taxes (excluding any taxes
levied on income) resulting from the performance of this Agreement shall
be borne by the Party upon which the obligation for payment is imposed
under applicable law, even if the obligation to collect and remit such
taxes is placed upon the other Party. The collecting Party shall charge
and collect from the obligated Party, and the obligated Party agrees to
pay to the collecting Party, all applicable taxes, except to the extent
that the obligated Party notifies the collecting Party and provides to
the collecting Party appropriate documentation as GTE requires that
qualifies the obligated Party for a full or partial exemption. Any such
taxes shall be shown as separate items on applicable billing documents
between the Parties. The obligated Party may contest the same in good
faith, at its own expense, and shall be entitled to the benefit of any
refund or recovery, provided that such Party shall not permit any lien to
exist on any asset of the other Party by reason of the contest. The
collecting Party shall cooperate in any such contest by the other Party.
The other Party will indemnify the collecting Party from any sales or use
taxes that may be subsequently levied on payments by the other Party by
the collecting Party.
22. Emergency Restoration Procedures.
In the event of an emergency, restoration procedures may be affected by
the presence of Licensee's Attachments. While GTE shall not be
responsible for the repair of Licensee's Attachments that are damaged
(except by mutual written agreement), GTE shall nonetheless control
access to its poles if the restoration is to be achieved in an orderly
fashion.
22.1 Where GTE and Licensee are involved in emergency
restorations, access to GTE's poles will be controlled by GTE's
Maintenance District Manager or his/her on-site representative
according to the following guidelines:
22.1.1 Service Disruptions/Outages
(a) In the event of service disruptions
and/or outages, while exercising its right to first
access, GTE shall make all reasonable efforts to grant
access to as many other entities with Attachments as is
reasonably safe.
(b) Where simultaneous access is not
possible, access will be granted by GTE on a first come,
first served basis.
22.1.2 Service Affecting Emergencies
(a) In the event of service affecting
emergencies not resulting in service disruptions or
outages, while exercising its right to first access, GTE
shall make all reasonable efforts to grant access to as
many other entities with Attachments as is reasonably
safe.
(b) Where GTE is unable to grant
simultaneous access to all other entities with
Attachments, access will granted according to the level
of damage to the Attachments of each entity and the
likelihood that a given level of damage will result in
service disruption. Where the likelihood that a service
disruption will result is not clearly discernible,
access will be on a first come, first served basis.
22.2 Without limiting any other indemnification or hold harmless
provisions of this Agreement, Licensee agrees that any decision by
GTE regarding access to Attachments, or any action
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or failure to act by GTE, under this Section 22 shall not
constitute a basis for any claim by Licensee against GTE for any
damage to Licensee's Attachments or disruption of Licensee's
services, or any other direct or indirect damages of any kind
whatsoever incurred by Licensee.
23. Damage Suspected to Licensee's Facilities Only.
23.1 In the event Licensee receives information that Licensee's
Attachments are damaged, Licensee shall notify GTE of said damage at
a number to be provided later by GTE. This is a 24-hour, 7 days per
week notification number. Licensee shall provide GTE all
information known to it regarding the damage to Licensee's
Attachments.
23.2 In the event GTE receives notice that Licensee's Facilities
are damaged, GTE will notify Licensee of said damage by telephone at
the Licensee's emergency telephone number. GTE shall provide
Licensee all information known to it regarding the damage to
Licensee's Attachments.
23.3 After the giving of such notice by either Licensee or GTE,
Licensee shall be authorized to perform emergency restoration
maintenance activities in connection with Licensee's Attachments,
subject to the provisions of this Agreement.
23.4 Without limiting any other indemnification or hold harmless
provisions of this Agreement, Licensee agrees that any decision by
GTE regarding access to Licensee's Attachments, or any action or
failure to act by GTE, appropriately or inappropriately, under this
Section shall not be the basis for any claim by Licensee against GTE
for any damage to Licensee's Attachments or disruption of Licensee's
services, or any other direct or indirect damages of any kind
whatsoever incurred by Licensee and Licensee shall indemnify and
hold GTE harmless from any such claim.
24. Abandonment.
Nothing in this Agreement shall prevent or be construed to prevent GTE
from abandoning, selling, assigning or otherwise disposing of any poles
or other GTE property used for Licensee's Attachments; provided, however,
that GTE shall condition any such sale, assignment or other disposition
subject to the rights granted to Licensee pursuant to this Agreement.
GTE shall promptly notify Licensee of any proposed sale, assignment or
other disposition of any poles or other GTE property used for Licensee's
Attachments.
25. Notices.
Any written notice to be given to a party to this Agreement shall be in
writing and given or made by means of telegram, facsimile transmission,
certified or registered mail, express mail or other overnight delivery
service, or hand delivery, proper postage or other charges prepaid, and
addressed or directed to the respective parties as follows:
To Licensee: ___________________________
___________________________
___________________________
To GTE: ___________________________
___________________________
___________________________
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Any notice given by personal delivery shall be deemed to have been given
on the day of actual delivery and, if given by registered or certified
mail, return receipt requested, on the date of receipt thereof and, if
given by facsimile transmission, on the day of transmittal thereof if
given during the normal business hours of the recipient and on the next
business day if not given during normal business hours.
26. Non-Waiver of Terms and Conditions.
No course of dealing, course of performance or failure to enforce any of
term, right, condition or other provision of this Agreement shall
constitute or be construed as a waiver of any term, right or condition or
other provision of this Agreement.
27. Dispute Resolution.
27.1 Except in the case of (i) a suit, action or proceeding by GTE
to compel Licensee to comply with its obligations to indemnify GTE
pursuant to this Agreement or (ii) a suit, action or proceeding to
compel either party to comply with the dispute resolution procedures
set forth in this section, the parties agree to use the following
procedure to resolve any dispute, controversy or claim arising out
of or relating to this Agreement or its breach.
27.2 At the written request of a party, each party shall designate
a knowledgeable, responsible representative to meet and negotiate in
good faith to resolve any dispute, controversy or claim arising
under this Agreement. The parties intend that these negotiations be
conducted by non-lawyer, business representatives. The substance of
the negotiations shall be left to the discretion of the
representatives. Upon mutual agreement, the representatives may
utilize other alternative dispute resolution procedures such as
mediation to assist in the negotiations. Discussions and
correspondence between the representatives for purposes of these
negotiations shall be treated as confidential, undertaken for
purposes of settlement, shall be exempt from discovery and
production, and shall not be admissible in the arbitration described
below or in any subsequent lawsuit without the concurrence of all
parties. Documents identified in or provided during such
negotiations, which are not prepared for purposes of the
negotiations, shall not be so exempt and may, if otherwise
admissible, be admitted as evidence in any subsequent proceeding.
27.3 If a resolution of the dispute, controversy or claim is not
reached within sixty (60) days of the initial written request, the
dispute, controversy or claim shall be submitted to binding
arbitration by a single arbitrator pursuant to the rules of the
American Arbitration Association (AAA), except as hereinafter
provided. Discovery in any proceeding before the AAA shall be
controlled by the arbitrator and shall be permitted to the extent
set forth in this section. Parties may exchange, in any
combination, up to thirty-five (35) (none of which may contain
subparts) written interrogatories, demands to produce documents and
requests for admission. Each party may also to take the oral
deposition of one (1) witness. Additional discovery may be
permitted upon mutual agreement of the parties. The arbitration
hearing shall be commenced within sixty (60) days of the demand for
arbitration and shall be held in the city where GTE's local offices
are located. The arbitrator shall rule on the dispute, controversy
or claim by issuing a written opinion within thirty (30) days after
the close of hearings. The times specified in this section may be
extended upon mutual agreement of the parties or by the arbitrator
upon a showing of good cause. Judgment upon the award rendered by
the arbitrator may be entered in any court having jurisdiction.
27.4 Each party shall bear its own costs, including attorneys'
fees, incurred in connection with any of the foregoing procedures.
A party seeking discovery shall reimburse the responding
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party the cost of reproducing documents (to include search time
and reproduction time costs). The fees associated with any
arbitration, including the fees of the arbitrator, shall be
divided equally between the parties.
28. Compliance With Laws.
Notwithstanding anything to the contrary in this Agreement, each party
shall ensure that any and all activities it undertakes pursuant to this
Agreement shall comply with all applicable laws, including, without
limitation, all applicable provisions of (i) workers' compensation laws,
(ii) unemployment compensation laws, (iii) the Federal Social Security
Law, (iv) the Fair Labor Standards Act, and (v) all laws, regulations,
rules, guidelines, policies, orders, permits and approvals of any
governmental authority relating to environmental matters and/or
occupational safety.
29. Force Majeure.
Neither party shall have any liability for its delays or its failure in
performance due to fire, flood, explosion, pest damage, power failures,
strikes or labor disputes, acts of God, the Elements, war, civil
disturbances, acts of civil or military authorities or the public enemy,
inability to secure raw materials, transportation facilities, fuel or
energy shortages, or other cause beyond its control.
30. Assignment.
30.1 The rights and obligations of Licensee under this Agreement
shall not be assigned, transferred or sub-licensed, in whole or in
part, without the prior written consent of GTE. An assignment,
transfer or sub-license of this Agreement by Licensee shall not
relieve Licensee of its obligations under this Agreement. Any
assignment attempted without the prior written consent of GTE shall
be void.
30.2 GTE shall have the right to assign this Agreement and to
assign its rights and delegate its obligations and liabilities under
this Agreement, either in whole or in part. GTE shall provide
notice to Licensee of any assignment which shall state the effective
date thereof. Upon the effective date and to the extent of the
assignment, GTE shall be released and discharged from all
obligations and liabilities under this Agreement.
30.3 Neither this Agreement nor any term or provision hereof, nor
any inclusion by reference shall be construed as being for the
benefit of any person or entity not a signatory hereto.
30.4 This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns.
31. Applicable Law.
This Agreement, and the rights and obligations contained in it, shall be
governed and construed under the laws of the State of _________________
without regard to its conflicts of laws provisions.
32. Subsequent Law.
The terms and conditions of this Agreement shall be subject to any and
all applicable laws, rules, regulations, guidelines, orders, or tariffs
that are currently in force or that may be prescribed by any federal,
state or local governmental authority. The parties agree to modify, in
writing, the affected term(s) and condition(s) of this Agreement to bring
them into compliance with such law, rule, regulation, guideline, order,
or tariff. Should any term of this Agreement be determined by a
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court or other entity with competent jurisdiction to be unenforceable,
all other terms of this Agreement shall remain in full force and effect.
33. Headings.
All headings contained in this Agreement are for convenience only and are
not intended to affect the meaning or interpretation of any part of this
Agreement.
34. Entire Agreement.
The terms and conditions of this Agreement supersede all prior oral or
written understandings between the parties and constitute the entire
agreement between them concerning the subject matter of this Agreement.
There are no understandings or representations, express or implied, not
expressly set forth in this Agreement. This Agreement shall not be
modified or amended except by a writing signed by the party to be
charged.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement through
their authorized representatives.
For GTE: For Licensee:
GTE
---------------------------------- -------------------------
(Signature of Authorized Agent) (Signature of Officer)
(Printed Name of Authorized Agent) (Printed Name of Officer)
(Title) (Title)
(Date) (Date)
ATTEST:
Corporate Seal (If Applicable)
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EXHIBIT
ATTACHMENT FEES
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APPENDIX L
CONDUIT OCCUPANCY AGREEMENT
1. Parties.
This agreement (Agreement) is between GTE ______________ INCORPORATED, a
State of _________________ corporation having its principal office at
("GTE"), and ***, a corporation of the State of _____________, having its
principal office at ______________________ ("Licensee").
2. Definitions.
2.1 "GTE's conduit(s)" or "GTE conduit(s)" means any reinforced
passage or opening in, on, under/over or through the ground capable
of containing communications facilities.
2.2 "Telecommunications Services" means the offering of
telecommunications for a fee directly to the public, or to such
classes of users as to be effectively available directly to the
public, regardless of the facilities used.
2.3 "Cable Television Services" means the transmission to
subscribers of off-the-air pickup of broadcast signals or the
transmission, without separate charge, of locally originated closed
circuit television to the subscribers of off-the-air service.
2.4 "Conduit" or "Duct" means a single enclosed raceway used to
house Innerduct.
2.5 "Innerduct," unless otherwise specified or approved by GTE,
shall mean a single enclosed raceway 1" or 1-1/4" in diameter,
placed within duct and used for housing communications facilities.
2.6 "Facilities" means all facilities, including, but not limited
to, cables, equipment and associated hardware, owned and utilized by
the Licensee which occupy an innerduct.
2.7 "Make-Ready Work" means all work, including, but not limited
to, rearrangement, removal, or transfer of existing facilities,
placement, repair, or replacement of duct or innerduct, or any other
changes required to accommodate the Licensee's Facilities in a
conduit.
2.8 "Manholes" and "handholes" mean subsurface enclosures which
personnel may enter and use for the purpose of installing, operating
and maintaining communications facilities.
2.9 "Hazardous Materials" means (I) any substance, material or
waste now or hereafter defined or characterized as hazardous,
extremely hazardous, toxic or dangerous within the meaning of the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended, or any similar law, ordinance, statute, rule or
regulation of any governmental body or authority, (ii) any
substance, material or waste now or hereafter classified as a
contaminant or pollutant under any law, ordinance, statute, rule or
regulation of any governmental body or authority or (iii) any other
substance, material or waste, the manufacture, processing,
distribution, use, treatment, storage, placement, disposal, removal
or transportation of which is now or hereafter subject to regulation
under any law, ordinance, statute, rule or regulation of any
governmental body or authority.
2.10 "Occupancy Fee" means the fee paid by Licensee to GTE per
linear foot for each innerduct occupied by Licensee's Facilities in
GTE's Conduit(s).
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3. Purpose.
Licensee represents to GTE that Licensee has a need to occupy, place and
maintain communications facilities within GTE's conduit(s) for the
purpose of providing Telecommunications Service. GTE agrees to permit
Licensee to occupy, place and maintain communications facilities within
GTE's conduit(s) as GTE may allow pursuant to the terms of this
Agreement.
4. Grant of License.
GTE grants to Licensee and Licensee accepts from GTE a non-exclusive
revocable license to occupy, place and maintain in a designated space in
specified GTE conduits Licensee's Facilities on the terms and conditions
set forth herein. Licensee shall have no further right, title, or other
interest in connection with GTE's conduit(s). GTE shall have the right
to grant, renew or extend privileges to others not parties to this
Agreement to occupy, place and maintain facilities in or otherwise use
any or all of GTE's conduit(s). Nothing herein is intended to, nor
should it be construed to require GTE to construct or modify any
facilities not needed for its own service requirements. GTE grants this
license in reliance on the representation of Licensee that Licensee
intends to provide Telecommunications Service with Licensee's Facilities
covered by this Agreement.
5. Term.
Subject to the termination provisions contained in this Agreement, the
term of this Agreement shall be two (2) years from the effective date
referenced in the first paragraph of this Agreement and shall continue in
effect for consecutive one (1) year terms until either Party gives the
other Party at least ninety (90) calendar days written notice of
termination, which termination shall be effective at the end of the
then-current term. In the event notice is given less than ninety (90)
calendar days prior to the end of the current term, this Agreement shall
remain in effect for ninety (90) calendar days after such notice is
received, provided, that in no case shall the term be extended beyond
ninety (90) calendar days after the end of the current term.
6. Conduit Occupancy Requests.
6.1 Upon execution of this Agreement, Licensee shall have the
right to submit a written Conduit Occupancy Request ("COR") to GTE
specifying the GTE conduits in which it desires to place its
Facilities. Each COR shall be in a form specified by GTE, which
form may be revised from time to time by GTE. CORs received by GTE
shall be processed on a first come, first served basis. GTE will
determine the availability of space for Licensee's Facilities in the
GTE conduit(s) specified in the COR within thirty (30) Business Days
of its submission. Upon approval of the COR, GTE shall return a
copy thereof to Licensee bearing an endorsement acknowledging GTE's
authorization. All of Licensee's Facilities placed in GTE's
conduit(s) pursuant to an approved COR shall become subject to all
of the terms and conditions of this Agreement. Licensee may submit
subsequent CORs for approval by GTE as needed. All of Licensee's
Facilities shall be placed in innerduct unless otherwise approved by
GTE. No facilities of any kind shall be placed in any GTE
conduit(s) identified in a COR until that COR has been approved by
GTE.
6.2 Licensee shall pay GTE a fee for processing a COR to
compensate GTE for the general administrative costs as well as the
actual engineering costs reasonably incurred. The fee for
engineering costs shall be computed by multiplying the fully loaded
hourly rate for an engineer times the number of hours reasonably
required by each engineer to inspect the GTE conduits included in
the COR. GTE will charge its then current rates for
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administrative and engineering costs, as may be changed from time to
time by GTE to remain consistent with prevailing costs.
6.3 Upon receiving an approved COR, Licensee shall have the right,
subject to the terms of this Agreement, to place and maintain
Licensee's Facilities described in the COR in the innerducts of the
GTE conduit(s) identified therein.
6.4 In the event Make-Ready Work is necessary to accommodate
Licensee's Facilities, GTE shall notify Licensee of such fact and
provide Licensee with an estimate of the total cost of such
Make-Ready Work. Within fifteen (15) days after receiving such
notice from GTE, Licensee shall notify GTE either (1) that Licensee
shall pay all of the costs actually incurred to perform the
Make-Ready Work and shall pay the total estimated amount to GTE at
least ten (10) days prior to the date the Make-Ready Work is to
begin or (2) that it desires to cancel its COR.
6.5 Nothing herein shall confer any right upon Licensee to place power
cables or related power equipment in GTE Conduit(s) or Manholes.
Licensee shall place equipment of this nature in its own pull boxes
outside of GTE's Conduit(s) or Manholes. Cable connectors or
splicing devices shall not be used by Licensee in GTE's Conduit(s)
or innerducts.
7. Availability of Conduit Maps.
Existing conduit maps will be made available for viewing by Licensee for
the purpose of pre-order planning at the GTE area engineering offices
during normal business hours, subject to reasonable advance notification.
While a formal written request will not be required in connection with
the first request by Licensee to view conduit maps, GTE reserves the
right to refuse any subsequent viewing request or require written
justification for the request if Licensee has demonstrated that it does
not have a good faith intention to submit a COR. If the availability of
specific point-to-point conduits can be determined at the time of viewing
conduit maps, maps reflecting such point-to-point conduits may be made
available for copying. Licensee shall pay to GTE a fee for making such
copies available sufficient to cover the general administrative costs
incurred. IN MAKING CONDUIT MAPS AVAILABLE, GTE WILL BE MAKING NO
EXPRESS OR IMPLIED WARRANTY REGARDING THEIR ACCURACY OTHER THAN THAT THEY
ARE THE SAME CONDUIT MAPS USED BY GTE IN ITS DAY-TO-DAY OPERATIONS.
8. Availability of Information Regarding Space In Conduits.
GTE will provide information regarding the availability of conduit space
within thirty (30) Business Days of a written request by Licensee.
Because GTE will endeavor to determine available space as quickly as
possible, a shorter interval may be experienced for requests of a limited
scope where physical field verification is not necessary. In the event
the thirty (30) Business Day time frame cannot be met, GTE shall so
advise Licensee and shall seek a mutually satisfactory alternative
response date. No representation regarding the availability of space
shall be made in the absence of a physical field verification.
9. Authority to Place Licensee's Facilities.
9.1 Before Licensee places any of Licensee's Facilities in GTE's
conduit(s) pursuant to an approved COR, Licensee, upon request,
shall submit sufficient evidence to GTE of its authority to maintain
the Facilities to be placed in GTE's conduit(s) within the public
streets, highways and other thoroughfares or on private property.
Licensee shall be solely responsible for obtaining all licenses,
authorizations, permits and consents from federal,
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state and municipal authorities or private property owners that may
be required to place and maintain Licensee's Facilities in GTE's
conduit(s).
9.2 GTE shall not attempt to prevent or delay the granting of any
rights-of-way, easements, licenses, authorizations, permits and
consents from any federal, state or municipal authorities, or
private property owners that may be required by Licensee to place
Licensee's Facilities in GTE's conduit(s).
9.3 If any right-of-way, easement, license, authorization, permit
or consent obtained by Licensee is subsequently revoked or denied
for any reason, Licensee's permission to occupy GTE's conduit(s)
shall terminate immediately and Licensee shall promptly remove
Licensee's Facilities. Should Licensee fail to remove Licensee's
Facilities within thirty (30) days of receiving notice to do so from
GTE, GTE shall have the option to remove Licensee's Facilities and
store them in a public warehouse or elsewhere at the expense of and
for the account of Licensee without GTE being deemed guilty of
trespass or conversion, and without GTE becoming liable for any loss
or damages to Licensee occasioned thereby. All costs incurred by
GTE to remove Licensee's Facilities shall be reimbursed to GTE by
Licensee upon demand.
9.4 Upon notice from GTE to Licensee that the cessation of the
use of any portion of GTE's conduit(s) has been ordered or directed
by any federal, state or municipal authority, or private property
owner, Licensee's permission to occupy such GTE conduit(s) shall
terminate immediately and Licensee promptly shall remove Licensee's
Facilities. Should Licensee fail to remove Licensee's Facilities
within thirty (30) days of receiving notice to do so from GTE, GTE
shall have the option to remove Licensee's Facilities and store them
in a public warehouse or elsewhere at the expense of and for the
account of Licensee without GTE being deemed guilty of trespass or
conversion, and without GTE becoming liable for any loss or damages
to Licensee occasioned thereby. All costs incurred by GTE to remove
Licensee's Facilities shall be reimbursed to GTE by Licensee upon
demand by GTE.
10. Placement of Licensee's Facilities.
10.1 Licensee shall, at its sole expense, place and maintain
Licensee's Facilities in GTE's conduit(s) in accordance with (I)
such requirements and specifications as GTE shall from time to time
prescribe in writing, (ii) all rules or orders now in effect or that
hereafter may be issued by any regulatory agency or other authority
having jurisdiction, and (iii) all currently applicable requirements
and specifications of the National Electrical Safety Code, and the
applicable rules and regulations of the Occupational Safety And
Health Act. Licensee agrees to comply, at its sole risk and
expense, with all specifications included in Exhibits______
through_________hereto, as may be revised from time to time by GTE.
10.2 Licensee's Facilities shall be tagged at each manhole so as
to identify Licensee as the owner of the Facilities. The tags shall
be of sufficient size and lettering so as to be easily read.
11. Failure of Licensee to Occupy Conduit Space.
Upon approval of a COR, Licensee shall have sixty (60) days in which to
begin the placement of Licensee's Facilities in the GTE conduit(s)
covered by the COR. If Licensee has not begun placing its Facilities
within that sixty (60) day period, Licensee shall so advise GTE with a
written explanation for the delay. If Licensee fails to advise GTE of
its delay, with a written explanation
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therefor, or if Licensee fails to act in good faith by not making a bona
fide effort to begin placing its Facilities within the sixty (60) days
prescribed by this Section, the previously approved COR shall be deemed
rescinded by GTE and Licensee shall have no further right to place
Licensee's Facilities pursuant to that COR.
12. Occupancy Fees.
12.1 Licensee shall pay to GTE an Occupancy Fee, as specified in
Exhibit_________hereto, for each linear foot of innerduct occupied
by Licensee's Facilities in GTE's conduit(s). If Licensee's
Facilities occupy more than one innerduct, a separate Occupancy Fee
shall be paid by Licensee for each innerduct occupied. The
Occupancy Fee specified in Exhibit_________hereto is the fee
applicable to 1" or 1-1/4" diameter innerduct. GTE reserves the
right to charge a higher fee for innerduct of greater diameter. The
Occupancy Fee may be increased by GTE from time to time as permitted
by law upon sixty (60) days written notice to Licensee.
12.2 Occupancy Fees shall become due and payable on the date a COR
is approved by GTE for all GTE innerducts identified in that COR on
a pro rata basis until the end of the calendar year and thereafter
on an annual basis within thirty (30) days of the receipt of a
statement from GTE specifying the fees to be paid. Any payment
after thirty (30) days shall bear interest at the rate of eighteen
percent (18%) per annum or the maximum rate allowed by law,
whichever is less.
12.3 GTE shall maintain an inventory of the total linear footage
of innerduct occupied by Licensee's Facilities in GTE's conduit(s)
based upon the cumulative linear footage per innerduct from all CORs
approved by GTE. GTE may, at its option, conduct a physical
inventory of Licensee's Facilities for purposes of determining the
Occupancy Fees to be paid by Licensee under this section. It shall
be Licensee's sole responsibility to notify GTE of any and all
removals of Licensee's Facilities from GTE's conduit(s). Written
notice of such removals (unless they are covered by Section 17 of
this Agreement) shall be provided to GTE at least thirty (30) days
prior to the removal. Each Notice of Removal shall be in a form
specified by GTE. Licensee shall remain liable for all Occupancy
Fees until Licensee's Facilities have been physically removed from
GTE's conduits.
13. Modifications, Additions or Replacements of Licensee's Facilities.
13.1 Licensee shall not modify, add to or replace Licensee's
Facilities in any GTE conduit(s) without first notifying GTE in
writing of the intended modification, addition or replacement at
least thirty (30) days prior to the date the activity is scheduled
to begin. The required notification shall include: (1) the date
the activity is scheduled to begin, (2) a description of the planned
modification, addition or replacement, (3) a representation that the
modification, addition or replacement will not require any space
other than the space previously designated for Licensee's
Facilities, and (4) a representation that the modification, addition
or replacement will not impair the structural integrity of the GTE
conduit(s) involved.
13.2 Should GTE determine that the modification, addition or
replacement specified by Licensee in its notice will require more
space than that allocated to Licensee or will require any
modification, replacement or reinforcement of the GTE conduit(s)
involved in order to accommodate Licensee's modification, addition
or replacement, GTE will so notify Licensee, whereupon Licensee
shall be required to submit a COR in compliance with this Agreement
in order to obtain authorization for the modification, addition or
replacement of Licensee's Facilities.
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13.3 Access to GTE's conduit(s) for repairs, modifications,
additions, or replacements required in emergency situations shall be
governed by the provisions of Section 21 of this Agreement.
14. Unauthorized Occupancy of GTE Conduit.
14.1 It is agreed that a charge equal to five (5) times the amount
of the then current Occupancy Fee shall be paid by Licensee to GTE
for each unauthorized occupancy of GTE's conduit(s) by Licensee.
Such payment shall be deemed liquidated damages and not a penalty.
Licensee also shall pay GTE an Occupancy Fee for each unauthorized
occupancy accruing from the date the unauthorized occupancy first
began. In the event that the date the unauthorized occupancy first
began cannot be determined, such date shall be deemed the date of
the last physical inventory made in accordance with this Agreement
or, if no physical inventory has been conducted, the date the first
COR from Licensee was approved in accordance with this Agreement.
Licensee also shall pay to GTE all costs incurred by GTE to
rearrange Licensee's Facilities that are unauthorized if such
rearrangement is required to safeguard GTE's facilities or to
accommodate the facilities of another party whose facilities would
not have required a rearrangement but for the presence of Licensee's
unauthorized facilities. Licensee also shall pay to GTE all costs
incurred by GTE to reinforce, replace or modify any GTE conduit(s),
which reinforcement, replacement or modification is required as a
result of the unauthorized occupancy by Licensee. The Occupancy Fee
referenced in this subsection 14.1 shall be determined in the same
manner as such a fee would have been determined if the occupancy had
been authorized by GTE.
14.2 For purposes of this section, an unauthorized occupancy shall
include, but not be limited to:
14.2.1 The presence of Licensee's Facilities in any GTE conduit
which conduit is not identified in any COR approved in
accordance with this Agreement;
14.2.2 The presence of Licensee's Facilities in any GTE conduit
that occupies more space than that allocated to Licensee by
GTE;
14.2.3 Licensee's Facilities that are not placed in accordance with
the provisions of this Agreement or the appropriate COR issued
pursuant to this Agreement;
14.2.4 An addition or modification by Licensee to its pre-existing
Facilities in any GTE conduit that impairs the structural
integrity of that GTE conduit.
14.2.5 The presence of facilities in GTE's conduit(s) placed by
Licensee that are owned or controlled by and for the use of a
party other than Licensee.
15. Modification or Alteration GTE Conduits.
15.1 In the event GTE plans to modify or alter any GTE conduit(s)
that house Licensee's Facilities, GTE shall provide Licensee notice
of the proposed modification or alteration at least fourteen (14)
days prior to the time the proposed modification or alteration is
scheduled to take place. Should Licensee decide to modify or alter
Licensee's Facilities in the GTE conduit(s) to be modified or
altered by GTE, Licensee shall so notify GTE in
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writing. In such event, Licensee shall bear a proportionate share of
the total costs incurred by GTE to make the GTE conduit(s)
accessible. Licensee's proportionate share of the total cost shall
be based on the ratio of the amount of new space occupied by Licensee
to the total amount of new space occupied by all of the parties
joining in the modification.
15.2 In the event GTE moves, replaces or changes the location,
alignment or grade of GTE's conduit(s) ("relocation") for reasons
beyond GTE's control, Licensee concurrently shall relocate
Licensee's Facilities. Licensee shall be solely responsible for the
costs of the relocation of Licensee's Facilities.
16. Disclaimer of Warranties.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, GTE MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR a PARTICULAR
PURPOSE.
17. Default and Remedies.
17.1 The occurrence of any one of the following shall be deemed a
Material Default by Licensee under this Agreement:
17.1.1 Failure by Licensee to pay any fee or other sum required to be
paid under the terms of this Agreement and such default continues
for a period of five (5) days after written notice thereof to
Licensee;
17.1.2 Failure by Licensee to perform or observe any other term,
condition, covenant, obligation or provision of this Agreement and
such default continues for a period of thirty (30) days after
written notice thereof from GTE (provided that if such default is
not curable within such thirty (30) day period, the period will be
extended if Licensee commences to cure such default within such
thirty (30) day period and proceeds diligently thereafter to effect
such cure);
17.1.3 The filing of any tax or mechanic's lien against any GTE
conduit(s) which is not bonded or discharged within thirty (30) days
of the date Licensee receives notice that such lien has been filed;
17.1.4 Licensee's voluntary or involuntary bankruptcy;
17.1.5 Licensee's knowing use or maintenance of Licensee's Facilities in
violation of any law or regulation, or in aid of any unlawful act or
undertaking;
17.1.6 If any authorization which may be required of the Licensee by any
governmental or private authority for the placement, operation or
maintenance of Licensee's Facilities is denied or revoked.
17.2 In the event of a Material Default, GTE, without any further
notice to the Licensee (except where expressly provided for below or
required by applicable law) may do any one or more of the following:
17.2.1 Perform, on behalf and at the expense of Licensee, any
obligation of Licensee under this Agreement which Licensee
has failed to perform and of which GTE shall have given
Licensee notice, the cost of which performance shall be paid
by Licensee to GTE upon demand;
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17.2.2 Terminate this Agreement by giving notice of such
termination to Licensee and remove Licensee's Facilities and
store them in a public warehouse or elsewhere at the expense
of and for the account of Licensee without GTE being deemed
guilty of trespass or conversion, and without GTE becoming
liable for any loss or damages to Licensee occasioned
thereby; or
17.2.3 Exercise any other legal or equitable right or remedy which
GTE may have.
17.3 Any costs and expenses incurred by GTE (including, without
limitation, reasonable attorneys' fees) in enforcing this Agreement
shall be paid to GTE by Licensee upon demand.
17.4 Upon termination of this Agreement by GTE, Licensee shall remain
liable to GTE for any and all fees, other payments and damages which
may be due or sustained prior to such termination, all reasonable
costs, fees and expenses, including, without limitation, reasonable
attorneys' fees incurred by GTE in pursuit of its remedies
hereunder, and additional liquidated damages which shall be an
amount equal to one full year of Occupancy Fees.
17.5 All rights and remedies of GTE set forth in this Agreement shall be
cumulative and none shall exclude any other right or remedy, now or
hereafter allowed by or available under any statute, ordinance, rule
of court, or the common law, either at law or in equity, or both.
18. Indemnification.
18.1 Licensee shall compensate GTE for the full actual loss, damage or
destruction of GTE's property that in any way arises from or is
related to this Agreement or activities undertaken pursuant to this
Agreement (including, without limitation, the installation,
construction, operation or maintenance of Licensee's Facilities).
18.2 Licensee will further indemnify, defend and hold harmless GTE and
GTE's agents, officers, employees and assigns, from any and all
losses, damages, costs, expenses (including, without limitation,
reasonable attorneys' fees), statutory fines or penalties, actions
or claims for personal injury (including death), damage to property,
or other damage or financial loss of whatever nature in any way
arising out of or connected with this Agreement or activities
undertaken pursuant to this Agreement (including, without
limitation, the installation, construction, operation or maintenance
of Licensee's Facilities), except to the extent caused by the
negligence or willful misconduct on the part of GTE or GTE's agents,
officers, employees and assigns. Licensee further indemnifies GTE
from subsequent taxes and fees that may be levied by municipalities
ROWs in association with these agreements. Such fees that are
levied would be in addition to the attachment/occupancy fees
reflected in this Agreement. Licensee expressly assumes all
liability for actions brought against GTE and GTE's agents,
officers, employees and assigns, by Licensee's agents, officers or
employees and Licensee expressly waives any immunity from the
enforcement of this indemnification provision that might otherwise
be provided by workers' compensation law or by other state or
federal laws.
18.3 Without limiting any of the foregoing, Licensee assumes all risk
of, and agrees to relieve GTE of any and all liability for, loss or
damage (and the consequences of loss or damage) to any of
Licensee's Facilities placed in any GTE conduit(s) and any other
financial loss sustained by Licensee, whether caused by fire,
extended coverage perils, or other casualty,
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except to the extent caused by the negligence or willful misconduct
on the part of GTE or GTE's agents, officers, employees and
assigns.
18.4 Without limiting the foregoing, Licensee expressly agrees to
indemnify, defend and hold harmless GTE and GTE's agents, officers,
employees and assigns from any and all claims asserted by customers
of Licensee in any way arising out of or in connection with this
Agreement or Licensee's Attachments, except to the extent caused by
the negligence or willful misconduct on the part of GTE or GTE's
agents, officers, employees and assigns.
18.5 Notwithstanding anything to the contrary in this Agreement,
Licensee further shall indemnify and hold harmless GTE, its agents,
officers, employees and assigns from and against any claims,
liabilities, losses, damages, fines, penalties and costs (including,
without limitation, reasonable attorneys' fees) whether foreseen or
unforeseen, which the indemnified parties suffer or incur because
of: (i) any discharge of Hazardous Waste resulting from acts or
omissions of Licensee or the Licensee's predecessor in interest;
(ii) acts or omissions of the Licensee, it agents, employees,
contractors or representatives in connection with any cleanup
required by law, or (iii) failure of Licensee to comply with
Environmental, Safety and Health Laws.
18.6 In no event shall GTE be liable to Licensee for any special,
consequential or indirect damages (including, without limitation,
lost revenues and lost profits) arising out this Agreement or any
obligation arising hereunder, whether in an action for or arising
out of breach of contract, tort or otherwise.
18.7 Licensee shall indemnify, protect and hold harmless GTE from
and against any and all claims for libel and slander, copyright
and/or patent infringement arising directly or indirectly by reason
of installation of Licensee's equipment in GTE's Ducts pursuant to
this Agreement.
19. Insurance.
19.1 Licensee shall carry insurance, at its sole cost and expense,
sufficient to cover its indemnification obligations as set forth in
Section 18 of this Agreement. Such insurance shall include, but not
be limited to, coverage against liability due to personal injury or
death of persons in the amount of $500,000 as to any one person and
$1,000,000 as to any one accident; coverage against liability due to
property damage in the amount of $500,000 as to each accident and
$500,000 aggregate; and coverage necessary to fully protect both it
and GTE from all claims under any worker's compensation laws that
may be applicable.
19.2 All insurance required of Licensee under this Agreement shall
remain in force for the entire life of this Agreement. The company
or companies issuing such insurance shall be approved by GTE and GTE
shall be named as an additional insured in each such policy.
Licensee shall submit to GTE certificates by each insurer to the
effect that the insurer has insured Licensee for all potential
liabilities of Licensee under this Agreement, and that it will not
cancel or change any policy of insurance issued to Licensee except
upon thirty (30) days notice to GTE. In the event Licensee's
insurance coverage is to be canceled by reason of non-payment of
premiums due, GTE shall have the option of paying any amount due and
Licensee shall forthwith reimburse GTE the full amount paid by GTE.
19.3 Licensee shall promptly advise GTE in writing of any and all
claims for damages, including, but not limited to, damage to
property or injury to or death of persons, allegedly arising out of
or in any manner related, directly or indirectly, to the presence or
use of Licensee's Facilities.
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19.4 Licensee shall furnish bond or satisfactory evidence of
contractual insurance coverage, the terms of which shall be subject
to GTE's approval, in the amount of ten thousand dollars ($10,000)
to guarantee the payment of any sums which may become due to GTE for
rentals, inspections or for work performed by GTE for the benefit of
Licensee under this Agreement, including the removal of Licensee's
equipment pursuant to any of the provisions hereof. All bonds must
specify that the GTE be notified thirty (30) days prior to the
expiration or cancellation of the policy.
20. Taxes.
Any state or local excise, sales, or use taxes (excluding any taxes
levied on income) resulting from the performance of this Agreement shall
be borne by the Party upon which the obligation for payment is imposed
under applicable law, even if the obligation to collect and remit such
taxes is placed upon the other Party. The collecting Party shall charge
and collect from the obligated Party, and the obligated Party agrees to
pay to the collecting Party, all applicable taxes, except to the extent
that the obligated Party notifies the collecting Party and provides to the
collecting Party appropriate documentation as GTE requires that qualifies
the obligated Party for a full or partial exemption. Any such taxes
shall be shown as separate items on applicable billing documents between
the Parties. The obligated Party may contest the same in good faith, at
its own expense, and shall be entitled to the benefit of any refund or
recovery, provided that such Party shall not permit any lien to exist on
any asset of the other Party by reason of the contest. The collecting
Party shall cooperate in any such contest by the other Party. The other
Party will indemnify the collecting Party from any sales or use taxes
that may be subsequently levied on payments by the other Party by the
collecting Party.
21. Emergency Restoration Procedures.
In the event of an emergency, restoration procedures may be affected by
the presence of Licensee's Facilities in GTE's conduit(s). While GTE
shall not be responsible for the repair of Licensee's Facilities that are
damaged (except by mutual written agreement), GTE shall nonetheless
control access to its Conduits if the restoration is to be achieved in an
orderly fashion.
21.1 Where GTE and Licensee are involved in emergency restorations,
access to GTE's conduit(s) will be controlled by GTE's Maintenance
District Manager or his/her on-site representative according to the
following guidelines:
21.1.1 Service Disruptions/Outages
(a) In the event of service disruptions and/or outages,
while exercising its right to first access, GTE shall
make all reasonable efforts to grant access to as many
other entities with facilities in GTE's conduit(s) as
is reasonably safe.
(b) Where simultaneous access is not possible, access will
be granted by GTE on a first come, first served basis.
21.1.2 Service Affecting Emergencies
(a) In the event of service affecting emergencies not
resulting in service disruptions or outages, while
exercising its right to first access, GTE shall make
all reasonable efforts to grant access to as many other
entities with facilities in GTE's conduit(s) as is
reasonably safe.
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(b) Where GTE is unable to grant simultaneous access to all
other entities with facilities in GTE's conduit(s),
access will granted according to the level of damage to
the facilities of each entity and the likelihood that a
given level of damage will result in service disruption.
Where the likelihood that a service disruption will
result is not clearly discernible, access will be on a
first come, first served basis.
21.2 Without limiting any other indemnification or hold harmless
provisions of this Agreement, Licensee agrees that any decision by
GTE regarding access to Licensee's Facilities, or any action or
failure to act by GTE under this Section 21 shall not constitute a
basis for any claim by Licensee against GTE for any damage to
Licensee's Facilities or disruption of Licensee's services, or any
other direct or indirect damages of any kind whatsoever incurred by
Licensee.
22. Damage Suspected to Licensee's Facilities Only.
22.1 In the event Licensee receives information that Licensee's
Facilities are damaged, Licensee shall notify GTE of said damage at
[--TELEPHONE NUMBER--]. This is a 24-hour, 7 days per week
notification number. Licensee shall provide GTE all information
known to it regarding the damage to Licensee's Facilities.
22.2 In the event GTE receives notice that Licensee's Facilities
are damaged, GTE will notify Licensee of said damage by telephone at
the Licensee's emergency telephone number. GTE shall provide
Licensee all information known to it regarding the damage to
Licensee's Facilities.
22.3 After the giving of such notice by either Licensee or GTE,
Licensee shall be authorized to perform emergency restoration
maintenance activities in connection with Licensee's Facilities,
subject to the provisions of this Agreement.
22.4 Without limiting any other indemnification or hold harmless
provisions of this Agreement, Licensee agrees that any decision by
GTE regarding access to Licensee's facilities, or any action or
failure to act by GTE, appropriately or inappropriately, under this
Section shall not be the basis for any claim by Licensee against GTE
for any damage to Licensee's Facilities or disruption of Licensee's
services, or any other direct or indirect damages of any kind
whatsoever incurred by Licensee and Licensee shall indemnify and
hold GTE harmless from any such claim.
23. Access to GTE's Manholes/Handholes.
23.1 GTE will allow Licensee to audit manholes/handholes that are
included in any COR submitted to GTE to confirm usability. Licensee
shall give GTE at least fourteen (14) days advance written notice of
its desire to audit and shall obtain all authorizations from
appropriate authorities required to open the manholes/handholes.
GTE shall have the right to have a GTE employee or agent present
when its manholes/handholes are being opened. Such GTE employee or
agent shall have the authority to suspend Licensee's activities in
and around GTE's manholes/handholes if, in the sole discretion of
said employee or agent, any hazardous conditions arise or any unsafe
practices are being followed by Licensee's employees, agents, or
contractors. Licensee agrees to reimburse GTE the cost of having
GTE's employee or agent present. Such charge shall be GTE's fully
loaded labor rates then in effect.
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23.2 For purposes other than to audit usability, GTE's manholes/handholes
shall be opened only as permitted by GTE and only after Licensee has
obtained all necessary authorizations from appropriate authorities to
open manholes/handholes and conduct work operations therein. GTE
shall have the right to have a GTE employee or agent present at any
site at which its manholes/handholes are being opened. Such GTE
employee or agent shall have the authority to suspend Licensee's work
operations in and around GTE's manholes/handholes if, in the sole
discretion of said employee or agent, any hazardous conditions arise
or any unsafe practices are being followed by Licensee's employees,
agents, or contractors. Licensee agrees to reimburse GTE the cost of
having GTE's employee or agent present. Such charge shall be GTE's
fully loaded labor rates then in effect. The presence of GTE's
authorized employee or agent shall not relieve Licensee of its
responsibility to conduct all of its work operations in and around
GTE's conduit(s) in a safe and workmanlike manner, in accordance with
the terms of this Agreement.
24. Abandonment.
Nothing in this Agreement shall prevent or be construed to prevent GTE
from abandoning, selling, assigning or otherwise disposing of any GTE
conduit(s) or other GTE property used in connection with Licensee's
Facilities; provided, however, that GTE shall condition any such sale,
assignment or other disposition subject to the rights granted to Licensee
pursuant to this Agreement. GTE shall promptly notify Licensee of any
proposed sale, assignment or other disposition of any GTE conduit(s) or
other GTE property used in connection with Licensee's Facilities.
25. Notices.
Any written notice to be given to a party to this Agreement shall be in
writing and given or made by means of telegram, facsimile transmission,
certified or registered mail, express mail or other overnight delivery
service, or hand delivery, proper postage or other charges prepaid, and
addressed or directed to the respective parties as follows:
To Licensee: __________________________
__________________________
__________________________
To GTE: __________________________
__________________________
__________________________
Any notice given by personal delivery shall be deemed to have been given
on the day of actual delivery and, if given by registered or certified
mail, return receipt requested, on the date of receipt thereof and, if
given by facsimile transmission, on the day of transmittal thereof if
given during the normal business hours of the recipient and on the next
business day if not given during normal business hours.
26. Non-Waiver of Terms and Conditions.
No course of dealing, course of performance or failure to enforce any of
term, right, condition or other provision of this Agreement shall
constitute or be construed as a waiver of any term, right or condition or
other provision of this Agreement.
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27. Dispute Resolution.
27.1 Except in the case of (i) a suit, action or proceeding by GTE
to compel Licensee to comply with its obligations to indemnify GTE
pursuant to this Agreement or (ii) a suit, action or proceeding to
compel either party to comply with the dispute resolution procedures
set forth in this section, the parties agree to use the following
procedure to resolve any dispute, controversy or claim arising out
of or relating to this Agreement or its breach.
27.2 At the written request of a party, each party shall designate
a knowledgeable, responsible representative to meet and negotiate in
good faith to resolve any dispute, controversy or claim arising
under this Agreement. The parties intend that these negotiations be
conducted by non-lawyer, business representatives. The substance of
the negotiations shall be left to the discretion of the
representatives. Upon mutual agreement, the representatives may
utilize other alternative dispute resolution procedures such as
mediation to assist in the negotiations. Discussions and
correspondence between the representatives for purposes of these
negotiations shall be treated as confidential, undertaken for
purposes of settlement, shall be exempt from discovery and
production, and shall not be admissible in the arbitration described
below or in any subsequent lawsuit without the concurrence of all
parties. Documents identified in or provided during such
negotiations, which are not prepared for purposes of the
negotiations, shall not be so exempt and may, if otherwise
admissible, be admitted as evidence in any subsequent proceeding.
27.3 If a resolution of the dispute, controversy or claim is not
reached within sixty (60) days of the initial written request, the
dispute, controversy or claim shall be submitted to binding
arbitration by a single arbitrator pursuant to the rules of the
American Arbitration Association (AAA), except as hereinafter
provided. Discovery in any proceeding before the AAA shall be
controlled by the arbitrator and shall be permitted to the extent
set forth in this section. Parties may exchange, in any
combination, up to thirty-five (35) (none of which may contain
subparts) written interrogatories, demands to produce documents and
requests for admission. Each party may also to take the oral
deposition of one (1) witness. Additional discovery may be
permitted upon mutual agreement of the parties. The arbitration
hearing shall be commenced within sixty (60) days of the demand for
arbitration and shall be held in the city where GTE's local offices
are located. The arbitrator shall rule on the dispute, controversy
or claim by issuing a written opinion within thirty (30) days after
the close of hearings. The times specified in this section may be
extended upon mutual agreement of the parties or by the arbitrator
upon a showing of good cause. Judgment upon the award rendered by
the arbitrator may be entered in any court having jurisdiction.
27.4 Each party shall bear its own costs, including attorneys'
fees, incurred in connection with any of the foregoing procedures.
A party seeking discovery shall reimburse the responding party the
cost of reproducing documents (to include search time and
reproduction time costs). The fees associated with any arbitration,
including the fees of the arbitrator, shall be divided equally
between the parties.
28. Compliance With Laws.
Notwithstanding anything to the contrary in this Agreement, Licensee
shall ensure that any and all activities it undertakes pursuant to this
Agreement shall comply with all applicable laws, including, without
limitation, all applicable provisions of (I) workers' compensation laws,
(ii) unemployment compensation laws, (iii) the Federal Social Security
Law, (iv) the Fair Labor Standards Act, and (v) all laws, regulations,
rules, guidelines, policies, orders, permits and
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approvals of any governmental authority relating to environmental matters
and/or occupational safety.
29. Force Majeure.
Except for payment of the Occupancy Fees and other amounts payable under
this Agreement, neither party shall have any liability for its delays or
its failure in performance due to fire, flood, explosion, pest damage,
power failures, strikes or labor disputes, acts of God, the Elements,
war, civil disturbances, acts of civil or military authorities or the
public enemy, inability to secure raw materials, transportation
facilities, fuel or energy shortages, or other cause beyond its control.
30. Assignment.
30.1 The rights and obligations of Licensee under this Agreement
shall not be assigned, transferred or sub-licensed, in whole or in
part, without the prior written consent of GTE. An assignment,
transfer or sub-license of this Agreement by Licensee shall not
relieve Licensee of its obligations under this Agreement. Any
assignment attempted without the prior written consent of GTE shall
be void.
30.2 GTE shall have the right to assign this Agreement and to
assign its rights and delegate its obligations and liabilities under
this Agreement, either in whole or in part. GTE shall provide
notice to Licensee of any assignment which shall state the effective
date thereof. Upon the effective date and to the extent of the
assignment, GTE shall be released and discharged from all
obligations and liabilities under this Agreement.
30.3 Neither this Agreement nor any term or provision hereof, nor
any inclusion by reference shall be construed as being for the
benefit of any person or entity not a signatory hereto.
30.4 This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns.
31. Applicable Law.
This Agreement, and the rights and obligations contained in it, shall be
governed and construed under the laws of the State of ________________
without regard to its conflicts of laws provisions.
32. Subsequent Law.
The terms and conditions of this Agreement shall be subject to any and
all applicable laws, rules, regulations or guidelines that subsequently
may be prescribed by any federal, state or local governmental authority.
To the extent required by any such subsequently prescribed law, rule,
regulation or guideline, the parties agree to modify, in writing, the
affected term(s) and condition(s) of this Agreement to bring them into
compliance with such law, rule, regulation or guideline. Should any term
of this Agreement be determined by a court or other entity with competent
jurisdiction to be unenforceable, all other terms of this Agreement shall
remain in full force and effect.
33. Headings.
All headings contained in this Agreement are for convenience only and are
not intended to affect the meaning or interpretation of any part of this
Agreement.
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34. Entire Agreement.
The terms and conditions of this Agreement supersede all prior oral or
written understandings between the parties and constitute the entire
agreement between them concerning the subject matter of this Agreement.
There are no understandings or representations, express or implied, not
expressly set forth in this Agreement. This Agreement shall not be
modified or amended except by a writing signed by the party to be
charged.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement through
their authorized representatives.
For GTE: For Licensee:
GTE
---------------------------------- -------------------------
(Signature of Authorized Agent) (Signature of Officer)
(Printed Name of Authorized Agent) (Printed Name of Officer)
(Title) (Title)
(Date) (Date)
ATTEST:
Corporate Seal (If Applicable)
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EXHIBIT _____
OCCUPANCY FEES
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APPENDIX M
RECIPROCAL COMPENSATION FOR CALL TERMINATION
1. This document describes the reciprocal compensation arrangements between
DTI and GTE for Local Tariff, Toll and Switched Access Services. The
Parties shall compensate each other for transport and termination of such
traffic at the rates provided in Appendix D and/or the appropriate
Parties' Switched Access Tariff.
2. Compensation for Call Termination
A. Reciprocal compensation does not apply in a resale
environment.
B. The following compensation terms shall apply in all cases
where DTI purchases GTE's unbundled Local Switching:
1. For local intra-switch calls between lines
connected to GTE's switch where DTI has purchased GTE's
unbundled Local Switching, the Parties agree to impose no call
termination charges on each other. GTE's Local Switching
charge will apply as described below where the call is:
(a) Originated by DTI's customer and completed to a GTE
customer:
(1) (For use of the local switch): Local Switching
charge at the originating office will apply to DTI.
(b) Originated by DTI's customer and completed to the
customer of a Third Party LEC (not affiliated with DTI)
using GTE's unbundled Local Switching:
(1) (For use of the local switch): Local Switching
charge at the originating office will apply to
DTI.
(c) Originated by DTI's customer and completed to another
DTI's customer using GTE's unbundled Local Switching.
(1) (For use of the local switch): Local Switching
charge at the originating office will apply to
DTI.
(d) Originated by a GTE customer and terminated to DTI's
customer using GTE's unbundled Local Switching.
(1) No Local Switching charge will apply.
(e) Originated by the customer of a Third Party LEC (not
affiliated with DTI) using GTE's unbundled Local
Switching and terminated to DTI's customers using
GTE's unbundled Local Switching.
(1) No Local Switching charge will apply to DTI.
2. For Local inter-switch calls where DTI has purchased GTE's
unbundled Local Switching.
GTEs charges will apply to DTI described below where the call is:
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(a) Originated from DTI's end-user customer using GTE's
unbundled Local Switching and completed to a GTE
customer.
(1) (For use of the local switch): Local Switching
charge at the originating office.
(2) a mileage-based transport charge will apply when DTI
uses GTE's transport.
(3) (For call termination): Charges for local
interconnection/call termination, when applicable.
(b) Originated from DTI's customer using GTE's unbundled Local
Switching and completed to a Third Party LEC (not
affiliated with DTI) customer using GTE's unbundled Local
Switching.
(1) (For use of the local switch): Local Switching
charge at the originating Office.
(2) a mileage-based transport charge will apply when DTI
uses GTE's transport.
(c) Originated from DTI's customer using GTE's unbundled Local
Switching and completed to the interconnected network of
a Third Party LEC (not affiliated with DTI).
(1) (For use of the local switch): Local Switching
charge at the originating office.
(2) a mileage-based transport charge will apply when DTI
uses GTE's transport, and mileage shall be measured
between the originating office and the POI of the
Third Party's network.
(d) Originated from DTI's customer using GTE's unbundled Local
Switching and completed to DTI's customer using GTE's
unbundled Local Switching.
(1) (For use of the local switch): Local Switching
charge at the originating office.
(2) a mileage-based transport charge will apply when DTI
uses GTE's transport.
(3) (For use of the local switch): Local Switching
charge at the terminating office.
(d) Originated by a GTE customer and terminated to DTI's
customer using GTE's unbundled Local Switching.
(1) (For use at local switch): Local Switching Charge
at the terminating office.
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(2) (For call termination): DTI shall charge GTE for
local interconnection/call termination, when
applicable.
(f) Originated by a customer of a third-party LEC (not
affiliated with DTI) using GTE's unbundled Local
Switching and terminated to DTI's customer using GTE's
unbundled Local Switching.
(1) (For use of the local switch): Local Switching
charge at the terminating office.
(g) Originated by a customer of the interconnected network of
a third-party LEC (not affiliated with DTI) and
terminated to DTI's customer using GTE's unbundled Local
Switching.
(1) (For use of the local switch): Local Switching
charge at the terminating office.
3. For intraLATA toll calls where DTI has purchased GTE's unbundled Local
Switching, charges per Unbundled Network Element pricing shall apply as
follows:
a. Originated by DTI's customer and completed to a GTE customer.
1. (For use of the local switch): Local Switching
charge plus RIC and CCLC (Residual Interconnection Charge) at
the originating office.
2. Shared transport charge between the two offices
will apply when DTI uses GTE's transport.
3. (For call termination): End Office Switching
charge at the terminating office (Switched Access Rate).
4. RIC and CCLC at the terminating office.
B. Originated by DTI's customer and completed to the customer of
a third-party LEC (not affiliated with DTI) using GTE's unbundled
Local Switching in a distant end office.
1. (For use of the local switch): Local Switching
charge plus RIC and CCLC at the originating office.
2. Shared transport charge between the two offices
will apply when DTI uses GTE's transport.
C. Originated by DTI customer and completed to the network of a
third-party LEC (not affiliated with DTI) interconnected with GTE's
network.
1. (For use of the local switch): Local Switching
charge, plus RIC and CCLC, at the originating office.
2. Common transport charge will apply when DTI uses
GTE's transport, and mileage shall be measured between the
originating office and the POI of the Third Party's network.
3. Tandem Switching, where applicable.
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D. Originated by DTI's customer and completed by another of
DTI's customers being served through GTE's unbundled Local Switching
in a distant office.
1. (For use of the local switch): Local Switching
charge plus RIC and CCLC at the originating office.
2. Shared transport charge between the two offices
will apply when DTI uses GTE's transport.
3. (For use of the local switch): Local Switching
charge plus RIC and CCLC at the terminating office.
E. Originated by a GTE customer and terminated to DTI's customer
using GTE's unbundled Local Switching.
1. (For use of the local switch): Local Switching
charge plus RIC and CCLC at the terminating office.
2. (For call termination): DTI will charge GTE
Local Switching at the terminating office (Switched Access
Rate).
3. (For call termination): DTI will charge GTE NIC
and CCLC at the terminating office.
F. Originated by the customer of a third-party LEC (not
affiliated with DTI) using GTE's unbundled Local Switching in a
distant end office and terminated to DTI's customer using GTE's
unbundled Local Switching.
1. (For use of the local switch): Local Switching
charge plus RIC and CCLC at the terminating office.
G. Originated by a customer of the network of a third-party LEC
(not affiliated with DTI) interconnected with GTE's network and
terminated to DTI's customer using GTE's unbundled Local Switching.
1. (For use of the local switch): Local Switching
charge plus RIC and CCLC at the terminating office.
4. For intrastate Switched Access calls where DTI's is using GTE's unbundled
Local Switching for calls originated from or terminated to an IXC for
completion:
a. For calls originated from DTI's customer to DTI's own IXC
switch (or that of an affiliate) for completion.
1. (For use of the local switch): Local Switching
charge at the terminating office.
2. Originating RIC and CCLC.
3. GTE will charge DTI's IXC affiliate the following
Switched Access elements on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
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4. DTI will charge DTI's IXC affiliate the following
Switched Access elements on a meet-point basis:
(a) Originating RIC and CCLC;
(b) Local Switching.
B. For calls originating from DTI's customer to an IXC's switch
not affiliated with DTI.
1. (For use of the local switch): DTI's customer to
an IXC's switch not affiliated with DTI.
2. Originating RIC and CCLC.
3. GTE shall charge the non-affiliated IXC for the
following originating Switched Access on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge the non-affiliated IXC for the
following Switched Access elements on a meet-point basis:
(a) Originating RIC and CCLC;
(b) Local Switching.
C. For calls terminating to DTI's end-user customer from DTI's
own IXC switch (or that of an affiliate) for completion.
1. (For use of the local switch): Local Switching
charge at the terminating office.
2. Terminating RIC and CCLC.
3. GTE will charge DTI's IXC (affiliate) the
following Switched Access elements on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge DTI's IXC (affiliate) for the
following Switched Access elements on a meet-point basis:
(a) Terminating RIC and CCLC.
(b) Local Switching.
D. For calls terminating to DTI's customer from an IXC switch
not affiliated with DTI.
1. (For use of the local switch): Local Switching
charge at the terminating office.
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2. Terminating RIC and CCLC.
3. GTE shall charge the IXC for the following
terminating Switched Access on a meet point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge IXC for the following Switched
Access elements on a meet-point basis:
(a) Terminating RIC and CCLC;
(b) Local Switching.
5. For interstate Switched Access calls where DTI is using GTE's unbundled
Local Switching for calls originated from or terminated to an IXC for
completion:
a. For calls originated from DTI's customer to DTI's own IXC
switch (or that of an affiliate) for completion.
1. (For use of the local switch): Local Switching
charge at the originating office.
2. Originating Residual Interconnection Charge (RIC)
and CCL.
3. GTE shall charge DTI's IXC affiliate for the
following originating Switched Access on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge DTI's IXC affiliate the following
Switched Access elements on a meet-point basis:
(a) Originating RIC;
(b) Originating CCLC;
(C) Local Switching.
B. For calls originated from DTI's customer to an IXC's switch
not affiliated to DTI.
1. (For use of the local switch): Local Switching
charge at the terminating office.
2. Originating RIC and CCLC.
3. GTE shall charge the IXC for the following
originating Switched Access on a meet-point basis:
(a) Local Transport;
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(b) Tandem Switching.
4. DTI will charge IXC the following Switched Access
elements on a meet-point basis:
(a) Originating RIC;
(b) Originating CCLC;
(c) Local Switching.
C. For calls terminating to DTI's customer for DTI's own IXC switch (or
that of an affiliate) for completion.
1. (For use of the local switch): Local Switching
charge at the terminating office.
2. Terminating RIC and CCL.
3. GTE will charge DTI's IXC (affiliate) the
following Switched Access elements on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge DTI's IXC affiliate the following
Switched Access elements on a meet-point basis:
(a) Terminating RIC;
(b) Terminating CCLC;
(c) Local Switching.
D. For calls terminating to DTI's customer from an IXC switch
not affiliated with DTI.
1. (For use of the local switch): Local Switching
charge at the terminating office.
2. Terminating RIC and CCL.
3. GTE will charge the non-affiliated IXC for the
following terminating Switched Access on a meet-point basis:
(a) Local Transport;
(b) Tandem Switching.
4. DTI will charge IXC the following Switched Access
elements on a meet-point basis:
(a) Terminating RIC;
(b) Terminating CCLC;
(c) Local Switching.
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APPENDIX 46A
GTE TERMS
Pursuant to Section 46 of Article III of the GTE/Digital Teleport, Inc.
Interconnection Agreement, and subject to all the terms and conditions of that
Section, each of the following rates or terms may be replaced or supplemented
by the correlative rate or term set forth in the Arbitrating CLEC Terms listed
in Appendix 46, as and when provided in Section 46 and only until, as long as,
and under the conditions prescribed by Section 46.
1. Substitute the Avoided Cost Discount in Appendix F with the resale
discount rates(s) that may be indicated in Appendix 46B.
2. Substitute the list of services excluded from resale under Section 2.2 of
Article VI to remove those services to be made available for resale that
may be indicated in Appendix 46B.
3. Substitute the list of services available for resale but not at a
discount under Section 2.3 if Article VI to remove those services to be
made available for resale at a discount that may be indicated in Appendix
46B.
4. Substitute the rates for transport and termination of traffic in Appendix
D with the rates that may be indicated in Appendix 46B.
5. Substitute the prices for unbundled elements in Appendix G with prices
that may be indicated in Appendix 46B.
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APPENDIX 46B
ARBITRATING CLEC TERMS
Pursuant to Section 46 of Article III of the GTE/Digital Teleport, Inc.
Interconnection Agreement, and subject to all of the terms and conditions
thereof, and after notice as called for in Section 46, the following terms as
written in the "Arbitrating CLEC" Agreement referred to in Section 46 will be
substituted for the GTE Terms which are set out in Appendix 46A as and when
Section 46 calls for them to be substituted.
When the identity of the Arbitrating CLEC Agreement is established pursuant to
the provisions of Section 46, the parties shall modify this Appendix by
replacing the descriptions of subjects below with the specific rates and terms
of the Arbitrating CLEC Agreement that describes those precise points.
1. The resale discount percentages(s) ordered by the arbitrator to apply to
the services that will be provided under Article VI of this Agreement for
resale at a discount.
2. The services that were ordered by the arbitrator to be made available for
resale which would otherwise be excluded from available resale services
under Article VI, Section 2.2 of this Agreement.
3. The services that were ordered by the arbitrator to be made available for
resale at a discount which would otherwise be made available but not at a
discount under Article VI, Section 2.3 of this Agreement.
4. The rates for transport and termination of traffic ordered by the
arbitrator to apply to the services that will be provided under Article V
of this agreement.
5. The rates for unbundled elements ordered by the arbitrator to apply to
the services that will be provided under Article VII of this Agreement.
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