Exhibit 10.4
AMENDED AND RESTATED
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252
OF THE TELECOMMUNICATIONS ACT OF 1996
Dated as of March 16, 1998/1/
by and between
AMERITECH INFORMATION INDUSTRY SERVICES,
a division of Ameritech Services, Inc.
on behalf of Ameritech Indiana
and
FOCAL COMMUNICATIONS CORPORATION OF ILLINOIS
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/1/ See Footnote 2 on signature page.
TABLE OF CONTENTS
Page
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1.0 DEFINITIONS............................................... 1
2.0 INTERPRETATION AND CONSTRUCTION........................... 7
3.0 IMPLEMENTATION SCHEDULE AND INTERCONNECTION ACTIVATION
DATES..................................................... 8
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2)............. 8
4.1 Scope................................................ 8
4.2 Physical Architecture................................ 8
4.3 Interim Alternative Physical Architecture............ 10
4.4 Technical Specifications............................. 11
4.5 Interconnection in Additional LATAs.................. 11
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE
SERVICE TRAFFIC PURSUANT TO SECTION 251(c)(2.............. 12
5.1 Scope of Traffic..................................... 12
5.2 Switching System Hierarchy........................... 12
5.3 Trunk Group Architecture and Traffic Routing......... 13
5.4 Interim Use of 1-Way Trunks.......................... 13
5.5 Signaling............................................ 13
5.6 Grades of Service.................................... 14
5.7 Measurement and Billing.............................. 14
5.8 Reciprocal Compensation Arrangements--Section
251(b)(5)............................................ 14
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC
PURSUANT TO 251(c)(2)..................................... 15
6.1 Scope of Traffic..................................... 15
6.2 Trunk Group Architecture and Traffic Routing......... 15
6.3 Meet-Point Billing Arrangements...................... 16
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC....... 16
7.1 Information Services Traffic......................... 16
7.2 BLV/BLVI Traffic..................................... 17
7.3 Transit Service...................................... 17
(i)
8.0 JOINT GROOMING PLAN AND INSTALLATION, MAINTENANCE,
TESTING AND REPAIR.................................................... 18
8.1 Joint Grooming Plan............................................. 19
8.2 Installation, Maintenance, Testing and Repair................... 19
9.0 UNBUNDLED ACCESS--SECTION 251(c)(3)................................... 19
9.1 Access to Network Elements...................................... 19
9.2 Network Elements................................................ 20
9.3 Combination of Network Elements................................. 21
9.4 Nondiscriminatory Access to and Provision of Network Elements... 22
9.5 Provisioning of Network Elements................................ 23
9.6 Availability of Additional or Different Quality Network Elements 23
9.7 Pricing of Unbundled Network Elements........................... 23
9.8 Maintenance of Unbundled Network Elements....................... 25
9.9 Standards of Performance........................................ 25
10.0 RESALE--SECTIONS 251(c)(4) and 251(b)(1).............................. 26
10.1 Availability of Wholesale Rates for Resale...................... 26
10.2 Availability of Retail Rates for Resale......................... 27
11.0 NOTICE OF CHANGES--SECTION 251(c)(5).................................. 27
12.0 COLLOCATION--SECTION 251(c)(C)........................................ 27
13.0 NUMBER PORTABILITY--SECTION 251(b)(2)................................. 28
13.1 Scope........................................................... 28
13.2 Procedures for Providing INP Through Remote Call Forwarding.....
13.3 Procedures for Providing INP Through Direct Inward Dial......... 29
13.4 Procedures for Providing INP Through NXX Migration.............. 29
13.5 Receipt of Terminating Compensation on Traffic to INP'ed Numbers 30
14.0 DIALING PARITY -- SECTION 251(b)(3)................................... 31
15.0 ACCESS TO RIGHTS-OF-WAY -- SECTION 251(b)(4).......................... 31
16.0 DATABASE ACCESS....................................................... 31
17.0 REFERRAL ANNOUNCEMENT................................................. 31
18.0 OTHER SERVICES........................................................ 31
19.0 GENERAL RESPONSIBILITIES OF THE PARTIES............................... 32
20.0 TERM AND TERMINATION.................................................. 33
(ii)
21.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.......................... 34
22.0 CANCELLATION CHARGES.................................................. 34
23.0 NON-SEVERABILITY...................................................... 34
24.0 INDEMNIFICATION....................................................... 34
25.0 LIMITATION OF LIABILITY............................................... 35
26.0 AMENDMENT OR OTHER CHANGES TO THE ACT; RESERVATION OF
RIGHTS................................................................ 36
27.0 REGULATORY APPROVAL................................................... 37
28.0 MISCELLANEOUS......................................................... 37
28.1 Authorization.................................................. 37
28.2 Compliance..................................................... 37
28.3 Compliance with the Communications Law Enforcement
("CALEA") Act of 1994.......................................... 37
28.4 Independent Contractor......................................... 37
28.5 Force Majeure.................................................. 38
28.6 Confidentiality................................................ 38
28.7 Governing Law.................................................. 39
28.8 Taxes.......................................................... 39
28.9 Non-Assignment................................................. 39
28.10 Non-Waiver..................................................... 39
28.11 Disputed Amounts............................................... 39
28.12 Notices........................................................ 40
28.13 Publicity and Use of Trademarks or Service Marks............... 41
28.14 Section 252(i) Obligations..................................... 41
28.15 Additional Right to Modification............................... 42
28.16 Joint Work Product............................................. 42
28.17 No Third Party Beneficiaries; Disclaimer of Agency............. 42
28.18 No License..................................................... 42
28.19 Technology Upgrades............................................ 42
28.20 Survival....................................................... 43
28.21 Scope of Agreement............................................. 43
28.22 Entire Agreement............................................... 43
SCHEDULE 1.0 CERTAIN TERMS AS DEFINED THE ACT AS OF MAY 16,
1996
SCHEDULE 3.0 IMPLEMENTATION SCHEDULE
(iii)
SCHEDULE 9.2.1 LOCAL LOOPS
SCHEDULE 9.2.2 UNBUNDLED ACCESS TO NETWORK INTERFACE DEVICES
SCHEDULE 9.2.3 SWITCHING
SCHEDULE 9.2.4 INTEROFFICE TRANSMISSION FACILITIES
SCHEDULE 9.2.5 SIGNALING NETWORKS AND CALL-RELATED DATABASES
SCHEDULE 9.2.6 OPERATIONS SUPPORT SYSTEMS FUNCTIONS
SCHEDULE 9.2.7 OPERATOR SERVICES AND DIRECTORY SERVICES
SCHEDULE 9.3.4 COMBINATIONS
SCHEDULE 9.3.5 COMBINATIONS AVAILABLE THROUGH BONA FIDE REQUEST
SCHEDULE 9.5 PROVISIONING OF NETWORK ELEMENTS
SCHEDULE 9.5.3 FORM OF REPRESENTATION OF AUTHORIZATION
SCHEDULE 9.8 LOOP MAINTENANCE PROCEDURES
SCHEDULE 9.9 NETWORK ELEMENT PERFORMANCE BENCHMARKS
SCHEDULE 9.9.6 CREDIT ALLOWANCES INDIANA
PRICING SCHEDULE - INDIANA
EXHIBIT A NETWORK ELEMENT BONA FIDE REQUEST
(iv)
AMENDED AND RESTATED
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
This Amended and Restated Interconnection Agreement under Sections 251 and
252 of the Telecommunications Act of 1996 ("Agreement"), is effective as of the
16th day of March, 1998, by and between Ameritech Information Industry Services,
a division of Ameritech Services, Inc., a Delaware Corporation with offices at
000 X. Xxxxxxx, Xxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, on behalf of Ameritech
Indiana ("Ameritech") and Focal Communications Corporation of Illinois ("Focal")
a Delaware corporation with offices at 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx,
Xxxxxxxx 00000.
WHEREAS, the Parties want to interconnect their networks at mutually agreed
upon points of interconnection to provide Telephone Exchange Services (as
defined below) and Exchange Access (as defined below) to their respective
Customers.
WHEREAS, the Parties entered into an Interconnection Agreement dated as of
May 17, 1996 (the "Effective Date") (the "Existing Interconnection Agreement")
that set forth the respective obligations of the Parties and the terms and
conditions under which the Parties interconnected their networks and provided
other services as required by the Act (as defined below) and additional services
as set forth in such Existing Interconnection Agreement.
WHEREAS, Focal has exercised its rights under Section 28.14 of the Existing
Interconnection Agreement and Section 252(i) of the Act to incorporate the terms
and conditions of an Other Agreement (as defined in the Existing Interconnection
Agreement) as provided in Section 28.14 of the Existing Interconnection
Agreement, and the Parties are entering into this Amended and Restated
Interconnection Agreement to reflect such terms and conditions of such Other
Agreement and certain other amendments mutually agreed upon by the Parties.
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, Focal and Ameritech hereby agree as follows:
1.0 DEFINITIONS.
As used in this Agreement, the following terms shall have the meanings
specified below in this Section 1.0. For convenience of reference only, the
definitions of certain terms that are As Defined in the Act (as defined below)
are set forth on Schedule 1.0. Schedule 1.0 sets forth the definitions of such
terms as of the date specified on such Schedule and neither Schedule 1.0 nor any
revision, amendment or supplement thereof which is prepared by the Parties to
reflect any amended or additional term set forth or subsequent interpretation of
any term that is in the Act is intended to be a part of or to affect the meaning
or interpretation of this Agreement.
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1.1 "Act" means the Communications Act of 1934 (47 U.S.C. (S)151 et seq.),
as amended by the Telecommunications Act of 1996, and as from time to time
interpreted in the duly authorized rules and regulations of the FCC or a
Commission within its state of jurisdiction.
1.2 "ADSL" or "Asymmetrical Digital Subscriber Line" means a transmission
technology which transmits an asymmetrical digital signal using one of a variety
of line codes.
1.3 "Affiliate" is As Defined in the Act.
1.4 "As Defined in the Act" means as specifically defined by the Act and
as from time to time interpreted in the duly authorized rules and regulations of
the FCC or the Commission.
1.5 "As Described in the Act" means as described in or required by the Act
and as from time to time interpreted in the duly authorized rules and
regulations of the FCC or the Commission.
1.6 "Automatic Number Identification" or "ANI" means a Feature Group D
signaling parameter which refers to the number transmitted through a network
identifying the billing number of the calling party.
1.7 "BLV/BLVI Traffic" means an operator service call in which the caller
inquires as to the busy status of or requests an interruption of a call on
another Customer's Telephone Exchange Service line.
1.8 "Calling Party Number" or "CPN" is a Common Channel Interoffice
Signaling ("CCIS") parameter which refers to the number transmitted through a
network identifying the calling party.
1.9 "Central Office Switch" means a switch used to provide
Telecommunications Services, including, but not limited to:
(a) "End Office Switches" which are used to terminate Customer
station Loops for the purpose of interconnection to each other and to trunks;
and
(b) "Tandem Office Switches" or "Tandems" which are used to connect
and switch trunk circuits between and among other Central Office Switches.
A Central Office Switch may also be employed as a combination End
Office/Tandem Office Switch.
1.10 "CCS" means one hundred (100) call seconds.
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1.11 "CLASS Features" means certain CCIS-based features available to
Customers including, but not limited to: Automatic Call Back; Call Trace;
Caller Identification related blocking features; Distinctive Ringing/Call
Waiting; Selective Call Forward; and Selective Call Rejection.
1.12 "Collocation" means an arrangement whereby one Party's (the
"Collocating Party") facilities are terminated in its equipment necessary for
Interconnection or for access to Network Elements on an unbundled basis which
has been installed and maintained at the premises of a second Party (the
"Housing Party"). For purposes of Collocation, the "premises" of a Housing Party
is limited to occupied structure or portion thereof in which such Housing Party
has the exclusive right of occupancy. Collocation may be "physical" or
"virtual". In Physical Collocation," the Collocating Party installs and
maintains its own equipment in the Housing Party's premises. In "Virtual
Collocation," the Housing Party installs and maintains the Collocating Party's
equipment in the Housing Party's premises.
1.13 "Commission" or "IURC" means the Indiana Utility Regulatory
Commission.
1.14 "Common Channel Interoffice Signaling" or "CCIS" means the signaling
system, developed for use between switching systems with stored-program control,
in which all of the signaling information for one or more groups of trunks is
transmitted over a dedicated high-speed data link rather than on a per-trunk
basis and, unless otherwise agreed by the Parties, the CCIS used by the Parties
shall be SS7.
1.15 "Cross Connection" means a connection provided pursuant to Collocation
at the Digital Signal Cross Connect, Main Distribution Frame or other suitable
frame or panel between (i) the Collocating Party's equipment and (ii) the
equipment or facilities of the Housing Party.
1.16 "Customer" means a third-party residence or business that subscribes
to Telecommunications Services provided by either of the Parties.
1.17 "Delaying Event" means (a) any failure of a Party to perform any of
its obligations set forth in this Agreement, caused in whole or in part by (i)
the failure of the other Party to perform any of its obligations set forth in
this Agreement (including the Implementation Schedule), or (ii) any delay, act
or failure to act by the other Party or its Customer, agent or subcontractor or
(b) any Force Majeure Event.
1.18 "Dialing Parity" is As Defined in the Act. As used in this Agreement,
Dialing Parity refers to both Local Dialing Parity and Toll Dialing Parity.
"Local Dialing Parity" means the ability of Telephone Exchange Service Customers
of one LEC to place local calls to Telephone Exchange Service Customers of
another LEC, without the use of any access code and with no unreasonable dialing
delay. "Toll Dialing Parity" means the ability of Telephone Exchange Service
Customers of a LEC to have their toll calls (inter or intraLata) routed to a
toll carrier (intraLATA or interLATA) of their selection without dialing access
codes or additional digits and with no unreasonable dialing delay.
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1.19 "Digital Signal Level" means one of several transmission rates in the
time-division multiplex hierarchy.
1.20 "Digital Signal Level 0" or "DS0" means the 64 Kbps zero-level signal
in the time-division multiplex hierarchy.
1.21 "Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level
signal in the time-division multiplex hierarchy. In the time-division
multiplexing hierarchy of the telephone network, DS1 is the initial level of
multiplexing.
1.22 "Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level in
the time-division multiplex hierarchy. In the time-division multiplexing
hierarchy of the telephone network, DS3 is defined the third level of
multiplexing.
1.23 "Exchange Message Record" or "EMR" means the standard used for
exchange of Telecommunications message information among Telecommunications
providers for billable, non-billable, sample, settlement and study data. EMR
format is contained in Bellcore Practice BR-010-200-010 XXXX Exchange Message
Record.
1.24 "Exchange Access" is As Defined in the Act.
1.25 "FCC" means the Federal Communications Commission.
1.26 "Fiber-Meet" means an Interconnection architecture method whereby the
Parties physically Interconnect their networks via an optical fiber interface
(as opposed to an electrical interface) at a mutually agreed upon location.
1.27 "HDSL" or "High-Bit Rate Digital Subscriber Line" means a transmission
technology which transmits up to a DS1-level signal, using any one of the
following line codes: 2 Binary / 1 Quartenary ("2B1Q"), Carrierless AM/PM,
Discrete Multitone ("DMT"), or 3 Binary / 1 Octel ("3B1O").
1.28 "Information Service Traffic" means Local Traffic or IntraLATA Toll
Traffic which originates on a Telephone Exchange Service line and which is
addressed to an information service provided over a Party's information services
platform (e.g., 976).
1.29 "Integrated Digital Loop Carrier" means a subscriber loop carrier
system which integrates within the switch at a DS1 level that is twenty-four
(24) local Loop transmission paths combined into a 1.544 Mbps digital signal.
1.30 "Interconnection" is As Described in the Act and refers to the
connection of separate pieces of equipment, facilities, or platforms between or
within networks for the purpose of transmission and routing of Telephone
Exchange Service traffic and Exchange Access traffic.
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1.31 "Interexchange Carrier" or "IXC" means a carrier that provides,
directly or indirectly, interLATA or intraLATA Telephone Toll Services.
1.32 "Interim Telecommunications Number Portability" or "INP" is As
Described in the Act.
1.33 "InterLATA" is As Defined in the Act.
1.34 "Integrated Services Digital Network" or "ISDN" means a switched
network service that provides end-to-end digital connectivity for the
simultaneous transmission of voice and data. Basic Rate Interface-ISDN (BRI-
ISDN) provides for a digital transmission of two 64 kbps bearer channels and one
16 kbps data channel (2B+D).
1.35 "IntraLATA Toll Traffic" means all intraLATA calls other than Local
Traffic calls.
1.36 "Local Access and Transport Area" or "LATA" is As Defined in the Act.
1.37 "Local Traffic" means those calls as deemed by Ameritech's local
service areas as defined in 170 IAC 7-1.1-2(21); provided that, during the term
of this Agreement, in no event shall a Local Traffic call be less than the local
service areas as defined on the Effective Date.
1.38 "Local Exchange Carrier" or "LEC" is As Defined in the Act.
1.39 "Local Loop Transmission" or "Loop" means the entire transmission path
which extends from the network interface or demarcation point at a Customer's
premises to the Main Distribution Frame or other designated frame or panel in a
Party's Wire Center which serves the Customer. Loops are defined by the
electrical interface rather than the type of facility used.
1.40 "Losses" means any and all losses, costs (including court costs),
claims, damages (including fines, penalties, and criminal or civil judgments and
settlements), injuries, liabilities and expenses (including attorneys' fees).
1.41 "Main Distribution Frame" or "MDF" means the distribution frame of the
Party providing the Loop used to interconnect cable pairs and line and trunk
equipment terminals on a switching system.
1.42 "Network Element" is As Deemed in the Act.
1.43 "Network Element Bona Fide Request" means the process described on
Exhibit A that prescribes the terms and conditions relating to a Party's request
that the other Party provide a Network Element not otherwise provided by the
terms of this Agreement.
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1.44 "North American Numbering Plan" or "NANP" means the numbering plan
used in the United States that also serves Canada, Bermuda, Puerto Rico and
certain Caribbean Islands. The NANP format is a Digit number that consists of a
3-digit NPA code (commonly referred to as the area code), followed by a 3-digit
NXX code and 4-digit line number.
1.45 "Number Portability" is As Defined in the Act.
1.46 "NXX" means the three-digit code which appears as the first three
digits of a seven digit telephone number.
1.47 "Party" means either Ameritech or Focal, and "Parties" means Ameritech
and Focal.
1.48 "Rate Center" means the specific geographic point which has been
designated by a given LEC as being associated with a particular NPA-NXX code
which has been assigned to the LEC for its provision of Telephone Exchange
Service. The Rate Center is the finite geographic point identified by a specific
V&H coordinate, which is used by that LEC to measure, for billing purposes,
distance sensitive transmission services associated with the specific Rate
Center. Rate Centers will be identical for each Party until such time as Focal
is permitted by an appropriate regulatory body to create its own Rate Centers
within an area.
1.49 "Reciprocal Compensation" is As Described in the Act, and refers to
the payment arrangements that recover costs incurred for the transport and
termination of Telecommunications originating on one Party's network and
terminating on the other Party's network.
1.50 "Routing Point" means a location which a LEC has designated on its own
network as the homing (routing) point for inbound traffic to one or more of its
NPA-NXX codes. The Routing Point is also used to calculate mileage measurements
for the distance-sensitive transport element charges of Switched Exchange Access
Services. Pursuant to Xxxx Communications Research, Inc. ("Bellcore") Practice
BR 795-100 100 (the "Bellcore Practice"), the Routing Point (referred to as the
"Rating Point" in such Bellcore Practice) may be an End Office Switch location,
or a "LEC Consortium Point of Interconnection." Pursuant to such Bellcore
Practice, each "LEC Consortium Point of Interconnection" shall be designated by
a common language location identifier (CLLI) code with (x)KD in positions 9, 10,
11, where (x) may be any alphanumeric A-Z or 0-9. The Routing Point must be
located within the LATA in which the corresponding NPA-NXX is located. However,
Routing Points associated with each NPA-NXX need not be the same as the
corresponding Rate Center, nor must there be a unique and separate Routing Point
corresponding to each unique and separate Rate Center; provided only that the
Routing Point associated with a given NPA-NXX must be located in the same LATA
as the Rate Center associated with the NPA-NXX.
1.51 "Service Control Point" or "SCP" means a Signaling End Point that acts
as a database to provide information to another signaling end point (i.e.,
Service Switching Point or
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another SCP) for processing or routing certain types of network calls. A
query/response mechanism is typically used in communicating with an SCP.
1.52 "Signaling End Point" or "SEP" means a signaling point, other than an
STP, which seines as a source or a repository for CCIS messages.
1.53 "Signaling Transfer Point" or "STP" means a signaling point that
performs message routing functions and provides information for the routing of
messages between SEPs. An STP transmits, receives and processes CCIS messages.
1.54 "Switched Exchange Access Service" means the offering of transmission
or switching services to Telecommunications Carriers for the purpose of the
origination or termination of Telephone Toll Service. Switched Exchange Access
Services include: Feature Group A, Feature Group B, Feature Group D, 800/888
access, and 900 access and their successors or similar Switched Exchange Access
services.
1.55 "Synchronous Optical Network" or "SONET" means an optical interface
standard that allows inter-networking of transmission products from multiple
vendors. The base rate is 51.84 Mbps (OC-1/STS-1) and higher rates are direct
multiples of the base rate, up to 13.22 Gpbs.
1.56 "Technically Feasible Point" is As Described in the Act.
1.57 "Telecommunications" is As Defined in the Act.
1.58 "Telecommunications Act" means the Telecommunications Act of 1996 and
any rules and regulations promulgated thereunder.
1.59 "Telecommunications Carrier" is As Defined in the Act.
1.60 "Telecommunications Service" is As Defined in the Act.
1.61 "Telephone Exchange Service" is As Defined in the Act.
1.62 "Telephone Toll Service" is As Defined in the Act.
1.63 "Wire Center" means an occupied structure or portion thereof in which
a Party has the exclusive right of occupancy and which serves as a Routing Point
for Switched Exchange Access Service.
2.0 INTERPRETATION AND CONSTRUCTION.
All references to Sections, Exhibits and Schedules shall be deemed to be
references to Sections of, and Exhibits and Schedules to, this Agreement unless
the context shall otherwise
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require. The headings of the Sections and the terms defined in Schedule 1.0 are
inserted for convenience of reference only and are not intended to be a part of
or to affect the meaning or interpretation of this Agreement. Unless the context
shall otherwise require, any reference to any agreement, other instrument
(including Ameritech or other third party offerings, guides or practices),
statute, regulation, rule or tariff is to such agreement, instrument, statute,
regulation, rule or tariff as amended and supplemented from time to time (and,
in the case of a statute, regulation, rule or tariff, to any successor
provision).
3.0 IMPLEMENTATION SCHEDULE AND INTERCONNECTION ACTIVATION DATES.
Subject to the terms and conditions of this Agreement, Interconnection of
the Parties' facilities and equipment pursuant to Section 4.0 for the
transmission and routing of Telephone Exchange Service traffic Exchange Access
traffic shall be established on or before the corresponding "Interconnection
Activation Date" shown for each such LATA on Schedule 3.0. Schedule 3.0 may be
revised and supplemented from time to time upon the mutual agreement of the
Parties to reflect the Interconnection of additional LATAs pursuant to Section
4.5 by attaching one or more supplementary schedules to such schedule.
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2).
4.1 Scope
Section 4.0 describes the physical architecture for Interconnection of the
Parties' facilities and equipment for the transmission and routing of Telephone
Exchange Service traffic and Exchange Access traffic pursuant to Section
251(c)(2) of the Act. Sections 5.0 and 6.0 prescribe the specific logical trunk
groups (and traffic routing parameters) which will be configured over the
physical connections described in this Section 4.0 related to the transmission
and routing of Telephone Exchange Service traffic and Exchange Access traffic,
respectively. Other trunk groups, as described in this Agreement, may be
configured using this architecture.
4.2 Physical Architecture
In each LATA identified on Schedule 3.0, Focal and Ameritech shall jointly
engineer and operate a single Synchronous Optical Network ("SONET") transmission
system by which they shall Interconnect their networks for the transmission and
routing of Telephone Exchange Service traffic and Exchange Access traffic
pursuant to Section 251(c)(2) of the Act. Unless otherwise mutually agreed, this
SONET transmission system shall be configured as illustrated in Exhibit B, and
engineered, installed, and maintained as described in this Section 4.0 and in
the Joint Grooming Plan (as defined in Section 8.1).
4.2.1 The Parties shall jointly determine and agree upon the specific
Optical Line Terminating Multiplexer ("OLTM") equipment to be utilized at each
end of the SONET
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transmission system. If the Parties cannot agree on the OLTM, the following
decision criteria shall apply to the selection of the OLTM:
(a) First, the type of OLTM equipment utilized by both Parties
within the LATA. Where more than one type of OLTM equipment
is used in common by the Parties within the LATA, the
Parties shall choose from among the common types of OLTM
equipment according to the method described in subsection
(c) below;
(b) Second, the type of OLTM equipment utilized by both Parties
anywhere outside the LATA. Where more than one type of OLTM
equipment is used in common by the Parties outside the LATA,
the Parties shall choose from among the common types of OLTM
equipment according to the method described in subsection
(c) below; and
(c) Third, the Party first selecting the OLTM equipment shall be
determined by lot and the choice to select such OLTM
equipment shall thereafter alternate between the Parties.
4.2.2 Ameritech shall, wholly at its own expense, procure, install
and maintain the agreed upon OLTM equipment in the Ameritech Interconnection
Wire Center ("AIWC") identified for each LATA set forth on Schedule 3.0, in
capacity sufficient to provision and maintain all logical trunk groups
prescribed by Sections 5.0 and 6.0.
4.2.3 Focal shall, wholly at its own expense, procure, install and
maintain the agreed upon OLTM equipment in the Focal Interconnection Wire Center
("FIWC") identified for that LATA in Schedule 3.0, in capacity sufficient to
provision and maintain all logical trunk groups prescribed by Sections 5.0 and
6.0.
4.2.4 Ameritech shall designate a manhole or other suitable entry-way
immediately outside the AIWC as a Fiber-Meet entry point, and shall make all
necessary preparations to receive, and to allow and enable Focal to deliver,
fiber optic facilities into that manhole with sufficient spare length to reach
the OLTM equipment in the AIWC. Focal shall deliver and maintain such strands
wholly at its own expense.
4.2.5 Focal shall designate a manhole or other suitable entry-way
immediately outside the FIWC as a Fiber-Meet entry point, and shall make all
necessary preparations to receive, and to allow and enable Ameritech to deliver,
fiber optic facilities into that manhole with sufficient spare length to reach
the OLTM equipment in the FIWC. Ameritech shall deliver and maintain such
strands wholly at its own expense.
4.2.6 Focal shall pull the fiber optic strands from the Focal-
designated manhole/entry-way into the FIWC and through appropriate internal
conduits Focal utilizes for
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fiber optic facilities and shall connect the Ameritech strands to the OLTM
equipment Focal has installed in the FIWC.
4.2.7 Ameritech shall pull the fiber optic strands from the
Ameritech-designated manhole/entry-way into the AIWC and through appropriate
internal conduits Ameritech utilizes for fiber optic facilities and shall
connect the Focal strands to the OLTM equipment Ameritech has installed in the
AIWC.
4.2.8 Each Party shall use its best efforts to ensure that fiber
received from the other Party will enter the Party's Wire Center through a point
separate from that which the Party's own fiber exited.
4.2.9 The Parties shall jointly coordinate and undertake maintenance
of the SONET transmission system. Each Party shall be responsible for
maintaining the components of the SONET transmission system as illustrated on
Exhibit B.
4.3 Interim Alternative Physical Architecture
4.3.1 Either Party may unilaterally elect, by providing notice to the
other Party not less than seventy-five (75) days in advance of an applicable
Interconnection Activation Date, to interconnect on or before such
Interconnection Activation Date via an electrical DS3 (or multiples thereof)
interface instead of the SONET transmission system for an interim period (the
"Interim Period") not to exceed one-hundred eighty (180) days after the
Interconnection Activation Date.
4.3.2 The Party which did not elect such alternative architecture
shall have the option of specifying that such alternative architecture shall
occur over a Collocation at either Party's premises in accordance with Section
12.0 or any other arrangement to which the Parties may agree.
4.3.3 During any Interim Period, specific logical trunk groups (and
traffic routing parameters) will be configured over the alternate physical
architecture for transmission and routing of Telephone Exchange Service traffic
and for transmission and routing of Exchange Access traffic pursuant to Section
5.0 and Section 6.0, respectively.
4.3.4 During any Interim Period, neither Party shall charge the other
Party for Collocation Cross Connection for trunk groups delivered via
Collocation.
4.3.5 Unless otherwise mutually agreed, the Parties shall transition
to a SONET transmission system for the applicable LATA pursuant to Section 4.2
no later than the last day of the Interim Period.
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4.4 Technical Specifications
4.4.1 Focal and Ameritech shall work cooperatively to install and
maintain a reliable network. Focal and Ameritech shall exchange appropriate
information (e.g., maintenance contact numbers, network information, information
required to comply with law enforcement and other security agencies of the
Government and such other information as the Parties shall mutually agree) to
achieve this desired reliability.
4.4.2 Focal and Ameritech shall work cooperatively to apply sound
network management principles by invoking network management controls to
alleviate or to prevent congestion.
4.4.3 The following list of publications describe the practices,
procedures, specifications and interfaces generally utilized by Ameritech and
are listed herein to assist the Parties in meeting their respective
Interconnection responsibilities related to Electrical/Optical Interfaces:
(a) Bellcore Technical Publication TR-INS-000342; High Capacity
Digital Special Access Service, Transmission Parameter
Limits and Interface Combinations; and
(b) Ameritech Technical Publication AM-TR-TMO-000072; Service
Description and Interface Requirements for Ameritech's
Optical Service.
4.5 Interconnection in Additional LATAs
4.5.1 If Focal determines to offer Telephone Exchange Services in any
other LATA in which Ameritech also offers Telephone Exchange Services, Focal
shall provide written notice to Ameritech of the need to establish
Interconnection in such LATA pursuant to this Agreement.
4.5.2 The notice provided in Section 4.5.1 shall include (i) the
initial Routing Point Focal has designated in the new LATA; (ii) Focal's
requested Interconnection Activation Date; and (iii) a non-binding forecast of
Focal's bunking requirements.
4.5.3 Unless otherwise agreed by the Parties, the Parties shall
designate the Wire Center Focal has identified as its initial Routing Point in
the LATA as the FIWC in that LATA and shall designate the Ameritech Tandem
Office Wire Center within the LATA nearest to the FIWC (as measured in airline
miles utilizing the V&H coordinates method) as the AIWC in that LATA.
4.5.4 Unless otherwise agreed by the Parties, the Interconnection
Activation Date in each new LATA shall be the earlier of (i) the date mutually
agreed by the Parties and (ii) the
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date that is one-hundred fifty (150) days after the date on which Focal
delivered notice to Ameritech pursuant to Section 4.5.1. Within ten (10)
business days of Ameritech's receipt of Focal's notice, Ameritech and Focal
shall confirm the AIWC, the FIWC and the Interconnection Activation Date for the
new LATA by attaching a supplementary schedule to Schedule 3.0.
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE
SERVICE TRAFFIC PURSUANT TO SECTION 251(c)(2)
5.1 Scope of Traffic
Section 5.0 prescribes parameters for trunk groups (the "Local/IntraLATA
Trunks") to be effected over the Interconnections specified in Section 4.0 for
the transmission and routing of Local Traffic and IntraLATA Toll Traffic between
the Parties' respective Telephone Exchange Service Customers and where such
traffic is not presubscribed for carriage by a third party carrier.
5.2 Switching System Hierarchy
5.2.1 For purposes of this Section 5.0, each of the following Central
Office Switches shall be designated as a "Primary Switch":
(a) Each Access Tandem Ameritech operates in the LATA;
(b) The initial switch Focal employs to provide Telephone
Exchange Service in the LATA;
(c) Any Access Tandem Focal may establish for provision of
Exchange Access in the LATA; and
(d) Any additional switch Focal may subsequently employ to
provide Telephone Exchange Service in the LATA which Focal
may at its sole option designate as a Primary Switch;
provided that the total number of Focal Primary Switches for
a LATA may not exceed the total number of Ameritech's
Primary Switches for that LATA. To the extent Focal chooses
to designate any additional switch as a Primary Switch, it
shall provide notice to Ameritech of such designation at
least ninety (90) days in advance of the date on which Focal
activates such switch as a Primary Switch.
5.2.2 Each Central Office Switch operated by the Parties which is not
designated as a Primary Switch pursuant to Section 5.2.1 shall be designated as
a "Secondary Switch".
5.2.3 For purposes of Focal routing traffic to Ameritech, subtending
arrangements between Ameritech Primary Switches and Ameritech Secondary Switches
shall be
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the same as the Access Tandem/End Office sub-tending arrangements which
Ameritech maintains for those switches. For purposes of Ameritech routing
traffic Focal, subtending arrangements between Focal Primary Switches and Focal
Secondary Switches shall be the same as the Access Tandem/End Office sub-tending
arrangements which Focal maintains for those switches.
5.3 Trunk Group Architecture and Traffic Routing
The Parties shall jointly engineer and configure Local/IntraLATA Trunks
over the physical Interconnection arrangements as follows:
5.3.1 The Parties shall initially configure a separate two-way trunk
group as a direct transmission path between each Focal Primary Switch and each
Ameritech Primary Switch.
5.3.2 Notwithstanding anything to the contrary in this Section 5.0,
if the two-way traffic volumes between any two Central Office Switches (whether
Primary-Primary, Primary-Secondary or Secondary-Secondary) at any time exceeds
the CCS busy hour equivalent of one DS1, the Parties shall within sixty (60)
days after such occurrence add trunks or establish new direct trunk groups
consistent with the grades of service and quality parameters set forth in the
Joint Grooming Plan; provided, however, nothing in this Section 5.3 shall
require a Party to establish new direct trunk groups on or before the date which
is one-hundred twenty (120) days after the applicable Interconnection Activation
Date; provided, however, that if such traffic volume is exceeded within such
one-hundred twenty (120) day period, such Party shall establish new direct trunk
groups on the date which is the later of (i) sixty (60) days after such
occurrence or (ii) one-hundred twenty-one (121) days after the Interconnection
Activation Date.
5.4 Interim Use of 1-Way Trunks
Either Party may unilaterally elect, by providing notice to the other Party
not less than seventy-five (75) days in advance of an applicable Interconnection
Activation Date, to employ 1-way trunk groups for an interim period (the "1-Way
Trunk Periods) not to exceed one-hundred twenty (120) days after the
Interconnection Activation Date; provided that the Parties shall transition all
1-way trunks established under this Section 5.4 to 2-way trunks on or before the
last day of such 1-Way Trunk Period.
5.5 Signaling
5.5.1 Where available, CCIS signaling shall be used by the Parties to
set up calls between the Parties' Telephone Exchange Service networks. If CCIS
signaling is unavailable, MF (Multi-Frequency) signaling shall be used by the
Parties. Each Party shall charge the other Party equal and reciprocal rates for
CCIS signaling in accordance with applicable tariffs. During the tenn of this
Agreement neither Party shall charge the other Party additional usage-sensitive
rates for SS7 queries made for Local Traffic.
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5.5.2 The following list of publications describe the practices,
procedures and specifications utilized by Ameritech for signaling purposes and
are listed herein to assist the Parties in meeting their respective
Interconnection responsibilities related to Signaling:
(a) Bellcore Special Report SR-TSV 002275, BOC Notes on the
LEC Networks - Signaling.
(b) Ameritech Supplement AM-TR-OAT 000069, Common Channel
Signaling Network Interface Specifications.
5.5.3 The Parties will cooperate on the exchange of Transactional
Capabilities Application Part (TCAP) messages to facilitate interoperability of
CCIS-based features between their respective networks, including all CLASS
features and functions, to the extent each Party offers such features and
functions to its Customers. All CCIS signaling parameters will be provided
including, without limitation, calling party number (CPN), originating line
information (OLI), calling party category and charge number.
5.5.4 Where available and upon the request of the other Party, each
Party shall cooperate to ensure that its trunk groups are configured utilizing
the B8ZS ESF protocol for 64 kbps clear channel transmission to allow for ISDN
interoperability between the Parties' respective networks.
5.6 Grades of Service
The Parties shall initially engineer and shall jointly monitor and enhance
all trunk groups consistent with the Joint Grooming Plan.
5.7 Measurement and Billing
5.7.1 For billing purposes, each Party shall pass Calling Party
Number (CPN) information on each call carried over the Local/IntraLATA Trunks;
provided that so long as the percentage of calls passed with CPN is greater than
ninety percent (90%), all calls exchanged without CPN information shall be
billed as either Local Traffic or IntraLATA Toll Traffic in direct proportion to
the minutes of use of calls exchanged with CPN information.
5.7.2 Measurement of billing minutes shall be in actual conversation
seconds.
5.8 Reciprocal Compensation Arrangements--Section 251(b)(5).
5.8.1 Reciprocal Compensation applies for transport and termination
of Local Traffic billable by Ameritech or Focal which a Telephone Exchange
Service Customer originates on Ameritech's or Focal's network for termination on
the other Party's network.
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5.8.2 The Parties shall compensate each other for transport and
termination of Local Traffic the rates provided in the Pricing Schedule.
5.8.3 The Reciprocal Compensation arrangements set forth in this
Agreement are not applicable to Switched Exchange Access Service. All Switched
Exchange Access Service and all IntraLATA Toll Traffic shall continue to be
governed by the terms and conditions of the applicable federal and state
tariffs.
5.8.4 Each Party shall charge the other Party its effective tariffed
intraLATA FGD switched access rates for the transport and termination of all
IntraLATA Toll Traffic.
5.8.5 Compensation for transport and termination of all traffic which
has been subject to performance of INP by one Party for the other Party pursuant
to Section 13.0 shall be as specified in Section 13.5.
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT TO 251(c)(2).
6.1 Scope of Traffic
Section 6.0 prescribes parameters for certain trunk groups ("Access Toll
Connecting Trunks") to be established over the Interconnections specified in
Section 4.0 for the transmission and routing of Exchange Access traffic between
Focal Telephone Exchange Service Customers and Interexchange Carriers.
6.2 Trunk Group Architecture and Traffic Routing
6.2.1 The Parties shall jointly establish Access Toll Connecting
Trunks by which they will jointly provide tandem-transported Switched Exchange
Access Services to Interexchange Carriers to enable such Interexchange Carriers
to originate and terminate traffic from/to Focal's Customers.
6.2.2 Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow Focal's Customers to
connect to or be connected to the Interexchange trunks of any Interexchange
Carrier which is connected to an Ameritech Access Tandem.
6.2.3 The Access Toll Connecting Trunks shall be two-way trunks
connecting an End Office Switch Focal utilizes to provide Telephone Exchange
Service and Switched Exchange Access in a given LATA to an Access Tandem Switch
Ameritech utilizes to provide Exchange Access in such LATA.
6.2.4 The Parties shall jointly determine which Ameritech access
Tandem(s) will be sub-tended by each Focal End Office Switch. Except as
otherwise agreed by the Parties,
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Ameritech shall allow each Focal End Office Switch to subtend the access Tandem
nearest to the Routing Point associated with the NXX codes assigned to that End
Office Switch and shall not require that a single Focal End Office Switch
subtend multiple access Tandems, even in those cases where such End Office
Switch serves multiple Rate Centers.
6.3 Meet-Point Billing Arrangements
Meet-Point Billing Arrangements between the Parties for jointly-provided
Switched Exchange Access Services on Access Toll Connecting Trunks will be
governed by the terms and conditions of the Agreement For Switched Access Meet
Point Billing and shall be billed at each Party's applicable access rates.
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC
7.1 Information Services Traffic
7.1.1 Each Party shall route Information Service Traffic which
originates on its own network to the appropriate information services
platform(s) connected to the other Party's network over the Local/IntraLATA
Trunks.
7.1.2 The Party ("Originating Party") on whose network the
Information Services Traffic originated shall provide an electronic file
transfer or monthly magnetic tape containing recorded call detail information to
the Party ("Terminating Party") to whose information platform the Information
Services Traffic terminated.
7.1.3 The Terminating Party shall provide to the Originating Party
via electronic file transfer or magnetic tape all necessary information to rate
the Information Services Traffic to the Originating Party's Customers pursuant
to the Terminating Party's agreements with each information provider.
7.1.4 The Originating Party shall xxxx and collect such information
provider charges and remit the amounts collected to the Terminating Party less:
(a) The Information Services Billing and Collection fee set
forth on the Pricing Schedule; and
(b) An uncollectibles reserve calculated based on the
uncollectibles reserve in the Terminating Party's billing
and collection agreement with the applicable information
provider; and
(c) Customer adjustments provided by the Originating Party.
The Originating Party shall provide to the Terminating Party sufficient
information regarding uncollectibles and Customer adjustments. The Terminating
Party shall pass through the
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adjustments to the information provider. However, if the information provider
disputes such adjustments and refuses to accept such adjustments, the
Originating Party shall reimburse the Terminating Party for all such disputed
adjustments. Final resolution regarding all disputed adjustments shall be solely
between the Originating Party and the information provider.
7.1.5 Nothing in this Agreement shall restrict either Party from
offering to its Exchange Service Customers the ability to block the completion
of Information Service Traffic.
7.2 BLV/BLVI Traffic
7.2.1 Busy Line Verification ("BLV") is performed when one Party's
Customer requests assistance from the operator bureau to determine if the called
line is in use, however, the operator bureau will not complete the call for the
Customer initiating the BLV inquiry. Only one BLV attempt will be made per
Customer operator bureau call, and a charge shall apply whether or not the
called party releases the line.
7.2.2 Busy Line Verification Interrupt ("BLVI") is performed when one
Party's operator bureau interrupts a telephone call in progress after BLV has
occurred. The operator bureau will interrupt the busy line and inform the called
party that there is a call waiting. The operator bureau will only interrupt the
call and will not complete the telephone call of the Customer initiating the
BLVI request. The operator bureau will make only one BLVI attempt per Customer
operator telephone call and the applicable charge applies whether or not the
called party releases the line.
7.2.3 Each Party's operator bureau shall accept BLV and BLVI
inquiries from the operator bureau of the other Party in order to allow
transparent provision of BLV/BLVI Traffic between the Parties' networks.
7.2.4 Each Party shall route BLV/BLVI Traffic inquiries over separate
direct trunks (and not the Local/IntraLATA Trunks) established between the
Parties' respective operator bureaus. Unless otherwise mutually agreed, the
Parties shall configure BLV/BLVI trunks over the Interconnection architecture
defined in Section 4.0, consistent with the Joint Grooming Plan. Each Party
shall compensate the other Park for BLV/BLVI Traffic as set forth on the Pricing
Schedule.
7.3 Transit Service
7.3.1 Ameritech shall provide Focal Transit Service as provided in
this Section 7.3.
7.3.2 Transit Services means the delivery of certain traffic between
Focal and a third party LEC by Ameritech over the Local/IntraLATA Trunks. The
following traffic types will be delivered: (i) Local Traffic originated from
Focal to such third party LEC and (ii) IntraLATA Toll Traffic originated from
such third party LEC and terminated to Focal where
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Ameritech carries such traffic pursuant to the Commission's primary toll carrier
plan or other similar plan.
7.3.3 Subject to Section 7.3.4, the Parties shall compensate each
other for Transit Service as follows:
(a) Focal shall pay Ameritech for Local Traffic originates
over the Transit Service at the rate specified in the
Pricing Schedule plus any additional charges or costs such
terminating third party LEC imposes or levies on Ameritech
for the delivery or termination of such traffic, including
any switched access charges; and
(b) Ameritech shall pay Focal for IntraLATA Toll Traffic
terminated to Focal from such third party LEC (where
Ameritech delivers such traffic pursuant to the
Commission's primary toll carrier plan or other similar
plan) at Focal's applicable switched access rates.
7.3.4 While the Parties agree that it is the responsibility of each
third party LEC to enter into arrangements to deliver Local Traffic to Focal,
they acknowledge that such arrangements are not currently in place and an
interim arrangement is necessary to ensure traffic completion. Accordingly,
until the earlier of (i) the date on which either Party has entered into an
arrangement with such third party LEC to deliver Local Traffic to Focal and (ii)
one-hundred and eighty (180) days after the Interconnection Activation Date,
Ameritech will deliver and Focal will terminate Local Traffic originated from
such third party LEC without charge to one another. If an arrangement is not
entered into by the 180th day, either Party may block such Local Traffic.
7.3.5 Ameritech expects that all networks involved in transit traffic
will deliver each call to each involved network with CCIS and the appropriate
Transactional Capabilities Application Part ("TCAP") message to facilitate full
interoperability and billing functions. In all cases, Focal is responsible to
follow the Exchange Message Record ("EMR") standard and exchange records with
both Ameritech and the terminating LEC to facilitate the billing process to the
originating network.
7.3.6 For purposes of this Section 7.3, Ameritech agrees that it
shall make available to Focal, at Focal's sole option, any transiting
arrangement Ameritech's offers to another LEC at the same rates, terms and
conditions provided to such other LEC.
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8.0 JOINT GROOMING PLAN AND INSTALLATION, MAINTENANCE, TESTING AND REPAIR.
8.1 Joint Grooming Plan
On or before August 16, 1996, Focal and Ameritech shall jointly develop a
grooming plan (the "Joint Grooming Plan") which shall define and detail, inter
alia,
(a) standards to ensure that Interconnection trunk groups experience
a grade of service, availability and quality which is comparable
to that achieved on interoffice trunks within Ameritech's network
and in accord with all appropriate relevant industry-accepted
quality, reliability and availability standards;
(b) the respective duties and responsibilities of the Parties with
respect to the administration and maintenance of the trunk
groups, including but not limited to standards and procedures for
notification and discoveries of trunk disconnects;
(c) maintenance of the SONET transmission system;
(d) disaster recovery provision escalations; and
(e) such other matters as the Parties may agree.
8.2 Installation, Maintenance, Testing and Repair
Ameritech's standard intervals for Feature Group D Exchange Access Services
will be used for Interconnection as specified in the Ameritech Dedicated and
Switched Common Service Switched Access and Exchange Interval Guide, AM-TR-MKT
000066. Focal shall meet the same intervals for comparable installations,
maintenance, joint testing, and repair of its facilities and services associated
with or used in conjunction with Interconnection or shall notify Ameritech of
its inability to do so and will negotiate such intervals in good faith.
9.0 UNBUNDLED ACCESS--SECTION 251(c)(3)
9.1 Access to Network Elements
9.1.1 Ameritech shall provide Focal access to Ameritech's Network
Elements on an unbundled basis at any technically feasible point in accordance
with the terms and conditions of this Section 9.0 and the requirements of the
Act. Ameritech shall provide Focal access to each unbundled Network Element,
along with all of such unbundled Network Element's features, functions, and
capabilities in accordance with the terms and conditions of Section 3.0 and as
required by the Act, in a manner that shall allow Focal to provide any
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Telecommunications Service that can be offered by means of that Network Element;
provided that the use of such Network Element is consistent with the Act.
9.1.2 Notwithstanding anything to the contrary in this Section 9.0,
Ameritech shall not be required to provide Network Elements beyond those
identified in 47 C.F.R. (S) 51.319 to Focal if:
(1) The Commission concludes that:
(A) such Network Element is proprietary or contains proprietary
information that will be revealed if such Network Element is
provided to Focal on an unbundled basis; and
(B) Focal could offer the same proposed Telecommunications
Service through the use of other, nonproprietary Network
Elements within Ameritech's network; or
(2) The Commission concludes that the failure of Ameritech to provide
access to such Network Element would not decrease the quality of,
and would not increase the financial or administrative cost of,
the Telecommunications Service Focal seeks to offer, compared
with providing that service over other unbundled Network Elements
in Ameritech's network.
9.1.3 Ameritech shall be required to make available Network Elements
only where such Network Elements, including facilities and software necessary to
provide such Network Elements, are available. If Ameritech makes available
Network Elements that require special construction, Focal shall pay to Ameritech
any applicable special construction charges.
9.2 Network Elements
At the request of Focal, Ameritech shall provide Focal access to the
following Network Elements on an unbundled basis:
9.2.1 Local Loops, as more fully described on Schedule 9.2.1;
9.2.2 The Network Interface Device, as more fully described on
Schedule 9.2.2;
9.2.3 Switching Capability, as more fully described on Schedule
9.2.3;
9.2.4 Interoffice Transmission Facilities, as more fully described on
Schedule 9.2.4;
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9.2.5 Signaling Links and Call-Related Databases, as more fully
described on Schedule 9.2.5;
9.2.6 Operations Support Systems ("OSS") functions, to be used in
conjunction with other Network Elements, as more fully described on Schedule
9.2.6; and
9.2.7 Operator Services and Directory Assistance, as more fully
described on Schedule 9.2.7.
9.3 Combination of Network Elements
9.3.1 Ameritech shall provide Network Elements to Focal in a manner
that shall allow Focal to combine such Network Elements (a "Combination") in
order to provide a Telecommunications Service. When purchasing a Combination,
Focal will have access to all features and capabilities of each individual
Network Element that comprises such Combination and the specific technical and
interface requirements for each of the Network Elements shall apply, except to
the extent not technically feasible given the specific manner in which Focal has
requested that the elements be combined.
9.3.2 Except upon the request of Focal, Ameritech shall provide
Network Elements separately from each other, and shall not separate Network
Elements it normally provides in combination into separate Network Elements.
9.3.3 Upon Focal's request, Ameritech shall perform the functions
necessary to combine Ameritech's Network Elements in any manner, even if those
elements are not ordinarily combined in Ameritech's network; provided that such
combination is (i) technically feasible and (ii) would not impair the ability of
other Telecommunications Carriers to obtain access to unbundled Network Elements
or to Interconnect with Ameritech's network. In addition, upon a request of
Focal that is consistent with the above criteria, Ameritech shall perform the
functions necessary to combine Ameritech's Network Elements with elements
possessed by Focal in any technically feasible manner to allow Focal to provide
a Telecommunications Service.
9.3.4 Ameritech shall make available to Focal the following
Combinations at the rates set forth at Item V of the Pricing Schedule:
9.3.4.1 Unbundled Element Platform with Operator Services and
Directory Assistance. This Combination is described on
Schedule 9.3.4.
9.3.4.2 Loop Combination. This Combination is described on
Schedule 9.3.4.
9.3.4.3 Switching Combination #1. This Combination is described
on Schedule 9.3.4.
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9.3.4.4 Unbundled Element Platform without Operator Services and
Directory Assistance. This Combination is described on
Schedule 9.3.4.
9.3.5 The following Network Elements and Combinations shall be
requested by Focal in accordance with Section 9.6:
9.3.5.1 Unbundled Loop - Distribution.
9.3.5.2 Unbundled Loop - Concentrators/Multiplexers.
9.3.5.3 Unbundled Loop - Feeder.
9.3.5.4 Loop/Network Combination. This Combination is described
on Schedule 9.3.5.
9.3.5.5 Switching Combination #2. This Combination is described
on Schedule 9.3.5.
9.3.5.6 Switching Combination #3. This Combination is described
on Schedule 9.3.5.
9.3.5.7 Switched Data Services. This Combination is described on
Schedule 9.3.5.
9.3.6 Any request by Focal for Ameritech to provide any Combination
other than as set forth in Section 9.3.4, to combine the unbundled Network
Elements of Ameritech with Focal, or to perform any other function under this
Section 9.3 shall be made by Focal in accordance with Section 9.6.
9.4 Nondiscriminatory Access to and Provision of Network Elements
9.4.1 Subject to Section 9.4.4, the quality of an unbundled Network
Element as well as the quality of the access to such unbundled Network Element
that Ameritech provides to Focal shall be the same for all Telecommunications
Carriers requesting access to such Network Element.
9.4.2 Subject to Section 9.4.4, the quality of a Network Element, as
well as the quality of the access to such Network Element, that Ameritech
provides to Focal hereunder shall be at least equal in quality to that which
Ameritech provides to itself, its subsidiaries, Affiliates and any other person,
unless Ameritech proves to the Commission that it is not technically feasible to
provide the Network Element requested by Focal, or access to such Network
Element at a level of quality that is equal to that which Ameritech provides to
itself.
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9.4.3 Ameritech shall provide Focal access to Network Elements and
Operations Support Systems functions, including the time within which Ameritech
provisions such access to Network Elements, on terms and conditions no less
favorable than the terms and conditions under which Ameritech provides such
elements to itself, its subsidiaries, Affiliates and any other person, except as
may be provided by the Commission pursuant to Section 9.1.2.
9.4.4 Upon the request of Focal, Ameritech shall provide to Focal a
Network Element and access to such Network Element that is different in quality
to that required under Sections 9.4.2 and 9.4.3, unless Ameritech proves to the
Commission that it is not technically feasible to provide the requested Network
Element or access to such Network Element at the requested level of quality. Any
request by Focal for Ameritech to provide any Network Element or access thereto
that is different in quality shall be made by Focal in accordance with Section
9.6.
9.5 Provisioning of Network Elements
9.5.1 Ameritech shall provide Focal unbundled Network Elements as set
forth on Schedule 9.5.
9.5.2 Ameritech shall provide Focal access to the functionalities for
Ameritech's pre-ordering, ordering, provisioning, maintenance and repair, and
billing functions of the Operations Support Systems functions that relate to the
Network Elements that Focal purchases hereunder. Access to such functionalities
for the Operations Support Systems functions shall be as provided in Schedule
9.2.6 and the Grooming Plan.
9.5.3 Prior to submitting an order for a Network Element which
replaces, in whole or in part, a service offered by Ameritech or any other
telecommunications provider for which Ameritech changes a primary local exchange
carrier, Focal shall deliver to Ameritech a representation of authorization in
the form set forth on Schedule 9.5.3.
9.6 Availability of Additional or Different Quality Network Elements
Any request by Focal for access to a Network Element or a Combination or a
standard of quality thereof that is not otherwise provided by the terms of this
Agreement at the time of such request shall be made pursuant to a Bona Fide
Request and shall be subject to the payment by Focal of all applicable costs in
accordance with Section 252(d)(1) of the Act to process, develop, install and
provide such Network Element, Combination or access.
9.7 Pricing of Unbundled Network Elements
9.7.1 Ameritech shall charge Focal the non-recurring and monthly
recurring rates for unbundled Network Elements (including the monthly recurring
rates for these specific Network Elements, service coordination fee, and Cross-
Connect charges) as specified at Item V of the Pricing Schedule. If Focal
requests or approves an Ameritech technician to perform
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services in excess of or not otherwise contemplated by the Line Connection
Service, Ameritech may charge Focal for any additional and reasonable labor
charges to perform such services.
9.7.2 In addition to any other applicable charges under this Section
9.0, if Focal purchases unbundled Local Switching elements, Focal shall pay
Ameritech:
(a) for interstate minutes of use traversing such unbundled
Local Switching elements, the carrier common line charge
described in 47 C.F.R. (S) 69.105 and a charge equal to
seventy-five percent (75%) of the interconnection charge
described in 47 C.F.R. (S) 69.124, only until the earliest
of the following, and not thereafter:
(1) June 30, 1997;
(2) The later of the effective date of a final decision in
CC Docket No. 94-45, Federal-State Joint Board on
Universal Service, or the effective date of a final FCC
decision in a proceeding to consider reform of
interstate access charges; or
(3) The date on which Ameritech is authorized to offer in-
region interLATA service in Indiana pursuant to Section
271 of the Act; and
(b) for intrastate toll minutes of use traversing such unbundled
Local Switching elements, intrastate access charges
comparable to those listed in Section 9.7.2(a) and any
explicit intrastate universal service mechanism based on
access charges, only until the earliest of the following,
and not thereafter:
(1) June 30, 1997;
(2) The effective date of the Commission's decision that
Ameritech may not assess such charges; or
(3) The date on which Ameritech is authorized to offer in-
region interLATA service in Indiana pursuant to Section
271 of the Act.
9.7.3 If Focal orders a Combination identified in Section 9.3.4 and
the provision of any such Combination requires Ameritech to modify any of its
existing systems, service development processes or its network (beyond that
required for Ameritech to provision its own retail services) to provide access
to such Combination, Focal shall be required to compensate Ameritech for any
costs incurred to provide access to such Combination.
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9.8 Maintenance of Unbundled Network Elements
9.8.1 Ameritech shall provide maintenance of Loops, or Combinations
which include Loops, as set forth in Schedule 9.8.
9.8.2 If (i) Focal reports to Ameritech a suspected failure of a
Network Element, (ii) Focal requests a dispatch, (iii) Ameritech dispatches a
technician, and (iv) such trouble was not caused by Ameritech's facilities or
equipment, then Focal shall pay Ameritech a trip charge and time charges as set
forth at Item V of the Pricing Schedule.
9.9 Standards of Performance
9.9.1 Ameritech shall provide to Focal access to unbundled Network
Elements (i) in accordance with Section 9.4 as determined by this Section 9.9
(including any Combinations, service levels and intervals that may be requested
by Focal and agreed upon by the Parties pursuant to a Bona Fide Request) and
(ii) as required by the Commission (collectively, the "Ameritech Network Element
Performance Benchmarks").
9.9.2 To determine Ameritech's compliance with the Ameritech Network
Element Performance Benchmarks, Ameritech shall maintain records of (i) specific
criteria listed on Schedule 9.9, which criteria are the criteria that Ameritech
currently measures to evaluate its provision of unbundled Network Elements and
(ii) such additional criteria the Parties agree upon regarding Ameritech's
compliance with different performance levels and intervals of such Network
Elements (and Combinations thereof) requested by Focal and provided by Ameritech
pursuant to Section 9.6 and a Bona Fide Request (each, a "Network Element
Performance Activity"). Ameritech shall maintain records relating to the access
to unbundled Network Elements Ameritech provides to itself, its subsidiaries and
Affiliates (the "Ameritech NE Records") and parallel records of the access to
unbundled Network Elements Ameritech provides to (x) Focal (the "Focal NE
Records") and (y) other LECs in the aggregate (the "Other LEC NE Records").
The criteria will be revised in accordance with the procedures as agreed
upon by the Parties if Ameritech no longer measures a criterion in assessing its
performance in providing Network Elements or begins measuring additional
criteria.
9.9.3 Ameritech shall provide to Focal for each Reporting Period, by
the twenty-second (22nd) day of the following month, in a self-reporting format
the Ameritech NE Records, the Focal NE Records and the Other LEC NE Records so
that the Parties can determine Ameritech's compliance with the Ameritech Network
Element Performance Benchmarks. If (i) Ameritech fails to comply with an
Ameritech Network Element Performance Benchmark with respect to a Network
Element Performance Activity for a Reporting Period, (ii) the sample size of the
Network Element Performance Activity measured for such Reporting Period is
statistically valid and (iii) the amount by which the applicable Ameritech
Network Element Performance Activity deviates from the corresponding Network
Element Performance Benchmark is
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statistically significant, then Ameritech shall have committed a "Specified
Performance Breach". Notwithstanding anything to the contrary in this Section
9.9.3, the Parties acknowledge that (x) Ameritech shall not be required to
provide to Focal those Other LEC NE Records that correspond to and measure a
level of quality and performance levels and intervals of unbundled Network
Elements that are requested by another LEC pursuant to 47 C.F.R. (S) 51.311(c)
and Section 9.6 and which are superior to that which Ameritech provides to Focal
hereunder, (y) the Other LEC NE Records shall be provided to Focal on an
aggregate basis and (z) such Other LEC NE Records shall be provided to Focal in
a manner that preserves the confidentiality of each other LEC and any of such
LEC's proprietary information (including CPNI).
9.9.4 In no event shall Ameritech be deemed to have committed a
Specified Performance Breach if Ameritech's failure to meet or exceed a Network
Element Performance Activity is caused by a Delaying Event. If a Delaying Event
(i) prevents Ameritech from performing a certain function or action that affects
a Network Element Performance Activity, then such occurrence shall be excluded
from the calculation of such Network Element Performance Activity and the
determination of Ameritech's compliance with the applicable Ameritech Network
Element Performance Benchmark or (ii) only suspends Ameritech's ability to
timely perform such Network Element Performance Activity, then the applicable
time frame in which Ameritech's compliance with the Ameritech Network Element
Performance Benchmark is measured shall be extended on a like-time basis equal
to the duration of such Delaying Event.
9.9.5 Upon the occurrence of a Specified Performance Breach by
Ameritech, Focal may forego the dispute escalation procedures set forth in
Section 28.11 and (i) bring an action against Ameritech in an appropriate
Federal district court, (ii) file a complaint against Ameritech with the FCC
pursuant to Sections 207 or 208 of the Act, (iii) seek a declaratory ruling from
the FCC, (iv) file a complaint in accordance with the rules, guidelines and
regulations of the Commission or (v) seek other relief under Applicable Law.
9.9.6 Focal shall also be entitled to (i) credits for delays by
Ameritech in provisioning Network Elements pursuit to the terms and conditions
agreed upon by the Parties and (ii) any Credit Allowances pursuant to the same
terms and conditions that Ameritech offers Credit Allowances to its Customers,
including those described on Schedule 9.9.6.
9.9.7 The Parties' agreement to the procedures set forth in this
Section 9.9 shall not (i) relieve either Party of its obligations to perform any
other duties under this Agreement or (ii) constitute a waiver of a right of
either Party to claim that the parity requirements of this Agreement and of the
Act have or have not been met.
10.0 RESALE--SECTIONS 251(c)(4) and 251(b)(1)
10.1 Availability of Wholesale Rates for Resale
Ameritech shall offer to Focal for resale at wholesale rates Ameritech's
local exchange telecommunications services, as described in Section 251(c)(4) of
the Act, in accordance with
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the terms and conditions of and at the rates specified in Ameritech's then
effective Resale Local Exchange Service Tariff and other applicable tariffs. If
the Parties decide to enter into a separate agreement to set forth the terms and
conditions governing such resale, the Parties shall file such agreement with the
Commission for approval by such Commission as a condition to the effectiveness
of such agreement.
10.2 Availability of Retail Rates for Resale
Each Party shall make available its Telecommunications Services for resale
at retail rates to the other Party in accordance with Section 251(b)(1) of the
Act.
11.0 NOTICE OF CHANGES--SECTION 251(c)(5)
If a Party makes a change in its network which it believes will materially
affect the inter operability of its network with the other Party, the Party
making the change shall provide at least ninety (90) days advance written notice
of such change to the other Party.
12.0 COLLOCATION--SECTION 251(c)(C)
12.1 Ameritech shall provide to Focal Physical Collocation of equipment
necessary for Interconnection (pursuant to Section 4.0) or for access to
unbundled Network Elements (pursuant to Section 9.0), except that Ameritech may
provide for Virtual Collocation if Ameritech demonstrates to the Commission that
Physical Collocation is not practical for technical reasons or because of space
limitations, as provided in Section 251(c)(6) of the Act. Ameritech shall
provide such Collocation for the purpose of Interconnection or access to
unbundled Network Elements, except as otherwise mutually agreed to in writing by
the Parties or as required by the FCC or the appropriate Commission subject to
applicable federal and state tariffs.
12.2 Although not required to do so by Section 251(c)(6) of the Act, by
this Agreement, Focal agrees to provide to Ameritech upon Ameritech's Network
Element Bona Fide Request by Ameritech, Collocation (at Focal's option either
Physical or Virtual) of equipment for purposes of Interconnection (pursuant to
Section 4.0) on a non-discriminatory basis and at comparable rates, terms and
conditions as Focal may provide to other third parties. Focal shall provide such
Collocation subject to applicable tariffs or contracts.
12.3 Where Focal is Virtually Collocated on the Effective Date in a
premises that was initially prepared for Physical Collocation, Focal may elect
to (i) retain its Virtual Collocation in that premises and expand that Virtual
Collocation according to current procedures and applicable tariffs, or (ii)
revert to Physical Collocation, in which case Focal shall coordinate with
Ameritech for rearrangement of its equipment (transmission and IDLC) and
circuits, for which Ameritech shall impose no conversion charge. All applicable
Physical Collocation recurring charges shall apply.
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12.4 Where Focal is Virtually Collocated in a premises which was initially
prepared for Virtual Collocation, Focal may elect to (i) retain its Virtual
Collocation in that premises and expand that Virtual Collocation according to
current procedures and applicable tariffs, or (ii) unless it is not practical
for technical reasons or because of space limitations, convert its Virtual
Collocation to Physical Collocation at such premises in which case Focal shall
coordinate the construction and rearrangement with Ameritech of its equipment
(IDLC and transmission) and circuits for which Focal shall pay Ameritech at
applicable tariff rates. In addition, all applicable Physical Collocation
recurring charges shall apply.
12.5 For both Physical Collocation and Virtual Collocation, the Collocating
Party shall provide its own or third-party leased transport facilities and
terminate those transport facilities in equipment located in its Physical
Collocation space at the Housing Party's premises as described in applicable
tariffs or contracts and purchase Cross Connection to services or facilities as
described in applicable tariffs or contracts.
SECTION 251(b) PROVISIONS
13.0 NUMBER PORTABILITY--SECTION 251(b)(2)
13.1 Scope
13.1.1 The Parties shall provide Number Portability on a reciprocal
basis to each other to the extent technically feasible, and in accordance with
rules and regulations as from time to time prescribed by the FCC and/or the
Commission.
13.1.2 Until Number Portability is implemented by the industry
pursuant to regulations issued by the FCC or the Commission, the Parties agree
to provide Interim Telecommunications Number Portability ("INP") to each other
through remote call forwarding, direct inward dialing and NXX migration.
13.1.3 Once Number Portability is implemented pursuant to FCC or
Commission regulation, either Party may withdraw, at any time and at its sole
discretion, its INP offerings, subject to advance notice to the other Party and
coordination to allow the seamless and transparent conversion of INP Customer
numbers to Number Portability. Upon implementation of Number Portability
pursuant to FCC regulation, both Parties agree to conform and provide such
Number Portability.
13.2 Procedures for Providing INP Through Remote Call Forwarding
Focal and Ameritech will provide INP through Remote Call Forwarding as
follows:
13.2.1 A Customer of one Party ("Party A") elects to become a
Customer of the other Party ("Party B"). The Customer elects to utilize the
original telephone number(s) corresponding to the Exchange Service(s) it
previously received from Party A, in conjunction
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with the Exchange Service(s) it will now receive from Party B. Upon receipt of a
signed letter of agency from the Customer (and an associated service order)
assigning the number to Party B. Party A will implement an arrangement whereby
all calls to the original telephone number(s) will be forwarded to a new
telephone number(s) designated by Party B. Party A will route the forwarded
traffic to Party B over the appropriate Local/IntraLATA Trunks as if the call
had originated on Party A's network.
13.2.2 Party B will become the customer of record for the original
Party A telephone numbers subject to the INP arrangements. Party A shall use its
reasonable efforts to consolidate into as few billing statements as possible for
all collect, calling card, and 3rd-number billed calls associated with those
numbers, with sub-account detail by retained number. At Party B's sole
discretion, such billing statement shall be delivered to Party B in an agreed-
upon format via either electronic file transfer, daily magnetic tape, or monthly
magnetic tape.
13.2.3 Party A will update its Line Information Database ("LIDB")
listings for retained numbers, and restrict or cancel calling cards associated
with those forwarded numbers as directed by Party B.
13.2.4 Within two (2) business days of receiving notification from
the Customer, Party B shall notify Party A of the Customer's termination of
service with Party B, and shall further notify Party A as to that Customer's
instructions regarding its telephone number(s). Party A will reinstate service
to that Customer, cancel the INP arrangements for that Customer's telephone
Dumber(s), or redirect the INP arrangement to another INP-participating-LEC
pursuant to the Customer's instructions at that time.
13.3 Procedures for Providing INP Through Direct Inward Dial
Upon request, Ameritech shall provide to Focal Interim Number Portability
via Direct Inward Dial Trunks pursuant to applicable tariffs.
13.4 Procedures for Providing INP Through NXX Migration
Where either Party has activated an entire NXX for a single Customer, or
activated a substantial portion of an NXX for a single Customer with the
remaining numbers in that NXX either reserved for future use or otherwise
unused, if such Customer chooses to receive service from the other Party, the
first Party shall cooperate with the second Party to have the entire NXX
reassigned in the LERG (and associated industry databases, routing tables, etc.)
to an End Office operated by the second Party. Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead-times for movements of NXXs from one switch to
another.
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13.5 Receipt of Terminating Compensation on Traffic to INP'ed Numbers
The Parties agree that under INP terminating compensation on calls to
INP'ed numbers should be received by each Customer's chosen LEC as if each call
to the Customer had been originally addressed by the caller to a telephone
number bearing an NPA-NXX directly assigned to the Customer's chosen LEC. In
order to accomplish this objective where INP is employed, the Parties shall
utilize the process set forth in this Section 13.5 whereby term meting
compensation on calls subject to INP will be passed from the Party (the
"Performing Party") which performs the INP to the other Party (the "Receiving
Party") for whose Customer the INP is provided.
13.5.1 The Parties shall individually and collectively track and
quantify INP traffic between their networks based on the CPN of each call by
identifying CPNs which are INP'ed numbers. The Receiving Party shall charge the
Performing Party for each minute of INP traffic at the INP Traffic Rate
specified in Section 13.5.3 in lieu of any other compensation charges for
terminating such traffic.
13.5.2 By the Interconnection Activation Date in each LATA, the
Parties shall jointly estimate for the prospective year, based on historic data
of all traffic in the LATA, the percentages of such traffic that if dialed to
telephone numbers bearing NPA-NXXs directly assigned to a Receiving Party (as
opposed to the INP'ed number) would have been subject to (i) Reciprocal
Compensation ("Recip Traffic"), (ii) intrastate FGD charges ("Intra Traffic"),
(iii) interstate FGD charges ("Inter Traffic"), or (iv) handling as Local
Traffic under transiting arrangements between the Parties ("Transit Traffic").
On the date which is six (6) months after the Interconnection Activation Date,
and thereafter on each succeeding six month anniversary of such Interconnection
Activation Date, the Parties shall establish new INP traffic percentages to be
applied in the prospective six (6) month period, based on actual INP traffic
percentages from the preceding six (6) month period.
13.5.3 The INP Traffic Rate shall be equal to the sum of:
(Recip Traffic percentage times the Reciprocal Compensation Rate set
forth in the Pricing Schedule) plus (Intra Traffic percentage times
Ameritech's effective intrastate FGD rates) EM (Inter Traffic
percentage times Ameritech's effective interstate FGD rates).
A rate of zero shall be applied to the Transit Traffic percentage on the
assumption that some portion of such Transit Traffic would otherwise be subject
to other compensation arrangements and to account for a reasonable level of
uncollectibles on terminating compensation. Interstate and intrastate FGD rates
shall be calculated utilizing the effective interstate and intrastate carrier
common line (CCL) rates, residual interconnection charge (RIC) rate elements,
local switching (LS) rate elements, one-half the local transport termination
(LTT) rate elements, and one-half the local transport facility (LTF) rate
elements (assuming a five (5) mile LTF).
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14.0 DIALING PARITY -- SECTION 251(b)(3)
The Parties shall provide Local Dialing Parity to each other as required
under Section 251(b)(3) of the Act.
15.0 ACCESS TO RIGHTS-OF-WAY -- SECTION 251(b)(4)
Each Party shall provide the other Party access to the poles, ducts,
rights-of-way and conduits it owns or controls on terms, conditions and prices
comparable to those offered to any other entity pursuant to each Party's
applicable tariffs and/or standard agreements.
16.0 DATABASE ACCESS
In accordance with Section 271 of the Act, Ameritech shall provide Focal
with interfaces to access Ameritech's databases and associated signaling
necessary for the routing and completion of Focal's traffic. Access to such
databases, and the appropriate interfaces, shall be made available to Focal via
a Network Element Bona Fide Request.
17.0 REFERRAL ANNOUNCEMENT
When a Customer changes its service provider from Ameritech to Focal, or
from Focal to Ameritech, and does not retain its original telephone number, the
Party formerly providing service to such Customer shall provide a referral
announcement ("Referral Announcement") on the abandoned telephone number which
provides details on the Customer's new number. Referral Announcements shall be
provided reciprocally, free of charge to either the other Party or the Customer,
for the period specified in 170 IAC 7-1.1-11(I)(3)(a) and (b). However, if
either Party provides Referral Announcements for a period longer than the above
respective periods when its Customers change their telephone numbers, such Party
shall provide the same level of service to Customers of the other Party.
18.0 OTHER SERVICES
Focal and Ameritech provide other services to each other as required under
the Act pursuant to the following Agreements:
(a) Agreement by and between Focal and Ameritech for Enhanced 9-1-1
Service, dated March 16, 1998, and
(b) Listing and Directory Services Agreement between Ameritech
Advertising Services and Focal, dated February 4, 1998.
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GENERAL PROVISIONS
19.0 GENERAL RESPONSIBILITIES OF THE PARTIES
19.1 Each of Ameritech and Focal shall use its best efforts to comply with
the Implementation Schedule.
19.2 The Parties shall exchange technical descriptions and forecasts of
their Interconnection and traffic requirements in sufficient detail necessary to
establish the Interconnections required to assure traffic completion to and from
all Customers in their respective designated service areas. Focal, for the
purpose of ubiquitous connectivity, network diversity and alternate routing,
shall connect to at least one Tandem Office Switch for the receipt/completion of
traffic to any Ameritech End Office Switches.
19.3 Thirty (30) days after the Effective Date and each month during the
term of this Agreement, each Party shall provide the other Party with a rolling,
six (6) calendar month, non binding forecast of its traffic and volume
requirements for the services and Network Elements provided under this Agreement
in the form and in such detail as agreed by the Parties. Notwithstanding
Section 28.6.1, the Parties agree that each forecast provided under this Section
19.3 shall be deemed "Proprietary Information" under Section 28.6.
19.4 Any Party that is required pursuant to this Agreement to provide a
forecast (the "Forecast Provider") or the Party that is entitled pursuant to
this Agreement to receive a forecast (the "Forecast Recipient") with respect to
traffic and volume requirements for the services and Network Elements provided
under this Agreement may request in addition to non-binding forecasts required
by Section 19.3 that the other Party enter into negotiations to establish a
forecast (a "Binding Forecast") that commits such Forecast Provider to purchase,
and such Forecast Recipient to provide, a specified volume to be utilized as set
forth in such Binding Forecast. The Forecast Provider and Forecast Recipient
shall negotiate the terms of such Binding Forecast in good faith and shall
include in such Binding Forecast provisions regarding price, quantity, liability
for failure to perform under a Binding Forecast and any other terms desired by
such Forecast Provider and Forecast Recipient. Notwithstanding Section 28.6.1,
the Parties agree that each forecast provided under this Section 19.4 shall be
deemed "Proprietary Information" under Section 28.6.
19.5 Each Party is individually responsible to provide facilities within
its network which are necessary for routing, transporting, measuring, and
billing traffic from the other Party's network and for delivering such traffic
to the other Party's network in the standard format compatible with Ameritech's
network and to terminate the traffic it receives in that standard format to the
proper address on its network. Such facility shall be designed based upon the
description and forecasts provided under Sections 19.2 and 19.3 above. The
Parties are each solely responsible for participation in and compliance with
national network plans, including The National Network Security Plan and The
Emergency Preparedness Plan.
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19.6 Neither Party shall use any service related to or using any of the
services provided in this Agreement in any manner that interferes with other
persons in the use of their service, prevents other persons from using their
service, or otherwise impairs the quality of service to other carriers or to
either Party's Customers, and either Party may discontinue or refuse service if
the other Party violates this provision. Upon such violation, either Party
shall provide the other Party notice, if practicable, at the earliest
practicable time.
19.7 Each Party is solely responsible for the services it provides to its
Customers and to other Telecommunications Carriers.
19.8 The Parties shall work cooperatively to minimize fraud associated with
third-number billed calls, calling card calls, and any other services related to
this Agreement.
19.9 Each Party is responsible for administering NXX codes assigned to it.
20.0 TERM AND TERMINATION
20.1 The initial term of this Agreement shall be the period terminating on
May 17, 1999 (the "Term"). Absent the receipt by one Party of written notice
from the other Party at least sixty (60) days prior to the expiration of the
Term to the effect that such Party does not intend to extend the Term of this
Agreement, this Agreement shall automatically renew and remain in full force and
effect on and after the expiration of the Term until terminated by either Party
pursuant to Section 20.3.
20.2 Either Party may terminate this Agreement in the event that the other
Party (i) fails to pay any amount when due hereunder (excluding Disputed Amounts
pursuant to Section 28.11) and fails to cure such nonpayment within sixty (60)
days after receipt of written notice thereof; or (ii) fails to perform any other
material obligation required to be performed by it pursuant to this Agreement
and fails to cure such material nonperformance within forty-five (45) days after
written notice thereof.
20.3 If pursuant to Section 20.1 this Agreement continues in full force and
effect after the expiration of the Term, either Party may terminate this
Agreement ninety (90) days after delivering written notice to the other Party of
its intention to terminate this Agreement. Neither Party shall have any
liability to the other Party for termination of this Agreement pursuant to this
Section 20.3 other than to pay to the other Party any amounts owed under this
Agreement.
20.4 Upon termination or expiration of this Agreement in accordance with
this Section 20.0:
(a) each Party shall comply immediately with its obligations set forth
in Section 28.6.3;
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(b) each Party shall continue to perform its obligations and provide
the services as described herein until such time as a successor agreement
between the Parties is entered into; provided, however, that the Parties shall
renegotiate the rates, fees and charges contained herein; and
(c) each Party shall promptly pay all amounts (including any late
payment charges) owed under this Agreement.
20.5 Except as set forth in Section 26.5, no remedy set forth in this
Agreement is intended to be exclusive and each and every remedy shall be
cumulative and in addition to any other rights or remedies now or hereafter
existing under applicable law or otherwise.
21.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NO PARTY MAKES OR
RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES,
FUNCTIONS AND PRODUCTS IT PROVIDES UNDER OR CONTEMPLATED BY THIS AGREEMENT AND
THE PARTIES DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR
A PARTICULAR PURPOSE.
22.0 CANCELLATION CHARGES
Except as, provided in Sections 9.6.4 and 19.4 and pursuant to a Network
Element Bona Fide Request, or as otherwise provided in any applicable tariff or
contract referenced herein, no cancellation charges shall apply.
23.0 NON-SEVERABILITY
23.1 The services, arrangements, Interconnection, Network Elements, terms
and conditions of this Agreement were mutually negotiated by the Parties as a
total arrangement and are intended to be non-severable, subject only to Section
28.14 of this Agreement.
23.2 Nothing in this Agreement shall be construed as requiring or
permitting either Party to contravene any mandatory requirement of federal or
state law, or any regulations or orders adopted pursuant to such law.
24.0 INDEMNIFICATION
24.1 Each Party shall be responsible only for service(s) and facility(ies)
which are provided by that Party, its authorized agents, subcontractors, or
others retained by such parties, and neither Party shall bear any responsibility
for the services and facilities provided by the other Party, its agents,
subcontractors, or others retained by such parties.
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24.2 Except as otherwise provided in Sections 24.3, 24.4 and 25.2, and to
the extent not prohibited by law and not otherwise controlled by tariff, each
Party (the "Indemnifying Party) shall defend and indemnify the other Party (the
Indemnified Party") and hold such Indemnified Party harmless against any Loss to
a third party arising out of the negligence or willful misconduct by such
Indemnifying Party, its agents, its Customers, contractors, or others retained
by such parties, in connection with its provision of services or functions under
this Agreement.
24.3 In the case of any Loss alleged or made by a Customer of either Party,
the Party (Indemnifying Party") whose Customer alleged or made such Loss shall
defend and indemnify the other Party (the "Indemnified Party") and hold such
Indemnified Party harmless against any or all of such Loss alleged by each and
every Customer.
24.4 Each Party ("Indemnified Party") shall be indemnified, defended and
held harmless by the other Party ("Indemnifying Party") against any Loss arising
from such Indemnifying Party's use of services offered under this Agreement,
involving:
(1) Claims for libel, slander, invasion of privacy, or infringement of
copyright arising from the Indemnifying Party's own communications or the
communications of such Indemnifying Party's Customers; or
(2) Claims for patent, trademark, copyright infringement or other
infringement of intellectual property rights, arising from the Indemnifying
Party's acts combining or using the service furnished by the Indemnified
Party in connection with facilities or equipment furnished by the
Indemnifying Party or its Customers, agents, subcontractors or others
retained by such parties.
24.5 The Indemnifying Party agrees to defend any suit brought against the
Indemnified Party for any Loss identified in this Section 24.0. The Indemnified
Party agrees to notify the Indemnifying Party promptly in writing of any written
claims, lawsuits, or demand for which such Indemnifying Party is or may be
responsible and of which the Indemnified Party has knowledge and to cooperate in
every reasonable way to facilitate defense or settlement of claims. The
Indemnifying Party shall have the exclusive right to control and conduct the
defense and settlement of any such actions or claims subject to consultation
with the Indemnified Party. The Indemnifying Party shall not be liable for any
settlement by the Indemnified Party unless such Indemnifying Party has approved
such settlement in advance and agrees to be bound by the agreement incorporating
such settlement.
25.0 LIMITATION OF LIABILITY
25.1 Except as otherwise provided in Section 24.0, no Party shall be liable
to the other Party for any Loss, defect or equipment failure caused by the
conduct of the other Party, the other Party's agents, servants, contractors or
others acting in aid or concert with the other Party.
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25.2 Except for Losses alleged or made by a Customer of either Party, in
the case of any Loss arising from the negligence or willful misconduct of both
Parties, each Party shall bear, and its obligations under this Section 25.0
shall be limited to, that portion (as mutually agreed to by the Parties) of the
resulting expense caused by its (including that of its agents, servants,
contractors or others acting in aid or concert with it) negligence or willful
misconduct.
25.3 Except for indemnity obligations under Sections 24.2 and 24.4, each
Party's liability to the other Party for any Loss relating to or arising out of
any negligent act or omission in its performance of this Agreement, whether in
contract or in tort, shall be limited to the total amount that is or would have
been charged to the other Party by such negligent or breaching Party for the
service(s) or function(s) not performed or improperly performed.
25.4 In no event shall either Party have any liability whatsoever to the
other Party for any indirect, special, consequential, incidental or punitive
damages, including but not limited to loss of anticipated profits or revenue or
other economic loss in connection with or arising from anything said, omitted or
done hereunder (collectively, "Consequential Damages"), even if the other Party
has been advised of the possibility of such damages; provided, that the
foregoing shall not limit a Party's obligation under Section 24.2 to indemnify,
defend and hold the other Party harmless against any amounts payable to a third
party, including any losses, costs, fines, penalties, criminal or civil
judgments or settlements, expenses (including attorneys' fees) and Consequential
Damages of such third party.
26.0 AMENDMENT OR OTHER CHANGES TO THE ACT; RESERVATION OF RIGHTS
The Parties acknowledge that the respective rights and obligations of each
Party as set forth in this Agreement are based on the text of the Act and the
rules and regulations promulgated thereunder by the FCC and the Commission as of
the Effective Date. In the event of any amendment of the Act, or any
legislative, regulatory, judicial order, rule or regulation or other legal
action that revises or reverses the Act, the FCC's First Report and Order in CC
Docket Nos. 96-98 and 95-185 or any applicable Commission order or arbitration
award purporting to apply the provisions of the Act (individually and
collectively, an "Amendment to the Act"), either Party may by providing written
notice to the other Party require that the affected provisions be renegotiated
in good faith and this Agreement be amended accordingly to reflect the pricing,
terms and conditions of each such Amendment to the Act relating to any of the
provisions in this Agreement. If any such amendment to this Agreement affects
any rates or charges of the services provided hereunder, such amendment shall be
retroactively effective as determined by the Commission and each Party reserves
its rights and remedies with respect to the collection of such rates or charges,
including the right to seek a surcharge before the applicable regulatory
authority.
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27.0 REGULATORY APPROVAL
The Parties understand and agree that this Agreement will be filed with the
Commission and may thereafter be filed with the FCC. The Parties covenant and
agree that this Agreement is satisfactory to them as an agreement under Section
251 of the Act. Each Party covenants and agrees to fully support approval of
this Agreement by the Commission or the FCC under Section 252 of the Act without
modification. The Parties, however, resend the right to seek regulatory relief
and otherwise seek redress from each other regarding performance and
implementation of this Agreement. In the event the Commission rejects any
portion of this Agreement, the Parties agree to meet and negotiate in good faith
to arrive at a mutually acceptable modification of the rejected portion.
28.0 MISCELLANEOUS
28.1 Authorization.
28.1.1 Ameritech Information Industry Services, a division of
Ameritech Services, Inc., is a corporation duly organized, validly existing and
in good standing under the laws of the State of Delaware and has full power and
authority to execute and deliver this Agreement and to perform the obligations
hereunder on behalf of Ameritech Indiana.
28.1.2 Focal is a corporation duly organized, validly existing and in
good standing under the laws of the State of Delaware and has full power and
authority to execute and deliver this Agreement and to perform its obligations
hereunder.
28.2 Compliance. Each Party shall comply with all applicable federal,
state, and local laws, rules, and regulations applicable to its performance
under this Agreement.
28.3 Compliance with the Communications Law Enforcement Act of 1994
("CALEA"). Each Party represents and warrants that any equipment, facilities or
services provided to the other Party under this Agreement comply with CALEA.
Each Party shall indemnify and hold the other Party harmless from any and all
penalties imposed upon the other Party for such noncompliance and shall at the
non-compliant Party's sole cost and expense, modify or replace any equipment,
facilities or services provided to the other Party under this Agreement to
ensure that such equipment, facilities and services fully comply with CALEA.
28.4 Independent Contractor. Each Party shall perform services hereunder
as an independent contractor and nothing herein shall be construed as creating
any other relationship between the Parties. Each Party and each Party's
contractor shall be solely responsible for the withholding or payment of all
applicable federal, state and local income taxes, social security taxes and
other payroll taxes with respect to their employees, as well as any taxes,
contributions or other obligations imposed by applicable state unemployment or
workers' compensation acts. Each Party has sole authority and responsibility to
hire, fire and otherwise control its employees.
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28.5 Force Majeure. Neither Party shall be liable for any delay or failure
in performance of any part of this Agreement from any cause beyond its control
and without its fault or negligence including, without limitation, acts of
nature, acts of civil or military authority, government regulations, embargoes,
epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes,
nuclear accidents, floods, work stoppages, equipment failure, power blackouts,
volcanic action, other major environmental disturbances, unusually severe
weather conditions, inability to secure products or services of other persons or
transportation facilities or acts or omissions of transportation carriers
(collectively, a "Force Majeure Event").
28.6 Confidentiality.
28.6.1 Any information such as specifications, drawings, sketches,
business information, forecasts, models, samples, data, computer programs and
other software and documentation of one Party (a "Disclosing Party") that is
furnished or made available or otherwise disclosed to the other Party or any of
its employees, contractors, agents or Affiliates (its "Representatives" and with
a Party, a "Receiving Party") pursuant to this Agreement (proprietary
Information") shall be deemed the property of the Disclosing Party. Proprietary
Information, if written, shall be marked "Confidential" or "Proprietary" or by
other similar notice, and, if oral or visual, shall be confirmed in writing as
confidential by the Disclosing Party to the Receiving Party within ten (10) days
after disclosure. Unless Proprietary Information was previously known by the
Receiving Party free of any obligation to keep it confidential, or has been or
is subsequently made public by an act not attributable to the Receiving Party,
or is explicitly agreed in writing not to be regarded as confidential, it (a)
shall be held in confidence by each Receiving Party; (b) shall be disclosed to
only those Representatives who have a need for it in connection with the
provision of services required to fulfill this Agreement and shall be used only
for such purposes; and (c) may be used for other purposes only upon such terms
and conditions as may be mutually agreed to in advance of use in writing by the
Parties. Notwithstanding the foregoing sentence, a Receiving Party shall be
entitled to disclose or provide Proprietary Information as required by any
governmental authority or applicable law only in accordance with Section 28.6.2.
28.6.2 If any Receiving Party is required by any governmental
authority or by applicable law to disclose any Proprietary Information, then
such Receiving Party shall provide the Disclosing Party with written notice of
such requirement as soon as possible and prior to such disclosure. The
Disclosing Party may then either seek appropriate protective relief from all or
part of such requirement or, if it fails to successfully do so, it shall be
deemed to have waived the Receiving Party's compliance with Section 28.6 with
respect to all or part of such requirement. The Receiving Party shall use all
commercially reasonable efforts to cooperate with the Disclosing Party in
attempting to obtain any protective relief which such Disclosing Party chooses
to obtain.
28.6.3 In the event of the expiration or termination of this
Agreement for any reason whatsoever, each Party shall return to the other Party
or destroy all Proprietary Information and other documents, work papers and
other material (including all copies thereof)
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obtained from the other Party in connection with this Agreement and shall use
all reasonable efforts, including instructing its employees and others who have
had access to such information, to keep confidential and not to use any such
information, unless such information is now, or is hereafter disclosed, through
no act, omission or fault of such Party, in any manner making it available to
the general public.
28.7 Governing Law. For all claims under this Agreement that are based
upon issues within the jurisdiction (primary or otherwise) of the FCC, the
exclusive jurisdiction and remedy for all such claims shall as provided for by
the FCC and the Act. For all claims under this Agreement that are based upon
issues within the jurisdiction (primary or otherwise) of the Commission, the
exclusive jurisdiction for all such claims shall be with such Commission, and
the exclusive remedy for such claims shall be as provided for by such
Commission. In all other respects, this Agreement shall be governed by the
domestic laws of the State of Indiana without reference to conflict of law
provisions.
28.8 Taxes. Each Party purchasing services hereunder shall pay or
otherwise be responsible for all federal, state, or local sales, use, excise,
gross receipts, transaction or similar taxes, fees or surcharges levied against
or upon such purchasing Party (or the providing Party when such providing Party
is permitted to pass along to the purchasing Party such taxes, fees or
surcharges), except for any tax on either Party's corporate existence, status or
income. Whenever possible, these amounts shall be billed as a separate item on
the invoice. To the extent a sale is claimed to be for resale tax exemption, the
purchasing Party shall furnish the providing Party a proper resale tax exemption
certificate as authorized or required by statute or regulation by the
jurisdiction providing said resale tax exemption. Failure to timely provide said
resale tax exemption certificate will result in no exemption being available to
the purchasing Party.
28.9 Non-Assignment. Neither Party may assign or transfer (whether by
operation of law or otherwise) this Agreement (or any rights or obligations
hereunder) to a third park without the prior written consent of the other Party;
provided that each Party may assign this Agreement to a corporate Affiliate or
an entity under its common control or an entity acquiring all or substantially
all of its assets or equity by providing prior written notice to the other Party
of such assignment or transfer. Any attempted assignment or transfer that is not
permitted is void ab initio. Without limiting the generality of the foregoing,
this Agreement shall be binding upon and shall inure to the benefit of the
Parties' respective successors and assigns.
28.10 Non-Waiver. Failure of either Party to insist on performance of any
term or condition of this Agreement or to exercise any right or privilege
hereunder shall not be construed as a continuing or future waiver of such term,
condition, right or privilege.
28.11 Disputed Amounts.
28.11.1 If any portion of an amount due to a Party (the "Billing
Party") under this Agreement is subject to a bona fide dispute between the
Parties, the Party billed (the
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Non-Paying Party") shall within sixty (60) days of its receipt of the invoice
containing such disputed amount give notice to the Billing Party of the amounts
it disputes (Disputed Amounts) and include in such notice the specific details
and reasons for disputing each item. The Non-Paying Party shall pay when due (i)
all undisputed amounts to the Billing Party and (ii) all Disputed Amounts into
an interest bearing escrow account with a third party escrow agent mutually
agreed upon by the Parties.
28.11.2 If the Parties are unable to resolve the issues related to
the Disputed Amounts in the normal course of business within sixty (60) days
after delivery to the Billing Party of notice of the Disputed Amounts, each of
the Parties shall appoint a designated representative who has authority to
settle the dispute and who is at a higher level of management than the persons
with direct responsibility for administration of this Agreement. The designated
representatives shall meet as often as they reasonably deem necessary in order
to discuss the dispute and negotiate in good faith in an effort to resolve such
dispute. The specific format for such discussions will be left to the discretion
of the designated representatives, however all reasonable requests for relevant
information made by one Party to the other Party shall be honored.
28.11.3 If the Parties are unable to resolve issues related to the
Disputed Amounts within forty-five (45) days after the Parties' appointment of
designated representatives pursuant to Section 28.11.2, then either Party may
file a complaint with the Commission to resolve such issues or proceed with any
other remedy pursuant to law or equity. The Commission may direct release of any
or all funds (including any accrued interest) in the escrow account, plus
applicable late fees, to be paid to either Party.
28.11.4 The Parties agree that all negotiations pursuant to this
Section 28.11 shall remain confidential and shall be treated as compromise and
settlement negotiations for purposes of the Federal Rules of Evidence and state
rules of evidence.
28.11.5 Any undisputed amounts not paid when due shall accrue
interest from the date such amounts were due at the lesser of (i) one and one-
half percent (1-1/2%) per month or (ii) the highest rate of interest that may be
charged under applicable law.
28.12 Notices. Notices given by one Party to the other Party under this
Agreement shall be in writing and shall be (a) delivered personally, (b)
delivered by express delivery service, (c) mailed, certified mail or first class
U.S. mail postage prepaid, return receipt requested or (d) delivered by telecopy
to the following addresses of the Parties:
To Focal:
Focal Communications Corporation of Illinois
000 X. XxXxxxx, Xxxxx 000
Xxxxxxx, Xxxxxxxx 00000
Attn: Executive Vice President and COO
Facsimile: (000) 000-0000
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To Ameritech:
Ameritech Information Industry Services
000 Xxxxx Xxxxxxx, Xxxxx 0
Xxxxxxx, XX 00000
Attn.: Vice President - Network Providers
Facsimile: 312/335-2927
with a copy to:
Ameritech Information Industry Services
000 Xxxxx Xxxxxxx, Xxxxx 0
Xxxxxxx, XX 00000
Attn.: Vice President and General Counsel
Facsimile: (000) 000-0000
or to such other address as either Party shall designate by proper notice.
Notices will be deemed given as of the earlier of (i) the date of actual
receipt, (ii) the next business day when notice is sent via express mail or
personal delivery, (iii) three (3) days after mailing in the case of first class
or certified U.S. mail or (iv) on the date set forth on the confirmation in the
case of telecopy.
28.13 Publicity and Use of Trademarks or Service Marks. Neither Party nor
its subcontractors or agents shall use the other Party's trademarks, service
marks, logos or other proprietary trade dress in any advertising, press
releases, publicity matters or other promotional materials without such Party's
prior written consent.
28.14 Section 252(i) Obligations. If either Party enters into an
agreement (the "Other Agreement") approved by the Commission pursuant to Section
252 of the Act which provides for the provision of arrangements covered in this
Agreement to another requesting Telecommunications Carrier, including itself or
its affiliate, such Party shall make available to the other Party such
arrangements upon the same rates, terms and conditions as those provided in the
Other Agreement. At its sole option, the other Party may avail itself of either
(i) the Other Agreement in its entirety or (ii) the prices, terms and conditions
of the Other Agreement that directly relate to any of the following duties as a
whole:
(1) Interconnection - Section 251(c)(2) of the Act (Section 4.0 and 5.0 of
this Agreement); or
(2) Exchange Access - Section 251(c)(2) of the Act (Section 6.0 of this
Agreement); or
(3) Unbundled Access - Section 251(c)(3) of the Act (Section 9.0 of this
Agreement); or
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(4) Resale - Section 251(c)(4) of the Act (Section 10.0 of this
Agreement); or
(5) Collocation - Section 251(c)(6) of the Act (Section 12.0 of this
Agreement); or
(6) Number Portability - Section 251(b)(2) of the Act (Section 13.0 of
this Agreement); or
(7) Access to Rights of Way - Section 251(b)(4) of the Act (Section 15.0
of this Agreement).
28.15 Additional Right to Modification. The Parties acknowledge and agree
that this Agreement contains provisions substantially similar to those in an
Interconnection Agreement by and between Ameritech Indiana and AT&T
Communications of Indiana, Inc., which was approved by the Commission on March
26, 1997. To the extent that any provisions in the AT&T Interconnection
Agreement are modified as a result of any order or finding by the FCC, the
Commission or a court of competent jurisdiction, either Party shall have the
right to modify the corresponding provisions in this Agreement consistent with
such order or finding.
28.16 Joint Work Product. This Agreement is the joint work product of the
Parties and has been negotiated by the Parties and their respective counsel and
shall be fairly interpreted in accordance with its terms and, in the event of
any ambiguities, no inferences shall be drawn against either Party.
28.17 No Third Party Beneficiaries; Disclaimer of Agency. This Agreement
is for the sole benefit of the Parties and their permitted assigns, and nothing
herein express or implied shall create or be construed to create any third-party
beneficiary rights hereunder. Except for provisions herein expressly authorizing
a Party to act for another, nothing in this Agreement shall constitute a Party
as a legal representative or agent of the other Party, nor shall a Party have
the right or authority to assume, create or incur any liability or any
obligation of any kind, express or implied, against or in the name or on behalf
of the other Party unless otherwise expressly permitted by such other Party.
Except as otherwise expressly provided in this Agreement, no Party undertakes to
perform any obligation of the other Party, whether regulatory or corral, or to
assume any responsibility for the management of the other Party's business.
28.18 No License. No license under patents, copyrights or any other
intellectual property right (other than the limited license to use consistent
with the terms, conditions and restrictions of this Agreement) is granted by
either Party or shall be implied or arise by estoppel with respect to any
transactions contemplated under this Agreement.
28.19 Technology Upgrades. Nothing in this Agreement shall limit
Ameritech's ability to upgrade its network through the incorporation of new
equipment, new software or otherwise. Ameritech shall provide Focal written
notice at least ninety (90) days prior to the incorporation of any such upgrades
in Ameritech's network which will materially impact Focal's service.
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Focal shall be solely responsible for the cost and effort of accommodating such
changes in its own network.
28.20 Survival. The Parties' obligations under this Agreement which by
their nature are intended to continue beyond the termination or expiration of
this Agreement shall survive the termination or expiration of this Agreement,
including without limitation, Sections 20.4, 21.0, 22.0, 24.0, 25.0, 28.3, 28.6,
28.11, 28.13 and 28.18.
28.21 Scope of Agreement. This Agreement is intended to describe and
enable specific Interconnection and access to unbundled Network Elements and
compensation arrangements between the Parties. This Agreement does not obligate
either Party to provide arrangements not specifically provided herein.
28.22 Entire Agreement. The terms contained in this Agreement and any
Schedules, Exhibits, tariffs and other documents or instruments referred to
herein, which are incorporated into this Agreement by this reference, constitute
the entire agreement between the Parties with respect to the subject matter
hereof, superseding all prior understandings, proposals and other
communications, oral or written. Neither Party shall be bound by any preprinted
terms additional to or different from those in this Agreement that may appear
subsequently in the other Party's form documents, purchase orders, quotations,
acknowledgments, invoices or other communications. This Agreement may only be
modified by a writing signed by an officer of each Party.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of this 16th day of March 1998./2/
FOCAL COMMUNICATIONS AMERITECH INFORMATION
CORPORATION OF ILLINOIS INDUSTRY SERVICES, A DIVISION OF
AMERITECH SERVICES, INC., ON BEHALF
OF AMERITECH INDIANA
By: /s/ Xxxx X. Xxxxxxxx By: /s/ Xxxxxxxx X. Xxxxxxx
-------------------------------- ---------------------------------
Printed: Xxxx X. Xxxxxxxx Printed: Xxxxxxxx X. Xxxxxxx
--------------------------- ----------------------------
Title: Executive Vice President Title: Vice President
----------------------------- ------------------------------
--------------------------------------------------------------------------------
/2/ This Agreement is the result of Focal's adoption in its entirety of the
terms of that certain Amended and Restated Agreement under Sections 251 and
252 of the Telecommunications Act of 1996 dated April, 1997 by and between
Ameritech Indiana and MFS Intelenet of Indiana, Inc. ("MFS Agreement").
This Agreement does not represent a voluntary or negotiated agreement under
Section 252 of the Act but instead merely represents Ameritech's compliance
with Focal's statutory rights under Section 252(i) of the Act. If any
provision in the MFS Agreement is amended or modified as a result of any
order or finding by the FCC, the Commission or a court of competent
jurisdiction, this Agreement shall be deemed to be amended consistent with
such order or finding, including the date such amendment is deemed
effective. The term "Effective Date" as used herein refers to the
Effective Date of the MFS Agreement. This Agreement is not effective
between Ameritech and Focal until it is approved by the Commission and does
not obligate either Party with respect to the period prior to approval.
-45-
SCHEDULE 1.0
CERTAIN TERMS AS DEFINED THE ACT AS OF MAY 16, 1996
"Affiliate" means a person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control with, another
person. For purposes of this paragraph, the term "own" means to own an equity
interest (or the equivalent thereof) of more than ten percent (10%).
"Dialing Parity" means that a person that is not an Affiliate of LEC is
able to provide Telecommunications Services in such a manner that Customers have
the ability to route automatically, without the use of any access code, their
Telecommunications to the Telecommunications Services provider of the Customer's
designation from among two (2) or more Telecommunications Services providers
(including such LEC).
"Exchange Access" means the offering of access to Telephone Exchange
Services or facilities for the purpose of the origination or termination of
Telephone Toll Services.
"InterLATA" means Telecommunications between a point located in a local
access and transport area and a point located outside such area.
"Local Access and Transport Area" or "LATA" means a contiguous geographic
area: (a) established before the date of enactment of the Act by a Xxxx
operating company such that no Exchange Area includes points within more than
one (1) metropolitan statistical area, consolidated metropolitan statistical
area, or State, except as expressly permitted under the AT&T Consent Decree; or
(b) established or modified by a Bell operating company after such date of
enactment and approved by the FCC.
"Local Exchange Carrier" means any person that is engaged in the provision
of Telephone Exchange Service or Exchange Access. Such term does not include a
person insofar as such person is engaged in the provision of a commercial mobile
service under Section 332(c) of the Act, except to the extent that the FCC finds
that such service should be included in the definition of such term.
"Network Element" means a facility or equipment used in the provision of a
Telecommunications Service. Such term also includes features, functions, and
capabilities that are provided by means of such facility or equipment, including
subscriber numbers, databases, signaling systems, and information sufficient for
billing and collection or used in the transmission, routing, or other provision
of a Telecommunications Service.
"Number Portability" means the ability of end 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.
Sch. 1.0 - 1
"Telecommunications" means the transmission, between or among points
specified by the user, of information of the user's choosing, without change in
the form or content of the information as sent and received.
"Telecommunications Carrier" means any provider of Telecommunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Communications
Act).
"Telecommunications Service" means the offering of Telecommunications for a
fee directly to the public, or to such classes of users as to be effectively
available directly to the public, regardless of the facilities used.
"Telephone Exchange Service" means (a) service within a telephone exchange
or within a connected system of telephone exchanges within the same exchange
area operated to furnish subscribers intercommunicating service of the character
ordinarily furnished by a single exchange, and which is covered by the exchange
service charge, or (b) comparable service provided through a system of switches,
transmission equipment, or other facilities (or combination thereof) by which a
subscriber can originate and terminate a telecommunications service.
"Telephone Toll Service" means telephone service between stations in
different exchange areas for which there is made a separate charge not included
in contracts with subscribers for exchange service.
Sch. 1.0 - 2
SCHEDULE 3.0
IMPLEMENTATION SCHEDULE
LATA Ameritech Focal Interconnection
Interconnection Interconnection Activation
Wire Center Wire Center Date
(AIWC) (FIWC)
Chicago 358 Wabash 000 X. XxXxxxx The later of March 27,
CHCGILWB12T CHCGILABDSO 1998 or the approval date
of this Agreement by the
Commission*
--------------------------------------------------------------------------------
/*/ Based on pre-existing interconnection arrangements between the Parties
Sch. 3.0 - 1
SCHEDULE 9.2.1
LOCAL LOOPS
Subject to Section 1.1 of Schedule 9.5, Ameritech shall allow Focal to access
the following Loop types (in addition to those Loops available under applicable
tariffs) unbundled from switching and local transport.
"2-Wire Analog Voice Grade Loop" or "Analog 2W," which supports analog
transmission of 303000 Hz, repeat loop start, loop reverse battery, or ground
start seizure and disconnect in one direction (toward the End Office Switch),
and repeat ringing in the other direction (toward the Customer) and terminates
in a 2-Wire interface at both the central office MDF and the customer premises.
Analog 2W includes Loops sufficient for the provision of PBX trunks, pay
telephone lines and electronic key system lines. Analog 2W will be provided in
accordance with the specifications, interfaces, and parameters described in
Technical Reference AM-TR-TMO-000122, Ameritech Unbundled Analog Loops.
"4-Wire Analog Voice Grade Loop" or "Analog 4W," which supports transmission
of voice grade signals using separate transmit and receive paths and terminates
in a 4-wire electrical interface at both ends. Analog 4W will be provided in
accordance with the specifications, interfaces, and parameters described in
Technical Reference XX-XX-XXX-000000, Xxxxxxxxx Unbundled Analog Loops.
"2-Wire ISDN 160 Kbps Digital Loop" or "BRI-ISDN" which supports digital
transmission of two 64 kbps bearer channels and one 16 kbps data channel (2B+D).
BRI-ISDN is a 2B+D Basic Rate Interface-Integrated Services Digital Network
(BRI-ISDN) Loop which will meet national ISDN standards and conform to Technical
Reference XX-XX-XXX-000000, Xxxxxxxxx Unbundled Digital Loops (including ISDN).
"2-Wire ADSL-Compatible Loop" or "ADSL 2W" is a transmission path which
facilitates the transmission of up to a 6 Mbps digital signal downstream (toward
the Customer) and up to a 640 kpbs digital signal upstream (away from the
Customer) while simultaneously carrying an analog voice signal. An ADSL-2W is
provided over a 2-Wire, non-loaded twisted copper pair provisioned using revised
resistance design guidelines and meeting ANSI Standard T1.413-1995 and AM TR--
TMO-000123. An ADSL-2W terminates in a 2-wire electrical interface at the
Customer premises and at the Ameritech Central Office frame. ADSL technology
can only be deployed over Loops which extend less than 18 Kft. from Ameritech's
Central Office. ADSL compatible Loops are available only where existing copper
facilities can meet the ANSI T1.413-1995 specifications.
"2-Wire HDSL-Compatible Loop" or "HDSL 2W" is a transmission path which
facilitates the transmission of a 768 kbps digital signal over a 2-Wire, non-
loaded twisted copper pair meeting the specifications in ANSI T1E1 Committee
Technical Report Number 28. HDSL
Sch. 9.2.1 - 1
compatible Loops are available only where existing copper facilities can meet
the T1E1 Technical Report Number 28 and AM-TR-TMO-000123 specifications.
"4-Wire HDSL-Compatible Loop" or "HDSL 4W" is a transmission path which
facilitates the transmission of a 1.544 Mbps digital signal over two 2-Wire,
non-loaded twisted copper pairs meeting the specifications in ANSI T1E1
Committee Technical Report Number 28 and AM TR-TMO 000123. HDSL compatible
Loops are available only where existing copper facilities can meet the T1E1
Technical Report Number 28 specifications.
"4-Wire 64 Kbps Digital Loop" or "4-Wire 64 Digital" is a transmission path
which supports transmission of digital signals of up to a maximum binary
information rate of 64 Kbps and terminates in a 4-Wire electrical interface at
both the Customer premises and on the MDF in Ameritech's Central Office. 4-Wire
64 Digital will be provided in accordance with the specifications, interfaces
and parameters described in AM-TR-TMO-000123.
"4-Wire 1.544 Mbps Digital Loop" or "1.544 Mbps Digital" is a transmission
path which supports transmission of digital signals of up to a maximum binary
information rate of 1.544 Mbps and terminates in a 4-Wire electrical interface
at the Customer premises and on the DSX frame in Ameritech's Central Office.
1.544 Mbps Digital will be provided in accordance with the specifications,
interfaces and parameters described in AM-TR-TMO-00023.
Sch. 9.2.1 - 2
SCHEDULE 9.2.2
UNBUNDLED ACCESS TO NETWORK INTERFACE DEVICES
Ameritech's Network Interface Device ("NID") is a Network Element that
utilizes a cross-connect device to connect loop facilities to inside wiring.
Ameritech will permit Focal to connect Focal's loop to the inside wiring of
the Customer's premises through Ameritech's NID, where necessary. Focal must
establish the connection to Ameritech's NID through an adjoining NID which
serves as the network interface or demarcation for Focal's loop.
Maintenance and control of premises (inside wiring) is under the control of
the Customer. Any conflicts between service providers for access to the
Customer's inside wire must be resolved by the Customer.
Sch. 9.2.2 - 1
SCHEDULE 9.2.3
SWITCHING
1.0 Local Switching. The local switching capability of a Network Element
("Unbundled Local Switching") is defined as:
(1) line-side facilities, which include the connection between a Loop
termination at the Main Distribution Frame and a switch line card;
(2) trunk-side facilities, which include the connection between trunk
termination at a trunk-side cross-connect panel and a switch trunk
card; and
(3) all features, functions, and capabilities of the switch available from
the specific port type (line side or trunk side port), which include:
(a) the basic switching function of connecting lines to lines,
lines to trunks, trunks to lines, and trunks to trunks, as well as the
same basic capabilities made available to Ameritech's Customers, such
as a telephone number, white page listing, and dial tone;
(b) access to operator services, directory assistance and 9-1-1;
and
(c) all other features that the switch provides, including custom
calling, CLASS features and Centrex, as well as any technically
feasible customized routing functions available from such switch.
When local switching is provided by Ameritech, Focal will receive Customer Usage
Data and billing information in accordance with the requirements of Section 3.0
of this Schedule 9.2.3.
2.0 Tandem Switching.
2.1 The Tandem Switching Capability Network Element is defined as:
(1) an unbundled Network Element in Ameritech's Class 4 non-TOPS digital
Tandem Switches, which includes Interconnection with the trunk at the
Tandem Distribution Frame ("TDF") and the Tandem Switch trunk ports;
(2) the basic switching function of creating a temporary transmission path
that connects Focal's trunks to the trunks of Ameritech, IXCs, ICOs,
CMRS, and other LECs interconnected to the Tandem Switch.
Sch. 9.2.3 - 1
2.2 Interconnecting trunk types which can be switched include FOB, FGC,
FGD and Type II. Signaling support includes Rotary, MF, and SS7 and any
signaling conversions between these signaling formats.
2.3 Variations in Tandem Switching equipment used to provide service in
specific locations may cause differences in the operation of certain features.
2.4 The unbundled Tandem Switching Network Element will provide to Focal
all available basic Tandem Switching functions and basic capabilities that are
centralized in the Tandem Switch (and not in End Office Switches), including the
following functions Ameritech makes available to its Customers:
1. Routing of calls from an inbound trunk to an outbound trunk based
on destination digits.
2. Routing of Equal Access or Operator Service calls from an inbound
trunk to an outbound trunk based on the CIC forwarded by the
inbound trunk.
2.5 Translations, screening, blocking, and route indexing are provided if
technically feasible under the standard switching translations and screening in
use in that switch. A request for translations, screening, blocking, route
indexing other than what is available (i.e., features that the switch is capable
of providing) in that switch will be provided where technically feasible as a
Bona Fide Request. Ameritech will provide these features if technically
feasible and upon agreement by Focal to pay the applicable recurring and
nonrecurring costs of developing, installing, providing and maintaining the
capability. Variations in the Tandem Switching equipment or translation and
screening used to provide service in specific locations may cause differences in
the operation of the element.
3.0 Exchange of Billing Information.
3.1 Ameritech shall provide Focal a specific Daily Usage File ("DUF") for
Unbundled Local Switching provided hereunder ("Customer Usage Data"). Such
Customer Usage Data shall be recorded by Ameritech in accordance with the
Ameritech Electronic Billing System (AEBS) and EMR. The DUF shall include
specific daily usage, including both Local Traffic and IntraLATA Toll Traffic,
in EMR format, and shall include sufficient detail to enable Focal to xxxx its
facilities-based Customers who utilize Unbundled Local Switching that Focal
purchases from Ameritech. Ameritech will provide to Focal detailed
specifications which will enable Focal to develop an interface for the exchange
of Customer Usage Data. Procedures and processes for implementing the interface
will be included in the Grooming Plan. Except as provided in this Section 3.0,
no other detailed billing shall be provided by Ameritech to Focal.
3.2 Interexchange call detail forwarded to Ameritech for billing, which
would otherwise be processed by Ameritech, will be returned to the IXC and will
not be passed through to Focal. This call detail will be returned to the IXC
with a transaction code indicating
Sch. 9.2.3 - 2
that the returned call originated from a resold account. Billing for 976 calls
or other Information Services Traffic will be passed through when Ameritech
records the message. If Focal does not wish to be responsible for 976 calls, it
must order blocking for resold lines. When the IXC records the 976 calls, the
call detail will be returned to the IXC. Upon Focal's request, Ameritech will
recourse charges on 976 calls to the Information Service provider in accordance
with existing agreements with such providers. If the provider will not accept
recourse, Ameritech will notify Focal, and Focal, at its option and expense, may
pursue any rights which Ameritech may have under such agreements to contest such
charge. If Focal elects not to contest such charges or such Information Service
provider does not accept the recourse, Focal will promptly pay Ameritech for
such charges and the dispute shall be solely between Focal and the Information
Service provider.
3.3 Ameritech shall not be responsible for providing any billing
information to Focal Customers.
Sch. 9.2.3 - 3
SCHEDULE 9.2.4
INTEROFFICE TRANSMISSION FACILITIES
Interoffice Facilities are Ameritech transmission facilities dedicated to a
particular Customer or carrier, or shared by more than one Customer or carrier,
used to provide Telecommunications Services between Wire Centers owned by
Ameritech or Focal, or between Switches owned by Ameritech or Focal.
1. Ameritech provides several varieties of unbundled transport facilities:
1.1. Unbundled dedicated interoffice transmission facility ("Dedicated
Transport") is a dedicated facility connecting two Ameritech Central Offices
buildings via Ameritech transmission equipment. In each Central Office building,
Focal will Cross-Connect this facility to its own transmission equipment
(physically or virtually) Collocated in each Wire Center, or to other unbundled
Network Elements provided by Ameritech provided that the requested combination
is technically feasible and is consistent with other standards established by
the FCC for the combination of unbundled Network Elements. All applicable
digital Cross-Connect, multiplexing, and Collocation space charges apply at an
additional cost.
1.2. "Unbundled dedicated entrance facility" is a dedicated facility
connecting Ameritech's transmission equipment in an Ameritech Central Office
with Focal's transmission equipment in Focal's Wire Center for the purposes of
providing Telecommunications Services.
1.3. Shared interoffice transmission facilities ("Shared Transport") are a
billing arrangement where two (2) or more carriers share the features, functions
and capabilities of transmission facilities between the same types of locations
as described for dedicated transport in Sections 1.1 and 1.2 preceding and share
the costs.
2. Ameritech shall offer Interoffice Transmission Facilities in each of the
following ways:
2.1. As a dedicated transmission path (e.g., DS1, DS3, OC3, OC12 and OC48)
dedicated to Focal.
2.2. As a shared transmission path as described in Section 1.3 above.
3. Where Dedicated Transport or Shared Transport is provided, it shall include
(as appropriate):
3.1 The transmission path at the requested speed or bit rate.
3.2 The following optional features are available; if requested by Focal,
at additional costs:
Sch 9.2.4 - 1
3.2.1. Clear Channel Capability per 1.544 Mbps (DS1) bit stream.
3.2.2. Ameritech provided Central Office multiplexing:
(a) DS3 to DS1 multiplexing; and
(b) DS1 to Xxxxx/Xxxx Xxxx/000, 000, 000 Xxxx Transport
multiplexing.
3.3 If requested by Focal, the following are available at an additional
cost:
3.3.1. 1+1 Protection for OC3, OC12 and OC48.
3.3.2. 1+1 Protection with Cable Survivability for OC3, OC12 and
OC48.
3.3.3. 1+1 Protection with Route Survivability for OC3, OC12 and
OC48.
4. Technical Requirements.
This Section sets forth technical requirements for all Interoffice
Transmission Facilities:
4.1. When Ameritech provides Dedicated Transport as a circuit, the entire
designated transmission facility (e.g., DS1, DS3, and where available, STS-1)
shall be dedicated to Focal designated traffic.
4.2. Ameritech shall offer Dedicated Transport in all then currently
available technologies including DS1 and DS3 transport systems, SONET
Bidirectional Line Switched Rings, SONET Unidirectional Path Switched Rings, and
SONET point-to-point transport systems (including linear add-drop systems), at
all available transmission bit rates, except subrate services, where available.
4.3. For DS1 facilities, Dedicated Transport shall, at a minimum, meet the
performance, availability, jitter, and delay requirements specified for Customer
Interface to Central Office "CI to CO" connections in the applicable technical
references set forth under Dedicated and Shared Transport in the Technical
Reference Schedule.
4.4. For DS3 and, where available, STS-1 facilities and higher rate
facilities, Dedicated Transport shall, at a minimum, meet the performance,
availability, jitter, and delay requirements specified for Customer Interface to
Central Office "CI to CO" connections in the applicable technical references set
forth under Dedicated and Shared Transport in the Technical Reference Schedule.
Sch. 9.2.4 - 2
4.5. When requested by Focal, Dedicated Transport shall provide physical
diversity. Physical diversity means that two circuits are provisioned in such a
way that no single failure of facilities or equipment will cause a failure on
both circuits.
4.6. When physical diversity is requested by Focal, Ameritech shall provide
the maximum feasible physical separation between intra-office and inter-office
transmission paths (unless otherwise agreed by Focal).
4.7. Any request by Focal for diversity shall be subject to additional
charges.
4.8. Upon Focal's request and its payment of any additional charges,
Ameritech shall provide immediate and continuous remote access to performance
monitoring and alarm data affecting, or potentially affecting, Focal's traffic.
4.9. Ameritech shall offer the following interface transmission rates for
Dedicated Transport:
4.9.1. DS1 (Extended SuperFrame - ESF, D4, and unframed applications
(if used by Ameritech));
4.9.2. DS3 (C-bit Parity and M13 and unframed applications (if used
by Ameritech) shall be provided);
4.9.3. SONET standard interface rates in accordance with the
applicable ANSI technical references set forth under Dedicated and Shared
Transport in the Technical Reference Schedule. In particular, where STS-1 is
available, VT1.5 based STS-ls will be the interface at an Focal service node.
4.10. Upon Focal's request, Ameritech shall provide Focal with electronic
provisioning control of an Focal specified Dedicated Transport through Ameritech
Network Reconfiguration Service (ANRS) on the rates, terms and conditions in
F.C.C. Tariff No. 2.
4.11. Ameritech shall permit, at applicable rates, Focal to obtain the
functionality provided by DCS together with and separate from dedicated
transport in the same manner that Ameritech offers such capabilities to IXCs
that purchase transport services. If Focal requests additional functionality,
such request shall be made through the Bona Fide Request process.
Sch. 9.2.4 - 3
SCHEDULE 9.2.5
SIGNALING NETWORKS AND CALL-RELATED DATABASES
1.0 Signaling Transfer Points.
A Signaling Transfer Point (STP) is a signaling network function that
includes all of the capabilities provided by the signaling transfer point
switches (STPSs) and their associated signaling links which enable the exchange
of SS7 messages among and between switching elements, database elements and
signaling transfer point switches.
1.1. Technical Requirements.
1.1.1. STPs shall provide access to all other Network Elements connected
to Ameritech SS7 network. These include:
1.1.1.1. Ameritech Local Switching or Tandem Switching;
1.1.1.2. Ameritech Service Control Points/Databases;
1.1.1.3. Third-party local or tandem switching systems; and
1.1.1.4. Third-party-provided STPSs.
1.1.2. The connectivity provided by STPs shall fully support the functions
of all other Network Elements connected to the Ameritech SS7 network. This
explicitly includes the use of the Ameritech SS7 network to convey messages
which neither originate nor terminate at a Signaling End Point directly
connected to the Ameritech SS7 network (i.e., transient messages). When the
Ameritech SS7 network is used to convey transient messages, there shall be no
alteration of the Integrated Services Digital Network User Part (ISDNUP) or
Transaction Capabilities Application Part (TCAP) user data that constitutes the
content of the message.
1.1.3. If an Ameritech Tandem Switch routes calling traffic, based on
dialed or translated digits, on SS7 trunks between an Focal local switch and
third party local switch, the Ameritech SS7 network shall convey the TCAP
messages that are necessary to provide Call Management features (Automatic
Callback, Automatic Recall, and Screening List Editing) between the Focal local
STPSs and the STPSs that provide connectivity with the third party local switch,
even if the third party local switch is not directly connected to the Ameritech
STPSs, based on the routing instruction provided in each message.
1.1.4. STPs shall provide all functions of the MTP as specified in ANSI
T1.111. This includes:
1.1.4.1. Signaling Data Link functions, as specified in ANSI
T1.111.2:
Sch. 9.2.5 - 1
1.1.4.2. Signaling Link functions, as specified in ANSI T1.111.3; and
1.1.4.3. Signaling Network Management functions, as specified in ANSI
T1.111.4.
1.1.5. STPs shall provide all functions of the SCCP necessary for Class O
(basic connectionless) service, as specified in ANSI T1.112. In particular,
this includes Global Title Translation (XXX) and SCCP Management procedures, as
specified in T1.112.4. In cases where the destination signaling point is an
Ameritech local or tandem switching system or database, or is an Focal or third
party local or tandem switching system directly connected to the Ameritech SS7
network, STPs shall perform final GTT of messages to the destination and SCCP
Subsystem Management of the destination. In all other cases, STPs shall perform
intermediate GTT of messages to a gateway pair of STPSs in an SS7 network
connected with the Ameritech SS7 network, and shall not perform SCCP Subsystem
Management of the destination.
1.1.6. STPs shall also provide the capability to route SCCP messages based
on ISNI, as specified in ANSI T1.118, when this capability becomes available on
Ameritech STPSs.
1.1.7. STPs shall provide all functions of the OMAP commonly provided by
STPSs.
1.1.7.1. MTP Routing Verification Test (MRVT); and
1.1.7.2. SCCP Routing Verification Test (SRVT).
1.1.8. In cases where the destination signaling point is an Ameritech
local or tandem switching system or database, or is an Focal or third party
local or tandem switching system directly connected to the Ameritech SS7
network, STPs shall perform MRVT and SRVT to the destination signaling point.
In all other cases, STPs shall perform MRVT and SRVT to a gateway pair of STPSs
in an SS7 network connected with the Ameritech SS7 network. This retirement
shall be superseded by the specifications for Internetwork MRVT and SRVT if and
when these become approved ANSI standards and available capabilities of
Ameritech STPSs.
1.1.9. STPs shall be equal to or better than the following performance
requirements:
1.1.9.1. MTP Performance, as specified in ANSI T1.111.6; and
1.1.9.2. SCCP Performance, as specified in ANSI T1.112.5.
1.2. Signaling Link Transport.
1.2.1. Definition. Signaling Link Transport is a set of two (2) or four
(4) dedicated 56 Kbps transmission paths between Focal-designated Signaling
Points of Interconnection (SPOI) that provides appropriate physical diversity.
Sch. 9.2.5 - 2
Technical Requirements.
1.2.2. Signaling Link Transport shall consist of full duplex mode 56 Kbps
transmission paths.
1.2.3. Of the various options available, Signaling Link Transport shall
perform in the following two (2) ways:
a) As an "A-link" which is a connection between a switch or SCP and a
Signaling Transfer Point Switch (STPS) pair; and
b) As a "D-link" which is a connection between two (2) STP mated
pairs in different company networks (e.g., between two (2) STPS
pairs for two Competitive Local Exchange Carriers (CLECs)).
1.2.4. Signaling Link Transport shall consist of two (2) or more signaling
link layers as following:
a) An A-link layer shall consist of two (2) links.
b) A D-link layer shall consist of four (4) links.
1.2.5. A signaling link layer shall satisfy a performance objective such
that:
a) There shall be no more than two (2) minutes down time per year for
an A-link layer; and
b) There shall be negligible (less than two (2) seconds) down time
per year for a D-link layer.
1.2.6. A signaling link layer shall satisfy interoffice and intraoffice
diversity of facilities and equipment, such that:
a) No single failure of facilities or equipment causes the failure of
both links in an A-link layer (i.e., the links should be provided
on a minimum of two (2) separate physical paths end-to-end); and
b) No two (2) concurrent failures of facilities or equipment shall
cause the failure of all four (4) links in a D-link layer (i.e.,
the links should be provided on a minimum of three (3) separate
physical paths end-to-end).
1.2.7. Interface Requirements. There shall be a DS1 (1.544 Mbps)
interface at the Focal-designated SPOI. Each 56 Kbps transmission path shall
appear as a DS0 channel within the DS1 interface.
Sch. 9.2.5 - 3
2.1. Toll Free Database Services.
2.1.1. Call Routing Service. The Call Routing Service provides for the
identification of the carrier to whom a call is to be routed when a toll-free
(0x000-XXX-XXXX or 0x000-XXX-XXXX) call is originated by Customer. This
function uses the dialed digits to identify the appropriate carrier and is done
by screening the full ten digits of the dialed number. The Call Routing Service
may be provided in conjunction with a Customer's InterLATA or IntraLATA Switched
Exchange Access Service.
When 800 Call-Routing service is provided, an originating call is suspended
at the first switching office equipped with a Service Switching Point (SSP)
component of the SSC/SS7 Network. The SSP launches a query over signaling links
(A-links) to the Signal Transfer Point (STP), and from there to the SCP. The
SCP returns a message containing the identification of the carrier to whom the
call should be routed and the call is processed.
2.1.2. Routing Options. In addition to the toll-free service offerings,
new routing options are offered. These options are purchased by toll-free
service providers to allow their clients to define complex routing requirements
on their toll-free service. Toll-free routing options allow the service
provider's Customer to route its toll-free calls to alternate carriers and/or
destinations based on time of day, day of week, specific dates or other
criteria. These routing options are in addition to the basic toll-free call
routing requirements which would include the toll-free number, the intraLATA
carrier, the interLATA carrier and the Area of Service (AOS).
2.1.3. Carrier Identification. Focal may choose the 800 Carrier
Identification service to obtain toll-free number screening. With this service,
Focal will launch a query to the Ameritech database using its own Service
Switching Points (SSPs) network. In contrast to the Call Routing Service
described in Section 2.1.1 above, with the 800 Carrier Identification service,
no routing is performed.
Focal's SS7 network is used to transport the query from its End Office to
the Ameritech SCP. Once Focal's identification is provided, Focal may use the
information to route the toll free traffic over its network. In these cases,
Ameritech Switched Access services are not used to deliver a call to Focal. The
toll-free carrier ID data may not be stored for Focal's future use.
2.1.4. Number Administration. Focal, at its option, may elect to use
Ameritech's toll free Service which includes toll-free Number Administration
Service (NAS). With this service, Ameritech will perform the Responsible
Organization service, which involves interacting with the national Service
Management System (SMS/800), on behalf of the Customer. Responsible
Organization services include activating, deactivating and maintaining 800/888
number records as well as trouble referral and clearance. If Focal does not
select NAS, Focal will perform the Responsible Organization service.
Sch. 9.2.5 - 4
2.2. LIDB Database Service.
2.2.1. The Line Information Database (LIDB) Query Response Service is a
validation database system. It enables Focal to offer alternately billed
services to its Customers. The database provides an efficient way to validate
calling cards and toll billing exception (TBE) (i.e., restricts a collect or
third-party billed call). Toll fraud protection and reduced call set up
expenses are among the benefits of the service.
2.2.2. Billing information records include the Customer flame, phone
number security personal identification numbers and third-party acceptance
indications. Prior to call completion, a query is launched to the LIDB to
determine the validity of the requested billing method. The call is then
completed or denied based on the LIDB's response.
2.3. CNDS Database Service.
2.3.1 Caller ID identifies a calling party's telephone number through
a switch-based feature installed in Ameritech's Central Office. CNDS is a
CCIS/SS7 network based feature that accesses a CNDS database within the LIDB to
provide a name associated with the calling party's telephone number. This
service is provided using TR1188 protocol.
2.3.2 A Customer who subscribes to Caller ID with Name will see the
listed name associated with the calling party's telephone line displayed on
his/her Caller ID display unit. The telephone number associated with the
telephone line of the calling party will also be displayed.
2.3.3 Ameritech shall charge Focal for the CNDS Database Service in a
similar manner to that which Ameritech charges Focal for the LIDB Database
Service, including a per query charge.
2.4 Local Number Portability.
2.4.1 Ameritech's provision of LNP will utilize LRN switch software based
on requirements developed by the workshop participants and concurred in by the
Commission. These requirements are fully compliant with the principles adopted
by the FCC in its First Report and Order, CC Docket No. 95-116 (the "Number
Portability Order"). The detailed description and technical specifications for
the planned LRN implementation can be found in various documents produced by the
FCC Local Number Portability workshop.
2.4.2 Ameritech is fully prepared to provide LNP database access to Focal.
However, in adopting its Number Portability Order, the FCC referred certain
technical and other issues to the North American Numbering Council (NANC) and
issued a further notice addressing the recovery of costs associated with LNP
implementation. Until these activities are concluded, Ameritech cannot finalize
product descriptions and rates for access to its LNP database.
Sch. 9.2.5 - 5
Nonetheless, Ameritech is willing to begin discussions with Focal to discuss
Focal's access to Ameritech's LNP databases in lieu of constructing Focal's own.
2.5. Unbundled AIN Application Process.
2.5.1. The AIN architecture establishes a network infrastructure in which
subscriber services can be defined and implemented independent from End-Office
Switches. This is accomplished by a combination of SS7 signaling, interfaces
between Network Elements and call state models through which AIN Network
Elements interact.
2.5.2. Ameritech's Unbundled AIN (Advanced Intelligent Network)
Applications Access service will be provided on a nondiscriminatory basis and
enable Focal (whether it purchases unbundled switching capabilities from
Ameritech or owns its own SSP (Service Switching Point)) to offer its Customers
AIN services. Ameritech will make available existing AIN retail applications,
as well as newly created services that Focal creates via the Ameritech AIN
Service Creation Environment (SCE) Access service. Unbundled AIN Applications
Access provides for the AIN functionality necessary for the day to day ongoing
call processing associated with a specific AIN applications execution. This
includes the SS7 transport and SCP processing of the query associated with the
specific service.
2.5.3. Associated with the AIN SCP is a Service Creation Environment (SCE)
and a Service Management System (SMS). Ameritech offers access to the Ameritech
SMS and SCE capabilities via two (2) AIN offerings: AIN Service Creation
Environment Access Service and AIN Service Management System Access Service.
2.5.4. Carriers will share the common AIN infrastructure components
provided by Ameritech, such as a Service Control Point (SCP), a Signaling
Transfer Point (STP), Service Management System (SMS), and, if Focal purchases
Unbundled Switching from Ameritech, the AIN Service Switching Point (SSP).
Focal shall be responsible for assuring the compatibility of its AIN SSP
software generics with the Ameritech AIN Applications and SCP software releases.
Interconnection of the Focal SSP with the Ameritech SS7 network is required, and
can be accomplished in a number of ways.
2.5.5. Activation of the desired application at the Ameritech SCP requires
subscription by both the ordering carrier Focal and the end-user. In general,
AIN operations require close cooperation between Ameritech and the requesting
Carrier.
2.5.6. The SSP and SCP vendors provide logical capabilities which
Ameritech uses to create each AIN service. The SSP and SCP vendors have no
knowledge of the specific AIN Applications that Ameritech has created.
Ameritech's AIN deployment is based on AIN 0.1.
Sch. 9.2.5 - 6
3.1. AIN Service Creation Environment Access Service.
Access to Ameritech's AIN service creation functionality will be provided in a
nondiscriminatory manner to Focal to enable it to create new AIN services on
Ameritech's network. If Focal has a new AIN service concept, it can utilize all
or some of the features below to obtain a fully functional AIN service.
Ameritech will furnish Focal with a list of AIN Applications and the switches on
which such applications are available, including the software version of AIN on
such switch type. The following is a list of AIN service creation functions
available via this service offering:
3.1.1. Service Concept Description: The description of service idea should
detail requirements such as: dialing patterns, information exchange,
announcements, voice prompts, expected service management screens and reports,
and CPE requirements. The AIN service creation functions made available to Focal
must be the same ones Ameritech uses, subject to any third party restrictions
Ameritech may be subject to.
3.1.2. Creation of Technical Specification: Translation of a new service
description into a technical specification including engineering requirements
for Ameritech's network. The technical specification must detail how the service
interacts in the network, translated in network terms, should include any
expected/anticipated feature interaction discrepancies, and will include the
process flows on how the service traverses the network.
3.1.3. Service Logic Design: The development of service design from SCP
perspective to include Algorithms, Data Structures and Flow Diagrams.
3.1.4. Service Logic Coding: Development of machine logic in the SCE to
include tables, SIBBs, and other elements as necessary.
3.1.5. Service Logic Testing: Service logic testing isolated within the to
SCE to ensure accuracy of compilation and code development and compliance with
Ameritech's AIN environment.
3.1.6. SMS Interface Requirements: Development of Focal SMS interface
access including screens, flow-through interface and reports. This is required
to allow Focal to activate, update, modify, and administer Customer data
associated with the new service.
3.1.7. Platform Access Logic Configuration: Service specific to global
infrastructure required to enable new service. Includes modification of the
access logic to enable a new service.
3.1.8. Service Integration Testing (SIL): Intensive laboratory testing of
service in conjunction with all Ameritech Switch types and or provider switch
types and generics (as necessary) to minimize potential feature interaction
conflicts and negative network reactions. Resources must be made available to
Focal on a nondiscriminatory basis.
Sch 9.2.5 - 7
3.1.9. Network Implementation: Conditioning of the SMS, SCP, SSP, or STP to
accept service including network translations, signaling connectivity, dialing
plans, and coordination of provisioning process.
3.1.10. Field Testing: Comprehensive controlled testing in a live switch
environment, possibly at Focal's SSP location.
3.2. AIN Service Management System Access Service.
3.2.1. Access to Ameritech's AIN service management system functionality
will be provided in a nondiscriminatory manner to Focal to enable it to manage
AIN services located wholly within Ameritech's network (SCP & SSP) or to manage
AIN services where the service logic is located within Ameritech's SCP and the
Customer is sewed from Focal's AIN-compatible SSP. Upon request of Focal,
Ameritech shall provide Focal the unbundled AIN Applications Access service
product description and a list of existing Ameritech AIN applications.
3.2.2. The Service Management System (SMS) is the administration system for
the service logic and data in the Advanced Intelligent Network (AIN) Service
Control Point (SCP). The SMS contains the master copy of service level,
subscriber level and subscription level data. The SMS also contains a copy of
the service logic.
Logical access to the SMS will be managed by a set of programs designed by
Ameritech. These programs provide security for the data that resides on the AIN
platforms by allowing user access to only specific data that is appropriate to
the customer or carrier. Whether explicitly stated in this document or not, all
access to the SMS is managed through these programs. The only exceptions to
managed access to SMS functionality are for the Ameritech Network Services
organizations that administer the AIN platforms. They require direct access in
order to appropriately administer the platforms.
Mediated access to SMS functionality will be provided through interface programs
that will be developed for specific services. Focal will have access to all of
the data that the service requires in order to administer that service for its
Customers. This includes service level, subscriber level, and subscription level
data as well as any reports and measurement data that is mutually agreed upon by
Ameritech and Focal.
3.2.3. Service Logic. The SMS receives a copy of the service logic and
service management logic from the Service Creation Environment (SCE) system.
After population of specific network level and service level data, the SMS
downloads a view of the service logic to the designated SCPs. The service
management logic remains in the SMS to complement SMS utilities in the
monitoring and administration of a specific service.
It is required that all of the Service Creation unit testing, System Integration
Lab (SIL) testing and Network Deployment Testing has been completed.
Sch 9.2.5 - 8
It may be necessary for Focal to negotiate timing and supply service specific
data before that service can be deployed in the appropriate SCPs. Ameritech,
however, is totally responsible for service logic deployment and initial SCP
memory load in its network. Focal will receive timing and supply of service
specific data in a nondiscriminatory manner.
3.2.4. Service Administration. Service administration involves the
management of service level data which the service logic requires for its
execution. SMS supports the management of service specific common data. Any
changes to the data representation of the Ameritech network, which impact one or
more carrier services will be administered by Ameritech. Other Focal specific or
service specific data changes will be identified and administered by Focal.
Sch. 9.2.5 - 9
SCHEDULE 9.2.6
OPERATIONS SUPPORT SYSTEMS FUNCTIONS
1.0 Pre-Ordering, Ordering and Provisioning.
(a) Ameritech will provide an electronic interface for the transfer and
receipt of data necessary to perform each of the pre-ordering,
ordering, and provisioning functions (e.g., order entry, telephone
number selection, and due date selection) associated with Unbundled
Network Elements. Initially, the interface for ordering will be
separate from the interface used for pre-ordering and provisioning. By
the end of the first quarter of 1997, the interface for ordering will
migrate to the pre-ordering and provisioning interface. The interface
will be administered through a gateway that will serve as a single
point of contact for the transmission of such data. The interface will
be consistent with the Alliance for Telecommunications Industry
Solutions (ATIS), Telecommunications Industry Forum (TCIF), Electronic
Data Interchange (EDI) Customer Service Guideline, issue 5, and
provide the functionality described in Section 4.0 of this Schedule
9.2.6 and Ameritech's Service Order Interface Document, version 2.00.
The electronic interface to be provided by Ameritech will provide
system to system communications on a real-time basis (response in
seconds), with built-in error recovery and built in operations,
administration and maintenance functionality, at a ninety-five percent
(95%) network reliability level. However, as an industry standard
interface is developed by the appropriate industry forum, and
generally accepted for implementation by the industry, Ameritech shall
implement such interface.
(b) The Access Services Request (ASR) interface will be used for the
transfer of information concerning the Network Elements and
Combinations which Focal intends to order in a specific Wire Center
("Footprint" or "Trunk Side Information").
2.0 Maintenance and Repair. Ameritech will provide an electronic interface for
the transfer and receipt of data necessary to perform the maintenance and repair
functions (e.g., trouble receipt and trouble status). This interface will be
administered through a gateway that will serve as a single point of contact for
the transmission of such data. The interface will be consistent with the
Alliance for Telecommunications Industry Solutions (ATIS), T1-Telecommunications
(T1)-Operations, Administration, Maintenance and Provisioning (OAM&P), standard
T1.227-95 and T1.228-95 and the Ameritech Electronic Bonding Interface (EBI)
document. However, as
Sch 9.2.6 - 1
an industry standard interface is developed by the appropriate industry forum,
and generally accepted for implementation by the industry, Ameritech shall
implement such interface./1/
3.0 Billing. Ameritech will provide appropriate usage data to Focal to
facilitate Customer billing with attendant acknowledgments and status reports
and exchange information to process claims and adjustments.
4.0 Functionality of Ordering and Provisioning Interface. To the extent the
functionalities set forth below are utilized for the ordering and provisioning
of unbundled Network Elements, electronic interfaces will provide Focal with the
ability to:
a) Obtain, during sales discussions with a Customer, access to the
following Ameritech Customer service record data in a manner which is
transparent to the Customer:
. Billing telephone number/name/address
. Service Location Address
. Working telephone number(s) on the account
. Existing service and features
. Blocking
. CLASS Features
. Telephone Assistance Programs, Telephone Relay Service and similar
services indicator
. Special Exemption Status indicator
. Directory Listing Information
. Information necessary to identify the IntraLATA toll provider and
InterLATA provider, as applicable.
b) Obtain information on all features and services available:
c) Enter the Focal Customer order for all desired features and services;
d) Determine if a service call is needed to install the line or service;
e) Schedule dispatch and installation, if applicable;
f) Provide installation dates to Customer;
--------------------------------------------------------------------------------
/1/ Focal shall implement such interface as soon as technically feasible, but
in no event later then December 31, 1998, provided, however, that if Focal
submits to Ameritech more than fifteen (15) orders for maintenance and
repair associated with Unbundled Network Elements in any calendar month, it
must immediately implement such interface.
Sch. 9.2.6 - 2
g) Order local intraLATA toll service and enter Focal Customer's choice
of primary interexchange carrier on a single, unified order; and
h) Suspend, terminate or restore service to an Focal Customer.
Sch. 9.2.6 - 3
SCHEDULE 9.2.7
OPERATOR SERVICES AND DIRECTORY SERVICES
1.0 Operator Services. Operator Services consist of the following services.
1.1 Manual Call Assistance - manual call processing with operator
involvement for the following:
(a) Calling card - the Customer dials 0+ or 0- and provides operator
with calling card number for billing purposes.
(b) Collect - the Customer dials 0+ or 0- and asks the operator to
xxxx the call to the called number, provided such billing is accepted by
the called number.
(c) Third number billed - the Customer dials 0+ or 0- and asks the
operator to xxxx the call to a different number than the calling or called
number.
(d) Operator assistance - providing local and intraLATA operator
assistance for the purposes of:
(1) assisting Customers requesting help in completing calls or
requesting information on how to place calls;
(2) handling emergency calls;
(3) handling credits and coin telephone local refund requests;
and
(4) handling person-to-person calls.
(e) Operator Transfer Service ("OTS") - calls in which the Customer
dials "0", is connected to an Ameritech operator and then requests call
routing to an IXC subscribing to OTS. The operator will key the IXC's digit
carrier identification code to route the Customer to the requested IXC's
point of termination.
(f) BLV - Service in which operator verifies a busy condition on a
line.
(g) BLVI - service in which operator, after verifying a busy line,
interrupts the call in progress.
1.2 Automated Call Assistance - mechanized call processing without
operator involvement for the following:
Sch. 9.2.7 - 1
(a) Automated calling card service ("ACCS") - the Customer dials 0
and a telephone number, and responds to prompts to complete the billing
information.
(b) Automated Alternate Billing Service ("AABS") -
(1) the Customer dials 0 and a telephone number and responds to
prompts to process the call and complete the billing
information (Customer branding not currently available).
(2) ACCS calculates charges, relates the charge to the Customer,
and monitors coins deposited before connecting the 1 +
intraLATA or InterLATA call.
1.3 Line Information Database ("LIDB") Validation - mechanized queries to
a LIDB for billing validation.
1.4 Database Access - To the extent technically feasible, Ameritech will
provide access to databases used in the provisioning of Operator Services via
Focal's Bona Fide Request.
2.0 Directory Assistance. Directory Assistance ("DA") service shall consist of
the following services.
2.1 Directory Assistance - those calls in which the Customer dial digits
designated by Focal to obtain Directory Assistance for local numbers located
within his/her NPA. Two listings will be provided per call.
2.2 Branding - the ability to put messages on the front end of a DA call
that is directly bunked into Ameritech's DA switch.
2.3 Information Call Completion - provides a Customer who has accessed the
DA service and has received a number from the Audio Response Unit ("ARU") the
option of having an intraLATA call completed by pressing a specific digit on a
touch tone telephone. Information Call Completion is only available to Focal if
it direct trunks its DA calls to Ameritech.
2.4 Upon request, and through a technically feasible arrangement,
Ameritech will provide access to databases used in the provisioning of DA via
Focal's Bona Fide Request at rates that recover Ameritech's costs of developing,
providing and maintaining the service. Such unbundled access to the DA database
shall be for the purpose of having Focal's Telephone Exchange Service DA listing
in the area placed into Ameritech's DA database, or to enable Focal to read DA
listing in the database so that Focal can provide its own DA service.
3.0 Rate Application. Ameritech shall xxxx Focal the applicable rates on a
monthly basis, in accordance with the following methodology:
Sch. 9.2.7 - 2
3.1 Manual Call Assistance - operator call occurrences multiplied by the
per call rate. Total call occurrences shall include all processed calls, whether
or not they are completed.
3.2 Automated Call Assistance (ACCS and AABS) - call occurrences
multiplied by the per call occurrence rate. Total call occurrences shall include
all processed calls, whether or not they are completed.
3.3 LIDB Validation - validation occurrences multiplied by the LIDB
validation per occurrence rate. Total validation occurrences shall include all
validations, whether or not the call is completed. Ameritech will accumulate
operator occurrences, automated occurrences, and LIDB validation occurrences via
its Operator Services Call Analysis System ("OSCAS"). OSCAS utilizes TOPS AMA
recordings to produce monthly summaries of mechanized and manual call
occurrences.
3.4 BLV - operator call occurrences multiplied by the per call rate. Total
call occurrences shall include all processed calls whether or not they are
completed.
3.5 BLVI - operator call occurrences multiplied by the per call rate.
Total call occurrences shall include all processed calls whether or not they are
completed.
3.6 Lost Records. If Ameritech is responsible for lost, destroyed, or
mutilated TOPS AMA recordings, Ameritech will not xxxx Focal for those calls for
which there are no records. Likewise, Ameritech shall not be held responsible by
Focal for lost revenue. However, if within ninety (90) days, actual data should
become available, Ameritech will xxxx Focal for those calls using actual data.
Sch. 9.2.7 - 3
SCHEDULE 9.3.4
COMBINATIONS
1. Unbundled Element Platform with Operator Services and Directory Assistance.
Unbundled Loop
Local Switching
Operator Services and Directory Assistance
Shared Transport
Dedicated Transport
STPs
Signaling Link Transport
Service Control Points (SCPs)/Databases
Tandem Switching
2. Loop Combination
Unbundled Loop
Network Interface Device
3. Switching Combination #1
Shared Transport
Dedicated Transport
STPs
Signaling Link Transport
Service Control Points (SCPs)/Databases
Tandem Switching
4. Unbundled Element Platform Without Operator Services and Directory
Assistance
Unbundled Loop
Local Switching
Shared Transport
Dedicated Transport
STPs
Signaling Link Transport
Service Control Points (SCPs)/Databases
Tandem Switching
The price for each Combination shall include the applicable charges (including
any applicable usage charges) for each unbundled Network Element provided as
part of each Combination.
Sch. 9.3.4 - 1
SCHEDULE 9.3.5
COMBINATIONS AVAILABLE THROUGH BONA FIDE REQUEST
1. Loop/Network Combination
Unbundled Loop
Shared Transport
Dedicated Transport
STPs
Signaling Link Transport
Service Control Points (SCPs)/Databases
Tandem Switching
2. Switching Combination #2
Network Interface Device
Local Switching
Shared Transport
Dedicated Transport
SS7 Message Transfer & Connection Control
Signaling Link Transport
Service Control Points (SCPs)/Databases
Tandem Switching
3. Switching Combination #3
Network Interface Device
Local Switching
Operator Systems
Shared Transport
Dedicated Transport
SS7 Message Transfer & Connection Control
Signaling Link Transport
Service Control Points (SCPs)/Databases
Tandem Switching
4. Switched Data Services
Network Interface Device
Local Switching
Shared Transport
Dedicated Transport
Tandem Switching
Sch. 9.3.5 - 1
SCHEDULE 9.5
PROVISIONING OF NETWORK ELEMENTS
1.0 General Provisioning Requirements.
1.1 Subject to the terms of Section 9.0, Focal may order and/or request
Elements either individually or as Combinations.
1.2 The Combinations set forth on Schedule 9.3.4 and any additional
Combination provided previously hereunder by Ameritech pursuant to the
Bona Fide Request process shall be identified and described by Focal
so that they can be ordered and provisioned as a Combination and shall
not require the enumeration of each Network Element within that
Combination on each provisioning order; Provided that in each case
Focal shall specify on each order the type of service to be provided
as well as the engineering and routing characteristics (e.g.,
redundancy requirements and data transfer rates) Focal requests for
such Combination.
1.3 Focal may order from Ameritech multiple individual Network Elements on
a single order without the need to have Focal send an order for each
such Network Element if such Network Elements are (i) for a single
type of service, (ii) for a single location and (iii) for the same
account.
1.4 Ameritech shall provide provisioning services to Focal Monday through
Friday from 8:00 a.m. to 5:00 p.m. CST. Focal may request Ameritech
to provide Saturday, Sunday, holiday, and/or off-hour provisioning
services. If Focal requests that Ameritech perform provisioning
services at times or on days other than as required in the preceding
sentence, Ameritech shall quote, within three (3) Business Days of the
request, a cost-based rate for such services. If Focal accepts
Ameritech's quote, Ameritech shall perform such provisioning services.
1.5 Ameritech shall provide a Single Point of Contact (each, a SPOC) for
ordering and provisioning contacts and order flow involved in the
purchase and provisioning of Ameritech's unbundled Network Elements or
Combinations. The SPOCs shall provide an electronic interface twenty-
four (24) hours a day, seven (7) days a week for all ordering and
provisioning order flows. Each SPOC shall also provide to Focal a
toll-free nationwide telephone number (operational from 8:00 a.m. to 5
p.m., Monday through Friday) which will be answered by capable staff
trained to answer questions and resolve problems in connection with
the provisioning of Network Elements or Combinations.
1.6 Ameritech shall provide to Focal a single point of contact (the
"Unbundling Ordering Center") for ordering unbundled Network Elements.
A national toll-free number will be provided from 7:00 a.m. to 5:00
p.m. CST, Monday through
Sch. 9.5 - 1
Friday. This Unbundling Ordering Center is responsible for order
acceptance, order issuance, and return of the Firm Order Commitment
(FOC) to Focal as specified in this Schedule 9.5.
In addition, Ameritech shall provide to Focal a single point of
contact (the "Unbundling Service Center") for all provisioning,
maintenance, repair, and cutover coordination. A national toll-free
number will be provided from 6:30 a.m. to 12:00 a.m. CST Monday
through Friday. Out of hours maintenance questions are handled by a
"Fold Down Center."
1.7 Ameritech will recognize Focal as the Customer of Record of all
Network Elements and agreed to Combinations ordered by Focal and will
send all notices, invoices and pertinent Customer information directly
to Focal.
1.8 Ameritech may not initiate any disconnection or rearrangement of any
Focal ordered Element or Combination, except as directed by Focal or
as otherwise provided in this Agreement.
1.9 When requested by Focal, Ameritech will schedule installation
appointments with Ameritech's representative on the line with Focal's
representative until Focal has access to Ameritech's scheduling
system.
1.10 Ameritech will provide Focal with a Firm Order Confirmation (FOC) for
each order, within twenty-four (24) hours of Ameritech's receipt of
that order, or within a different time interval agreed upon by the
Parties. The FOC must contain an enumeration of Focal's ordered
Network Elements or Combination features, options, physical
Interconnection, quantity, and Ameritech commitment date for order
completion ("Committed Due Date"), which commitment date shall be
established on a nondiscriminatory basis with respect to installation
dates for comparable orders at such time.
1.11 Upon work completion, Ameritech will provide Focal electronically
(unless otherwise notified by Focal) with an order completion per
order that states when that order was completed. Ameritech shall
respond with specific order detail as enumerated on the FOC and shall
state any additional charges (e.g., time and materials charges) up to
a previously agreed upon limit associated with that order.
1.12 Ameritech will perform pre-testing of Network Elements and
Combinations in accordance with Ameritech's standards. At Focal's
request, Ameritech will make available to Focal on a weekly batch
basis any available test and turn-up results in support of the Network
Elements or Combinations ordered by Focal. Focal shall be responsible
for any costs incurred by Ameritech to provide copies of any available
results. If Focal requests Ameritech to provide Focal with any test
or
Sch. 9.5 - 2
turn-up results which Ameritech does not then generate, Focal shall
request such results through the Bona Fide Request process.
1.13 As soon as identified, Ameritech shall provide notification
electronically of Focal orders that are incomplete or incorrect and
therefore cannot be processed.
1.14 As soon as identified, Ameritech shall provide notification
electronically of any instances when Ameritech's Committed Due Dates
are in jeopardy of not being met by Ameritech on any element or
feature contained in any order for Network Elements or Combinations.
Ameritech shall indicate its new committed due date as soon as such
date is available.
1.15 Within twenty-four (24) hours of Focal's request, Ameritech will
perform cooperative testing with Focal (including trouble shooting to
isolate any problems) to test Network Elements or Combinations
purchased by Focal in order to identify any performance problems.
1.16 Subject to Section 9.0, Network Elements and Combinations will be
provisioned with a combination of customer-specific and bulk orders as
specified by Focal.
1.17 When Focal orders Network Elements or Combinations that are currently
interconnected and functional and remain interconnected to the same
adjacent Network Elements, such Network Elements and Combinations will
remain interconnected and functional without any disconnection or
disruption of functionality of such Network Elements. There shall be
no charge for such interconnection. Consequently, for Ameritech
retail Customers who simply wish to switch their local service
providers and keep the same type of service provided through the same
equipment, this method of ordering will accomplish this with no
physical changes required in the existing Network Elements. Under
these circumstances, it shall not be necessary for Focal to collocate
equipment in Ameritech Central Offices to connect the unbundled
Network Element. If shared Network Elements are used, Ameritech will
be responsible for all engineering, provisioning and maintenance of
these components to ensure they support the agreed-upon grade of
service.
1.18 Ameritech shall provide to Focal upon request:
(a) a list of all services and features technically available from
each switch that Ameritech may use to provide Local Switching, by
switch CLLI;
(b) a listing by street address detail, of the service coverage area
of each switch CLLI;
Sch. 9.5 - 3
(c) when available, all engineering design and layout information for
each Network Element and Combination; provided that Focal shall
pay Ameritech for the costs incurred by Ameritech to provide
Focal with copies of such information;
(d) a listing of all technically available functionalities for each
Network Element or Combination; and
(e) advanced information on the details and requirement for planning
and implementation of NPA splits.
1.19 Promptly after the Effective Date, Ameritech shall provide Focal an
initial electronic copy of the following information:
(a) Street address verification;
(b) Switch identification by service address; and
(c) Switch feature verification.
Electronic updates to such information shall be provided monthly to
Focal as changes are made to such information.
1.20 For orders of Network Elements (and INP with the installation of a
Loop) that require coordination among Ameritech, Focal and Focal's Customer,
Focal shall be responsible for any necessary coordination with the Focal
Customer.
2.0 Unbundled Local Loop Transmission
2.1 Access to Unbundled Local Loops.
2.1.1 Focal shall access Ameritech's Unbundled Local Loops via
Collocation or in accordance with Section 9.0 of this Agreement at the Ameritech
Wire Center where that element exists and each Loop shall be delivered to
Focal's Collocation by means of a Cross-Connection, which shall be an additional
charge.
2.1.2 Ameritech shall provide Focal access to its unbundled Loops at
each of Ameritech's Wire Centers. In addition, if Focal requests one or more
Loops serviced by Integrated Digital Loop Carrier or Remote Switching technology
deployed as a Loop concentrator, Ameritech shall, where available, move the
requested Loop(s) to a spare, existing physical Loop at no charge to Focal. If,
however, no spare physical Loop is available, Ameritech shall within forty-eight
(48) hours of Focal's request notify Focal of the lack of available facilities.
Focal may then at its discretion make a Bona Fide Request for Ameritech to
provide the unbundled Loop through the demultiplexing of the integrated
digitized Loop(s). Notwithstanding anything to the contrary in this Agreement,
the provisioning intervals set forth in Section 2.2.2 of this Schedule and the
Ameritech Network Element Performance Benchmarks
Sch. 9.5-4
set forth in Schedule 9.9 of this Agreement shall not apply to unbundled Loops
provided under this Section 2.1.2.
2.1.3 If Focal orders a Loop type and the distance requested on such
Loop exceeds the transmission characteristics as referenced in the corresponding
Technical Reference specified below, distance extensions may be requested where
technically feasible to meet the specification using such distance extensions
and additional rates and charges shall apply as set forth at Item V of the
Pricing Schedule.
======================================================
Loop Type Technical Reference/Limitation
------------------------------------------------------
Electronic Key Line 2.5 miles
------------------------------------------------------
ISDN Bellcore TA-NWT-000393
------------------------------------------------------
HDSL 2W T1E1 Technical Report Number 28
------------------------------------------------------
HDSL 4W T1E1 Technical Report Number 28
------------------------------------------------------
ADSL 2W ANSI T1.413-1995 Specification
======================================================
2.2 Provisioning of Unbundled Loops.
The following coordination procedures shall apply for conversions of "live"
Telephone Exchange Services to unbundled Network Elements:
2.2.1 Focal shall request unbundled Loops from Ameritech by
delivering to Ameritech a valid electronic transmittal service order (a
"Service Order") using the electronic interface described on Schedule
9.2.6. Within twenty-four (24) hours of Ameritech's receipt of a Service
Order, Ameritech shall provide Focal the firm order commitment ("FOC") date
according to the applicable Ameritech Network Element Performance
Benchmarks set forth in Section 9.9 of this Agreement by which the Loop(s)
covered by such Service Order will be installed.
2.2.2 Ameritech shall provision unbundled Loops in accordance with
the time frames set forth on Schedule 9.9 or within such other intervals as
agreed upon by the Parties.
2.2.3 Ameritech agrees to coordinate with Focal at least fortnight
(48) hours prior to the due date a scheduled conversion date and time (the
"Scheduled Conversion Time") in the "A.M." (12:00 midnight to 12:00 noon)
or "P.M." (12:00 noon to 12:00 midnight) (as applicable, the "Conversion
Window").
Sch. 9.5-5
2.2.4 Not less than one (1) hour prior to the Scheduled Conversion
Time, either Party may contact the other Party and unilaterally designate a
new Scheduled Conversion Time (the "New Conversion Time"). If the New
Conversion Time is within the Conversion Window, no charges shall be
assessed on or waived by either Party. If, however, the New Conversion Time
is outside of the Conversion Window, the Party requesting such New
Conversion Time shall be subject to the following:
If Ameritech requests the New Conversion Time, the applicable Line
Connection Charge shall be waived; and
If Focal requests the New Conversion Time, Focal shall be assessed a
Line Connection Charge in addition to the Line Connection Charge that
will be incurred for the New Conversion Time.
2.2.5 Ameritech shall test for Focal dial-tone ("Dial Tone Test") at
Ameritech's MDF for Focal's Virtual Collocated equipment or Physical
Collocated equipment during a window not greater than forty-eight (48)
hours but not less than eight (8) hours prior to the Scheduled Conversion
Time (or New Scheduled Time, as applicable). Ameritech shall perform the
Dial Tone Test at no charge until the termination of this Agreement.
2.2.6 Except as otherwise agreed by the Parties for a specific
conversion, the Parties agree that the time interval expected from
disconnection of "live" Telephone Exchange Service to the connection of an
unbundled Network Element at the Focal Collocation interface point will be
sixty (60) minutes or less. If a conversion interval exceeds sixty (60)
minutes and such delay is caused solely by Ameritech (and not by a Delaying
Event), Ameritech shall waive the applicable Line Connection Charge for
such element. If Focal has ordered INP with the installation of a Loop,
Ameritech will coordinate the implementation of INP with the Loop
conversion during the sixty (60) minute interval at no additional charge.
2.2.7 Requests for maintenance or repair of unbundled Loops are
initiated using the industry standard "electronic bonding" interface (EBI)
and are handled by the Ameritech Unbundling Service Center ("USC"). The USC
works with local Ameritech personnel to perform any manual testing that may
be required to isolate the trouble.
3.0 Network Interface Device Capability.
3.1 Ameritech will provide Focal access to NIDs in a manner that will
permit Focal to connect its loop facilities to the Customer's inside wiring
through Ameritech's NID, as required. Focal shall establish this connection
through an adjoining NID provided by Focal.
3.2 Due to the wide variety of NIDs utilized by Ameritech (based on
Customer size and environmental considerations), Focal may access the Customer's
inside wire by any of the following means:
Sch. 9.5-6
(a) Where an adequate length of inside wire is present and
environmental conditions permit, Focal may remove the inside wire from
Ameritech's NID and connect that wire to Focal's NID;
(b) Enter the Customer access chamber or "side" of "dual chamber" NID
enclosures for the purpose of extending a connecterized or spliced
jumper wire from the inside wire through a suitable "punch-out" hole
of such NID enclosures;
(c) Enter Ameritech's loop terminal enclosure located at a multiple
dwelling unit ("MDU") for the purpose of accessing Customer premises
inside wire and extending such wire to Focal's own adjoining NID; or
(d) Request Ameritech to make other rearrangements to the inside wire
terminations or terminal enclosure on a time and materials cost basis
to be charged to the requesting party (i.e., Focal, its agent, the
building owner or the Customer).
3.3 If Focal accesses the Customer's inside wire as described in Section
2.2(d), the time and materials charges will be billed to the requesting party
(i.e., Focal, the building owner or the Customer).
3.4 In no case shall Focal remove or disconnect Ameritech's loop
facilities from Ameritech's NIDs, enclosures, or protectors.
3.5 In no case shall Focal remove or disconnect ground wires from
Ameritech's NIDs, enclosures, or protectors.
3.6 Maintenance and control of premises wiring (inside wire) is the
responsibility of the Customer. Any conflicts between service providers for
access to the Customer's inside wire must be resolved by the Customer.
3.7 Due to the wide variety of NID enclosures and outside plant
environments, Ameritech will work with Focal to develop specific procedures to
establish the most effective means of implementing this Section 3.0.
4.0 Unbundled Local Switching
4.1 Access to Unbundled Local Switching.
4.1.1 Focal shall access Ameritech's Unbundled Local Switching via
Collocation or in accordance with Section 9.0 of this Agreement at the
Ameritech Wire Center where that element exists and each line-side and/or
trunk-side port will be delivered to Focal's Collocation by means of a
Cross-Connection, which shall be an additional charge.
Sch. 9.5-7
4.1.2 Ameritech shall provide Focal access to its Unbundled Local
Switching at each of Ameritech's Wire Centers and will provide Focal all
available basic local switching functions and basic capabilities the switch
is capable of providing which Ameritech currently makes available to its
local Customers, or for which Ameritech OSS functions are capable of
provisioning pursuant to a Bona Fide Request.
4.1.3 Unbundled Local Switching also provides access to additional
features and capabilities that the switch has available for activation.
Focal has the capability of activating these features on a line-by-line
basis via an electronic interface. The additional features available for
activation on the basic Unbundled Local Switching include:
(a) vertical features;
(b) Custom Calling, Custom Local Area Signaling Service features
("CLASS") features; and Centrex features.
(c) Centrex features.
4.1.4 Other basic and for additional capabilities, functions and
features that are not then available for activation on the switch may be
requested as optional special capabilities. Ameritech will provide these
special capabilities if technically feasible and upon Focal's Bona Fide
Request. Focal will pay the applicable recurring and nonrecurring costs of
developing, installing, providing and maintaining the requested capability.
4.1.5 Unless already provided by Ameritech as a service offering, and
if not, upon Focal's Bona Fide Request, Ameritech will provide any
technically feasible customized local routing of traffic through Unbundled
Local Switching by class of call (e.g., operator, directory assistance, 9-
1-1, toll, local, etc.). Ameritech will develop and provide any requested
customized routing the switch is capable of providing, upon agreement by
Focal to pay recurring and nonrecurring costs of developing, installing,
updating, providing and maintaining such custom routing.
4.1.6 Ameritech provides, on an optional basis, the ability to
connect line-side ports and/or trunk-side ports within the same switch with
a group of common attributes. An example, is a request for Unbundled Local
Switching to provide a Centrex service with intercom calling within the
system and with certain common features. The attributes available include
intercom calling, group call pick-up, and Automatic Route Selection.
Intercom calling is defined as the ability of the line-side ports to call
one another by dialing 3-7 digits. Group call pick up is defined as
allowing one line-side port to answer a call directed to another line-side
port in the same call pick-up group. ARS is defined as the ability to
route calls to a specific group of trunk-side ports.
4.1.7 Ameritech will switch traffic through its local switching
element in accordance with Ameritech standard switching translations and
screening in use in that switch. The custom routing optional feature
enables Focal to specify special routing, by
Sch. 9.5-8
class of call, of some or all traffic incoming into its unbundled local
switch using any technically feasible routing capability of that switch.
Variations in the End Office switching equipment used to provide service in
specific locations may cause differences in the operation of certain
features. Special routing capabilities that are not otherwise available
(i.e., features that the switch is capable of providing) will be developed
on an individual basis through the Bona Fide Request process and will be
installed, updated, maintained and provided following Focal's agreement to
pay the applicable costs.
4.2 Provisioning of Unbundled Local Switching.
The following coordination procedures shall apply for conversions of "live"
Telephone Exchange Services to unbundled Network Elements:
4.2.1 Focal shall request Unbundled Local Switching from Ameritech by
delivering to Ameritech a valid electronic transmittal service order (a
"Service Order") using the electronic interface described on Schedule
9.2.6. In addition, pre-ordering functions are supported via electronic
data interchange (EDI) format as utilized for Resale Services. Within
twenty-four (24) hours of Ameritech's receipt of a Service Order, Ameritech
shall provide Focal the firm order commitment ("FOC") date by which the
Unbundled Local Switching ports covered by such Service Order will be
installed.
Where connection of the Unbundled Local Switching port(s) to
customized routing is required by Focal, the specific custom routing
pattern desired must already exist. In those instances where the custom
routing pattern does not already exist, Focal may request the development
and establishment of such customer routing pattern via a Bona Fide Request.
While the custom routing pattern is being developed, Focal may do one of
the following: (a) defer activation of the Unbundled Local Switching port
until the routing pattern is established, (b) offer the Customer resale on
an interim basis, or (c) convert the existing basic office routing pattern.
If Focal elects option (c) and later desires to convert the Unbundled Local
Switching port using Ameritech's office routing pattern to a customized
routing pattern, an additional Line Connection Charge will apply.
4.2.2 Ameritech agrees to coordinate with Focal at least forty-eight
hours prior to the due date a scheduled conversion date and time (the
"Scheduled Conversion Time") in the "A.M." (12:00 midnight to 12:00 noon)
or "P.M." (12:00 noon to 12:00 midnight) (as applicable, the "Conversion
Window").
4.2.3 Not less than one (1) hour prior to the Scheduled Conversion
Time, either Party may contact the other Party and unilaterally designate a
new Scheduled Conversion Time (the "New Conversion Time"). If the New
Conversion Time is within the Conversion Window, no charges shall be
assessed on or waived by either Party. If, however, the New Conversion
Time is outside of the Conversion Window, the Party requesting such New
Conversion Time shall be subject to the following:
Sch. 9.5-9
If Ameritech requests the New Conversion Time, the applicable Line
Connection Charge shall be waived; and
If Focal requests the New Conversion Time, Focal shall be assessed a
Line Connection Charge in addition to the Line Connection Charge that
will be incurred for the New Conversion Time.
4.2.4 Except as otherwise agreed by the Parties for a specific
conversion, the Parties agree that the time interval expected from
disconnection of "live" Telephone Exchange Service to the connection of an
unbundled Network Element at the Focal Collocation interface point will be
sixty (60) minutes or less. If a conversion interval exceeds sixty (60)
minutes and such delay is caused solely by Ameritech (and not by a Delaying
Event), Ameritech shall waive the applicable Line Connection Charge for
such element.
If Focal has ordered INP with the installation of a Loop, Ameritech
will coordinate the implementation of INP with the Loop conversion during
the sixty (60) minute interval at no additional coordination charge (other
than the applicable standard service order and line connection charges).
Ameritech shall provide to Focal equivalent functionality of blocking calls
(e.g., 900, 976 and international calls) as provided to Ameritech's retail
Customers.
4.2.5 When ordering a Local Switching Element, Focal may order from
Ameritech separate interLATA and intraLATA capabilities (i.e., 2 PICs where
available) on a line or trunk basis.
4.2.6 Unless otherwise directed by Focal and to the extent
technically feasible, when Focal orders a Network Element or Combination,
all pre-assigned trunk or telephone numbers currently associated with that
Network Element or Combination shall be retained without loss of feature
capability.
4.3 Tandem Switching.
4.3.1 Tandem Switching creates a temporary transmission path between
interoffice trunks that are interconnected at a switch for the purpose of
routing a call or calls. Unbundled Tandem Switching is ordered using
electronic interfaces. Trunk-side ports are ordered using the Access
Service Request ("ASR") which provides for electronic ordering based on
industry standards adopted through OBF. ASR is the process used as of the
Effective Date to order Exchange Access Services. Both pre ordering and
ordering functions and access to associated Operations Support Systems
functions are supported electronically through these interfaces.
Sch. 9.5-10
4.3.2 Ameritech will service, operate, and maintain the unbundled
Tandem Switching for Focal at parity with the service, operation, and
maintenance Ameritech provides to itself, its subsidiaries, Affiliates and
any other person. Unless requested otherwise, where applicable and
technically feasible, Ameritech will provide unbundled Tandem Switching
using the same specifications, interfaces, parameters, internals,
procedures and practices it uses to provide comparable Tandem Switching for
all other Customers and carriers. Any feature or function existing in the
Tandem Switch will be provided to Focal on a non-discriminatory basis.
Congestion control and overflow routing will be provided on a non-
discriminatory basis.
4.3.3 Tandem Switching performance will be measured to ensure parity
with all other Telecommunications Carriers that are interconnected with
Ameritech. Performance will be measured on switching, call recording, and
network management controls.
4.3.4 Switch downtime will be measured through FCC reportable
incidents report. CPI Index will be measured calls blocked and customer
out of service incidents.
4.3.5 Electronic Billing Accuracy Centers (EBAC) measures billing
errors from the CABS error hold file report. Ameritech employs RAVE/A&T
which enables on-line investigation of AMA volumes and will alert EBAC to
possible AMA recording failures.
4.3.6 Congestion Control and overflow criteria are set by the use of
NTMOS Surveillance system which polls EDAS and NMA data on call volumes and
make busy standards. Ameritech sets automatic thresholds with preplan
routing and overflow selection. The system is also monitored via a manual
surveillance system early recognition of performance problems.
5.0 Interoffice Transmission Facilities.
Ameritech shall:
5.1 Provide Focal exclusive use of Interoffice Transmission Facilities
dedicated to Focal, or use of the features, functions, and capabilities of
Interoffice Transmission Facilities shared by more than one Customer or carrier,
including Focal;
5.2 Provide all technically feasible transmission facilities, features,
functions, and capabilities that Focal could use to provide Telecommunications
Services;
5.3 Permit, to the extent technically feasible, Focal to connect such
interoffice facilities to equipment designated by Focal, including Focal's
Collocated facilities; and
5.4 Permit, to the extent technically feasible, Focal to obtain the
functionality provided by Ameritech's digital cross-connect systems separate
from dedicated transport.
Sch. 9.5 - 11
6.0 Signaling Networks and Call-Related Databases
6.1 Signaling Networks.
6.1.1 If Focal purchases Switching Capability from Ameritech,
Ameritech shall provide access to its signaling network from that switch in
the same manner in which Ameritech obtains access to such switch itself. In
addition, Ameritech shall provide Focal access to Ameritech's signaling
network for each of Focal's switches when Focal uses its own switching
facilities. This connection shall be made in the same manner as Ameritech
connects one of its own switches to an STP. Notwithstanding the foregoing,
Ameritech shall not be required to unbundle those signaling links that
connect Service Control Points to STPs or to permit Focal to link its own
STPs directly to Ameritech's switch or call-related databases.
6.1.2 If Focal has its own switching facilities, Ameritech shall
provide Focal access to STPs to each of Focal's switches, in the same
manner in which Ameritech connects one of its own switches to an STP, or in
any other technically feasible manner (e.g., bringing an "A" link from
Focal's switch to Ameritech's STP, or linking Focal's switch to its own STP
and then connecting that STP to Ameritech's STP via a "B" or "D" link);
provided that Ameritech shall not be required to (i) unbundle the signaling
link connecting SCPs to STPs, (ii) permit direct linkage of Focal's own
STPs to Ameritech's switch or call-related databases or (iii) unbundle an
SCP from its associated STP.
6.1.3 The Parties shall agree upon appropriate mediation facilities
and arrangements for the Interconnection of their signaling networks and
facilities, as necessary to adequately safeguard against intentional and
unintentional misuse of the signaling networks and facilities of each
Party. Such arrangements shall provide at a minimum:
. Certification that Focal's switch is compatible with Ameritech's SS7
network;
. Certification that Focal's switch is compatible with Ameritech's AIN
SCP;
. Certification that Focal's switch is compatible with a desired AIN
application residing on Ameritech's SCP;
. Agreement on procedures for handling maintenance and troubleshooting
related to AIN services;
. Usage of forecasts provided by Focal, so that Ameritech can provide
sufficient SS7 resources for Focal and all other requesting carriers;
. Mechanisms to control signaling traffic at agreed-upon levels, so that
Ameritech's SS7 resources can be fairly shared by all requesting
carriers;
Sch. 9.5 - 12
. Mechanisms to restrict signaling traffic during testing and
certification, as necessary to minimize risks to the service quality
experienced by Customers served by Ameritech's network and those of
other carriers while compatibility and interconnection items are
verified; and
. Mechanisms to ensure protection of the confidentiality of Proprietary
Information of both carriers and Customers.
6.2 Call-Related Databases.
6.2.1 For purposes of switch query and database response through a
signaling network, Ameritech shall provide Focal access to its call-related
databases, including the Line Information Database, Toll Free Calling
database, downstream number portability databases, and Advanced Intelligent
Network databases by means of physical access at the STP linked to the
unbundled database.
6.2.2 If Focal purchases Unbundled Local Switching, Focal may, upon
request, use Ameritech's SCP in the same manner, and via the same signaling
links, as Ameritech. If Focal has deployed its own switch, and has linked
that switch to Ameritech's signaling system, Focal shall be given access to
Ameritech's SCP in a manner that allows Focal to provide any call-related,
database-supported services to Customers served by Focal's switch. If the
Parties are unable to agree in the Grooming Plan to appropriate mediation
mechanisms with respect to access to the AIN SCPs, the Parties shall adopt
the mechanisms adopted by the Commission. Ameritech shall provide Focal
access to call-related databases in a manner that complies with the CPNI
requirements of Section 222 of the Act.
6.2.3 The Parties shall agree upon appropriate mediation facilities
arrangements for the Interconnection of their signaling networks,
databases, and associated facilities, as necessary to adequately safeguard
against intentional and unintentional misuse of the signaling networks and
facilities of each Party. Such arrangements shall provide for at a
minimum:
. Capabilities to protect each Party's information;
. Agreement on procedures for handling maintenance and troubleshooting
related to AIN services;
. Usage of forecasts provided by Focal, so that Ameritech can provide
sufficient SS7 resources for Focal and all other requesting carriers;
. Mechanisms to control signaling traffic at agreed-upon levels, so that
Ameritech's SS7 resources can be fairly shared by all requesting
carriers;
Sch. 9.5 - 13
. Mechanisms to restrict signaling traffic during testing and
certification, as necessary to minimize risks to the service quality
experienced by Customers served by Ameritech's network and those of
other carriers while compatibility and interconnection items are
verified; and
. Mechanisms to ensure protection of the confidentiality of Proprietary
Information of both carriers and customers.
6.3 Service Management Systems.
6.3.1 Ameritech shall provide Focal with the information necessary to
enter correctly, or format for entry, the information relevant for input
into Ameritech's Service Management System ("SMS"). In addition, Ameritech
shall provide Focal equivalent access to design, create, test, and deploy
Advanced Intelligent Network.
6.3.2 Access will provided in an equivalent manner to that which
Ameritech currently uses to provide such access to itself (e.g., submitting
magnetic tapes if Focal inputs magnetic tapes, or through an electronic
interface equivalent to that used by Focal). The Parties shall set forth in
the Grooming Plan the terms and conditions relating to such access. If
Parties are unable to agree to appropriate mediation mechanisms with
respect to access to the AIN SMSs and SCEs, the Parties shall adopt the
mechanisms adopted by the Commission.
6.3.3 Ameritech shall provide access to its SMS in a manner that
complies with the CPNI requirements of Section 222 of the Act.
7.0 Operations Support Systems Functions
7.1 Ameritech shall provide Focal access to Operations Support Systems
functions on or before the dates set forth on the Implementation Schedule.
7.2 Ameritech shall also provide Focal access to the functionality of any
internal gateway systems Ameritech employs in performing the above-listed OSS
functions for its own Customers. A "gateway system" means any electronic
interface Ameritech has created for its own use in accessing support systems for
providing any of the above-listed OSS functions.
8.0 Operator Services and Directory Services.
8.1 Ameritech shall provide Focal access to Ameritech's Operator Service
and Directory Assistance facilities where technically feasible.
8.2 Ameritech shall provide unbundled Operator Services ("OS") and
Directory Assistance ("DA") to Focal in conjunction with Telephone Exchange
Service provided to Focal as a purchaser of Resale Services and as an Unbundled
Local Switching Network Element or
Sch. 9.5 - 14
directly as a separate Network Element. A list identifying the NPA/Exchange
areas of Ameritech Directory Assistance, and dependent Information Call
Completion services will be provided to Focal and will be updated as such DA
services are provided in additional NPA/Exchange Areas.
8.3 Focal will obtain any required custom routing and obtain or provide
the necessary direct bunking and termination facilities to the mutually agreed
upon meet point with Ameritech facilities for access to unbundled OS and DA
services. Focal is responsible for delivering its OS and DA traffic to
Ameritech's operator service switch. Specifically, Focal shall deliver its
traffic direct from the End Office to the operator service switch location, and
there can be no Tandem Switching for OS. The operator service location to which
Focal will deliver its OS or DA traffic will be determined by Ameritech based on
the existing capacity of its service centers. Ameritech will, if technically
feasible, enable Focal to deliver its OS or DA traffic to the operator service
switch most closely located to the Focal's NPA/exchange originating the call.
8.4 Ameritech will provide and maintain the equipment at its OS and DA
centers necessary to perform the services under this Agreement, with the goal of
ensuring that the OS and DA service meets current industry standards.
8.5 Ameritech will provide OS and DA in accordance with its then current
internal operating procedures and/or standards.
8.6 Ameritech will maintain a quality of service that will satisfy the
standards, if any, established by the Commission having jurisdiction over the
provision of such service. Focal has the right, once annually, to visit each
Ameritech owned or subcontracted office upon reasonable notice to Ameritech or
with greater frequency by mutual consent of the Parties. Upon request, Ameritech
will provide monthly system results regarding speed of answer, average work time
and, for DA only, abandon from queue measurements.
8.7 Focal is solely responsible for providing all equipment and facilities
to deliver OS and DA traffic to the point of Interconnection with Ameritech
facilities.
8.8 Focal will provide and maintain the equipment at its offices necessary
to permit Ameritech to perform its services in accordance with the equipment
operations and traffic operations are in effect in Ameritech's DA and OS
offices. Focal will locate, construct, and maintain its facilities to afford
reasonable protection against hazard and interference.
8.9 Upon request and to the extent technically feasible, Ameritech will
unbundle OS and DA from resellers of its Telephone Exchange Service, and for
Focal, so Focal can provide its own OS or DA service or obtain it from a third
party. Also, upon request, Ameritech will provide unbundled OS and/or DA as a
stand alone unbundled Network Element to Focal. In either case, Focal is
required to obtain any required custom routing and to arrange for or provide
other facilities, services and Network Elements necessary to deliver its OS and
DA traffic to Ameritech's designated office, or to the office of another
provider, as applicable.
Sch. 9.5 - 15
8.10 Upon request, and as technically feasible, Ameritech will provide
through an electronic interface, unbundled access to its databases used to
provide DA and OS for purpose of enabling Focal to provide its own OS or DA
service, or as otherwise authorized by the FCC or the Commission. Such unbundled
access to DA and OS databases is provided as is technically feasible based upon
the facilities, equipment and software involved, and upon agreement by Focal to
pay to Ameritech its costs of developing, installing, providing and maintaining
such Network Element.
8.11 Specifically, upon request, Ameritech will provide through an
electronic interface, unbundled access to its DA database to permit Focal to
have its local exchange directory assistance listings in the areas incorporated
into the database, and/or to read the DA listing (with the exception of non-
published listing) in that database for the purpose of providing its own DA
service. Such unbundled access will be provided in a technically feasible manner
based upon the facilities, equipment and software involved, and upon agreement
by Focal to pay to Ameritech its costs of developing, installing, providing and
maintaining such network element.
8.12 Access of resellers and Focal to DA and OS of Ameritech, and the DA
and OS Network Elements provided hereunder, whether provided on a bundled or
unbundled basis, will, as applicable and as feasible, be provided through the
standard interfaces, parameters, intervals, service descriptions, protocols,
procedures, practices and methods that Ameritech uses for other customers of its
DA and OS services. Upon request, Ameritech will, as technically feasible,
provide a different quality of service, upon agreement by Focal to pay to
Ameritech its costs of developing, installing, maintaining and repairing access
to and provision of the Network Element at such quality of service.
8.13 Focal will furnish to Ameritech all information necessary for
provision of OS and DA. This information, to the extent it is identified as
such, shall be treated as Proprietary Information. For OS this information
includes emergency agency phone numbers, rate information (such as mileage bands
and operator surcharge information), and originating screening information.
Focal will furnish to Ameritech all information necessary for the provision of
OS and DA.
8.13.1 To the extent that Focal does not mirror Ameritech's operator
surcharge rates, then Ameritech will, if technically feasible, enter
Focal's surcharge rates into Ameritech's rate tables, and will charge Focal
for changing those tables at the rates then charged by Ameritech for such
service.
8.13.2 For DA services, Focal will furnish Ameritech ninety (90)
days (or such earlier time as the Parties may agree upon) before DA service
is initiated details necessary to provide that service. This information
includes listing information for the areas to be sewed by Ameritech and
network information necessary to provide for the direct bunking of the DA
calls.
Sch. 9.5 - 16
8.13.3 Focal will keep these records current and will inform
Ameritech, in writing, at least thirty (30) days prior to any changes in
the format to be made in such records. Focal will inform Ameritech of other
changes in the records on a mutually agreed-upon schedule.
8.14 Upon request, and as technically feasible, Ameritech will re-brand
such OS and DA services based upon Focal's obtaining or providing any required
facilities, services, Network Elements and custom routing, and their agreement
to pay rates that compensate Ameritech for any costs it incurs in developing,
installing, providing and maintaining such rebranded service. For branding of
calls, Focal must provide two (2) cassette tapes of an announcement, no longer
than three (3) seconds, for installation on each OS and DA switch seeing Focal's
Customers.
8.15 Branding: Re-branding is available as follows:
(a) Mechanized front-end branding is available for all manual
and automated OS calls.
(b) Mechanized back-end branding is available for automated
calling card calls handled via ACCS.
(c) On mechanized collect and billed-to-third calls, back-end
branding is not currently available.
(1) Such calls can be manually handled and branded.
(2) If Customer desires mechanized branding, the feature can be
installed if Focal pays for feature purchase and
installation.
Normally, OS and DA services, both bundled and unbundled, will be branded
with Ameritech's name as the provider of the service. Upon request from Focal,
and as technically feasible, Ameritech will re-brand OS and DA traffic from
Focal's telephone exchange lines, or to Focal's unbundled OS or DA network
element. Re-branded service requires that Focal arrange to have the subject OS
or DA traffic delivered to Ameritech's Central Office on separate trunks, which
may require that it obtain custom routing, and obtain or provide such trunks and
other applicable facilities.
Re-branding is provided at rates that recover Ameritech's costs of
developing, installing, providing and maintaining such service.
8.16 Focal grants to Ameritech during the term of this Agreement a non-
exclusive license to use the DA listings provided pursuant to this Agreement. DA
listings provided to Ameritech by Focal under this Agreement will be maintained
by Ameritech only for providing DA information, and will not be disclosed to
third parties. This section does not prohibit Ameritech and Focal from entering
into a separate agreement which would allow Ameritech to
Sch. 9.5 - 17
provide or sell Focal's DA listing information to third parties, but such
provision or sale would only occur under the terms and conditions of the
separate agreement.
8.17 Ameritech will supply Focal with call detail information so that
Focal can rate and xxxx the call. This information excludes rating and invoicing
of Customers, unless negotiated on an individual case basis.
Sch. 9.5 - 18
SCHEDULE 9.5.3
FORM OF REPRESENTATION OF AUTHORIZATION
Focal hereby represents to Ameritech, for purposes of obtaining a
Customer's Customer Proprietary Network Information ("CPNI") or for placing an
order to change or establish a Customer's service, that it is a duly
certificated LEC and that it is authorized to obtain CPNI and to place orders
for Telephone Exchange Service (including Resale Service) upon the terms and
conditions contained herein.
1. With respect to requests for CPNI regarding prospective Customers of Focal,
Focal acknowledges that it must obtain written or electronic authorization
in the form of a signed letter, tape-recorded conversation, password
verification, or other means, in each case to the extent allowed by
Applicable Law ("Documentation of Authorization"), which explicitly
authorizes Focal to have access to the prospective Customer's CPNI. The
Documentation of Authorization must be made by the prospective Customer or
the prospective Customer's authorized representative. In order to obtain
the CPNI of the prospective Customer, Focal must submit to Ameritech the
Documentation of Authorization. If Focal cannot provide applicable
Documentation of Authorization, then Ameritech shall not provide CPNI to
Focal.
2. If Focal has already obtained Documentation of Authorization for the
Customer to place an order for Telephone Exchange Service for the Customer,
Focal need not submit Documentation of Authorization to obtain the
Customer's CPNI.
3. With respect to placing a service order for Telephone Exchange Service for
a Customer, Focal acknowledges that it must obtain Documentation of
Authorization which explicitly authorizes Focal to provide Telephone
Exchange Service to such Customer. The Documentation of Authorization must
be made by the prospective Customer or Customer's authorized
representative. Focal need not submit the Documentation of Authorization to
process a service order. However, Focal hereby represents that it will not
submit a service order to Ameritech unless it has obtained appropriate
Documentation of Authorization from the prospective Customer and has such
Documentation of Authorization in its possession.
4. The Documentation of Authorization must clearly and accurately identify
Focal and the prospective Customer.
5. Focal shall retain all Documentation of Authorization in its files for as
long as Focal provides Telephone Exchange Service to the Customer, or for
as long as Focal makes requests for information on behalf of the Customer.
Sch. 9.5.3 - 1
6. Focal shall make Documentation of Authorization available for inspection by
Ameritech during normal business hours. In addition, Focal shall provide
Documentation of Authorization for Customers or prospective Customers to
Ameritech upon request.
7. Focal is responsible for, and shall hold Ameritech harmless from, any and
all Losses (as defined in that certain Interconnection Agreement under
Sections 251 and 252 of the Telecommunications Act of 1996 dated as of
March 16, 1998 by and between Ameritech Information Industry Services, a
division of Ameritech Services, Inc. on behalf of and as agent for
Ameritech Illinois and Focal Communications Corporation of Illinois (the
"Interconnection Agreement")) resulting from Ameritech's reliance upon
Focal's representations as to its authority to act on behalf of a Customer
or prospective Customer in obtaining CPNI or placing a service order for
Telephone Exchange Service.
8. If Focal fails to repeatedly and materially abide by the procedures set
forth herein, Ameritech reserves the right to insist upon the submission of
Documentation of Authorization for each Customer in connection with a
request for a service order.
9. This Representation of Authorization shall commence on the date noted below
and shall continue in effect until the termination or expiration of the
Interconnection Agreement.
Dated this 16th day of March, 1998.
Focal Communications Corporation of Illinois
By: /s/ Xxxx X. Xxxxxxxx
---------------------
Title: Executive Vice President - Chief Operating Officer
Printed Name: Xxxx X. Xxxxxxxx
Sch. 9.5.3 - 2
SCHEDULE 9.8
LOOP MAINTENANCE PROCEDURES
The Parties shall agree upon the processes to be used for maintenance of
Unbundled Loops. These processes will address the implementation of the
requirements of this Schedule 9.8.
1. Ameritech shall provide repair, maintenance, and testing, for all
Unbundled Loops in accordance with the terms and conditions of this Schedule
9.8.
2. Ameritech technicians shall provide repair service that is at least
equal in quality to that provided to Ameritech Customers; trouble calls from
Focal Customers shall receive response time priority that is at parity to that
of Ameritech Customers and shall be based on trouble severity, regardless of
whether the Customer is an Focal Customer or an Ameritech Customer.
3. Ameritech shall provide Focal with the same scheduled and non-
scheduled maintenance, including required and recommended maintenance intervals
and procedures, for all unbundled Loops provided to Focal under this Schedule
that it currently provides for the maintenance of its own network. Ameritech
shall provide Focal notice of any scheduled maintenance activity which may
impact Focal's Customers on the same basis it provides such notice to its
subsidiaries, Affiliates, other resellers and its retail Customers. Scheduled
maintenance shall include such activities as switch software retrofits, power
tests, major equipment replacements, and cable rolls.
4. Ameritech shall provide notice of non-scheduled maintenance activity
that may impact Focal Customers. Ameritech shall provide maintenance as promptly
as possible to maintain or restore service and shall advise Focal promptly of
any such actions it takes.
5. If service is provided to Focal Customers before an electronic
interface ("EI") is established between Focal and Ameritech, Focal will transmit
repair calls to Ameritech repair bureau by telephone.
6. Ameritech repair bureau, including the EI to be established by the
Parties, shall be on-line and operational twenty-four (24) hours per day, seven
(7) days per week except when preventative maintenance and software revisions
require an out-of-service condition. Ameritech will provide Focal a twenty-four
(24) hour advanced notification of such out-of-service conditions.
7. Ameritech shall provide progress reports and status-of-repair efforts
to Focal upon request, and at a frequency interval to be determined by Focal.
Ameritech shall inform Focal of restoration of service after an outage has
occurred.
Sch. 9.8 - 1
8. Maintenance charges for premises visits by Ameritech technicians shall
be billed by Focal to its Customer, and not by Ameritech. The Ameritech
technician shall, however, present the Customer with unbranded form detailing
the time spent, the materials used, and an indication that the trouble has
either been resolved or that additional work will be necessary, in which case
the Ameritech technician shall make an additional appointment with the Customer.
The Ameritech technician shall obtain the Customer's signature when available
upon said form, and then use the signed form to input maintenance charges into
Ameritech's repair and maintenance database.
9. Dispatching of Ameritech technicians to Focal Customer premises shall
be accomplished by Ameritech pursuant to a request received from Focal. The EI
established between the Parties shall have the capability of allowing Focal to
receive trouble reports, analyze and sectionalize the trouble, determine whether
it is necessary to dispatch a service technician to the Customer's premises, and
verify any actual work completed on the Customer's premises.
10. Upon receiving a referred trouble from Focal, the Ameritech technician
will offer a dispatch appointment and quoted repair time dependent upon
Ameritech's force-to-load condition. Ameritech's maintenance administrators will
override this standard procedure on a non-discriminatory basis, using the same
criteria as Ameritech uses to expedite intervals for itself and its
subsidiaries, Affiliates and retail Customers. If Ameritech will be unable to
meet an Focal expedited request, Ameritech will notify Focal and Focal will have
the option to implement any escalation process agreed upon by the Parties.
Sch. 9.8 - 2
SCHEDULE 9.9
NETWORK ELEMENT PERFORMANCE BENCHMARKS
A. Non-DS1 Loops-Standard Intervals
Volume* Interval
------ --------
1-24 5 Business Days
25-48 6 Business Days
49-96 7 Business Days
97+ Negotiated
* Number of Loops Per Order Per Day
B. DS1 Unbundled Local Transport
1. Facilities Available 7 Business Days
Facilities or Force Negotiated Interval
Not Available
C. DS3-Unbundled Local Transport Negotiated Interval
D. OC-N-Unbundled Local Transport Negotiated Interval
Sch. 9.9 - 1
SCHEDULE 9.9.6
CREDIT ALLOWANCES
INDIANA
Interruption of Service - If a service being provided pursuant to Articles IV
and V and Section 9.9 is interrupted otherwise than by negligence or willful act
of the Party receiving such service or such Party's Customer, charges for the
affected service will be abated on a pro rata basis for the period such
interruption continues after twenty-four (24) hours' notice thereof to the Party
providing such service.
Sch. 9.9.6 - 1
PRICING SCHEDULE - INDIANA
I. Reciprocal Compensation
Rate = $0.009 per minute
II. Information Services Billing and Collections
Fee = $0.03 per message
III. BLV/BLVI Traffic
Rate = $0.90 per Busy Line Verification
$1.10 per Busy Line Interrupt
(in addition to $0.90 for Busy Line Verification)
IV. Transiting
Rate = $0.002 per minute
V. Unbundled Network Elements/1/
A. Unbundled Loop Rates
1. Recurring Rates
--------------------------------------------------------------------------------
/1/ The rates, charges and prices set forth below for unbundled Network
Elements are "interim rates" and shall be replaced by the rates, charges
and prices established by the Commission in XXXX Xxxxx Xx. 00000 or any
other Commission or FCC proceeding to establish permanent rates, charges or
prices for unbundled Network Elements (the Permanent Rate Dockets) within
Indiana. If the Permanent Rate Docket does not establish a rate, charge or
price for any element or service set forth below the rate, charge or vice
for such service or element shall be as mutually agreed upon by the
Parties. If the Parties are unable to agree, such disagreement shall be
resolved in accordance with Section 28.11.
Indiana Pricing Schedule - 1
Monthly Rates
Exchange Rate Classification/2/
1 2 3
Analog
- 2-Wire Interface Loop Basic $ 12.19 $ 12.19 $ 12.19
- PBX Ground Start $ 17.55 $ 16.51 $ 16.78
- Electronic Key Line (EKL)
Interface Loop $ 28.18 $ 24.74 $ 23.89
- 4-Wire Interface Loop $ 37.65 $ 34.21 $ 34.13
Digital
- 4-Wire 65 Kbps Interface Loop $ 95.65 $ 93.62 $ 91.59
- 2-Wire 160 Kpbs ISDN-BRI Interface Loop $ 20.03 $ 18.41 $ 18.41
- 4-Wire 1.544 Mbps Interface Loop $164.47 $166.34 $174.98
- 2-Wire ADSL/HDSL Compatible Interface Loop $ 15.66 $ 15.04 $ 13.51
- 4-Wire HDSL Compatible Interface Loop $ 37.65 $ 34.21 $ 34.13
Cross Connect Charge (additional,
per cross connect):
2-wire interface $ .21
4-wire interface $ .41
6-wire interface $ .62
8-wire interface $ .83
DS1 interface $ 8.01
DS3 interface $ 1.17
Service Coordination fee per carrier,
per central office $ .91
2. Non-Recurring Rates
Service Order--Establish:
(Business or Residence) $ 46.42/1/
--------------------------------------------------------------------------------
/2/ Exchange Rate Classifications, by Exchange, are shown in XXXX Xx. 00 at
Part 4, Section 2.
/1/ The Service Order Charge is a per occasion charge applicable to any number
of Loops ordered for the same location and same Customer account.
Indiana Pricing Schedule - 2
Line Connection:
(Business or Residence) $ 20.00/2/
Record Change $ 13.00
Provision Change $ 13.50
B. NID/3/ No Charge
C. Switching
1. Unbundled Local Switching Non-Recurring Monthly
------------- -------
a. Custom Routing $217.00
- per new LCC, per switch
b. ULS Ports
- Line Port, without vertical $ 60.11 $ 1.61
features
- Basic Line Port, per port $ 60.11 $ 9.63
- Ground Start Line Port,
per port $ 60.11 $ 10.31
- ISDN-Direct Port
per port $ 60.11 $ 35.80
per telephone number - $ .01
- DID Trunk Port,
per port $ 60.11 $ 21.03
per telephone number $ .01
add/rearrange each termination $ 27.25
- ISDN Prime Trunk Port,
per port $666.67 $203.94
per telephone number - $ .01
add/rearrange channels $ 27.25 -
--------------------------------------------------------------------------------
/2/ The Line Connection Charge applies to each Loop.
/3/ Access to Network Interface Device for Accessing Customer Premises Wiring
(Inside Wire).
Indiana Pricing Schedule - 3
- Digital Trunking Trunk Port,
per port $666.67 $187.02
- Custom Routing Port,
per port $666.67
per individual trunk
termination - $ 95.32
- Centrex Basic Line Port,
per port $ 60.11 $ 16.35
- Centrex ISDN Line Port,
per port $ 60.11 $ 66.05
- Centrex EKL Line Port,
per port $ 60.11 $ 48.95
- Centrex Attendant Console
Line Port, per port $120.21 $154.94
c. Centrex System Charges
- System Features, per
common block - $542.62
- Common Block establishment,
each $429.15 -
- System features change or
rearrangement, per feature
per occasion $ 62.98 -
- System feature activation,
per feature, per occasion $250.57 -
2. Service Charges
Service Ordering Charges
- Initial
-------
Line port, per occasion $ 16.96 -
Trunk port, per occasion $367.66 -
- Subsequent
----------
per occasion $ 16.96 -
Indiana Pricing Schedule - 4
Record Order per occasion $ 14.93 -
Conversion Charge
- change from one type of line-port
to another, per each changed $ 55.34 -
Ameritech Cross-Connection Service
per carrier transport facility,
- 2-Wire (Line port), each $ .21
- DS1 (trunk port),
(each individual trunk) $ 8.01
3. Service Coordination Fee
- per xxxxxxx xxxx, per switch - $ .91
4. Subsequent Training
- per Company person, per hour $ 74.86 -
5. ULS Usage
- Billing Development, per carrier,
per switch $33,009.89 -
Per Minute
----------
- Usage, per minute of use or fraction thereof $ .0004
- Daily usage feed per message $ .000896
Unbundled Tandem Switching
Non-Recurring Monthly
------------- -------
Tandem Switch Trunk Port $688.41 $177.64
DS-1 Cross-Connect $ 8.01
Service Order Charge $371.94
Subsequent Changes $ 27.31
Per Minute
----------
Usage (Without Tandem Trunk Ports) $ 0.0007
Indiana Pricing Schedule - 5
Monthly Nonrecurring Charge
------- -------------------
D. Dedicated Transport
1. DSI Rates Rates, charges and prices proxied
from F.C.C. Tariff No. 2, Section
7.5.9
2. DS3 Rates Rates, charges and prices proxied
from F.C.C. Tariff No. 2, Section
7.5.9
3. OC-3 Rates Rates, charges and prices proxied
from F.C.C. Tariff No. 2, Section
7.5.10
4. OC-12 Rates Rates, charges and prices proxied
from F.C.C. Tariff No. 2, Section
7.5.10
5. OC-48 Rates Rates, charges and prices proxied
from F.C.C. Tariff No. 2, Section
7.5.10
E. Shared Transport
DS1 TBD
DS3 TBD
F. Common Transport $.000324/min.
G. Transiting
The Transit Service Charge shall consist of the sum of the Tandem Switching
Usage rate, as set forth on Item V of this Pricing Schedule, the applicable FCC
Interstate Access Tariff rate for Interoffice Transmission as set forth on Item
V of this Pricing Schedule, and a billing charge of $.002 per minute.
H. Signaling Networks and Call-Related Databases
1. Signaling Networks
Signaling Link See IURC No. 20, Part 21 Ameritech
F.C.C. Xx. 0, Xxxxxxx Xx. 0
Indiana Pricing Schedule - 6
Port Termination $468.94 (monthly)
Signaling Switching ISUP $.000240 per message
Signal Transport ISUP $.000141 per message
Signal Formulation ISUP $.000202 per message
Signal Tandem Switching ISUP $.000517 per message
Signal Switching TCAP $.000194 per message
Signal Transport TCAP $.000095 per message
Signal Formulation TCAP $.000444 per message
Non-Recurring Costs NRCs
----
Port Termination $614.50
Originating Point Code per service
added or changed $ 22.77
Global Title Address Transfer
per service added or changed $ 12.24
2. Call-Related Databases
Database Query Using Ameritech Provided Facilities
--------------------------------------------------
-800DB Call-Routing Query $0.004035
-800DB Routing Options Query $0.001231
Local STP Database Query Using Carrier Provided Facilities between the
Carrier's Switch and Ameritech's STP and Ameritech Provided Facilities
between Ameritech's local and regional STP
-800DB Carrier-ID-Only Query $0.001785
-800DB Routing Options Query $0.000292
Regional STP Database Query Using Carrier Provided Facilities
-------------------------------------------------------------
-800DB Carrier-ID-Only Query $0.001641
-800DB Routing Options Query $0.000149
3. LIDB Queries
------------
Query at Local STP Using Carrier Provided Facilities
----------------------------------------------------
-LIDB Validation Query $0.017732
-LIDB Transport Query $0.000173
-Out-of-Region Query $0.056899
Indiana Pricing Schedule - 7
Query at regional STP Using Carrier Provided Facilities
-------------------------------------------------------
-LIDB Validation Query $0.017732
-LIDB Transport Query $0.000020
Ameritech Provided Services Using LIDB Queries
----------------------------------------------
-LIDB Validation Query $0.017732
-LIDB Transport Query $0.000515
-LIDB to LIDB Query $0.057240
4. Service Management Systems
Access to Databases - to the extent technically feasible, based on
TELRIC costs, via the Bona Fide Request process.
I. Operator Services and Directory Assistance
1. Operator Services
Manual Assistance Occurrences - rates will apply based on the total
monthly volume and a LIDB charge will apply separately to all
occurrences requiring billing validation.
$.48 per occurrence
Automated Call Assistance Occurrences - rates will apply based on the
total monthly volume, and a LIDB charge will apply separately to all
automated occurrences.
$.04 per occurrence (non-branded)
$.05 per occurrence (branded)
2. Directory Assistance
Branding is a one time charge assessed, on a per trunk group per
recording basis, for the mechanized front-end branding of Directory
Assistance calls.
Information Call Completion rates apply on a completed call basis. In
addition to the charge for Information Call Completion, normal
Directory Assistance charges, and applicable usage charges apply, if
the call is completed on the Company's network. If a call is not
completed, only the appropriate charge for Directory Assistance
Service will apply.
Indiana Pricing Schedule - 8
Rates do not include custom routing, unbundled network elements, end
office or tandem switching (where requested).
Non-Recurring Charge Price Per Call
-------------------- --------------
Information Call Completion, per completed call $.023
Branding per trunk group/1/ per recording $872.72
Term Payment Plan
36 1 12 24
Description Months Month Months Months
------------------ ----- ------ ------
Directory Assistance, $.265 $.30 $.275 $.270
Term Payment Plan, rate
per call
The minimum period for the Term Payment Plan is one month, unless otherwise
specified. The month-to-month price is subject to Company initiated changes.
3. Directory Assistance Facilities
Access to Databases - To the extent technically feasible, based on
TELRIC costs, via the Bona Fide Request process.
J. Combinations.
The price for each Combination (as set forth on Schedule 9.3.4) shall
include the applicable charges (including any applicable usage charges) for
each for each unbundled Network Element provided as a part of such
Combination.
K. Rates for Maintenance.
1. Trip Charge - $51.00 per trouble dispatch
--------------------------------------------------------------------------------
/1/ When branding service is provided on a combined toll and assist
Operator Service and Directory Assistance tank group basis, as
technically feasible, a single branding charge will apply. The
telecommunications carrier is also responsible for the rates
applicable to custom routing, transport and any other services or
network elements it orders to deliver its traffic to the Company's
switch on separate direct trunks.
Indiana Pricing Schedule - 9
2. Time Charge - $21.00 per quarter hour with a quarter hour minimum and
quarter hour increments.
VI. Interim Telecommunications Number Portability
Section VI, Interim Telecommunications Number Portability, of the Pricing
Schedule is hereby amended in its entirety to be read as follows:
Each Party shall comply with the methodology (including record keeping)
established by the FCC or the Commission with respect to such Party's
recovery in a competitively neutral manner of its costs to provide Interim
Number Portability. To the extent permitted by the FCC or the Commission,
such costs shall include a Party's costs to deliver calls between the other
Party's Customers via Number Portability.
Indiana Pricing Schedule - 10
EXHIBIT A
NETWORK ELEMENT BONA FIDE REQUEST
1. Ameritech shall promptly consider and analyze the submission of a Bona
Fide Request that Ameritech provide: (a) Interconnection, access to an unbundled
Network Element (including Combinations thereof) not otherwise provided
hereunder at the time of such request; (b) an Interconnection or connection to a
Network Element that is different in quality to that which Ameritech provides
itself at the time of such request; or (c) a customized service for features,
capabilities, functionalities or unbundled Network Element not otherwise
provided hereunder at the time of such request.
2. A Bona Fide Request shall be submitted in writing and shall include a
technical description of each requested Interconnection, Network Element,
Combination and/or customized feature, capability or functionality.
3. Focal may cancel a Bona Fide Request at any time, but shall pay
Ameritech's reasonable and demonstrable costs of processing and/or implementing
the Bona Fide Request up to the date of cancellation, except if such costs or
cost categories representing such charges are not included in the prices Focal
pays for the services provided by Ameritech under this Agreement.
4. Within five (5) Business Days of its receipt, Ameritech shall
acknowledge receipt of the Bona Fide Request.
5. Within thirty (30) days of its receipt of a Bona Fide Request,
Ameritech shall provide to Focal a preliminary analysis of such Interconnection,
Network Element, or requested level of quality thereof that is the subject of
the Bona Fide Request or customized feature, capability or functionality. The
preliminary analysis shall confirm that Ameritech will either offer access to
the Interconnection, Network Element, or requested level of quality or will
provide a detailed explanation that access to such Interconnection, Network
Element, or requested level of quality is not technically feasible and/or that
the request does not qualify as an Interconnection, Network Element, or
requested level of quality that is required to be provided under the Act. If the
receiving Party determines that the Interconnection, Network Element, or
requested level of quality that is the subject of the Bona Fide Request is
technically feasible and is otherwise required to be provided under the Act,
Ameritech shall provide Focal a firm price proposed and availability date for
such development ("Bona Fide Request Quote"). For Bona Fide Requests that
involve either: (i) combinations of standard offerings or (ii) individual
customer arrangements that do not require alterations not otherwise performed
for individual customer arrangements, for Ameritech retail customers, Ameritech
shall provide a Bona Fide Request Quote within such thirty (30)-day period. For
all other Bona Fide Requests, Ameritech shall provide a Bona Fide Request Quote
as soon as feasible, but in any event not more than sixty (60) days from the
date Ameritech received such Bona Fide Request.
Exh. A - 1
6. Within thirty (30) days of its receipt of the Bona Fide Request Quote,
the requesting Party must either confirm its order for such Interconnection or
Network Element pursuant to the Bona Fide Request Quote or, if it believes such
quote is inconsistent with the requirements of the Act, exercise its rights
under Section 28.11.
7. Unless Focal agrees otherwise, all prices shall be consistent with the
pricing principles of the Act, FCC and/or the Commission.
8. If a Party to a Bona Fide Request believes that the other Party is not
requesting, negotiating, or processing the Bona Fide Request in good faith, or
disputes a determination, or price or cost quote, such Party may exercise its
rights under Section 28.11.1
Exh. A - 2
