EXHIBIT 10.17
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
Dated as of May 26, 1999
by and between
XXXX ATLANTIC - PENNSYLVANIA, INC.
and
HARVARD NET, INC.
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE TELECOMMUNICATIONS
ACT OF 1996
This Interconnection Agreement (this "Agreement"), under Sections 251 and
252 of the Telecommunications Act of 1996 (the "Act"), is effective as of the
26th day of May, 1999 (the "Effective Date"), by and between Xxxx Atlantic -
Pennsylvania, ("BA"), a Pennsylvania corporation with offices at 0000 Xxxx
Xxxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000, and Harvard Net, Inc. ("HarvardNet"),
a Delaware, corporation with offices at 000 Xxxxxxxxxx Xxxxxx, Xxxxxxxxxxx,
Xxxxxxxxxxxxx, 00000 (each a "Party" and, collectively, the "Parties").
WHEREAS, HarvardNet has requested, pursuant to Section 252(i) of the Act,
that BA make available to HarvardNet Interconnection service and unbundled
Network Elements upon the same terms and conditions as provided in the
Interconnection Agreement (and amendments thereto) between Dieca Communications,
Inc. and BA, dated as of October 7, 1998 for Pennsylvania, approved by the
Commission under Section 252 of the Act copies of which agreement and amendments
are attached hereto as Appendix 1 (the "Separate Agreement"); and
WHEREAS, BA has agreed, subject to the terms and conditions set forth
below, to make available to HarvardNet hereby Interconnection service and
unbundled Network Elements upon the terms and conditions of the Separate
Agreement.
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, HarvardNet and BA hereby agree as follows:
1.0 Incorporation of Appendices by Reference
1.1 Except as expressly stated herein, the terms and conditions of the
Separate Agreement (as set forth in Appendix 1 hereto), as it is in effect on
the date hereof after giving effect to operation of law, and of the other
Appendices hereto, are incorporated by reference in their entirety herein and
form an integral part of this Agreement.
1.2 References in Appendix 1 hereto to Dieca Communications, Inc or to
Covad shall for purposes of this Agreement be deemed to refer to HarvardNet.
1.3 References in Appendix 1 hereto to the "Effective Date", the date of
effectiveness thereof and like provisions shall for purposes of this Agreement
be deemed to refer to the date first written above. Unless terminated earlier in
accordance with the terms of the Separate Agreement, this Agreement shall
continue in effect until March 15, 2001, unless extended pursuant to Section
22.1 of the Separate Agreement. If the parties to the Separate Agreement
terminate that agreement prior to the above date, such termination shall have no
impact on the term or effectiveness of this Agreement.
1.4 All references in Appendix 1 hereto to "800/888" shall be deleted in
their entirety
and replaced with the following: "800/888/877" and other such toll free numbers.
1.5 All usage data to be provided pursuant to Sections 6.3.10 of Appendix
1 hereto shall be sent to the following address on behalf of HarvardNet:
Harvard Net, Inc.
Attn: Xxxxx Xxxxxx
Vice President of Operations
000 Xxxxxxxxxx Xxxxxx
Xxxxxxxxxxx, XX 00000
1.6 All certificates or other proof of insurance to be sent to BA under
Section 21.3 of Appendix 1 hereto shall be sent to the following address:
Director - Interconnection Services
Xxxx Atlantic - Telecom Industry Services
Room 1423
1095 Avenue of the Americas
Xxx Xxxx, Xxx Xxxx 00000
1.7 All notices, affidavits, exemption-certificates or other
communications to HarvardNet under Section 29.6.7 of Appendix 1 hereto shall be
sent to the following address:
Harvard Net, Inc.
Attn: Xxxxxxx Xxxxxxxxxx
General Counsel
000 Xxxxxxxxxx Xxxxxx
Xxxxxxxxxxx, XX 00000
Telephone: (000) 000-0000 (Ext. 607)
Facsimile: (000) 000-0000
1.8 All notices, affidavits, exemption-certificates or other
communications to BA under Section 29.6.7 of Appendix 1 hereto shall be sent to
the following address:
Tax Administration
Xxxx Atlantic Corporation
1095 Avenue of the Americas
Xxxx 0000
Xxx Xxxx, Xxx Xxxx 00000
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
1.9 Notices to HarvardNet under Section 29.10 of Appendix 1 hereto shall
be sent to the following address:
Harvard Net, Inc.
Attn: Xxxxxxx Xxxxxxxxxx
General Counsel
000 Xxxxxxxxxx Xxxxxx
Xxxxxxxxxxx, XX 00000
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
1.10 Notices to BA under Section 29.10 of Appendix 1 hereto shall be sent
to the following address:
President - Telecom Industry Services
Xxxx Atlantic Corporation
1095 Avenue of the Xxxxxxxx
00xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Facsimile: (000) 000-0000
with a copy to:
Xxxx Atlantic Network Services, Inc.
Attn: Xxxx X. Xxxxx
Associate General Counsel
0000 X. Xxxxx Xxxxx Xxxx, 0xx Xxxxx
Xxxxxxxxx, Xxxxxxxx 00000
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
with a copy to:
Xxxx Atlantic - Pennsylvania, Inc.
Attn: General Counsel
37th Floor
0000 Xxxx Xxxxxx
Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000
1.11 Schedules 3.0 and 4.0 set forth at Appendix 2 hereto shall replace
and supersede in their entirety Schedules 3.0 and 4.0 of Appendix 1 hereto.
1.12 The rates, charges and other terms set forth in Appendix 3 hereto
shall replace and supersede in their entirety the rates, charges and other terms
set forth in Exhibit A to the Separate Agreement
2.0 Clarifications
2.1 The entry into, filing and performance by the Parties of this
Agreement does not in any way constitute a waiver by either Party of any of the
rights and remedies it may have to seek review of any of the provisions of the
Separate Agreement, or to petition the Commission, other administrative body or
court for reconsideration or reversal of any determination made by any of them,
or to seek review in any way of any portion of this Agreement in connection with
HarvardNet's election under Section 252(i) of the Act
2.2 Notwithstanding any other provisions of this Agreement, where the
state so mandates, BA shall have no obligation to perform under this Agreement
until such time as HarvardNet has obtained a Certificate of Public Convenience
and Necessity ("CPCN") or such other Commission authorization as may be required
by law as a condition for conducting business in the Commonwealth of
Pennsylvania as a local exchange carrier, provided that, this restriction does
not apply to BA's obligation to provide Collocation or any other tariffed
service to HarvardNet irrespective of HarvardNet's CPCN status.
2.3 The Parties shall meet within thirty (30) days of the Effective Date,
or at such other time to which the Parties mutually agree, to exchange
information and to discuss in good faith the implementation issues addressed in
Section 10.1 (Joint Network Implementation and Grooming Process).
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of this 26th day of May, 1999.
HARVARD NET, INC. XXXX ATLANTIC - PENNSYLVANIA, INC.
By: /s/ Xxxx Xxxxxxxx By: /s/ Xxxxxxx X. Xxxxxxx
---------------------------------- -----------------------------------
Printed: Xxxx Xxxxxxxx Printed: Xxxxxxx X. Xxxxxxx
----------------------------- --------------------------------
Title: President and Chief Executive Title: Vice-President - Interconnection
------------------------------- ----------------------------------
Officer Services Policy & Planning
------------------------------- ----------------------------------
APPENDIX 3
EXHIBIT A
XXXX ATLANTIC - PENNSYLVANIA, INC.
DETAILED SCHEDULE OF ITEMIZED CHARGES
A. BA SERVICES, FACILITIES, AND ARRANGEMENTS:(1)
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
I. Local Call Termination(2)
Traffic Delivered at BA End Office $.001864/MOU Not Applicable
Traffic Delivered at BA Tandem
$.002902/MOU Not Applicable
----------
(1) Unless a citation is provided to a generally applicable BA tariff, all
listed rates and services are available only to HarvardNet when purchasing these
services for use in the provision of Telephone Exchange Service, and apply only
to Local Traffic and local Ancillary Traffic. BA rates and services for use by
HarvardNet in the carriage of Toll Traffic shall be subject to BA's tariffs for
Exchange Access Service. Adherence to these limitations is subject to a
reasonable periodic audit by BA.
As applied to wholesale discount rates, unbundled Network Elements or call
transport and/or termination of Local Traffic purchased for the provision of
Telephone Exchange Service or Exchange Access, the rates and charges set forth
in Exhibit A shall apply until such time as they are replaced by new rates as
may be approved or allowed into effect by the Commission from time to time
pursuant to the FCC Regulations, subject to a stay or other order issued by any
court of competent jurisdiction. At such time(s) as such new rates have been
approved or allowed into effect by the Commission, the Parties shall amend
Exhibit A to reflect the new approved rates.
(2) See note 6 regarding measurement and calculation of local traffic
termination charges.
1
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
II. Unbundled Transport
A. Dedicated Transport
Voice Grade/DS-0 $10.37/Month & Voice Xxxxx/XX-0, XX-0,
$.03/Mile/Month DS-3 & DDS:
$1.05/Service Order,
DS-1 $37.66/Month & $353.70/Initial Facility &
$.66/Mile/Month $24.00/Additional Facility
(if purchased when initial
DS-3 $526.72/Month & facility ordered)
$18.66/Mile/Month
DDS $10.74/Month &
$.04/Mile /Month
B. Common Transport
Tandem Switching $.000836/MOU Not Applicable
Transport Fixed $.000152/MOU Not Applicable
Transport Per Mile $.000004/MOU Not Applicable
2
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
II. Unbundled Transport (Continued)
C. Entrance Facilities
All:
$1.05/Service Order plus
installation charges for
each initial and
additional facility
purchased at the time of
order:
2Wire Voice Grade Channel Termination $16.78/Month $497.06/Initial &
$289.47/Additional
4Wire Voice Grade Channel Termination $33.76/Month $498.73/Initial &
$290.02/Additional
DS-1 to Voice Grade Multiplexing $77.83/Month $548.06/Initial &
$548.06/Additional
DS-1 Channel Termination $180.59/Month $668.37/Initial &
$331.87/Additional
DS-3 to DS-1 Multiplexing $257.61/Month $548.06/Initial &
$548.06/Additional
DS-3 Channel Termination $1059.65/Month $668.37/Initial &
$331.87/Additional
D. Digital Cross-Connect System
Service Establishment Not Applicable $1890.82
Database Modification Not Applicable $148.68/Modification
Request
Reconfiguration by BA personnel Not Applicable $31.98 Programming
Charge/Half Hour
DS-0 Cross-Connect $20.54/Port/Month $26.17/Port
DS-1 Cross-Connect $71.92/Port/Month $32.71/Port
3
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
II. Unbundled Transport (Continued)
E. Mid-span meet arrangements To be charged in accordance with
the requirements of Section 4.3 of
the Agreement
F. Tandem Transit arrangements for
Local Traffic between HarvardNet
and carriers other than Xxxx
Atlantic that subtend a Xxxx
Atlantic Tandem Switch. (Not
applicable to Toll Traffic when
Meet Point Billing Arrangement
applies; Separate trunks required
for IXC subtending trunks)
Tandem Switching $.000836/MOU Per Section II. above and
V., as applicable
Switched Transport $.000152/MOU
$.000004/MOU/Mile
III. Unbundled Switching(3)
A. Local Switching Ports
POTS/PBX/Centrex $2.67/Port/Month $1.05/Service Order Per
Port: $2.97/Installation
$1.32/Disconnect
ISDN (BRI) $10.28/Port/Month $1.05/Service Order Per
Port: $2.97/Installation
$1.32/Disconnect
ISDN (PRI) $135.13/Port/Month $1.05/Service Order Per
Port: $113.36/Installation
$1.32/Disconnect
Public/Semi-Public $3.52/Port/Month $1.05/Service Order
Per Port:
$2.97/Installation
$1.32/Disconnect
----------
(3) In addition to the recurring and non-recurring rates set forth herein for
unbundled switching elements, BA may levy upon purchaser of such elements any
access charges (or portion thereof) permitted by Applicable Laws.
4
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
DID $5.98/Port/Month $1.05/ Service Order
Per Port:
$692.07/Installation
$1.32/Disconnect
B. Tandem Switching Usage $.0008360/MOU Not Applicable
C. Local Switching Usage
Originating With Vertical Features $.011067/MOU Not Applicable
Terminating With Vertical Features $.006143/MOU Not Applicable
5
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
6
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
IV. Unbundled Loops
POTS (Analog 2-Wire) Density Cell: Service Order: $1.05
1 - $11.52/Month Installation:
2 - $12.71/Month If premises visit not
3 - $16.12/Month required - $2.97 initial
4 - $23.11/Month and each additional loop;
Not Applicable if existing
loop & port together
If premises visit required
- $66.85, initial loop;
$22.59, additional loop
Disconnect:
$1.32 per loop
ISDN Density Cell: Service Order: $1.05
1 - $13.16/Month Installation:
2 - $14.35/Month If premises visit not
3 - $17.75/Month required - $12.91 initial
4 - $24.74/Month and each additional loop;
Not Applicable if existing
loop & port together
If premises visit required
- $76.78, initial loop;
$32.52, additional loop
Disconnect:
$1.32 per loop
7
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
8
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
IV. Unbundled Loops (Continued)
Customer Specified Signaling - 2 Wire Density Cell: Service Order: $1.05
1 - $11.52/Month Installation:
2 - $12.71/Month If premises visit not
3 - $16.12/Month required - $2.97 initial
4 - $23.11/Month and each additional loop;
Not Applicable if existing
loop & port together
If premises visit required
- $66.85, initial loop;
$22.59, additional loop
Disconnect:
$1.32 per loop
Coordinated Cutover:
If premises visit not
required - $3.24 per order
If premises visit required
- $12.10 per order
Designed Circuit:
$40.93 per order
9
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
10
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
IV. Unbundled Loops (Continued)
Customer Specified Signaling - 4 Wire Density Cell: Service Order: $1.05
1 - $22.40/Month Installation:
2 - $26.36/Month If premises visit not
3 - $33.03/Month required - $2.97 initial
4 - $45.47/Month and each additional loop;
Not Applicable if existing
loop & port together
If premises visit required
- $66.85, initial loop;
$22.59, additional loop
Disconnect:
$1.32 per loop
Coordinated Cutover:
If premises visit not
required - $3.24 per order
If premises visit required
- $12.10 per order
Designed Circuit:
$40.93 per order
11
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
12
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
IV. Unbundled Loops (Continued)
DS1 Density Cell: Service Order: $1.05
1 - $132.51/Month Installation:
2 - $139.37/Month If premises visit not
3 - $168.59/Month required - $2.97 initial
4 - $252.46/Month and each additional loop;
Not Applicable if existing
loop & port together
If premises visit required
- $66.85, initial loop;
$22.59, additional loop
Disconnect:
$1.32 per loop
Coordinated Cutover:
If premises visit not
required - $3.24 per order
If premises visit required
- $12.10 per order
Designed Circuit:
$40.93 per order
2 Wire ADSL Loops XXX XXX
2 Wire & 4 Wire HDSL Loops XXX XXX
Distance Extensions for various ULL XXX XXX
types for distances exceeding
transmission characteristics in
applicable technical references.
V. Collocation Cross-Connection
A. Voice Grade Loop
Physical DS0 CO side to equipment $.41/Month Not Applicable
Virtual DS0 with RFT CO side MDF to $1.20/Month Not Applicable
equipment
13
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
Virtual DS1 with EDSX (1DS1 + 24 $60.21/Month Both:
DS0's with IDLC) $1.05/Service Order
$544.36/Initial
Virtual DS1 with CFA (24DS0s with $44.08/Month Installation &
IDLA) $210.46/Additional
Installations
14
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
V. Collocation Cross-Connection (Continued)
B. Other
Physical DS3 $84.27/Month
All:
Physical DS1 $15.72/Month $1.05/Service Order
$481.36/Initial
Virtual DS3 $88.81/Month Installation &
$194.71/Additional
Virtual DS1 $16.12/Month Installations
VI. Time and Materials
Special Construction As applicable per BA-PA PUC 1 sec. 9
Service Technician (service work on Not Applicable $1.05/Service Order
unbundled loops outside of the Central $26.24/Premises Visit
Office) $12.10 Labor Charge/
Quarter Hour After
First Quarter Hour
Central Office Technician Not Applicable $1.05/Service Order
$10.42 Labor Charge/
Quarter Hour or
Fraction Thereof
VII. Signaling and Databases
A. STP Port
Termination $640.02/Month $94.15/Port
Access $.46/Mile/Month $1.05/Service Order
$274.06/Initial
Facility &
$24.00/Additional
Facility
$1.32/ Disconnect/
Link
B. 800/888/877 Database
Basic Query $.000835/Query Not Applicable
Vertical Query $.000343/Query Not Applicable
15
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
VII. Signaling and Databases (Continued)
C. LIDB Validation
LIDB Point Codes Not Applicable $85.84/Point Code
Calling Card $.015542/Query Not Applicable
Billed Number Screening $.015542/Query Not Applicable
Storage of HarvardNet's Data in LIDB Not Applicable $1,469.92 Service
Database Establishment
D. AIN Service Creation (ASC) Service
1. Developmental Charges
Service Establishment Not Applicable $884.08
Service Creation Access Port $123.86/Port/Month Not Applicable
Service Creation Usage
a. Remote Access $1,328.47/Day Not Applicable
b. On-Premise $1,328.47/Day Not Applicable
Certification & Testing $76.99/Hour Not Applicable
Help Desk Support $81.48/Hour Not Applicable
2. Service Charges
Subscription Charge $5.44/Month Not Applicable
Database Queries
a. Network Query $.0007/Query Not Applicable
b. HarvardNet Network Query $.0007/Query Not Applicable
c. HarvardNet Switch Query $.0007/Query Not Applicable
Trigger Charge
a. Line Based $.0010/Query Not Applicable
b. Office Based $.0010/Query Not Applicable
Utilization Element $.0003/Query Not Applicable
Service Activation Charge
a. Network Service Activation Not Applicable $8.37/Service
Activated/Line
b. HarvardNet Network Service Not Applicable $8.37/Service
Activation Activated/Line
16
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
c. HarvardNet Switch Service Not Applicable $8.37/Service
Activation Activated/Line
D. AIN Service Creation (ASC) Service (Continued)
Service Modification
DTMF Update $.1080/Occurrence Not Applicable
Switch Based Announcement $.005/Announcement Not Applicable
VIII. Directory Listings & Books
Primary Listing (on initial UNE service Not Applicable Not Applicable
order). For each residence telephone
number, two (2) listings in the White
Page directory are provided. For each
business telephone number listed (except
numbers of Centrex or Centrex-like
services or indialing service station
lines) one (1) listing is provided in
the White Page Directory and one (1)
listing in the Yellow Page directory of
the type provided to BA-PA end user
business customers for which no specific
charge applies.
Other Tariffed Listing Services (For Retail rates less wholesale discount. For
listings ordered in excess of the primary retail rates see BA-PA tariff No. 1 sec. 5.B.
listings provided or other listing
types, or listings ordered at a time
other than initial UNE service order, or
listings ordered not associated with a
UNE service order.)
Books & delivery (annual home area No charge for normal numbers of books
directories only) delivered to end users; bulk deliveries to
HarvardNet per separate arrangement
17
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
IX. Operator Services/Directory Assistance
Direct Access $.0342/Query $32,135.28/Link &
$15,206.81 Service
Establishment
Directory Assistance $.3664/Call Not Applicable
Directory Transport
Tandem Switching $.000730/Call Not Applicable
Tandem Switched Transport $.000132/Call & Not Applicable
$.000000/Mile/Call
Operator Services - Live $.01280/Operator Not Applicable
Work Second
Operator Services - Automated $.00158/Automated Not Applicable
Work Second
Branding for Directory Assistance and/or Not Applicable $1,358.62/Message
Operator Services
Carrier-to-Carrier LSV/VCI Requests $.01280/Operator Not Applicable
Work Second
18
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
X. Access to Operation Support Systems
A. Pre-Ordering $.22/Query Not Applicable
B. Ordering $3.34/Transaction Not Applicable
C. Provisioning Included in Ordering Not Applicable
D. Maintenance & Repair
1. ECG Access $.22/Query Not Applicable
2. EB/OSI Access $1.16/Trouble Ticket Not Applicable
E. Billing
1. CD-ROM $246.59/CD-ROM Not Applicable
2. Daily Usage File
a. Existing Message Recording $.000258/Message Not Applicable
b. Delivery of DUF
Data Tape $17.18/Tape $61.39/Programming
Hour
Network Data Mover $.000094/Message Not Applicable
CMDS $.000094/Message $61.39/Programming
Hour
c. DUF Transport
9.6 kb Communications Port $10.24/Month $7,437.36/Port
56 kb Communications Port $28.29/Month $30,778.91/Port
256 kb Communications Port $28.29/Month $51,236.88/Port
T1 Communications Port $359.31/Month $182,827.99/Port
Line Installation Not Applicable $61.39/Programming
Hour/Port
Port Set-up Not Applicable $9.85/Port
Network Control Programming Not Applicable $61.39/Programming
Coding Hour/Port
XI. Exchange Access Service
Interstate Per BA-FCC tariff number 1
Intrastate Per BA-PA tariff number 302
19
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
XII. Number Portability
Interim (using RCF) $1.50/Month/Ported $5.00/Service Order
Number $4.00/Installation/No.
at same location
Access pass-through to number In accordance with Section 14.5 of Agreement
portability purchaser
XIII. 911/E911
Transport Per section II above.
Data Entry and Maintenance No Charge
XIV. Poles Conduits & ROW Per contract rates pursuant to 47 U.S.C.
sec. 224
Illustrative:
Duct: $5.45/Foot/Year
Pole: $3.98/Attachment/Year
XV. Network Interface Device (NID) $.68/Month Not Applicable
XVI. Access to Telephone Numbers (NXX codes No Charge
issued per ICCF Code Administration
Guidelines)
XVII. Local Dialing Parity No Charge
XVIII. Customized Routing
To Reseller Platform $.142360/Line/Month $3.84/Line
To BA Platform for Re-Branding $.08330/Call $3.84/Line
Customized Routing Transport Per section II above.
20
APPENDIX 3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
XIX. Wholesale Discount for Resale of Retail Telecommunications Services(4)
Resale of retail services if HarvardNet 20.69%
provides own operator services platform
Resale of retail services if HarvardNet 18.43%
uses Xxxx Atlantic operator services
platform
Pennsylvania Gross Receipts Tax Discount Discount as per BA-PA PUC 1 sec. 1.8.1
tariff.
----------
(4) Excludes telecommunications services designed primarily for wholesale, such
as switched and special exchange access service, and, subject to Section 12 of
the Agreement, the following additional arrangements that are not subject to
resale: limited duration (90 days or less) promotional offerings, public coin
telephone service, and technical and market trials. Taxes shall be collected and
remitted by the reseller and BA in accordance with legal requirements and as
agreed between the Parties. Surcharges (e.g., 911, telecommunications relay
service, universal service fund) shall be collected by the reseller and either
remitted to the recipient agency or NECA, or passed through to BA for remittance
to the recipient agency or NECA, as appropriate and agreed between the Parties.
End user common line charges shall be collected by the reseller and remitted to
BA.
Pending establishment of mechanized billing procedures adapted to resale,
BA will apply the wholesale discount for resale as a "bottom-of-the-xxxx"
discount rate and will utilize a "true-up" process to correct possible
inadvertent application of the wholesale discount to the exclusions identified
herein and to reflect other adjustments as the Companies agree.
21
APPENDIX 3
B. HarvardNet SERVICES, FACILITIES, AND ARRANGEMENTS:
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
I. Local Call Termination(5)
Traffic Delivered at End Office $.001864/MOU Not Applicable
Traffic Delivered at Tandem
$.002902/MOU Not Applicable
II. Number Portability
Interim $1.50/Month/Ported $5.00/Service Order
Number $4.00/Installation/No.
at same location
Permanent Per permanent funding mechanism when
established.
Access pass-through to number portability In accordance with Section 14.5 of Agreement
purchaser
III. Exchange Access Service
Interstate Per HarvardNet FCC exchange access tariff.
Intrastate Per HarvardNet PA tariff exchange access
tariff.
IV. Local Dialing Parity No Charge
V. All Other HarvardNet Services Available Available at HarvardNet's tariffed or
to BA for Purposes of Effectuating Local otherwise generally available rates,
Exchange Competition not to exceed BA rates for equivalent
services available to HarvardNet.
VI. Other Services $.03/Call No Charge
Information Service Billing Fee
--------
(5) See note 6 regarding measurement and calculation of local traffic
termination charges.
22
APPENDIX 3
6 LOCAL TRAFFIC TERMINATION RATES
A. Charges by BA
(a) Traffic delivered to BA Access Tandem: $.002902 per mou.
(b) Traffic delivered directly to terminating BA End Office: $.001864
per mou.
B. Charges by HarvardNet
1. Single-tiered interconnection structure:
HarvardNet's rates for the termination of BA's Local Traffic under the
single-tiered interconnection structure shall be recalculated once each
year on each anniversary of the Effective Date (the "Rate Determination
Date"). The methodology for recalculating the rates is as follows:
Access Tandem Minutes = Total minutes of use of Local Traffic
delivered by HarvardNet to BA Access Tandem for most recent billed
quarter.
End Office Minutes = Total minutes of use Local Traffic delivered by
HarvardNet directly to the terminating BA End Office for most recent
billed quarter.
Total Minutes = Total minutes of use of Local Traffic delivered by
HarvardNet to BA for most recent billed quarter.
HarvardNet Charge at the HarvardNet-IP =
(Access Tandem Minutes x $.002902) + (End Office Minutes x $.001864)
------------------------------------------------------------------
Total Minutes
For the first year after the Effective Date, the HarvardNet charge shall
be calculated based on the traffic data of the quarter immediately
preceding such Effective Date, or if no such traffic exists, on the
proportion of local call termination trunks to BA End Offices and to BA
Access Tandems.
2. Multiple-tiered interconnection structure (if offered by HarvardNet to any
carrier)
(a) Local Traffic delivered to HarvardNet Access Tandem: $.002902
(b) Local Traffic delivered to terminating HarvardNet End Office/node:
$.001864
C. Miscellaneous Notes
1. The HarvardNet termination rate under the single-tiered interconnection
structure set forth above is intended to be a Local Traffic termination rate for
Interconnection to the HarvardNet-IP within each LATA that is reciprocal and
equal to the actual rates that will be charged by BA to HarvardNet under the
two-tiered Local Traffic termination rate structure described above that will
apply after the first anniversary of the Effective Date. The single HarvardNet
termination rate is also intended to provide financial incentives to HarvardNet
to deliver traffic directly to BA's terminating End Offices once HarvardNet's
traffic volumes reach an appropriate threshold.
23
SCHEDULE 3.0
INITIAL NETWORK IMPLEMENTATION SCHEDULE FOR PENNSYLVANIA
In accordance with the provisions of Section 3 of the Agreement, the
Parties shall make their best efforts to meet the following initial Milestones
no later than the listed Dates.
================================================================================
LATA in Milestone Date
PENNSYLVANIA
================================================================================
LATA ___ LATA Start Date TBD
--------------------------------------------------------------------------------
SS7 Certification, Collocation, TBD
Operator Services/DA Facilities, and
NXX(s) Applied For
--------------------------------------------------------------------------------
Parties Agree on Trunking Arrangements TBD
for Traffic Exchange
--------------------------------------------------------------------------------
Valid Access Service Request(s) TBD
("ASRs") for Traffic Exchange Trunk
Groups and Routing Information Received
by BA
--------------------------------------------------------------------------------
Valid Orders for 911 Facilities TBD
Received by BA
--------------------------------------------------------------------------------
All Trunks (Traffic Exchange, Operator TBD
Services/DA, 911) Tested and Turned Up
--------------------------------------------------------------------------------
SS7 Certification Achieved;(1) TBD
Collocation Arrangements Complete for
Trunk Interconnection and Access to
Network Elements
--------------------------------------------------------------------------------
Arrangements for Alternate-Billed Calls TBD
Agreed Upon
--------------------------------------------------------------------------------
Call-through Testing Completed; TBD
"Interconnection Activation Date"
================================================================================
Failure of a Party or the Parties to meet an earlier Milestone Date shall
not relieve either Party of the responsibility to make its best efforts to meet
subsequent Milestone Date(s) in the LATA, unless, and only to the extent that,
the subsequent Milestone Date(s) depend on the timely completion of such earlier
Milestone Date.
For purposes of Section 3, (i) business Telephone Exchange Service shall
be considered "fully operational" in a LATA in Pennsylvania when Covad has an
effective Tariff for business Telephone Exchange Service in Pennsylvania and a
significant number of Telephone Exchange Service Customer lines in service for
business Telephone Exchange Service Customers in that LATA in Pennsylvania that
are not affiliates or employees of either BA or Covad, and (ii) residential
Telephone Exchange Service shall be considered "fully operational" in a LATA in
Pennsylvania when Covad has an effective
----------
(1) SS7 certification scheduling depends on actual schedule availability at
time of request. Initial implementation will be multi-frequency until SS7
certification is achieved.
1
Tariff for residential Telephone Exchange Service in Pennsylvania and has a
significant number of Telephone Exchange Service Customer lines in service for
residential Telephone Exchange Service Customers in that LATA in Pennsylvania
that are not affiliates or employees of either BA or Covad.
2
SCHEDULE 4.0
PENNSYLVANIA
COVAD IPs BA IPs
--------- ------
XXX XXX
SCHEDULE 6.3
RATE ELEMENTS UNDER MEET POINT BILLING
Interstate Access - Terminating to or originating from COVAD Customers
Rate Element Billing Company
------------ ---------------
Carrier Common Line COVAD
Local Switching COVAD
Interconnection Charge COVAD
Local Transport Facility/
Tandem Switched Transport Per Mile Based on negotiated billing
percentage (BIP)
Tandem Switching BA
Local Transport Termination/
Tandem Switched Transport Fixed BA
Entrance Facility BA
800 Database Query Party that performs query
Intrastate Access - Terminating to or originating from COVAD Customers
Rate Element Billing Company
------------ ---------------
Carrier Common Line COVAD
Local Switching COVAD
Interconnection Charge COVAD
Local Transport Facility/
Tandem Switched Transport Per Mile Based on negotiated billing
percentage (BIP)
Tandem Switching BA
Local Transport Termination/
Tandem Switched Transport Fixed BA
Entrance Facility BA
800 Database Query Party that performs query
SCHEDULE 12.3
SUPPORT SERVICES FOR RESALE
1. BA OSS SERVICES
1.1 Definitions
As used in the Schedule 12.3, the following terms shall have the meanings
stated below:
1.1.1 "BA Operations Support Systems" means BA systems for pre-ordering,
ordering, provisioning, maintenance and repair, and billing.
1.1.2 "BA OSS Services" means access to BA Operations Support Systems
functions. The term "BA OSS Services" includes, but is not limited to: (a)
BA's provision of Covad Usage Information to Covad pursuant to Section 1.3
below; and, (b) "BA OSS Information", as defined in Section 1.1.4 below.
1.1.3 "BA OSS Facilities" means any gateways, interfaces, databases,
facilities, equipment, software, or systems, used by BA to provide BA OSS
Services to Covad.
1.1.4 "BA OSS Information" means any information accessed by, or disclosed
or provided to, Covad through or as a part of BA OSS Services. The term
"BA OSS Information" includes, but is not limited to: (a) any Customer
Information related to a BA Customer or a Covad Customer accessed by, or
disclosed or provided to, Covad through or as a part of BA OSS Services;
and, (b) any Covad Usage Information (as defined in Section 1.1.6 below)
accessed by, or disclosed or provided to, Covad.
1.1.5 "BA Retail Telecommunications Service" means any Telecommunications
Service that Xxxx Atlantic provides at retail to subscribers that are not
Telecommunications Carriers. The term "BA Retail Telecommunications
Service" does not include any exchange access service (as defined in
Section 3(16) of the Act, 47 U.S.C. ss. 153(16)) provided by BA.
1.1.6 "Covad Usage Information" means the usage information for a BA
Retail Telecommunications Service purchased by Covad under this Agreement
that BA would record if BA was furnishing such BA Retail
Telecommunications Service to a BA end-user retail Customer.
1.1.7 "Customer Information" means CPNI of a Customer and any other
non-public, individually identifiable information about a Customer or the
purchase by a Customer of the services or products of a Party.
1
1.2 BA OSS Services
1.2.1 Upon request by Covad, BA shall provide to Covad, pursuant to
Section 251(c)(3) of the Act, 47 U.S.C. ss. 251(c)(3), BA OSS Services.
1.2.2 Subject to the requirements of Applicable Law, BA Operations Support
Systems, BA Operations Support Systems functions, BA OSS Facilities, BA
OSS Information, and the BA OSS Services that will be offered by BA, shall
be as determined by BA. Subject to the requirements of Applicable Law, BA
shall have the right to change BA Operations Support Systems, BA
Operations Support Systems functions, BA OSS Facilities, BA OSS
Information, and the BA OSS Services, from time-to-time, without the
consent of Covad.
1.3 Covad Usage Information
1.3.1 Upon request by Covad, BA shall provide to Covad, pursuant to
Section 251(c)(3) of the Act, 47 U.S.C. ss. 251(c)(3), Covad Usage
Information.
1.3.2 Covad Usage Information will be available to Covad through the
following:
(a) Daily Usage File on Data Tape.
(b) Daily Usage File through Network Data Mover ("NDM").
1.3.3.1 Covad Usage Information will be provided in a Bellcore Exchange
Message Records ("EMR") format.
1.3.3.2 Daily Usage File Data Tapes provided pursuant to Section 1.3.2(a)
above will be issued each day, Monday through Friday, except holidays
observed by BA.
1.3.4 Except as stated in this Section 1.3, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which, Covad
Usage Information will be provided to Covad shall be determined by BA.
1.5 Access to and Use of BA OSS Facilities
1.5.1 BA OSS Facilities may be accessed and used by Covad only to the
extent necessary for Covad's access to and use of BA OSS Services pursuant
to the Agreement.
1.5.2 BA OSS Facilities may be accessed and used by Covad only to provide
Telecommunications Services to Covad Customers.
1.5.3 Covad shall restrict access to and use of BA OSS Facilities to
Covad. This Schedule 12.3 does not grant to Covad any right or license to
grant sublicenses to other
2
persons, or permission to other persons (except Covad's employees, agents
and contractors, in accordance with Section 1.5.7 below), to access or use
BA OSS Facilities.
1.5.4 Covad shall not (a) alter, modify or damage the BA OSS Facilities
(including, but not limited to, BA software), (b) copy, remove, derive,
reverse engineer, or decompile, software from the BA OSS Facilities, or
(c) obtain access through BA OSS Facilities to BA databases, facilities,
equipment, software, or systems, which are not offered for Covad's use
under this Schedule 12.3.
1.5.5 Covad shall comply with all practices and procedures established by
BA for access to and use of BA OSS Facilities (including, but not limited
to, BA practices and procedures with regard to security and use of access
and user identification codes).
1.5.6 All practices and procedures for access to and use of BA OSS
Facilities, and all access and user identification codes for BA OSS
Facilities: (a) shall remain the property of BA; (b) shall be used by
Covad only in connection with Covad's use of BA OSS Facilities permitted
by this Schedule 12.3; (c) shall be treated by Covad as Confidential
Information of BA pursuant to subsection 29.4 of the Agreement; and, (d)
shall be destroyed or returned by Covad to BA upon the earlier of request
by BA or the expiration or termination of the Agreement.
1.5.7 Covad's employees, agents and contractors may access and use BA OSS
Facilities only to the extent necessary for Covad's access to and use of
the BA OSS Facilities permitted by this Agreement. Any access to or use of
BA OSS Facilities by Covad's employees, agents, or contractors, shall be
subject to the provisions of the Agreement, including, but not limited to,
subsection 29.4 thereof and Sections 1.5.6 and 1.6.3.3 of this Schedule
12.3.
1.6 BA OSS Information
1.6.1 Subject to the provisions of this Schedule 12.3 and Applicable Law,
BA grants to Covad a non-exclusive license to use BA OSS Information.
1.6.2 All BA OSS Information shall at all times remain the property of BA.
Except as expressly stated in this Schedule 12.3, Covad shall acquire no
rights in or to any BA OSS Information.
1.6.3.1 The provisions of this Section 1.6.3 shall apply to all BA OSS
Information, except (a) Covad Usage Information, (b) CPNI of Covad, and
(c) CPNI of a BA Customer or a Covad Customer, to the extent the Customer
has authorized Covad to use the Customer Information.
1.6.3.2 BA OSS Information may be accessed and used by Covad only to
provide Telecommunications Services to Covad Customers.
3
1.6.3.3 Covad shall treat BA OSS Information that is designated by BA,
through written or electronic notice (including, but not limited to,
through the BA OSS Services), as "Confidential" or "Proprietary" as
Confidential Information of BA pursuant to subsection 29.4 of the
Agreement.
1.6.3.4 Except as expressly stated in this Schedule 12.3, this Agreement
does not grant to Covad any right or license to grant sublicenses to other
persons, or permission to other persons (except Covad's employees, agents
or contractors, in accordance with Section 1.6.3.5 below, to access, use
or disclose BA OSS Information.
1.6.3.5 Covad's employees, agents and contractors may access, use and
disclose BA OSS Information only to the extent necessary for Covad's
access to, and use and disclosure of, BA OSS Information permitted by this
Schedule 12.3. Any access to, or use or disclosure of, BA OSS Information
by Covad's employees, agents or contractors, shall be subject to the
provisions of this Agreement, including, but not limited to, subsection
29.4 of the Agreement and Section 1.6.3.3 above.
1.6.3.6 Covad's license to use BA OSS Information shall expire upon the
earliest of: (a) the time when the BA OSS Information is no longer needed
by Covad to provide Telecommunications Services to Covad Customers; (b)
termination of the license in accordance with this Schedule 12.3; or (c)
expiration or termination of the Agreement.
1.6.3.7 All BA OSS Information received by Covad shall be destroyed or
returned by Covad to BA, upon expiration, suspension or termination of the
license to use such BA OSS Information.
1.6.4 Unless sooner terminated or suspended in accordance with the
Agreement or this Schedule 12.3 (including, but not limited to, subsection
22.3 of the Agreement and Section 1.7.1 above), Covad's access to BA OSS
Information through BA OSS Services shall terminate upon the expiration or
termination of the Agreement.
1.6.5.1 Without in any way limiting subsection 18.3 of the Agreement, BA
shall have the right (but not the obligation) to audit Covad to ascertain
whether Covad is complying with the requirements of Applicable Law and
this Agreement with regard to Covad's access to, and use and disclosure
of, BA OSS Information.
1.6.5.2 Without in any way limiting any other rights BA may have under the
Agreement or Applicable Law, BA shall have the right (but not the
obligation) to monitor Covad's access to and use of BA OSS Information
which is made available by BA to Covad pursuant to this Agreement, to
ascertain whether Covad is complying with the requirements of Applicable
Law and this Agreement, with regard to Covad's access to, and use and
disclosure of, such BA OSS Information. The foregoing right shall include,
but not be limited to, the right (but not the obligation) to
electronically monitor Covad's access to and use of BA OSS Information
which is made available by BA to Covad through BA OSS Facilities.
4
1.6.5.3 Information obtained by BA pursuant to this Section 1.6.5 shall be
treated by BA as Confidential Information of Covad pursuant to subsection
29.4 of the Agreement; provided that, BA shall have the right (but not the
obligation) to use and disclose information obtained by BA pursuant to
this Section 1.6.5 to enforce BA's rights under the Agreement or
Applicable Law.
1.6.6 Covad acknowledges that the BA OSS Information, by its nature, is
updated and corrected on a continuous basis by BA, and therefore that BA
OSS Information is subject to change from time to time.
1.7 Liabilities and Remedies
1.7.1 Any breach by Covad, or Covad's employees, agents or contractors, of
the provisions of Sections 1.5 or 1.6 above shall be deemed a material
breach of the Agreement. In addition, if Covad or an employee, agent or
contractor of Covad at any time breaches a provision of Sections 1.5 or
1.6 above and such breach continues for more than ten (10) days after
written notice thereof from BA, then, except as otherwise required by
Applicable Law, BA shall have the right, upon notice to Covad, to suspend
the license to use BA OSS Information granted by Section 1.6.1 above
and/or the provision of BA OSS Services, in whole or in part.
1.7.2 Covad agrees that BA would be irreparably injured by a breach of
Sections 1.5 or 1.6 above by Covad or the employees, agents or contractors
of Covad, and that BA shall be entitled to seek equitable relief,
including injunctive relief and specific performance, in the event of any
such breach. Such remedies shall not be deemed to be the exclusive
remedies for any such breach, but shall be in addition to any other
remedies available under this Agreement or at law or in equity.
1.8 Relation to Applicable Law
The provisions of Sections 1.5, 1.6 and 1.7 above shall be in addition to
and not in derogation of any provisions of Applicable Law, including, but
not limited to, 47 U.S.C. ss. 222, and are not intended to constitute a
waiver by BA of any right with regard to protection of the confidentiality
of the information of BA or BA Customers provided by Applicable Law.
1.9 Cooperation
Covad, at Covad's expense, shall reasonably cooperate with BA in using BA
OSS Services. Such cooperation shall include, but not be limited to, the
following:
1.9.1 Upon request by BA, Covad shall by no later than the fifteenth
(15th) day of each calendar month submit to BA reasonable, good faith
estimates (by central office or other BA office or geographic area
designated by BA) of the volume of each BA Retail
5
Telecommunications Service for which Covad anticipates submitting orders
in each week of the next calendar month.
1.9.2 Upon request by BA, Covad shall submit to BA reasonable, good faith
estimates of other types of transactions or use of BA OSS Services that
Covad anticipates.
1.9.3 Covad shall reasonably cooperate with BA in submitting orders for BA
Retail Telecommunications Services and otherwise using the BA OSS
Services, in order to avoid exceeding the capacity or capabilities of such
BA OSS Services.
1.9.4 Covad shall participate in cooperative testing of BA OSS Services
and shall provide assistance to BA in identifying and correcting mistakes,
omissions, interruptions, delays, errors, defects, faults, failures, or
other deficiencies, in BA OSS Services.
1.10 BA Access to Information Related to Covad Customers
1.10.1 BA shall have the right to access, use and disclose information
related to Covad Customers that is in BA's possession (including, but not
limited to, in BA OSS Facilities) to the extent such access, use and/or
disclosure has been authorized by the Covad Customer in the manner
required by Applicable Law.
1.10.2 Upon request by BA, Covad shall negotiate in good faith and enter
into a contract with BA, pursuant to which BA may obtain access to Covad's
operations support systems (including, systems for pre-ordering, ordering,
provisioning, maintenance and repair, and billing) and information
contained in such systems, to permit BA to obtain information related to
Covad Customers (as authorized by the applicable Covad Customer), to
permit Customers to transfer service from one Telecommunications Carrier
to another, and for such other purposes as may be permitted by Applicable
Law.
2. XXXX ATLANTIC PRE-OSS SERVICES
2.1 As used in this Schedule 12.3, "BA Pre-OSS Service" means a service
which allows the performance of an activity which is comparable to an
activity to be performed through a BA OSS Service and which BA offers to
provide to Covad prior to, or in lieu of, BA's provision of the BA OSS
Service to Covad. The term "BA Pre-OSS Service" includes, but is not
limited to, the activity of placing orders for BA Retail
Telecommunications Services through a telephone facsimile communication.
2.2 Subject to the requirements of Applicable Law, the BA Pre-OSS Services
that will be offered by BA shall be as determined by BA and BA shall have
the right to change BA Pre-OSS Services, from time-to-time, without the
consent of Covad.
2.3 Subject to the requirements of Applicable Law, the prices for BA
Pre-OSS Services shall be as determined by BA and shall be subject to
change by BA from time-to-time.
6
2.4 The provisions of Sections 1.5 through 1.9 above shall also apply to
BA Pre-OSS Services. For the purposes of this Section 2.4: (a) references
in Sections 1.5 through 1.9 above to BA OSS Services shall be deemed to
include BA Pre-OSS Services; and, (b) references in Sections 1.5 through
1.9 above to BA OSS Information shall be deemed to include information
made available to Covad through BA Pre-OSS Services.
3. RATES AND CHARGES
The prices for the foregoing services shall be as set forth in BA's
Tariffs or, in the absence of an applicable BA Tariff price, in Exhibit A
or, if not set forth in either, as may be determined by BA from time to
time. If BA at any time offers another resale support service the prices
for which are not stated in BA's Tariffs or Exhibit A, BA shall have the
right to revise Exhibit A to add such prices.
7
SCHEDULE 13.4
COLLOCATION: SHARED CAGE ARRANGEMENT
1. Service Description
(A) Shared Cages provide an additional option to Covad for
Interconnection and access to unbundled Network Elements. Shared
Cages refers to an arrangement in which a Collocation node is shared
by two CLECs purusant to terms and conditions agreed to by those
CLECs.
(B) For established collocation nodes, the initial CLEC is the
"Collocator of Record" ("COR"), or "host" collocator; the other
collocator participating in the sharing arrangement is referred to
in this Agreement as the "guest". When two collocators request
establishment of a new Collocation node, to be used as a Shared
Cage, one of the participating CLECs must agree to be the COR and
the other to be the guest. The host collocator is BA's customer, and
has all of the rights and obligations applicable under this
Agreement and the applicable Tariff to CLECs purchasing
Collocation-related services, including, without limitation, the
obligation to pay all applicable charges, whether or not the COR is
reimbursed for all or any portion of such charges by the guest.
Neither this Agreement, nor any actions taken by BA or the COR in
compliance with this Agreement or the applicable Tariff, shall
create a contractual, agency, or any other type of relationship
between BA and the guest collocator in a sharing arrangement; and BA
does not assume any liability or obligation to the guest for any
actions of the COR. The two involved collocators are solely
responsible for determining whether to share a cage, and if so upon
what terms and conditions.
2. Shared Cage Arrangement
(A) The host CLEC must notify BA in writing of its intention to share
its cage space and provide BA with a certificate of insurance from
the guest before the guest occupies the cage.
(B) All orders for Telecommunications Services or unbundled Network
Elements must be placed by or on behalf of the COR. The host and
guest may agree that such orders may be placed by the guest on
behalf of the host, but in such case BA must be provided with an
acceptable Letter of Authorization explicitly authorizing the guest
to place such orders. Where an order is placed by the guest in
conformity with this section BA will send bills for the ordered
services to the guest, and will accept payments from the guest on
the COR's account. Notwithstanding such ordering and billing
arrangements, the obligation to pay BA for such services
1
remains exclusively with the COR, regardless of whether the guest
complies with its obligations under its contract with the COR to
make payments to the COR or to BA. BA may pursue any available
rights and remedies against the COR in the event of non-payment,
without first seeking payment from the guest, regardless of whether
the services for which payment is due are being used by the COR or
by the guest.
(C) All terms and conditions for Physical Collocation as described in
applicable Tariffs and in Section 13.0 of this Agreement will apply.
In addition, the following terms and conditions will apply to shared
cages:
(1) The guest must be a CLEC.
(2) The host and guest must each be collocating for the purpose of
interconnecting to BA or accessing BA's unbundled Network
Elements.
(3) In its use of a Shared Cage, the guest must comply with the
same BA rules and regulations and municipal/zoning regulations
as are applicable to the COR.
(4) The COR assumes the responsibility for the guest's violation
of all Tariff regulations and other requirements related to a
Shared Cage arrangement, and will be liable for any damage or
injury to BA caused by the conduct of the guest, to the same
extent as the COR would be liable if it had engaged in such
conduct itself. The COR will also indemnify BA against any
third-party claims resulting from the guest's conduct, to the
same extent as it would be responsible for such
indemnification if it had engaged in such conduct itself.
(5) The host and guest will participate in Method of Procedure
(MOP) meetings detailing the installation work to be performed
by the guest. This shall be completed for all Physical
Collocation equipment installation. The host shall prominently
display the signed MOP at the multiplexing node while any
installation functions are performed.
(6) The host must provide BA's designated representative(s) with a
list of the names of all technicians who will need access to
the Shared Cage for support, maintenance and repair purposes.
The host is responsible for supplying such representative(s)
with the required completed non-employee ID badge application
forms and all appropriate indentification material for its
employees/agents as well as those of the guest.
(7) BA will issue only one identifying cage and POT Bay CLLI code
and provide it to the host. The host will assume connecting
facility assignment (CFA) responsibilities.
(8) All occupancy and specific cage construction communications
(e.g., cage
2
augments, cage access or deployment requirements) will be
between the host and BA as specified in this Agreement.
(9) The host will remain responsible for all costs associated with
the cage (e.g., cage construction, POT Bay installation). BA
will not split xxxx any of the rate elements associated with
the Collocation cage between the host and its tenant (e.g.,
recurring square foot charges, power, cable racking).
3
SCHEDULE 27.2
PERFORMANCE MONITORING REPORTS, STANDARDS AND REMEDIES
1. Performance Monitoring Reports
1.1. Subject to the provisions of this Schedule 27.2, BA shall provide to Covad
performance monitoring reports ("Performance Monitoring Reports") for services
and facilities provided by BA. Subject to the provisions of Appendix 1, the
Performance Monitoring Reports will include the measurements set forth in
subsections (a) through (d) of this Section 1.1, to the extent the measurements
set forth in a subsection are applicable to the services set forth in such
subsection: (a) for services provided to BA's retail customers, in the
aggregate, the measurements stated in Xxxxxxxx 0, Xxxxxxx 0, "Xxxxxx"; (x) for
services and facilities provided to any BA local exchange affiliate purchasing
Interconnection,(1) if BA decides to operate a wholesale carrier, the
measurements stated in Appendix 1, Section 2, "Unbundled Network Elements",
Section 3, "Resale", and Section 4, "Network Interconnection Trunks"; (c) for
services and facilities provided to carriers purchasing Interconnection, in the
aggregate, the measurements stated in Appendix 1, Section 1, "OSS", Section 2,
"Unbundled Network Elements", Section 3, "Resale", Section 4, "Network
Interconnection Trunks", and Section 5, "CLEC Billing"; and, (d) for services
and facilities provided to Covad, the measurements stated in Appendix 1, Section
2, "Unbundled Network Elements", Section 3, "Resale", and Section 4, "Network
Interconnection Trunks".(2)
----------
(1) As used in this Schedule 27.2, Section 1.1, "Interconnection" includes
interconnection, transport and termination, services for resale, and/or access
to unbundled network elements, under Section 251 of the Act, as amended.
(2) The measurements listed in subsections (b) and (d) do not include Section 2,
"Unbundled Network Elements", Measurement 7, "% Flow Through Orders", and
Section 3, "Resale", Measurement 7, "% Flow Through Orders".
1
1.2 The Performance Monitoring Reports shall be provided on a calendar quarter
basis (January through March, April through June, July through September,
October through December) with monthly information detail. The Performance
Monitoring Reports shall be provided within forty-five (45) days after the
completion of each calendar quarter. The first Performance Monitoring Reports
shall cover the calendar quarter of [?], 1998.
2. Performance Metrics, Standards and Remedies
2.1 Appendix 2 sets out performance standards for 21 service quality measurement
items ("Performance Metrics") listed in the Performance Monitoring Reports. BA
shall measure on a calendar quarter basis BA's performance for each Performance
Metric for service provided to Covad.
2.2 If for any calendar quarter BA fails to meet the standard for a Performance
Metric for service provided to Covad, BA will conduct an investigation with
regard to the failure. The investigation will review the validity of the
measurement for the Performance Metric, and, if the measurement is concluded to
be valid, identify the cause of the failure. After identifying the cause of the
failure, BA will take commercially reasonable action to correct the failure
resulting from such cause. Covad shall provide all information and support
reasonably requested by BA in order to enable BA to conduct the investigation
and to correct any failure.
2.3.1 BA shall not be obligated to take investigative or corrective action
pursuant to Section 2.2, above, to the extent the failure to meet the standard
for a Performance Metric is caused by a Delaying Event. As used in this Schedule
27.2, "Delaying Event" means: (a) a failure by Covad to perform any of its
obligations set forth in this Agreement; (b) any delay, act or failure to act by
Covad or a customer, end-user, agent, affiliate, representative, vendor, or
contractor of Covad; (c) any Force Majeure Event
2
as defined in Section 28.3; (d) any event, delay, act or failure to act, beyond
the reasonable control of BA; or, (e) such other event, delay, act or failure to
act upon which the Parties may agree. In calculating a Performance Metric, BA
may adjust the performance data to exclude any negative effect upon BA's meeting
the standard for the Performance Metric caused by a Delaying Event. If, pursuant
to this Section 2.3.1, BA adjusts performance data to exclude a negative effect
upon BA's meeting the standard for a Performance Metric caused by a Delaying
Event, BA shall provide to Covad a reasonably detailed description of the
adjustment. If Covad disputes the appropriateness of the adjustment, either
Party may seek resolution of the dispute in accordance with Section 28.11 of the
Agreement.
2.3.2 BA shall not be obligated to take investigative or corrective action
pursuant to Section 2.2 for any Performance Metric that shows a failure to meet
a performance standard if BA can reasonably show that (a) the measurement for
the Performance Metric does not have a statistically valid basis, or (b) the
data measured for service provided to Covad cannot be validly compared to the
measurement to which Appendix 2 specifies such data is to be compared (e.g., the
measurement for service provided to BA retail customers). If, pursuant to the
preceding sentence of this Section 2.3.2, BA excludes from action under Section
2.2 any Performance Metric, BA shall provide to Covad a reasonably detailed
explanation of the basis for the exclusion. If Covad disputes the
appropriateness of the exclusion, either Party may seek resolution of the
dispute in accordance with Section 28.11 of the Agreement.
2.3.3 BA may exclude from consideration in calculating Performance Metrics any
activities where Covad has requested a date due or other performance interval
different from (greater or less than) that which BA provides for its own retail
customers or its other telecommunications carrier customers.
2.3.4 BA shall not be obligated to take investigative or corrective action
pursuant to Section 2.2 for any Performance Metric where the data for two or
more months in a calendar quarter have been
3
excluded from consideration pursuant to the provisions of this Agreement.
2.4 For each Performance Metric related to UNE or Resale Services that requires
calculation of a percentage, a minimum of 200 items per calendar quarter for the
denominator shall be a prerequisite (e.g., a/200 x 100 = b%). Lack of the
minimum 200 items will result in BA being deemed to have met the standard for
that Performance Metric. For each Performance Metric related to Interconnection
Trunks that requires calculation of a percentage, a minimum of 50 items per
calendar quarter for the denominator shall be a prerequisite (e.g., a/50 x 100 =
b%). Lack of the minimum 50 items will result in BA being deemed to have met the
standard for that Performance Metric.
2.5 As used in Appendix 2 for those Performance Metrics where "Parity" is the
standard, "Parity" will be determined in accordance with Appendix 4,
"Statistical Methodology for Determining 'Parity' Range".
3. Performance Measurements, Standards and Remedies
3.1 Appendix 3 sets forth nine (9) performance categories ("Performance
Categories"). Each Performance Category is composed of one or more performance
measurements, which are listed in the left-hand column of each Performance
Category matrix ("Performance Measurements"). Each Performance Category
point-score, when calculated, will be the sum of the point-scores of the
Performance Measurements composing that Performance Category, and may be "0", a
positive number (+1 or higher), or a negative number (-1 or less).
3.2 BA shall measure on a calendar quarter basis BA's performance for each
Performance Measurement for service provided to Covad. No later than sixty (60)
days after the completion of each calendar quarter, BA shall forward to Covad a
statement showing BA's performance for each Performance Measurement for service
provided to Covad and a calculation of each Performance
4
Category point-score ("Performance Statement").
3.3 If for any calendar quarter BA fails to obtain a point-score of "0" or
higher for a Performance Measurement for service provided to Covad, BA will
conduct an investigation with regard to the failure. The investigation will
review the validity of the measurement for the Performance Measurement, and, if
the measurement is concluded to be valid, identify the cause of the failure.
After identifying the cause of the failure, BA will take commercially reasonable
action to correct the failure resulting from such cause. Covad shall provide all
information and support reasonably requested by BA in order to enable BA to
conduct this investigation and to correct any failure to obtain a point-score of
"0" or higher for the Performance Measurement.
3.4.1 Subject to the provisions of this Schedule 27.2 and other applicable
provisions of this Agreement, if the point-score for a Performance Category for
service provided to Covad is a negative number (-1 or less) for two (2)
consecutive calendar quarters, BA shall give a billing credit to Covad in the
amount provided for in Appendix 3 ("Performance Credit"). A Performance Credit
shall be given for the second consecutive calendar quarter and for each
subsequent consecutive calendar quarter for which the point-score for the
Performance Category is a negative number (-1 or less). Each Performance
Statement shall include a statement showing any Performance Credit due to Covad.
Each Performance Credit which is due shall be applied to an appropriate Covad
xxxx no later than thirty (30) days after the Performance Statement stating that
the Performance Credit is due is delivered to Covad.
3.4.2 If the point-score for a Performance Category for service provided to
Covad is a positive number (+1 or more), BA may use the positive point-score for
that Performance Category to off-set a negative point-score for that Performance
Category for the next calendar quarter.
3.4.3.1 BA shall not be obligated to take investigative or corrective action
pursuant to Section 3.3, or
5
to pay a Performance Credit, to the extent the negative point-score for a
Performance Measurement or Performance Category is caused by a Delaying Event,
as defined in Section 2.3.1, above. In calculating a Performance Measurement, BA
may adjust the performance data to exclude any negative effect on BA's meeting
the performance standard for the Performance Measurement caused by a Delaying
Event. If, pursuant to this Section 3.4.3.1, BA adjusts performance data to
exclude a negative effect on BA's meeting the performance standard for a
Performance Measurement caused by a Delaying Event, BA shall provide to Covad a
reasonably detailed description of the adjustment. If Covad disputes the
appropriateness of the adjustment, either Party may seek resolution of the
dispute in accordance with Section 28.11 of the Agreement.
3.4.3.2 BA may exclude from consideration in calculating Performance Category
Point Scores and Performance Credits, and shall not be obligated to take
investigative or corrective action pursuant to Section 3.3 with regard to, any
Performance Measurement that shows a failure to meet a performance standard if
BA can reasonably show that (a) the measurement for the Performance Measurement
does not have a statistically valid basis, or (b) the data measured for service
provided to Covad cannot be validly compared to the measurement to which
Appendix 3 specifies such data is to be compared (e.g., the measurement for
service provided to BA retail customers). If, pursuant to the preceding sentence
of this Section 3.4.3.2, BA excludes from consideration in calculating
Performance Category Point Scores and Performance Credits and from action under
Section 3.3 any Performance Measurement, BA shall provide to Covad a reasonably
detailed explanation of the basis for the exclusion. If Covad disputes the
appropriateness of the exclusion, either Party may seek resolution of the
dispute in accordance with Section 28.11 of the Agreement.
3.4.3.3 BA may exclude from consideration in calculating Performance
Measurements any activities
6
where Covad has requested a date due or other performance interval different
from (greater or less than) that which BA provides for its own retail customers
or its other telecommunications carrier customers.
3.4.3.4 BA may also exclude from consideration in calculating Performance
Category point-scores and Performance Credits, and shall not be obligated to
take investigative or corrective action pursuant to Section 3.3 with regard to,
any Performance Measurement where the data for two or more months in a calendar
quarter have been excluded from consideration pursuant to the provisions of this
Agreement.
3.4.4 For each Performance Measurement related to OSS, UNE, Resale Services or
Billing, that requires calculation of a percentage, a minimum of 200 items per
calendar quarter for the denominator shall be a prerequisite (e.g., a/200 x 100
= b%). Lack of the minimum 200 items will result in BA receiving a "0 Points"
score for that Performance Measurement. For each Performance Measurement related
to Interconnection Trunks that requires calculation of a percentage, a minimum
of 50 items per calendar quarter for the denominator shall be a prerequisite
(e.g., a/50 x 100 = b%). Lack of the minimum 50 items will result in BA
receiving a "0 Points" score for that Performance Measurement.
3.4.5 As used in Appendix 3 for those Performance Measurements where "Parity" is
the standard, "Parity" will be determined in accordance with Appendix 4,
"Statistical Methodology for Determining 'Parity' Range".
4. Notwithstanding anything in this Agreement to the contrary, the Performance
Metrics, Performance Metrics standards, Performance Measurements, Performance
Measurements standards, Performance Categories, and Performance Credits,
provided for in this Schedule 27.2 shall also apply to Covad with regard to OSS,
UNE, Resale Services, Interconnection Trunks,
7
and other services and arrangements, purchased by BA from Covad. Covad shall for
OSS, UNE, Resale Services, Interconnection Trunks, and other services and
arrangements, purchased by BA from Covad, provide to BA Performance Monitoring
Reports and Performance Statements similar to those to be provided by BA to
Covad. If Covad fails to meet a standard for a Performance Metric or a
Performance Measurement or incurs a negative point-score on a Performance
Category, Covad shall (a) undertake correction of the failure, to the same
extent as BA would be required to undertake correction of the failure under this
Schedule 27.2, and (b) give Performance Credits to BA, to the same extent as BA
would be required to give Performance Credits to Covad under this Schedule 27.2.
5. Appendix 1 sets out definitions for terms that are used in this Schedule
27.2. Except as clearly stated otherwise in a particular instance, these
definitions apply throughout this Schedule 27.2.
6. Covad agrees that the information contained in the Performance Reports and
the information contained in the Performance Statements is confidential and
proprietary to BA, and shall be used by Covad solely for internal performance
assessment purposes, for purposes of joint Covad and BA assessments of service
performance, and for reporting to the Commission, the FCC, or courts of
competent jurisdiction, under cover of an agreed-upon protective order, for the
sole purpose of enforcing BA's obligations under this Agreement. Covad shall not
otherwise disclose the information contained in the Performance Reports or
Performance Statements to third-persons.
7. BA shall provide Covad with access to the available data and information
necessary for Covad to verify the accuracy of the Performance Monitoring Reports
provided by BA to Covad. Covad agrees that such data and information is
confidential and proprietary to BA and shall be used by Covad solely for the
purpose of verifying the accuracy of the Performance Monitoring Reports. Covad
shall not disclose such data and information to third-persons. BA shall be
obligated to retain data and information for access by Covad under this Section
7 only for the period of time required by Applicable
8
Laws.
8. In providing Performance Reports to Covad, providing Performance Statements
to Covad, providing Covad with access to data and information pursuant to
Section 7, above, and otherwise performing its obligations under this Schedule
27.2, BA shall not be obligated, and may decline, to disclose to Covad any
individually identifiable information pertaining to a person other than Covad,
including, but not limited to, any other carrier customer of BA or any retail
customer of BA.
9. The Parties acknowledge that this Schedule 27.2 is intended to implement
obligations of BA under the FCC's Memorandum Opinion and Order in "In the
Applications of NYNEX Corporation, Transferor, and Xxxx Atlantic Corporation,
Transferee, For Consent to Transfer Control of NYNEX Corporation and Its
Subsidiaries", File No. NSD-L-96-10, Released August 14, 1997. This Schedule
27.2 shall be interpreted and construed in a manner consistent with the FCC's
Memorandum Opinion and Order.
9
SCHEDULE 27.2
APPENDIX 1
PERFORMANCE MONITORING REPORTS
1. OSS
--------------------------------------------------------------------------------
Key Service Quality Measurements Notes
--------------------------------------------------------------------------------
OSS:
--------------------------------------------------------------------------------
Pre-Order Process:
--------------------------------------------------------------------------------
1. Pre-Order Response Time: Not Carrier Specific
--------------------------------------------------------------------------------
o a. Customer Service Records
--------------------------------------------------------------------------------
o b. Other Pre-Order (Aggregate of the following):
o Due Date Availability
o Product & Service Availability Information
o Address Validation
o Telephone number availability and
reservation
--------------------------------------------------------------------------------
2. Availability of BA interface to OSS access: Not Carrier Specific
--------------------------------------------------------------------------------
o % Interface Uptime(3)
--------------------------------------------------------------------------------
----------
(3) This Schedule contemplates that measurements will be conducted in connection
with the use and/or operations of various BA systems (including, but not limited
to, ECG, EDI, WebGUI, and BA systems for pre-ordering, ordering, provisioning,
maintenance and repair, and billing). The Parties, through good faith
negotiation, shall amend this Schedule from time-to-time as necessary to conform
the Schedule to changes in, discontinuance of, or replacement of, BA systems.
Nothing in this Schedule shall be deemed to prevent BA from changing,
discontinuing or replacing any BA system or any version, issue or edition of a
BA system.
10
2. UNBUNDLED NETWORK ELEMENTS ("UNE"):
--------------------------------------------------------------------------------
Key Service Quality Measurements Notes
--------------------------------------------------------------------------------
Ordering Process:
--------------------------------------------------------------------------------
3. Order Confirmation Timeliness: .
--------------------------------------------------------------------------------
POTS:
--------------------------------------------------------------------------------
o a. Average Response Time: Order Confirmation
o Mechanized (Flow-Through) Orders
o Manual Orders:
o [less than] 10 Lines
o [greater than or equal to] 10 Lines
--------------------------------------------------------------------------------
o b. % On Time - Order Confirmation
o [less than] 10 Lines
o [greater than or equal to] 10 Lines
--------------------------------------------------------------------------------
Specials:
o Average Response Time: Order Confirmation
o Mechanized (Flow-Through) Orders
o Manual Orders:
o [less than] 10 Lines
o [greater than or equal to] 10 Lines
--------------------------------------------------------------------------------
4. Reject Timeliness
--------------------------------------------------------------------------------
POTS:
o a. Average Response Time - Rejects
o Mechanized (Flow-Through) Orders
o Manual Orders:
o [less than] 10 Lines
o [greater than or equal to] 10 Lines
--------------------------------------------------------------------------------
o b. % On Time -Rejects
o [less than] 10 Lines
o [greater than or equal to] 10 Lines
--------------------------------------------------------------------------------
Specials:
o Average Response Time - Rejects
o Mechanized (Flow-Through) Orders
o Manual Orders:
o [less than] 10 Lines
o [greater than or equal to] 10 Lines
--------------------------------------------------------------------------------
5. % Rejects:
--------------------------------------------------------------------------------
o % Rejects
--------------------------------------------------------------------------------
6. Timeliness of Completion Notification:
--------------------------------------------------------------------------------
o Average Response Time - Notice of Completion
--------------------------------------------------------------------------------
11
2. UNBUNDLED NETWORK ELEMENTS:
--------------------------------------------------------------------------------
Key Service Quality Measurements Notes
--------------------------------------------------------------------------------
7. % Flow Through Orders Tracked
Not Carrier Specific
--------------------------------------------------------------------------------
Provisioning Process
--------------------------------------------------------------------------------
8. Average Interval - Offered
--------------------------------------------------------------------------------
POTS:
o Avg. Interval Offered - Dispatch
o Avg. Interval Offered - No Dispatch
--------------------------------------------------------------------------------
Specials:
o Avg. Interval Offered
--------------------------------------------------------------------------------
9. Average Interval - Completed
--------------------------------------------------------------------------------
POTS:
o Avg. Interval Completed - Dispatch
o Avg. Interval Completed - No Dispatch
--------------------------------------------------------------------------------
Specials:
o Avg. Interval Completed
--------------------------------------------------------------------------------
10. % Completed within 5 business days - Total
--------------------------------------------------------------------------------
POTS:
o % Completed within 5 Days (1 to 5 Lines)
--------------------------------------------------------------------------------
11. % Missed Installation Appointment -BA Reasons
--------------------------------------------------------------------------------
POTS:
o % Missed Installation Appt. - Dispatch
o % Missed Installation Appt. - No Dispatch
--------------------------------------------------------------------------------
Specials:
o % Missed Installation Appt.
--------------------------------------------------------------------------------
12. % Missed Installation Appointment - Facilities
--------------------------------------------------------------------------------
POTS:
o % Missed Installation Appointment -
Facilities
--------------------------------------------------------------------------------
Specials:
o % Missed Installation Appointment -
Facilities
--------------------------------------------------------------------------------
13. % Installation Troubles within 30 Days
--------------------------------------------------------------------------------
POTS:
o % Installation Troubles within 30 days
--------------------------------------------------------------------------------
Specials:
o % Installation Troubles within 30 days
--------------------------------------------------------------------------------
12
2. UNBUNDLED NETWORK ELEMENTS:
--------------------------------------------------------------------------------
Key Service Quality Measurements Notes
--------------------------------------------------------------------------------
Maintenance and Repair Process
--------------------------------------------------------------------------------
14. Network Trouble Report Rate
--------------------------------------------------------------------------------
POTS:
o Trouble Report Rate - Dispatch
o Trouble Report Rate - No Dispatch
--------------------------------------------------------------------------------
Specials:
o Network Trouble Report Rate (Dispatch +
No Dispatch)
--------------------------------------------------------------------------------
15. % Missed Repair Appointments
--------------------------------------------------------------------------------
POTS:
o % Missed Repair Appt - Dispatch
o % Missed Repair Appt - No Dispatch
--------------------------------------------------------------------------------
16. Mean Time to Repair
--------------------------------------------------------------------------------
POTS:
o Mean Time to Repair - Dispatch (Run
Clock)
o Mean Time to Repair - No Dispatch (Run
Clock)
--------------------------------------------------------------------------------
Specials:
o Mean Time to Repair (Stop Clock)
--------------------------------------------------------------------------------
17. % Out of Service [greater than] 24 Hours
--------------------------------------------------------------------------------
POTS:
o % Out of Service [greater than] 24 Hours
--------------------------------------------------------------------------------
Specials:
o % Out of Service [greater than] 24 Hours
--------------------------------------------------------------------------------
18. % Repeat Reports within 30 days
--------------------------------------------------------------------------------
POTS:
o % Repeat Reports within 30 Days
--------------------------------------------------------------------------------
Specials:
o % Repeat Reports within 30 Days
--------------------------------------------------------------------------------
13
3. RESALE:
--------------------------------------------------------------------------------
Key Service Quality Measurements Notes
--------------------------------------------------------------------------------
Ordering Process:
--------------------------------------------------------------------------------
3. Order Confirmation Timeliness: .
--------------------------------------------------------------------------------
POTS:
--------------------------------------------------------------------------------
o a. Average Response Time: Order Confirmation
o Mechanized (Flow-Through) Orders
o Manual Orders:
o [less than] 10 Lines
o [greater than or equal to] 10 Lines
--------------------------------------------------------------------------------
o b. % On Time - Order Confirmation
o [less than] 10 Lines
o [greater than or equal to] 10 Lines
--------------------------------------------------------------------------------
Specials:
o Average Response Time: Order Confirmation
o Mechanized (Flow-Through) Orders
o Manual Orders:
o [less than] 10 Lines
o [greater than or equal to] 10 Lines
--------------------------------------------------------------------------------
4. Reject Timeliness
POTS:
o a. Average Response Time - Rejects
o Mechanized (Flow-Through) Orders
o Manual Orders:
o [less than] 10 Lines
o [greater than or equal to] 10 Lines
--------------------------------------------------------------------------------
o b. % On Time -Rejects
o [less than] 10 Lines
o [greater than or equal to] 10 Lines
--------------------------------------------------------------------------------
Specials
o Average Response Time - Rejects
o Mechanized (Flow Through) Orders
o Manual Orders:
o [less than] 10 Lines
o [greater than or equal to] 10 Lines
--------------------------------------------------------------------------------
5. % Rejects:
--------------------------------------------------------------------------------
% Rejects
--------------------------------------------------------------------------------
6. Timeliness of Completion Notification:
--------------------------------------------------------------------------------
Average Response Time - Notice of Completion
--------------------------------------------------------------------------------
14
3. RESALE:
--------------------------------------------------------------------------------
Key Service Quality Measurements Notes
--------------------------------------------------------------------------------
7. % Flow Through Orders Tracked
Not Carrier Specific
--------------------------------------------------------------------------------
Provisioning Process
--------------------------------------------------------------------------------
8. Average Interval - Offered
--------------------------------------------------------------------------------
POTS:
o Avg. Interval Offered - Dispatch
o Avg. Interval Offered - No Dispatch
--------------------------------------------------------------------------------
Specials:
o Avg. Interval Offered
--------------------------------------------------------------------------------
9. Average Interval - Completed
--------------------------------------------------------------------------------
POTS:
o Avg. Interval Completed - Dispatch
o Avg. Interval Completed -No Dispatch
--------------------------------------------------------------------------------
Specials:
o Avg. Interval Completed
--------------------------------------------------------------------------------
15
3. RESALE:
--------------------------------------------------------------------------------
Key Service Quality Measurements Notes
--------------------------------------------------------------------------------
10. % Completed within 5 business days - Total
--------------------------------------------------------------------------------
POTS:
o % Completed within 5 Days (1 to 5 Lines)
--------------------------------------------------------------------------------
11. % Missed Installation Appointment -BA Reasons
--------------------------------------------------------------------------------
POTS:
o % Missed Installation Appt. (BA) -
Dispatch
o % Missed Appt. (BA) - No Dispatch
--------------------------------------------------------------------------------
Specials:
o % Missed Appt. (BA)
--------------------------------------------------------------------------------
12. % Missed Installation Appointment - Facilities
--------------------------------------------------------------------------------
POTS:
o % Missed Installation Appointment -
Facilities
--------------------------------------------------------------------------------
Specials:
o % Missed Installation Appointment -
Facilities
--------------------------------------------------------------------------------
13. % Installation Troubles within 30 Days
--------------------------------------------------------------------------------
POTS:
o % Installation Trouble within 30 days
--------------------------------------------------------------------------------
Specials:
o % Installation Trouble within 30 days
--------------------------------------------------------------------------------
Maintenance and Repair Process
--------------------------------------------------------------------------------
14. Network Trouble Report Rate
--------------------------------------------------------------------------------
POTS:
o Network Trouble Report Rate (Dispatch +
No Dispatch)
--------------------------------------------------------------------------------
Specials:
o Network Trouble Report Rate (Dispatch +
No Dispatch)
--------------------------------------------------------------------------------
15. % Missed Repair Appointments
--------------------------------------------------------------------------------
POTS:
o % Missed Repair Appt. - Dispatch
o % Missed Repair Appt. - No Dispatch
--------------------------------------------------------------------------------
16. Mean Time to Repair
--------------------------------------------------------------------------------
POTS:
o Mean Time to Repair (Run Clock)
--------------------------------------------------------------------------------
Specials:
o Mean Time to Repair (Stop Clock)
--------------------------------------------------------------------------------
16
3. RESALE:
--------------------------------------------------------------------------------
Key Service Quality Measurements Notes
--------------------------------------------------------------------------------
17. % Out of Service [greater than] 24 Hours
--------------------------------------------------------------------------------
POTS:
o % Out of Service [greater than] 24 Hours
--------------------------------------------------------------------------------
Specials:
o % Out of Service [greater than] 24 Hours
--------------------------------------------------------------------------------
18. % Repeat Reports within 30 days
--------------------------------------------------------------------------------
POTS:
o % Repeat Reports within 30 Days
--------------------------------------------------------------------------------
Specials:
o % Repeat Reports within 30 Days
--------------------------------------------------------------------------------
17
4. NETWORK INTERCONNECTION TRUNKS:
--------------------------------------------------------------------------------
Key Service Quality Measurements Notes
--------------------------------------------------------------------------------
Ordering Process:
--------------------------------------------------------------------------------
3. Order Confirmation Timeliness:
--------------------------------------------------------------------------------
o a. Average Response Time: Firm Order
Confirmation
--------------------------------------------------------------------------------
o b. % [greater than] 10 days
--------------------------------------------------------------------------------
4. Reject Timeliness Manual Tracking
--------------------------------------------------------------------------------
o a. Average Response Time: Rejects
--------------------------------------------------------------------------------
o b. % [greater than] 10 days
--------------------------------------------------------------------------------
5. % Rejects:
--------------------------------------------------------------------------------
o % Rejects
--------------------------------------------------------------------------------
6. Timeliness of Completion Notification:
--------------------------------------------------------------------------------
o Average Response Time - Notice of Completion Manual Tracking
(Requires Serial Number)
--------------------------------------------------------------------------------
Provisioning Process
--------------------------------------------------------------------------------
8. Average Interval - Offered
--------------------------------------------------------------------------------
o Average Interval - Offered
--------------------------------------------------------------------------------
9. Average Interval - Completed
--------------------------------------------------------------------------------
o Average Interval - Completed
--------------------------------------------------------------------------------
10. [Intentionally Omitted]
--------------------------------------------------------------------------------
11. % Missed Installation Appointment -BA Reasons
--------------------------------------------------------------------------------
o % Missed Installation Appointment (BA Reasons)
--------------------------------------------------------------------------------
12. % Missed Installation Appointment - Facilities
--------------------------------------------------------------------------------
o % Missed Installation Appointment - Facilities
--------------------------------------------------------------------------------
13. % Installation Troubles within 30 Days
--------------------------------------------------------------------------------
o % Installation Trouble within 30 days
--------------------------------------------------------------------------------
18
4. NETWORK INTERCONNECTION TRUNKS:
--------------------------------------------------------------------------------
Key Service Quality Measurements Notes
--------------------------------------------------------------------------------
Maintenance and Repair Process
--------------------------------------------------------------------------------
14. Network Trouble Report Rate
--------------------------------------------------------------------------------
o Network Trouble Report Rate
--------------------------------------------------------------------------------
15. [Intentionally Omitted]
--------------------------------------------------------------------------------
16. Mean Time to Repair
--------------------------------------------------------------------------------
o Mean Time to Repair (Stop Clock)
--------------------------------------------------------------------------------
17. % Out of Service [greater than] 24 Hours
--------------------------------------------------------------------------------
o % Out of Service [greater than] 24 Hours
--------------------------------------------------------------------------------
18. % Repeat Reports within 30 days
--------------------------------------------------------------------------------
o % Repeat Reports within 30 Days
--------------------------------------------------------------------------------
Network Performance
--------------------------------------------------------------------------------
20. % Dedicated Final Trunk Blockage
--------------------------------------------------------------------------------
19
5. CLEC BILLING (All Services, Interconnection, UNE and Resale):
--------------------------------------------------------------------------------
Billing:
--------------------------------------------------------------------------------
21. Timeliness of Daily Usage Feed
--------------------------------------------------------------------------------
o Timeliness of Usage Information
o % Usage in 3 business days
--------------------------------------------------------------------------------
o % Usage in 4 business days
o % Usage in 5 business days
o % Usage in 8 business days
--------------------------------------------------------------------------------
22. Timeliness of Xxxxxxx Xxxx Not Carrier Specific
--------------------------------------------------------------------------------
20
6. RETAIL:
--------------------------------------------------------------------------------
Key Service Quality Measurements Notes
--------------------------------------------------------------------------------
Pre-Order Process:
--------------------------------------------------------------------------------
1. Pre-Order Response Time:
--------------------------------------------------------------------------------
o a. Customer Service Records
--------------------------------------------------------------------------------
o b. Other Pre-Order (Aggregate of the following):
o Due Date Availability
o Product & Service Availability Information
o Address Validation
o Telephone number availability and reservation
--------------------------------------------------------------------------------
Provisioning Process
--------------------------------------------------------------------------------
8. Average Interval - Offered
--------------------------------------------------------------------------------
POTS:
o Avg. Interval Offered - Dispatch
o Avg. Interval Offered - No Dispatch
--------------------------------------------------------------------------------
Specials:
o Avg. Interval Offered
--------------------------------------------------------------------------------
9. Average Interval - Completed
--------------------------------------------------------------------------------
POTS:
o Avg. Interval Completed - Dispatch
o Avg. Interval Completed - No Dispatch
--------------------------------------------------------------------------------
Specials:
o Avg. Interval Completed
--------------------------------------------------------------------------------
21
6. RETAIL:
--------------------------------------------------------------------------------
Key Service Quality Measurements Notes
--------------------------------------------------------------------------------
10. % Completed within 5 business days - Total
--------------------------------------------------------------------------------
POTS:
o % Completed within 5 Days (1 to 5 Lines):
--------------------------------------------------------------------------------
11. % Missed Installation Appointment -BA Reasons
--------------------------------------------------------------------------------
POTS:
o % Missed Installation Appt. (BA) - Dispatch
o % Missed Appt. (BA) - No Dispatch
--------------------------------------------------------------------------------
Specials:
o % Missed Appt. (BA)
--------------------------------------------------------------------------------
12. % Missed Installation Appointment - Facilities
--------------------------------------------------------------------------------
POTS:
o % Missed Installation Appointment - Facilities
--------------------------------------------------------------------------------
Specials:
o % Missed Installation Appointment - Facilities
--------------------------------------------------------------------------------
13. % Installation Troubles within 30 Days
--------------------------------------------------------------------------------
POTS:
o % Installation Trouble within 30 days
--------------------------------------------------------------------------------
Specials:
o % Installation Trouble within 30 days
--------------------------------------------------------------------------------
Maintenance and Repair Process
--------------------------------------------------------------------------------
14. Network Trouble Report Rate
--------------------------------------------------------------------------------
POTS:
o Network Trouble Report Rate - Total
o Network Trouble Report Rate - Dispatch
o Network Trouble Report Rate - No Dispatch
--------------------------------------------------------------------------------
Specials:
o Network Trouble Report Rate (Dispatch +
No Dispatch)
--------------------------------------------------------------------------------
15. % Missed Repair Appointments
--------------------------------------------------------------------------------
POTS:
o % Missed Repair Appt. - Dispatch
o % Missed Repair Appt. - No Dispatch
--------------------------------------------------------------------------------
16. Mean Time to Repair
--------------------------------------------------------------------------------
POTS:
o Mean Time to Repair - Total (Run Clock)
o Mean Time to Repair - Dispatch (Run Clock)
o Mean Time to Repair - No Dispatch (Run
Clock)
--------------------------------------------------------------------------------
Specials:
o Mean Time to Repair (Stop Clock)
--------------------------------------------------------------------------------
22
6. RETAIL:
--------------------------------------------------------------------------------
Key Service Quality Measurements Notes
--------------------------------------------------------------------------------
17. % Out of Service [greater than] 24 Hours
--------------------------------------------------------------------------------
POTS:
o % Out of Service [greater than] 24 Hours
--------------------------------------------------------------------------------
Specials:
o % Out of Service [greater than] 24 Hours
--------------------------------------------------------------------------------
18. % Repeat Reports within 30 days
--------------------------------------------------------------------------------
POTS:
o % Repeat Reports within 30 Days
--------------------------------------------------------------------------------
Specials:
o % Repeat Reports within 30 Days
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Trunks
--------------------------------------------------------------------------------
Key Service Quality Measurements Notes
--------------------------------------------------------------------------------
Provisioning Process
--------------------------------------------------------------------------------
8. Average Interval - Offered
--------------------------------------------------------------------------------
o Average Interval - Offered FGD
--------------------------------------------------------------------------------
9. Average Interval - Completed
--------------------------------------------------------------------------------
o Average Interval - Completed FGD
--------------------------------------------------------------------------------
10. [Intentionally Omitted]
--------------------------------------------------------------------------------
11. % Missed Installation Appointment -BA Reasons
--------------------------------------------------------------------------------
o % Missed Installation Appointment (BA Reasons) FGD
--------------------------------------------------------------------------------
12. % Missed Installation Appointment - Facilities
--------------------------------------------------------------------------------
o % Missed Installation Appointment - Facilities FGD
--------------------------------------------------------------------------------
13. % Installation Troubles within 30 Days
--------------------------------------------------------------------------------
o % Installation Trouble within 30 days FGD
--------------------------------------------------------------------------------
Maintenance and Repair Process
--------------------------------------------------------------------------------
14. Network Trouble Report Rate
--------------------------------------------------------------------------------
o Network Trouble Report Rate FGD
--------------------------------------------------------------------------------
15. [Intentionally Omitted]
--------------------------------------------------------------------------------
16. Mean Time to Repair
--------------------------------------------------------------------------------
o Mean Time to Repair (Stop Clock) FGD
--------------------------------------------------------------------------------
17. % Out of Service [greater than] 24 Hours
--------------------------------------------------------------------------------
o % Out of Service [greater than] 24 Hours FGD
--------------------------------------------------------------------------------
18. % Repeat Reports within 30 days
--------------------------------------------------------------------------------
o % Repeat Reports within 30 Days FGD
--------------------------------------------------------------------------------
19. % Common Final Trunk Blockage
--------------------------------------------------------------------------------
23
DEFINITIONS
The following definitions apply to the terms used in this Schedule 27.2.
Product Definitions:
--------------------------------------------------------------------------------
Products: Definition:
--------------------------------------------------------------------------------
o POTS services Retail and Resale POTS includes all non-designed
lines/circuits that originate at a customer's
premise and terminate on an OE (switch Office
Equipment). All others are considered specials.
POTS includes Centrex, Basic ISDN and PBX trunks.
--------------------------------------------------------------------------------
UNE POTS includes Basic 2-Wire Analog Loop,
Customer specified signaling loops, Analog Line
Port, and Interim Number Portability. Includes
both new loops and "coordinated cutover" loop
orders. "Coordinated cutover" loops are orders
where a live customer is converted to a CLEC
re-using the outside plant facilities.
Coordination of all parties is necessary to
minimize disruption of service to the end user.
--------------------------------------------------------------------------------
o Special Services Special Services ("Specials") are services or
elements that require design intervention. These
include such services/elements as: high capacity
services (DS1 or DS3), Primary rate ISDN, digital
services, private lines, multiplexing, and
Interoffice Facilities.
--------------------------------------------------------------------------------
o Interconnection Trunks Includes switched local interconnection (message)
trunks carrying traffic between BA and CLEC
offices. Includes End Office and Tandem trunks.
--------------------------------------------------------------------------------
o Number of Installation Total number of "N", "T", or "C" type orders.
Orders These orders include new orders, orders where the
service is moving to a different location, or
changes for existing service.
--------------------------------------------------------------------------------
24
Key Service Quality Measurement Definitions:
--------------------------------------------------------------------------------
Pre-Ordering: .
--------------------------------------------------------------------------------
1. Response Time: Note: All Pre-Order measures are reported on an
aggregated basis and are not CLEC specific. Where
BA uses an access platform and Operations Support
System (OSS) that serve multiple states, BA may
combine measurement data from those states for
this measurement.
"Response time" is defined as the time, in
seconds, that elapses from issuance of a query
request to receipt of a response. For CLECs, this
performance is measured at the ECG access
platform. For BA, this performance is measured
directly to and from the Operations Support System
(OSS). (This measurement does not apply to the
WebGUI interface.)
Methodology: BA to sample ten (10) transactions
per hour per transaction type, for each interface,
from Monday to Friday, 8 a.m. to 5 p.m., via
Sentinel system. Sentinel will replicate the
transaction of a BA service representative going
directly to the OSS as well as a CLEC
representative going to the OSS through ECG.
--------------------------------------------------------------------------------
o Customer Service Record Customer Service Records can range from 1 to about
200 pages.
BA may combine measurement data for PA and DE for
this measurement.
BA may combine measurement data for DC, MD, VA and
WV for this measurement.
--------------------------------------------------------------------------------
o Other Pre-Order Includes the average response time for the
aggregate performance of the following: (1) due
date availability; (2) address validation; (3)
product & service availability; and, (4) telephone
number availability/reservation.
BA may combine measurement data from all BA--South
states (DE, DC, MD, NJ, PA, VA, WV) for this
measurement.
--------------------------------------------------------------------------------
25
Key Service Quality Measurement Definitions:
--------------------------------------------------------------------------------
2. OSS Interface Note: All Pre-Order measures are reported on an
Availability aggregated basis and are not CLEC specific. Where
BA uses an access platform that serves multiple
states, BA may combine measurement data from those
states for this measurement.
Measures the percentage of time the OSS interface
is available compared to scheduled availability.
BA may combine measurement data from all BA--South
states (DE, DC, MD, NJ, PA, VA, (%) WV) for this
measurement.
--------------------------------------------------------------------------------
Ordering:
--------------------------------------------------------------------------------
3. Order Confirmation Timeliness:
--------------------------------------------------------------------------------
o UNE and Resale Average Average response time (in hours) from EDI or
Response Time: Mechanized WebGUI4 receipt of a valid order request to EDI or
Orders WebGUI distribution of service order confirmation.
Hours exclude weekends and holidays. Includes
orders received via EDI or WebGUI that
flow-through to legacy OSS ordering and
provisioning systems. Does not include orders with
negotiated intervals.
--------------------------------------------------------------------------------
o UNE and Resale Average Average response time (in hours) from EDI or
Response Time: Manual Orders WebGUI receipt of a valid order request to EDI or
WebGUI distribution of service order confirmation.
Hours exclude weekends and holidays. Includes
orders received via EDI or WebGUI that require
manual input to legacy OSS ordering and
provisioning systems. Does not include orders with
negotiated intervals.
--------------------------------------------------------------------------------
o Interconnection Trunks Average response time (in days) from receipt of a
valid Access Service Request ("ASR") to
distribution of a Firm Order Confirmation ("FOC").
Hours exclude weekends and holidays. Includes
orders for less than 96 trunks for which
facilities are available. All ASRs must be
electronically transmitted for this measurement to
apply. Does not include orders with negotiated
intervals.
--------------------------------------------------------------------------------
----------
(4) As of the effective date of this Agreement, BA's WebGUI may not be fully
available for use in the BA-South states (DE, DC, MD, NJ, PA, VA, WV).
Accordingly, references in this Schedule 27.2 to BA's WebGUI are to BA's WebGUI
when and to the extent it is available for use by [CLEC].
26
--------------------------------------------------------------------------------
o Interconnection Trunks: % For Interconnection Trunk orders (non-negotiated
[greater than] 10 Days due dates), the percentage of ASRs where the Firm
Order Confirmations are sent more than ten (10)
days after receipt of a valid ASR. Days exclude
weekends and holidays. All ASRs must be
electronically transmitted for this measurement to
apply. Does not include orders with negotiated
intervals.
--------------------------------------------------------------------------------
o Application Date/Time Orders received after 12 Noon Eastern Time will be
considered received the next business day.
--------------------------------------------------------------------------------
27
Key Service Quality Measurement Definitions:
--------------------------------------------------------------------------------
4. Reject Notice Timeliness:
--------------------------------------------------------------------------------
o UNE and Resale Average Average response time (in hours) from EDI or
Response Time - Mechanized WebGUI receipt of an order request to EDI or
WebGUI distribution of reject or query. Hours
exclude weekends and holidays. Includes orders
received via EDI or WebGUI that flow-through to
legacy OSS ordering and provisioning systems. Does
not include orders with negotiated intervals.
--------------------------------------------------------------------------------
o UNE and Resale Average Average response time (in hours) from EDI or
Response Time - Manual WebGUI receipt of a service request to EDI or
WebGUI distribution of reject or query. Includes
orders received via EDI or WebGUI that require
manual input to legacy OSS ordering and
provisioning systems. Does not include orders with
negotiated intervals.
--------------------------------------------------------------------------------
o Interconnection Trunks Average response time (in days) from receipt of an
Access Service Request ("ASR") to distribution of
a reject or query. Hours exclude weekends and
holidays. Includes orders for less than 96 trunks
for which facilities are available. All ASRs must
be electronically transmitted for measurement to
apply. Does not include orders with negotiated
intervals.
This measurement is currently under development
for Network Interconnection Trunks and will be
furnished for Network Interconnection Trunks when
available.
--------------------------------------------------------------------------------
o Interconnection Trunks: % For Interconnection Trunk orders (non-negotiated
[greater than] 10 Days due dates), the percentage of ASRs where the
reject or query is sent more than 10 days after
receipt of an ASR. Days exclude weekends and
holidays. All ASRs must be electronically
transmitted for measurement to apply. Does not
include orders with negotiated intervals.
This measurement is currently under development
for Network Interconnection Trunks and will be
furnished for Network Interconnection Trunks when
available.
--------------------------------------------------------------------------------
o Application Date/Time Orders received after 12 Noon Eastern Time will be
considered received the next business day.
--------------------------------------------------------------------------------
28
--------------------------------------------------------------------------------
5. % Rejects The percent of total orders received that are
rejected or queried by BA.
This measurement is currently under development
for Network Interconnection Trunks and will be
furnished for Network Interconnection Trunks when
available.
--------------------------------------------------------------------------------
6. Timeliness of Completion The average interval (in days) from work
Notification completion to the distribution of the order
completion notification. Under the current
process: UNE non-loop and Resale order completion
notifications are transmitted either
electronically via EDI or WebGUI or via FAX; for
UNE loop orders, measurement is from the turnover
of the loop to telephonic acceptance by the CLEC;
and, for Interconnection Trunks, measurement is
from work completion to telephonic acceptance by
the CLEC at turn-up. Does not include orders with
negotiated intervals.
This measurement is currently under development
for Network Interconnection Trunks and will be
furnished for Network Interconnection Trunks when
available.
--------------------------------------------------------------------------------
7. % Flow Through Orders The percentage of valid orders received via EDI or
WebGUI and processed directly to legacy service
order processor without manual intervention.
Flow-Through measurements are reported on an
aggregated basis and not on a CLEC specific basis.
Where BA uses an access platform and OSS that
serve multiple states, BA may combine measurement
data from those states for this measurement.
--------------------------------------------------------------------------------
Provisioning:
--------------------------------------------------------------------------------
8. Average Interval - Average number of business days between order
Offered application date and committed due date. The
application date is the date that a valid service
request is received. For orders received after 12
Noon Eastern Time the next business day is
considered the application date. Includes "W"
coded orders only. Does not include an order with
a due date that is beyond the standard available
appointment interval. Does not include coordinated
cut-over orders.
--------------------------------------------------------------------------------
29
Key Service Quality Measurement Definitions:
--------------------------------------------------------------------------------
9. Average Interval - Average number of business days between order
Completed application date and actual work completion date.
The application date is the date that a valid
service request is received. Completion date is
the field completion date noted on the Service
Order. Includes "W" coded orders only. Orders
completed late due to a CLEC or CLEC end user
caused delay are excluded from this performance
measure. Does not include an order with a due date
that is beyond the standard available appointment
interval.
--------------------------------------------------------------------------------
10. % Completed within For POTS orders of 1 to 5 lines. The percentage of
5 business days - Total orders completed in 5 business days between order
application date and actual work completion date.
The application date is the date that a valid
service request is received. Includes "W" coded
orders only. Orders completed late due to a CLEC
or CLEC end user caused delay are excluded from
this performance measure. Does not include an
order with a due date that is beyond the standard
available appointment interval. Does not include
coordinated cut-over orders, such as loop or
number portability orders.
--------------------------------------------------------------------------------
11. % Missed Installation Percentage of all orders completed for which there
Appointment - BA - Total was a missed installation appointment caused by
BA. Excludes missed installation appointments
caused by CLEC or end user, including required
access not available during appointment interval.
--------------------------------------------------------------------------------
o % Missed Installation Same as above, for orders that require the
Appointment - Dispatch assignment of loop facilities, switching
office equipment, or both.
--------------------------------------------------------------------------------
o % Missed Installation Same as above, for orders that require
Appointment - No switching translations work only. These
Dispatch are primarily "feature orders".
--------------------------------------------------------------------------------
12. % Missed Installation Percentage of all orders completed for which there
Appointment - Facilities was a missed installation appointment due to lack
of BA facilities.
--------------------------------------------------------------------------------
30
--------------------------------------------------------------------------------
13. % Installation Troubles Percentage of lines/circuits/trunks ordered for
within 30 Days which a Network Trouble (Disposition Codes, 3, 4
and 5) is reported and found within 30 days of
order completion. Excludes subsequent reports
(additional customer calls while the trouble is
pending), Customer Provided Equipment (CPE)
troubles, troubles reported but not found (Found
OK and Test OK), and troubles closed due to
customer action. Trouble reports on unregulated
services, such as Voice Messaging, are excluded.
--------------------------------------------------------------------------------
31
Key Service Quality Measurement Definitions:
--------------------------------------------------------------------------------
Maintenance:
--------------------------------------------------------------------------------
14. Network Trouble Report Total Initial Customer direct or referred Troubles
Rate reported on services by customer, where the
trouble disposition was found to be a network
problem (Disposition Codes 3, 4 and 5), per 100
lines/circuits/trunks in service. Excludes
subsequent reports (additional customer calls
while the trouble is pending), Customer Provided
Equipment (CPE) troubles, troubles reported but
not found (Found OK and Test OK), and troubles
closed due to customer action. Trouble reports on
unregulated services, such as Voice Messaging, are
excluded.
--------------------------------------------------------------------------------
o Trouble Report Rate - Same as above, Disposition Codes 3 (Drop Wire) and
Dispatch 4 (Outside Plant) only. Troubles found to be in
the Outside Plant facilities.
--------------------------------------------------------------------------------
o Trouble Report Rate - Same as above, Disposition Code 5 (Central Office)
No Dispatch only. Troubles found to be within the Central
Office, including translation troubles.
--------------------------------------------------------------------------------
15. % Missed Repair The percentage of Initial Network Trouble Reports
Appointments (Disposition Codes 3, 4 and 5) that are not
repaired and cleared by the time committed.
Excludes subsequent reports (additional customer
calls while the trouble is pending), Customer
Provided Equipment (CPE) troubles, troubles
reported but not found (Found OK and Test OK), and
troubles closed due to customer action. Also
excludes missed repair appointments caused by CLEC
or end user, including required access not
available during appointment interval. Trouble
reports on unregulated services, such as Voice
Messaging, are excluded.
--------------------------------------------------------------------------------
o % Missed Repair Same as above, for troubles where a dispatch was
Appointment - Dispatch required outside of the BA Central Office and the
trouble was found in Outside Plant (Disposition
Codes 3 and 4). Troubles where there was both an
inside and an outside dispatch are included if the
final resolution was a loop trouble.
--------------------------------------------------------------------------------
o % Missed Repair Same as above, for troubles where a dispatch may
Appointment - No have been required outside of the BA Central
Dispatch Office, but the trouble was resolved within the
Central Office. Includes translation type troubles
as well as Central Office type troubles.
--------------------------------------------------------------------------------
32
--------------------------------------------------------------------------------
16. Mean Time to Repair For Initial Customer Trouble Reports found to be
network troubles (Disposition Codes 3, 4 and 5),
the average duration time from trouble receipt to
trouble clearance. Running clock for POTS
troubles. Stop Clock for Specials troubles and
Interconnection Trunk troubles. Excludes
subsequent reports (additional customer calls
while the trouble is pending), Customer Provided
Equipment (CPE) troubles, troubles reported but
not found (Found OK and Test OK), and troubles
closed due to customer action. Trouble reports on
unregulated services, such as Voice Messaging, are
excluded.
--------------------------------------------------------------------------------
17. % Out of Service Network troubles (Disposition Codes 3, 4 and 5)
[greater than] 24 Hours out of service, repaired and cleared more than 24
hours after receipt of a customer trouble report,
as a percentage of total network troubles
(Disposition Codes 3, 4 and 5) out of service. Out
of Service means that there is no dial tone, the
customer cannot call out, or the customer cannot
be called. The Out of Service period commences
when the trouble is entered into BA's designated
trouble reporting interface either directly by the
CLEC or by a BA representative upon notification
by the CLEC. Excludes subsequent reports
(additional customer calls while the trouble is
pending), Customer Provided Equipment (CPE)
troubles, troubles reported but not found (Found
OK and Test OK), troubles closed due to customer
action, and troubles not out of service. Trouble
reports on unregulated services, such as Voice
Messaging, are excluded.
--------------------------------------------------------------------------------
Key Service Quality Measurement Definitions:
33
--------------------------------------------------------------------------------
18. % Repeat Trouble The percentage of network troubles (Disposition
Reports within 30 days Codes 3, 4 and 5) cleared that have an additional
trouble within thirty (30) days for which a
network trouble (Disposition Codes 3, 4 and 5) is
found. A "Repeat Trouble Report" is a trouble on
the same line/circuit/trunk as a previous trouble
reported within the last thirty (30) calendar
days. A trouble report is not treated as a "Repeat
Trouble Report" where the original trouble report
was: trouble that had an originating disposition
code of CPE (customer premises
equipment--disposition codes 12 and 13); trouble
that had an originating disposition code of
Customer Action (disposition code 6); or, trouble
that originally closed as a Front End Close-Out. A
trouble report is also not treated as a "Repeat
Trouble Report" where the repeat report is: a
subsequent report (an additional customer call
while the trouble is pending); customer provided
equipment (CPE) trouble; trouble reported but not
found (Found OK and Test OK); or, trouble closed
due to customer action.
--------------------------------------------------------------------------------
Network Performance:
--------------------------------------------------------------------------------
19. % Common Final Trunk Measures the percentage of BA Common Final Trunk
Blockage Groups that exceed the applicable blocking design
threshold (either B.01 or B.005).
Common Final Trunks: Common Final Trunks carry
local traffic between BA end offices and the BA
Tandem and between BA end offices.
Does not include Common Final Trunks carrying only
IXC traffic.
Blockage: The system used to measure trunk
performance is TNDS (Total Network Data System).
Monthly trunk blockage studies are based on a time
consistent busy hour. The percentage of BA trunk
groups exceeding the applicable blocking design
threshold (either B.01 or B.005) will be reported.
For B.01 design, this is trunk groups exceeding a
threshold of about 3% blocking. For B.005 design,
this is trunk groups exceeding a threshold of
about 2% blocking.
BA may combine measurement data for PA and DE for
this measurement.
--------------------------------------------------------------------------------
34
--------------------------------------------------------------------------------
20. % Dedicated Final Trunk Measures the percentage of BA Dedicated Final
Blockage Trunk Groups that exceed the applicable blocking
design threshold (either B.01 or B.005).
Dedicated Final Trunks: Dedicated final trunk
groups carry local traffic from a BA Access Tandem
to a CLEC switch. A dedicated final trunk group
does not overflow.
Does not include IXC dedicated trunks or Dedicated
Final Trunks carrying only IXC traffic.
Blockage: The system used to measure trunk
performance is TNDS (Total Network Data System).
Monthly trunk blockage studies are based on a time
consistent busy hour. The percentage of BA to CLEC
dedicated final trunk groups exceeding the
applicable blocking design (either B.01 or B.005)
will be reported. For B.01 design, this is trunk
groups exceeding a threshold of about 3% blocking.
For B.005 design, this is trunk groups exceeding a
threshold of about 2% blocking.
BA may combine measurement data for PA and DE for
this measurement.
35
--------------------------------------------------------------------------------
Billing:
--------------------------------------------------------------------------------
21. Timeliness of Daily Measures the number of business days from the
Usage Feed creation of the message to the date that the usage
information is made available to the CLEC on the
daily usage feed. Measured in percentage of usage
records available for transmission in 3, 4, 5, and
8 business days. The measurement includes both UNE
and Resale.
--------------------------------------------------------------------------------
22. Timeliness of Carrier Measures the percentage of carrier bills ready for
Xxxx distribution to the carriers within 10 business
days of the xxxx date. Includes mechanized and
paper carrier CABS bills for both carrier access
and CLECs. Does not include summary bills sent
from XXXX. This is an aggregate measurement and
not CLEC specific.
--------------------------------------------------------------------------------
36
SCHEDULE 27.2
APPENDIX 2
PERFORMANCE METRICS, STANDARDS AND REMEDIES
A. Unbundled Network Elements
1. Ordering and Provisioning
--------------------------------------------------------------------------------
Performance Metric Standard
--------------------------------------------------------------------------------
% Installation Troubles within 30 Days (POTS)
(UNE KSQM 13)(5) Parity
----------
(5) "(UNE KSQM 13)" identifies the Key Service Quality Measurement listed in
Appendix 1 which is the basis for measurement of this Performance Metric.
37
--------------------------------------------------------------------------------
% Installation Troubles within 30 Days (Specials)
(UNE KSQM 13) Parity
--------------------------------------------------------------------------------
2. Maintenance
--------------------------------------------------------------------------------
Performance Metric Standard
--------------------------------------------------------------------------------
Mean Time to Repair - Dispatch (POTS)
(UNE KSQM 16) Parity
--------------------------------------------------------------------------------
Mean Time to Repair - No Dispatch (POTS)
(UNE KSQM 16) Parity
--------------------------------------------------------------------------------
Mean Time to Repair (Specials)
(UNE KSQM 16) Parity
--------------------------------------------------------------------------------
B. Resale Services
1. Ordering and Provisioning
--------------------------------------------------------------------------------
Performance Metric Standard
--------------------------------------------------------------------------------
Average Interval Offered (POTS) - Dispatch
(Resale KSQM 8) Parity
--------------------------------------------------------------------------------
Average Interval Offered (POTS) - No Dispatch
(Resale KSQM 8) Parity
--------------------------------------------------------------------------------
Average Interval Offered (Specials)
(Resale KSQM 8) Parity
--------------------------------------------------------------------------------
Average Interval Completed (POTS) - Dispatch
(Resale KSQM 9) Parity
--------------------------------------------------------------------------------
Average Interval Completed (POTS) - No Dispatch
(Resale KSQM 9) Parity
--------------------------------------------------------------------------------
38
--------------------------------------------------------------------------------
Average Interval Completed (Specials)
(Resale KSQM 9) Parity
--------------------------------------------------------------------------------
% Installation Troubles within 30 Days (POTS)
(Resale KSQM 13) Parity
--------------------------------------------------------------------------------
% Installation Troubles within 30 Days (Specials)
(Resale KSQM 13) Parity
--------------------------------------------------------------------------------
2. Maintenance
--------------------------------------------------------------------------------
Performance Metric Standard
--------------------------------------------------------------------------------
Mean Time to Repair (POTS)
(Resale KSQM 16) Parity
--------------------------------------------------------------------------------
Mean Time to Repair (Specials)
(Resale KSQM 16) Parity
--------------------------------------------------------------------------------
C. Interconnection Trunks
1. Ordering and Provisioning
--------------------------------------------------------------------------------
Performance Metric Standard
--------------------------------------------------------------------------------
FOC Timeliness [greater than or equal
(Network Interconnection Trunks {"IT"} KSQM 3.b) to] 90% in 10 Days
--------------------------------------------------------------------------------
Rejects Timeliness [greater than or equal
(IT KSQM 4.b) to] 90% in 10 Days
--------------------------------------------------------------------------------
Average Interval Offered
(IT KSQM 8) Parity
--------------------------------------------------------------------------------
Average Interval Completed
(IT KSQM 9) Parity
--------------------------------------------------------------------------------
D. Network Performance
1. Final Trunk Group Blocking
--------------------------------------------------------------------------------
Performance Metric Standard
--------------------------------------------------------------------------------
(B.01 Design Standard
or B.005 Design
Dedicated Final Trunk Group Blockage (CLEC Trunks) Standard, as
(IT KSQM 20) applicable)
--------------------------------------------------------------------------------
(B.01 Design Standard
or B.005 Design
Common Final Trunk Group Blockage (Retail Trunks) Standard, as
(IT KSQM 19) applicable)
--------------------------------------------------------------------------------
39
Parity
"Parity" will be determined in accordance with the statistical methodology set
forth in Appendix 4, "Statistical Methodology for Determining 'Parity' Range".
"Parity" for UNE and Resale Services will be based upon a comparison of BA's
performance for the above Performance Metrics with BA's performance for the
appropriate corresponding Retail measurements set forth in Appendix 1, or, in
the absence of appropriate corresponding Retail measurements set forth in
Appendix 1, Retail measurements as reasonably determined and provided by BA.
Definitions, Conditions, Requirements & Exclusions for Appendix 2
See, "UNE Definitions, Conditions, Requirements & Exclusions", "Resale
Definitions, Conditions, Requirements & Exclusions", "Interconnection Trunk
Definitions, Conditions, Requirements & Exclusions", and "Billing Definitions,
Conditions, Requirements & Exclusions", in Appendix 3, which are incorporated
here by reference. As used in this Appendix 2, references to Performance
Measurements in "UNE Definitions, Conditions, Requirements & Exclusions",
"Resale Definitions, Conditions, Requirements & Exclusions", "Interconnection
Trunk Definitions, Conditions, Requirements & Exclusions", and "Billing
Definitions, Conditions, Requirements & Exclusions", in Appendix 3, shall be
deemed to be references to Performance Metrics.
Resale Services
1. Ordering and Provisioning. Average Interval Offered and Average Interval
Completed Performance Measurements do not include orders with negotiated
intervals.
Interconnection Trunks
1. FOC and Rejects measurements apply only to electronically received ASRs.
2. FOC and Rejects measurements apply only to additions to existing trunk
groups, adding less than 96 trunks, with no routing or translations changes.
3. Average Interval Offered measurement comparison is to IXC Feature Group D
switched access trunks provided by BA to IXCs.
4. Average Interval Offered measurement applies only to additions to existing
trunk groups, adding less than 96 trunks, with no routing or translations
changes.
5. Average Interval Completed comparison is to IXC Feature Group D switched
access trunks provided by BA to IXCs.
6. Average Interval Completed measurement applies only to additions to existing
trunk groups, adding less than 96 trunks, with no routing or translations
changes.
40
SCHEDULE 27.2
APPENDIX 3
PERFORMANCE MEASURMENTS, STANDARDS AND REMEDIES
A. Operational Support Systems
1. Performance Category 1 -- OSS Pre-Order Response Time and Availability
-------------------------------------------------------------------------------------
Performance Measurement Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
-------------------------------------------------------------------------------------
Response Time - Customer Service [greater than] 7.0 to 8.5 [less than]
Records 8.5 seconds seconds 7.0 seconds
(OSS KSQM 1.a)(6) difference difference difference
-------------------------------------------------------------------------------------
----------
(6) "(OSS KSQM 1)" identifies the Key Service Quality Measurement listed in
Appendix 1 which is the basis for measurement of this Performance Measurement.
41
-------------------------------------------------------------------------------------
Response Time - Aggregated Other [greater than] 7.0 to 8.5 [less than]
Pre-Order Transactions 8.5 seconds seconds 7.0 seconds
(OSS KSQM 1.b) difference difference difference
-------------------------------------------------------------------------------------
Access Platform Availability (1) [less than] 99 % [greater than
(OSS KSQM 2) Availability or equal to] 99%
Availability
-------------------------------------------------------------------------------------
(1) Excludes (a) scheduled maintenance and (b) unavailability of Operations
Support Systems (e.g., BOSS, Livewire) other than the access platform.
Calculation of Performance Credit:
Total Score:
------------
0 or Greater Points = No Performance Credit
-1 to -2 points = 1 % of OSS Charges for the Measured Calendar Quarter
-3 points = 2 % of OSS Charges for the Measured Calendar Quarter
42
OSS Definitions, Conditions, Requirements & Exclusions:
The following definitions, conditions, requirements and exclusions shall apply.
In addition, all applicable definitions, conditions, requirements and exclusions
set out in other provisions of this Schedule 27.2 shall apply (including, but
not limited to, definitions, conditions, requirements and exclusions, pertaining
to measurements set out in Appendix 1).
Response Time:
1. Performance Measurements and Performance Credits apply only to use of the ECG
gateway or such successor OSS gateway as shall be implemented and designated for
measurement under this Performance Category by BA.
2. Performance Measurements and Performance Credits will be calculated only if
the ECG gateway (or such successor OSS gateway as shall be implemented and
designated for measurement under this Performance Category by BA) has been fully
tested by the Parties and accepted by Covad, and is used by Covad for all
transactions.
3. Performance Measurements apply only to CSR Retrieval and Aggregated Other
Pre-Order Transactions. Aggregated Other Pre-Order Transactions will initially
include Telephone Number Availability and Reservation, and Address Validation.
Product & Service Availability Information and Due Date Availability will be
added in the future.
4. Covad shall provide to BA forecasts of volumes at least six (6) months prior
to the commencement of the measured calendar quarter. Forecasts for UNE and
Resale Services volumes (including both number of orders to be submitted and
number of items of service to be ordered) shall be submitted by Covad for each
month. Forecasts for Interconnection Trunk volumes (including both number of
orders to be submitted and number of items of service to be ordered) shall be
submitted by Covad either (a) for each month or (b) for each quarter, in which
case the quarterly volume will be pro-rated to a monthly volume. If submission
volumes for any one month in a measured calendar quarter vary from forecasted
volumes for such month stated in timely submitted forecasts by more than 15%
(plus or minus), BA may exclude that month from consideration in calculating
Performance Measurements and Performance Credits and determining whether BA is
obligated to take investigative or corrective action under Section 3.3. If Covad
fails to timely provide the forecasts of volumes to BA, BA may exclude
Performance Category 1 and the Performance Measurements in Category 1 from
calculation of Performance Credits and from taking investigative and corrective
action under Section 3.3.
5. When the Covad submitted work load for any one hour in a day is more than
twice (2x) the daily average hour Covad submitted work load,(7)
----------
(7) In calculating "the daily average hour Covad submitted work load", the
"daily" period used for the calculation shall be deemed to be twelve (12) hours
in length.
43
all transactions for that day will be deemed to have at least met "Equals
Standard" ("O" Points).
6. These Performance Measurements are not carrier specific.
Access Platform Availability:
1. This Performance Measurement is not carrier specific. This Performance
Measurement measures the overall availability performance of the OSS access
platform and is not service or function specific.
2. Performance Measurements and Performance Credits will be calculated only if
the ECG gateway (or such successor OSS gateway as shall be implemented and
designated for measurement under this Performance Category by BA) has been fully
tested by the Parties and accepted by Covad, and is used by Covad for all
transactions.
44
B. Unbundled Network Elements:
1. Performance Category 2 - UNE Ordering and Provisioning: (8)
----------
(8) "Performance Category 2 - UNE Ordering and Provisioning" does not include
measurement of Provisioning (measurement of Missed Installation Appointments)
for new 2 - Wire ISDN Digital Grade ULLs (BRI ISDN).
--------------------------------------------------------------------------------------------------------------------------
Performance Measurement Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
--------------------------------------------------------------------------------------------------------------------------
POTS - OC Timeliness: [less than] 10 Lines [less than] 89.5% 89.5 - 90.5% [greater than] 90.5%
(UNE KSQM 3.b) [less than or equal [less than or equal [less than or equal
to] 24 Hours(1) to] 24 Hours(1) to] 24 Hours(1)
--------------------------------------------------------------------------------------------------------------------------
POTS - OC Timeliness: [greater than or equal [less than] 89.5% 89.5 - 90.5% [greater than] 90.5%
to] 10 Lines [less than or equal [less than or equal [less than or equal
(UNE KSQM 3.b) to] 96 Hours(1) to] 96 Hours(1) to] 96 Hours(1)
--------------------------------------------------------------------------------------------------------------------------
POTS - Reject Timeliness: [less than] 10 Lines [less than] 89.5% 89.5 - 90.5% [greater than] 90.5%
(UNE KSQM 4.b) [less than or equal [less than or equal [less than or equal
to] 24 Hours(1) to] 24 Hours(1) to] 24 Hours(1)
--------------------------------------------------------------------------------------------------------------------------
POTS - Reject Timeliness: [greater than or equal [less than] 89.5% 89.5 - 90.5% [greater than] 90.5%
to] 10 Lines [less than or equal [less than or equal [less than or equal
(UNE KSQM 4.b) to] 96 Hours(1) to] 96 Hours(1) to] 96 Hours(1)
--------------------------------------------------------------------------------------------------------------------------
Missed Installation Appointments: Moderate to High Parity (2) Moderate to High
POTS - Dispatch probability less than probability better
(UNE KSQM 11) Parity (2) than Parity (2)
--------------------------------------------------------------------------------------------------------------------------
Missed Installation Appointments: Moderate to High Parity (2) Moderate to High
POTS - No Dispatch probability less than probability better
(UNE KSQM 11) Parity (2) than Parity (2)
--------------------------------------------------------------------------------------------------------------------------
Missed Installation Appointments: Moderate to High Parity (2) Moderate to High
Specials probability less than probability better
(UNE KSQM 11) Parity (2) than Parity (2)
--------------------------------------------------------------------------------------------------------------------------
OC = Order confirmation
(1) Orders received after 12:00 Noon Eastern Time shall have the "clock" start
at 8:00 a.m. on the next business day.
(2) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range". "Parity" will be based upon a comparison of BA's performance for the
above Performance Measurements with BA's performance for the appropriate
corresponding Retail measurements set forth in Appendix 1, or, in the absence of
appropriate corresponding Retail measurements set forth in Appendix 1, Retail
measurements to be reasonably determined and provided by BA.
Calculation of Performance Credit:
Total Score:
------------
0 or Greater Points = No Performance Credits
-1 to -3 points = 5 % of UNE POTS and Specials Non-Recurring Charges for Covad
for the measured calendar quarter times the Missed Installation Factor(1)
-4 to -5 points = 10 % of UNE POTS and Specials Non-Recurring Charges for Covad
for the measured calendar quarter times the Missed Installation Factor(1)
-6 to -7 points = 15 % of UNE POTS and Specials Non-Recurring Charges for Covad
for the measured calendar quarter times the Missed Installation Factor(1)
45
(1) Missed Installation Factor = (Missed Installation Appointments for UNE POTS
and Specials provided by BA to Covad for the measured calendar quarter as a
percentage of Installation Appointments for UNE POTS and Specials provided by BA
to Covad for the measured calendar quarter) - (Missed Installation Appointments
for POTS and Specials provided by BA to BA retail customers for the measured
calendar quarter as a percentage of Installation Appointments for POTS and
Specials provided by BA to BA retail customers for the measured calendar
quarter).
If more than 10% of Covad's orders are rejected or queried by BA, (9) BA shall
not be obligated to calculate this Performance Category, to pay a Performance
Credit in connection with this Performance Category, or to take investigative or
corrective action under Section 3.3 with regard to any Performance Measurement
in this Performance Category.
----------
(9) Orders that are rejected or queried by BA because of a failure in the
operation of a BA ordering system will not be included in calculations to
determine the percentage of Covad's orders that are rejected or queried by BA.
46
2. Category 3 - Provisioning of 2-Wire ISDN Digital Grade ULLs (BRI ISDN) (10)
This section applies to missed installation appointments for orders of new(11)
2-Wire ISDN Digital Grade ULLs (BRI ISDN) as described in Section 11.2.3 of this
Agreement.
------------------------------------------------------------------------------------
Performance Measurement Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
------------------------------------------------------------------------------------
% Missed Installation Moderate to Parity (1) Moderate to
Appointments - Dispatch High High
probability probability
less than better than
Parity(1) Parity(1)
------------------------------------------------------------------------------------
% Missed Installation Moderate to Parity (1) Moderate to
Appointments - No Dispatch High High
probability probability
less than better than
Parity(1) Parity(1)
------------------------------------------------------------------------------------
(1) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range". "Parity" will be based upon a comparison of BA's performance for the
above Performance Measurements with BA's performance for the corresponding BA
retail measurements for orders of new 2-Wire ISDN Digital Grade lines (BRI
ISDN).
----------
(10) BA is currently developing the means to perform the Performance
Measurements listed in this Category 3. BA will take commercially reasonable
efforts to implement performance of these Performance Measurements within a
reasonable period of time. Until BA has implemented its performance of the
Performance Measurements listed in this Performance Category 3, Performance
Category 3 will not apply and BA will not have an obligation to take
investigative or corrective action pursuant to Section 3.3 with regard to the
Performance Measurements listed in Category 3 or to calculate or provide
Performance Credits pursuant to Category 3.
(11) This section does not apply to the cutover of existing 2-Wire ISDN Digital
Grade loops from BA to Covad.
47
Calculation of Performance Credit:
Total Score:
------------
0 or Greater Points = No Performance Credits
-1 point = 2.5 % of Non-Recurring Charges for orders of new 2-Wire
ISDN Digital Grade ULLs (BRI ISDN) provided by BA to Covad for the
measured calendar quarter times the Missed Installation Factor(1)
-2 = 5 % of Non-Recurring Charges for orders of new 2-Wire ISDN
Digital Grade ULLs (BRI ISDN) provided by BA to Covad for the
measured calendar quarter times the Missed Installation Factor(1)
(1) Missed Installation Factor = (Missed Installation Appointments for orders of
new 2-Wire ISDN Digital Grade ULLs (BRI ISDN) provided by BA to Covad for the
measured calendar quarter as a percentage of Installation Appointments for
orders of new 2-Wire ISDN Digital Grade ULLs (BRI ISDN) provided by BA to Covad
for the measured calendar quarter) - (Missed Installation Appointments for
orders of new 2-Wire ISDN Digital Grade lines (BRI ISDN) provided by BA to BA
retail customers for the measured calendar quarter as a percentage of
Installation Appointments for orders of new 2-Wire ISDN Digital Grade lines (BRI
ISDN) provided by BA to BA retail customers for the measured calendar quarter).
48
3. Performance Category 4 - UNE Maintenance:
--------------------------------------------------------------------------------
Performance Measurement Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
--------------------------------------------------------------------------------
POTS: % Out of Service Moderate to Parity (1) Moderate to
[greater than] 24 Hours High High
(UNE KSQM 17) probability probability
less than better than
Parity(1) Parity(1)
--------------------------------------------------------------------------------
SPECIALS: % Out of Service Moderate to Parity (1) Moderate to
[greater than] 24 Hours High High
(UNE KSQM 17) probability probability
less than better than
Parity(1) Parity(1)
--------------------------------------------------------------------------------
POTS: % Repeat Reports Moderate to Parity (1) Moderate to
w/in 30 Days High High
(UNE KSQM 18) probability probability
less than better than
Parity(1) Parity(1)
--------------------------------------------------------------------------------
(1) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range". "Parity" will be based upon a comparison of BA's performance for the
above Performance Measurements with BA's performance for the appropriate
corresponding Retail measurements set forth in Appendix 1, or, in the absence of
appropriate corresponding Retail measurements set forth in Appendix 1, Retail
measurements to be reasonably determined and provided by BA.
Calculation of Performance Credit:
Total Score:
------------
0 or Greater Points = No Performance Credit
-1 point = 2 % of UNE POTS and Specials Recurring Charges for Covad for
the measured calendar quarter times the Lines Out of Service Factor(1)
-2 points = 4 % of UNE POTS and Specials Recurring Charges for Covad for
the measured calendar quarter times the Lines Out of Service Factor(1)
-3 points = 6 % of UNE POTS and Specials Recurring Charges for Covad for
the measured calendar quarter times the Lines Out of Service Factor(1)
(1) Lines Out of Service Factor = (Percentage of Covad UNE POTS and Specials
lines network troubles out of service [greater than] 24 hours - Percentage of BA
retail customer POTS and Specials lines network troubles out of service [greater
than] 24 hours) x (Covad UNE POTS and Specials lines with network troubles out
of service [greater than] 24 hours, as a percentage of the measured calendar
quarter average total Covad UNE POTS and Specials lines in service).
Adjustment of Performance Credit:
In the repair/maintenance function, mutual responsibilities exist. The
responsibility for testing unbundled loops and the identification of a required
dispatch for UNE reside with Covad. Reductions
49
will be made in the Performance Credit if necessary access is not available, or
if a dispatch is made and no trouble is found,(12) or if trouble is found to be
on the Covad customer's side of the network demarcation point (e.g., in premises
wiring or customer premises equipment), at a statistically higher rate than BA
experiences for BA's own retail customers.
-------------------------------------------------------------------------------------
Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
-------------------------------------------------------------------------------------
% No Access Moderate to Parity (1) Moderate to
High High
probability probability
less than better than
Parity(1) Parity(1)
-------------------------------------------------------------------------------------
% Found OK or Trouble Found on Moderate to Parity (1) Moderate to
Customer Premises High High
probability probability
less than better than
Parity(1) Parity(1)
-------------------------------------------------------------------------------------
(1) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range".
Total Score:
------------
0 or Greater Points = No Adjustment to Maintenance Performance Credit
-1 point = 25 % Reduction of Maintenance Performance Credit
-2 points = 50 % Reduction of Maintenance Performance Credit
----------
(12) BA will not include in calculations to determine reductions in the
Performance Credit a dispatch where no trouble is found if a trouble which
should have been found on such dispatch is found on a subsequent dispatch.
50
UNE Definitions, Conditions, Requirements & Exclusions:
The following definitions, conditions, requirements and exclusions shall apply.
In addition, all applicable definitions, conditions, requirements and exclusions
set out in other provisions of this Schedule 27.2 shall apply (including, but
not limited to, definitions, conditions, requirements and exclusions, pertaining
to measurements set out in Appendix 1).
Ordering (OC Timeliness and Reject Timeliness):
1. Unbundled Switching Network Elements are included for measurement after the
establishment of unbundled switching in the switch through the joint
planning/services establishment process.
2. Performance Measurements and Performance Credits will apply only if: (a) EDI
Issue 8 implementing LSOG Issue 2 ordering interface specifications (or such
later ordering interface specifications, supported by BA, as BA shall have made
available for Covad's use) is in place and is being used by Covad for all UNE
ordering which can be performed via EDI; or, (b) BA's WebGUI is in place and
being used by Covad for all UNE ordering which can be performed via BA's WebGUI.
Covad must implement later specifications of EDI and later versions of WebGUI
within 90 days (or such other shorter period as may be required by this
Agreement) after BA has made them available for Covad's use.
3. Covad shall provide to BA forecasts of UNE volumes at least six (6) months
prior to the commencement of the measured calendar quarter. Forecasts for UNE
volumes (including both number of orders to be submitted and number of items of
service to be ordered) shall be submitted by Covad for each month. If submission
volumes for any one month in a measured calendar quarter vary from forecasted
volumes for such month stated in submitted forecasts by more than 15% (plus or
minus), BA may exclude that month from consideration in calculating Performance
Measurements and Performance Credits and determining whether BA is obligated to
take investigative or corrective action under Section 3.3. If Covad fails to
timely provide to BA the forecasts of UNE volumes for UNEs covered by Category
2, BA may exclude Performance Category 2 and the Performance Measurements in
Category 2 from calculation of Performance Credits and from taking investigative
and corrective action under Section 3.3. If Covad fails to timely provide to BA
the forecasts of UNE volumes for UNEs covered by Category 3, BA may exclude
Performance Category 3 and the Performance Measurements in Category 3 from
calculation of Performance Credits and from taking investigative and corrective
action under Section 3.3.
4. When the Covad submitted work load for any one hour in a day is more than
twice (2x) the daily average hour Covad submitted work load,(13) all
transactions for that day will be deemed to have at least met "Equals Standard"
("O" Points).
----------
(13) In calculating "the daily average hour Covad submitted work load", the
"daily" period used for the calculation shall be deemed to be twelve (12) hours
in length.
51
5. OC and Reject Timeliness Performance Measurements do not apply to orders with
negotiated due dates.
Provisioning (Missed Installation Appointments):
1. Covad Missed Installation Appointments do not include appointments missed or
rescheduled due to the delay, act or omission of Covad, Covad's contractors or
vendors,(14) or Covad's customers (including, but not limited to, inability to
access customer interfaces and terminals).
2. If the Expedited Due Dates(15) for UNEs covered by Performance Category 2 for
any one month in a measured calendar quarter exceed 10% of the total
appointments for such UNEs for that month, BA will not be obligated to calculate
Performance Category 2 for that month, or the Performance Measurements in
Performance Category 2 for that month, and may exclude Performance Category 2
for that month, and the Performance Measurements in Performance Category 2 for
that month, from calculation of Performance Credits and from taking
investigative and corrective action under Section 3.3.
If the Expedited Due Dates for UNEs covered by Performance Category 3 for any
one month in a measured calendar quarter exceed 10% of the total appointments
for such UNEs for that month, BA will not be obligated to calculate Performance
Category 3 for that month, or the Performance Measurements in Performance
Category 3 for that month, and may exclude Performance Category 3 for that
month, and the Performance Measurements in Performance Category 3 for that
month, from calculation of Performance Credits and from taking investigative and
corrective action under Section 3.3.
3. Covad Missed Installation Appointments will be included in the computation
only if:
a. Loop Orders:
(i) ANI to Covad telephone number, verification successful from
DEMARC by BA field technician.
(ii) All order information submitted by Covad was valid, accurate
and complete (e.g., street address, end user local contact (LCON),
floor/unit number, appropriate Covad transmission equipment
assignment information).
(iii) Covad and Covad's customer were available and ready for
service at appointed date and time.
(iv) Verifiable Covad dial tone and correct Covad telephone number
at POT bay testable by BA technician, by 8:00 a.m. on the date due
minus one (1) day.
----------
(14) For the purposes of Paragraph 1, above, the phrase "Covad's contractors or
vendors" does not include BA.
(15) An "Expedited Due Date" is any due date with a shorter interval than the
standard interval being offered by BA for the transaction at the time the
transaction is requested.
52
(v) Accurate account and end user information was submitted on the
service request.
(vi) Orders were completed as submitted without cancellation after
Order Confirmation.
(vii) Covad and Covad's customer were available for testing and
cooperative coordination as requested by BA.
(viii) For ISDN loops, copper ISDN loops are available that, without
conditioning, meet BA's technical specifications for ISDN loops.
4. Covad shall provide to BA forecasts of UNE volumes at least six (6) months
prior to the commencement of the measured calendar quarter. Forecasts for UNE
volumes (including both number of orders to be submitted and number of items of
service to be ordered) shall be submitted by Covad for each month. If submission
volumes for any one month in a measured calendar quarter vary from forecasted
volumes for such month stated in submitted forecasts by more than 15% (plus or
minus), BA may exclude that month from consideration in calculating Performance
Measurements and Performance Credits and determining whether BA is obligated to
take investigative or corrective action under Section 3.3. If Covad fails to
timely provide to BA the forecasts of UNE volumes for UNEs covered by Category
2, BA may exclude Performance Category 2 and the Performance Measurements in
Category 2 from calculation of Performance Credits and from taking investigative
and corrective action under Section 3.3. If Covad fails to timely provide to BA
the forecasts of UNE volumes for UNEs covered by Category 3, BA may exclude
Performance Category 3 and the Performance Measurements in Category 3 from
calculation of Performance Credits and from taking investigative and corrective
action under Section 3.3.
5. If more than 10% of Covad's orders in a month fall out of BA's provisioning
systems (i.e., require manual investigation and/or correction), or require
correction of Covad provided information during provisioning, BA may exclude the
Missed Installation Appointments Performance Measurements for that month from
the calculation of calendar quarter Performance Measurements and Performance
Credits.
6. Performance Measurement calculations for provisioning will exclude UNEs
provided pursuant to negotiated installation intervals.
Maintenance:
1. Out of Service Over 24 Hours: Excluded will be reports where access was
required but not available during the first 24 hours.
2. Measured Trouble Reports include those found to be in the Network:
Disposition Codes 03 (Drops), 04 (Loops) and 05 (Inside Central Office).
3. UNE loops that meet the standards identified in appropriate BA unbundled loop
Technical References will not be treated as Out of Service.
4. Covad shall establish a toll free 800 number for BA repair technicians to
call for trouble related questions and trouble closeout.
53
5. The Covad repair center and toll free number must be available 24 hours per
day, seven days per week.
54
C. Resale Services:
1. Performance Category 5 - Resale Services Ordering and Provisioning:
--------------------------------------------------------------------------------------------------------------------------
Performance Measurement Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
--------------------------------------------------------------------------------------------------------------------------
POTS - OC Timeliness: [less than] 10 Lines [less than] 89.5% 89.5 - 90.5% [greater than] 90.5%
(Resale KSQM 3.b) [less than or equal [less than or equal [less than or equal
to] 24 Hours(1) to] 24 Hours(1) to] 24 Hours(1)
--------------------------------------------------------------------------------------------------------------------------
POTS - OC Timeliness: [greater than or equal [less than] 89.5% 89.5 - 90.5% [greater than] 90.5%
to] 10 Lines [less than or equal [less than or equal [less than or equal
(Resale KSQM 3.b) to] 96 Hours(1) to] 96 Hours(1) to] 96 Hours(1)
--------------------------------------------------------------------------------------------------------------------------
POTS - Reject Timeliness: [less than] 10 Lines [less than] 89.5% 89.5 - 90.5% [greater than] 90.5%
(Resale KSQM 4.b) [less than or equal [less than or equal [less than or equal
to] 24 Hours(1) to] 24 Hours(1) to] 24 Hours(1)
--------------------------------------------------------------------------------------------------------------------------
POTS - Reject Timeliness: [greater than or equal [less than] 89.5% 89.5 - 90.5% [greater than] 90.5%
to] 10 Lines [less than or equal [less than or equal [less than or equal
(Resale KSQM 4.b) to] 96 Hours(1) to] 96 Hours(1) to] 96 Hours(1)
--------------------------------------------------------------------------------------------------------------------------
Missed Installation Appointments: Moderate to High Parity (2) Moderate to High
POTS - Dispatch probability less than probability better
(Resale KSQM 11) Parity (2) than Parity (2)
--------------------------------------------------------------------------------------------------------------------------
Missed Installation Appointments: Moderate to High Parity (2) Moderate to High
POTS - No Dispatch probability less than probability better
(Resale KSQM 11) Parity (2) than Parity (2)
--------------------------------------------------------------------------------------------------------------------------
Missed Installation Appointments: Moderate to High Parity (2) Moderate to High
Specials probability less than probability better
(Resale KSQM 11) Parity (2) than Parity (2)
--------------------------------------------------------------------------------------------------------------------------
OC = Order Confirmation
(1) Orders Received after 12:00 Noon Eastern Time will have the "clock" start at
8:00 a.m. on the next business day.
(2) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range". "Parity" will be based upon a comparison of BA's performance for the
above Performance Measurements with BA's performance for the appropriate
corresponding Retail measurements set forth in Appendix 1, or, in the absence of
appropriate corresponding Retail measurements set forth in Appendix 1, Retail
measurements to be reasonably determined and provided by BA.
Calculation of Performance Credit:
Total Score:
------------
0 or Greater Points = No Performance Credit
-1 to -3 points = 5 % of Resale Services Non-Recurring Charges for Covad for the
measured calendar quarter multiplied by the Missed Installation Factor(1)
-4 to -5 points = 10 % of Resale Services Non-Recurring Charges for Covad for
the measured calendar quarter multiplied by the Missed Installation Factor(1)
55
-6 to -7 points = 15 % of Resale Services Non-Recurring Charges for Covad for
the measured calendar quarter multiplied by the Missed Installation Factor(1)
(1) Missed Installation Factor = (Missed Installation Appointments for Resale
Services provided by BA to Covad for the measured calendar quarter as a
percentage of Installation Appointments for Resale Services provided by BA to
Covad for the measured calendar quarter) - (Missed Installation Appointments for
corresponding retail services provided by BA to BA retail customers for the
measured calendar quarter as a percentage of Installation Appointments for
corresponding retail services provided by BA to BA retail customers for the
measured calendar quarter).
If more than 10% of Covad's orders are rejected or queried by BA,(16) BA shall
not be obligated to calculate this Performance Category, to pay a Performance
Credit in connection with this Performance Category, or to take investigative or
corrective action under Section 3.3 with regard to any Performance Measurement
in this Performance Category.
2. Performance Category 6 - Resale Services Maintenance:
--------------------------------------------------------------------------------
Performance Measurement Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
--------------------------------------------------------------------------------
POTS: % Out of Service Moderate to Parity (1) Moderate to
[greater than] 24 Hours High High
(Resale KSQM 17) probability probability
less than better than
Parity(1) Parity(1)
--------------------------------------------------------------------------------
SPECIALS: % Out of Service Moderate to Parity (1) Moderate to
[greater than] 24 Hours High High
(Resale KSQM 17) probability probability
less than better than
Parity(1) Parity(1)
--------------------------------------------------------------------------------
POTS: % Repeat Reports Moderate to Parity (1) Moderate to
w/in 30 Days High High
(Resale KSQM 18) probability probability
less than better than
Parity(1) Parity(1)
--------------------------------------------------------------------------------
(1) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range". "Parity" will be based upon a comparison of BA's performance for the
above Performance Measurements with BA's performance for the corresponding
Retail measurements set forth in Appendix 1, or, in the absence of appropriate
corresponding Retail measurements set forth in Appendix 1, Retail measurements
to be reasonably determined and provided by BA.
Calculation of Performance Credit:
Total Score:
------------
0 or Greater Points = No Performance Credit
----------
(16) Orders that are rejected or queried by BA because of a failure in the
operation of a BA ordering system will not be included in calculations to
determine the percentage of Covad's orders that are rejected or queried by BA.
56
-1 point = 2 % of Resale Services Recurring Charges for Covad for the measured
calendar quarter multiplied by the Lines Out of Service Factor.(1)
-2 points = 4 % of Resale Services Recurring Charges for Covad for the measured
calendar quarter multiplied by the Lines Out of Service Factor.(1)
-3 points = 6 % of Resale Services Recurring Charges for Covad for the measured
calendar quarter multiplied by the Lines Out of Service Factor.(1)
(1) Lines Out of Service Factor = (Percentage of Covad Resale Services POTS and
Specials lines network troubles out of service [greater than] 24 hours -
Percentage of BA retail customer POTS and Specials lines network troubles out of
service [greater than] 24 hours) x (Covad Resale Services POTS and Specials
lines with network troubles out of service [greater than] 24 hours, as a
percentage of the measured calendar quarter average total Covad Resale Services
POTS and Specials lines in service).
Adjustment of Performance Credit:
In the repair function, mutual responsibilities exist. The responsibility for
authorizing a dispatch resides with Covad. Reductions will be made in the
Performance Credit if necessary access is not available, or if a dispatch is
made and no trouble is found,17 or if trouble is found to be on the Covad
customer's side of the network demarcation point (e.g., in premises wiring or
customer premises equipment), at a statistically higher rate than the same
performance that BA experiences for BA's own retail customers.
--------------------------------------------------------------------------------
Equals
Measurement Misses Standard Standard Exceeds Standard
- 1 point 0 points + 1 point
--------------------------------------------------------------------------------
% No Access Rate Moderate to High Parity (1) Moderate to High
probability less than probability better
Parity(1) than Parity(1)
--------------------------------------------------------------------------------
% Found OK or Trouble Moderate to High Parity (1) Moderate to High
Found on Customer probability less than probability better
Premises Parity(1) than Parity(1)
--------------------------------------------------------------------------------
(1) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range".
Total Score:
------------
0 or Greater Points = No Adjustment to Maintenance Performance Credit
-1 point = 25 % Reduction of Maintenance Performance Credit
-2 points = 50 % Reduction of Maintenance Performance Credit
----------
(17) BA will not include in calculations to determine reductions in the
Performance Credit a dispatch where no trouble is found if a trouble which
should have been found on such dispatch is found on a subsequent dispatch.
57
Resale Definitions, Conditions, Requirements & Exclusions:
The following definitions, conditions, requirements and exclusions shall apply.
In addition, all applicable definitions, conditions, requirements and exclusions
set out in other provisions of this Schedule 27.2 shall apply (including, but
not limited to, definitions, conditions, requirements and exclusions, pertaining
to measurements set out in Appendix 1).
Ordering (OC Timeliness and Reject Timeliness):
1. Performance Measurements and Performance Credits will apply only if: (a) EDI
Issue 8 implementing LSOG Issue 2 ordering interface specifications (or such
later ordering interface specifications, supported by BA, as BA shall have made
available for Covad's use) is in place and is being used by Covad for all Resale
Services ordering which can be performed via EDI; or, (b) BA's WebGUI is in
place and being used by Covad for all Resale Services ordering which can be
performed via BA's WebGUI. Covad must implement later specifications of EDI and
later versions of WebGUI within 90 days (or such other shorter period as may be
required by this Agreement) after BA has made them available for Covad's use.
2. Covad shall provide to BA forecasts of Resale Services volumes at least six
(6) months prior to the commencement of the measured calendar quarter. Forecasts
for Resale Services volumes (including both number of orders to be submitted and
number of items of service to be ordered) shall be submitted by Covad for each
month. If submission volumes for any one month in a measured calendar quarter
vary from forecasted volumes for such month stated in submitted forecasts by
more than 15% (plus or minus), BA may exclude that month from consideration in
calculating Performance Measurements and Performance Credits and determining
whether BA is obligated to take investigative or corrective action under Section
3.3. If Covad fails to timely provide the forecasts of Resale Services volumes
to BA, BA may exclude Performance Category 5 and the Performance Measurements in
Category 5 from calculation of Performance Credits and from taking investigative
or corrective action under Section 3.3.
3. When Covad submitted work load for any one hour in a day is more than twice
(2x) the daily average hour Covad submitted work load,(18) all transactions for
that day will be deemed to have at least met "Equals Standard" ("O" Points).
4. OC and Reject Timeliness Performance Measurements do not apply to orders with
negotiated due dates.
----------
(18) In calculating "the daily average hour Covad submitted work load", the
"daily" period used for the calculation shall be deemed to be twelve (12) hours
in length.
58
Provisioning (Missed Installation Appointments):
1. Covad Missed Installation Appointments do not include appointments missed or
rescheduled due to the delay, act or omission of Covad, Covad's contractors or
vendors,(19) or Covad's customers (including, but not limited to, inability to
access interfaces and terminals).
2. If the Expedited Due Dates(20) for any one month in a measured calendar
quarter exceed 10% of the total appointments for that month, BA will not be
obligated to calculate Performance Category 5 for that month, or the Performance
Measurements in Performance Category 5 for that month, and may exclude
Performance Category 5 for that month, and the Performance Measurements in
Performance Category 5 for that month, from calculation of Performance Credits
and from taking investigative or corrective action under Section 3.3.
3. Covad Missed Installation Appointments will be included in the computation
only if:
(a) All order information submitted by Covad was valid (e.g., street
address, end user local contact (LCON), Floor/unit number).
(b) Covad and Covad's customer were available and ready for service at the
appointed date and time. Access to Terminal Equipment was available.
(c) Accurate account and customer information was submitted by Covad.
(d) Orders were completed as submitted without cancellation after Order
Confirmation.
(e) Covad and Covad's customer were available for testing and cooperative
coordination as requested by BA.
4. Covad shall provide to BA forecasts of Resale Services volumes at least six
(6) months prior to the commencement of the measured calendar quarter. Forecasts
for Resale Services volumes (including both number of orders to be submitted and
number of items of service to be ordered) shall be submitted by Covad for each
month. If submission volumes for any one month in a measured calendar quarter
vary from forecasted volumes for such month stated in submitted forecasts by
more than 15% (plus or minus), BA may exclude that month from consideration in
calculating Performance Measurements and Performance Credits and determining
whether BA is obligated to take investigative or corrective action under Section
3.3. If Covad fails to timely provide the forecasts of Resale Services volumes
to BA, BA may exclude Performance Category 5 and the Performance Measurements in
Category 5 from calculation of Performance Credits and from taking investigative
or corrective action under Section 3.3.
5. If more than 10% of Covad's orders in a month fall out of BA's provisioning
systems (i.e., require manual investigation and/or correction), or require
correction of Covad provided information during provisioning, BA may exclude
Missed Installation Appointment Performance Measurements for that month from the
calculation of calendar quarter Performance Measurements and Performance
Credits.
----------
(19) For the purposes of Paragraph 1, above, the phrase "Covad's contractors or
vendors" does not include BA.
(20) An "Expedited Due Date" is any due date with a shorter interval than the
standard interval being offered by BA for the transaction at the time the
transaction is requested.
59
6. Performance Measurement calculations for provisioning will exclude Resale
Services provided pursuant to negotiated installation intervals.
Maintenance:
1. Out of Service Over 24 Hours: Excluded will be reports where access was
required but not available during the first 24 hours.
2. Measured Trouble Reports include those found to be in the Network:
Disposition Codes 03 (Drops), 04 (Loops) and 05 (Inside Central Office).
3. Covad shall establish a toll free 800 number for BA repair technicians to
call for trouble related questions and trouble closeout.
4. The Covad repair center and toll free number must be available 24 hours per
day, seven days per week.
60
D. Interconnection Trunks
1. Performance Category 7 - Interconnection Trunk Provisioning
--------------------------------------------------------------------------------
Performance Measurement Misses Standard Equals Standard Exceeds Standard
-1 Point 0 Points + 1 Point
--------------------------------------------------------------------------------
Provisioning - Missed Moderate to Parity(2) Moderate to
Installation Appointments(1) High High
(IT KSQM 11) probability probability
less than better than
Parity(2) Parity(2)
--------------------------------------------------------------------------------
(1) Orders Received after 12:00 Noon Eastern Time will have the "clock" start at
8:00 a.m. on the next business day.
(2) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range". "Parity" will be based upon a comparison of BA's performance for the
above Performance Measurement with BA's performance for BA IXC Feature Group D
Trunks.
Calculation of Performance Credit:
Total Score:
------------
Score Credit Applied to
----- ------ ----------
0 or greater No Performance Credits
-1 point 10 % Trunk Non-Recurring Charges for
Covad for the measured calendar
quarter
multiplied by the Missed
Installation Factor(3)
(3) Missed Installation Factor = (Missed Covad Trunk Installation Appointments
for the measured calendar quarter as a percentage of Covad Trunk Installation
Appointments for the measured calendar quarter) - (Missed Installation
Appointments for BA IXC Feature Group D Trunks for the measured calendar quarter
as a percentage of BA IXC Feature Group D Trunk Installation Appointments for
the measured calendar quarter).
Adjustment of Performance Credit:
In the provisioning function, mutual responsibilities exist. In addition to
trunks provided by BA to Covad, Covad will provide trunks to BA. If the
percentage of Missed Appointments for trunks ordered by BA from Covad exceeds
the percentage of missed appointments for trunks ordered by Covad from BA
performance, the Performance Credit will be reduced as stated below. (The
percentage missed appointment calculation comparison requires a minimum sample
size of 50 trunks on both sides to be valid.) Covad shall maintain due date
intervals for trunks to be provided by Covad to BA that are no
61
longer than BA's due date intervals for comparable trunks.
Trunks Ordered by BA from Covad
----------------------------------------------------------------------------------------------------------------------------
Measurement 100% reduction in Credit 50% Reduction in Credit
----------------------------------------------------------------------------------------------------------------------------
Provisioning of Trunks for BA by Covad - Missed [greater than] 5 percentage points [greater than] 2 but [less than
Installation Appointments: worse than BA Performance or equal to] 5 percentage points
worse than BA Performance
----------------------------------------------------------------------------------------------------------------------------
2. Performance Category 8 - Interconnection Trunk Maintenance and Repair
----------------------------------------------------------------------------------------------------------------------------
Performance Misses Standard Equals Standard Exceeds Standard
Measurement - 1 point 0 points + 1 point
----------------------------------------------------------------------------------------------------------------------------
% Out of Service [greater than] 24 Hours Moderate to High Parity(1) Moderate to High
(IT KSQM 17) probability less than probability better
Parity(1) than Parity(1)
----------------------------------------------------------------------------------------------------------------------------
(1) "Parity" will be determined in accordance with the statistical methodology
set forth in Appendix 4, "Statistical Methodology for Determining 'Parity'
Range". "Parity" will be based upon a comparison of BA's performance for the
above Performance Measurement with BA's performance for BA IXC Feature Group D
Trunks.
Calculation of Performance Credit:
Total Score:
------------
Score % Credit Applied to
----- -------- ----------
0 or greater No Performance Credits
-1 point $ 1.00 Per DS1 Trunk per Day out Lines Out of Service Factor
of service
(1) Lines Out of Service Factor = (Percentage of Covad Interconnection Trunks
network troubles out of service [greater than] 24 hours - Percentage of BA IXC
Feature Group D Trunks network troubles out of service [greater than] 24 hours)
x (Covad Interconnection Trunks with network troubles out of service [greater
than] 24 hours, as a percentage of the measured calendar quarter average total
Covad Interconnection Trunks in service).
62
Interconnection Trunk Definitions, Conditions, Requirements & Exclusions:
The following definitions, conditions, requirements and exclusions shall apply.
In addition, all applicable definitions, conditions, requirements and exclusions
set out in other provisions of this Schedule 27.2 shall apply (including, but
not limited to, definitions, conditions, requirements and exclusions, pertaining
to measurements set out in Appendix 1).
Provisioning:
1. Performance Measurement calculations for provisioning will be performed only
if for the measured calendar quarter a minimum of 50 trunks was installed by BA
for Covad and a minimum of 100 IXC Feature Group D trunks was installed by BA
for IXCs.
2. Orders must be received electronically, using a BA supported version of BA's
electronic Access Service Request System.
3. Performance Measurement calculations for provisioning will exclude trunks
provided pursuant to negotiated installation intervals.
4. Performance Measurement calculations for provisioning will be based on
comparisons by trunk type (e.g., DS0 with DS0, DS1 with DS1).
5. Covad shall provide to BA forecasts of Interconnection Trunk volumes at least
six (6) months prior to the commencement of the measured calendar quarter.
Forecasts for Interconnection Trunk volumes (including both number of orders to
be submitted and number of items of service to be ordered) shall be submitted by
Covad either (a) for each month or (b) for each quarter, in which case the
quarterly volume will be pro-rated to a monthly volume. If submission volumes
for any one month in a measured calendar quarter vary from forecasted volumes
for such month stated in submitted forecasts by more than 15% (plus or minus),
BA may exclude that month from consideration in calculating Performance
Measurements and Performance Credits and determining whether BA is obligated to
take investigative or corrective action under Section 3.3. If Covad fails to
timely provide the forecasts of volumes to BA, BA may exclude Performance
Category 7 and the Performance Measurements in Category 7 from calculation of
Performance Credits and from taking investigative or corrective action under
Section 3.3.
6. Covad Missed Installation Appointments do not include:
a. Installation Appointments missed or rescheduled due to the delay,
act or omission of Covad, Covad's contractors or vendors,(21) or
Covad's customers.
b. Missed Installation Appointments for Covad installations being made
to rehome trunks or for network grooming.
----------
(21) For the purposes of Paragraph 6, above, the phrase "Covad's contractors or
vendors" does not include BA.
63
7. Covad Missed Installation Appointments will be included in the computation
only if they result in a blockage of traffic that is in excess of standard
design blocking thresholds and that is identified and reported to BA by Covad.
8. Covad Missed Installation Appointments will be included in the computation
only if:
a. All order information submitted by Covad was valid.
b. Covad was prepared to accept the installation of service at the
scheduled time.
c. Orders were completed as submitted without cancellation after order
confirmation.
d. Covad and Covad's customer were available for testing and
cooperative coordination as requested by BA.
9. Covad Missed Installation Appointments include only missed installation
appointments for interconnection trunks used one-way.
Maintenance:
1. This Performance Category will be measured no earlier than completion of the
WFA inventory for Covad and BA trunks and validation of applicable field
procedures.
2. Measured Trouble Reports include those found to be in the Network:
Disposition Codes 04 (Outside Plant) and 05 (Inside Central Office).
3. Applies only to trunks used as per applicable technical specifications.
4. Covad trunks will be included in the computation only if Covad was available
for testing and cooperative coordination if requested by BA.
5. Applies only to trunks where blockage exceeding standard design blocking
thresholds has been identified and reported by Covad.
6. Applies only to interconnection trunks used one-way.
64
E. Billing
1. Performance Category 9 - Timeliness of Daily Usage Feed ("DUF") for UNE
Switching and Resale Services
---------------------------------------------------------------------------------------------------
Performance Measurement Misses Standard Equals Standard Exceeds Standard
- 1 point 0 points + 1 point
---------------------------------------------------------------------------------------------------
Timeliness of Daily [less than] 90% of 90% to 95% of [greater than] 95% of
Usage Feed recorded call events recorded call events recorded call events
(CLEC Billing KSQM 21) in 5 Business Days in 5 Business Days in 5 Business Days
---------------------------------------------------------------------------------------------------
Calculation of Performance Credit
Total Score:
------------
0 or Greater Points = No Performance Credit
-1 point = 0.25 % of DUF Charges (for UNE Switching and Resale Services)
for Covad for the measured calendar quarter.
Billing Definitions, Conditions, Requirements & Exclusions:
The following definitions, conditions, requirements and exclusions shall apply.
In addition, all applicable definitions, conditions, requirements and exclusions
set out in other provisions of this Schedule 27.2 shall apply (including, but
not limited to, definitions, conditions, requirements and exclusions, pertaining
to measurements set out in Appendix 1).
1. UNE usage (Daily Usage Feed) information is limited to only Unbundled
Switching. Measurement with regard to Unbundled Switching will begin no earlier
than 4/1/98.
2. Excluded are delays or failures to provide information provided by third
parties.
3. Excluded are delays or failures to provide information where the cause of the
delay or failure also affects BA's ability to collect and utilize information
for itself.
4. Measurement will be made for lines that have been equipped at Covad's request
to collect daily usage feed information.
65
SCHEDULE 27.2
APPENDIX 4
STATISTICAL METHODOLOGY FOR DETERMINING "PARITY" RANGE
1. For Performance measures where the measure is a yes or no on each measured
item: (e.g., % met or not met):
Measurement Objective:
To determine if the level of service provided to Covad is, on average, similar
to or different from the level of service BA provides to other BA customers.
The following methodology applies to service in which in each instance of its
provision, the outcome can be categorized as a success or a failure (e.g., was
the appointment missed, was a customer's line out of service for more than 24
hours, etc.).
Now, let xij = the ith customers score on service; where
xij = 0 if the outcome is categorized as a success
xij = 1 if the outcome is categorized as a failure
More specifically, let
(SIGMA) x1ij = the number of Covad customers' instances of service
categorized as a failure
The standard of service against which the instances of service to Covad's
customers will be compared is the average of that provided by BA to its own
customers, viz.
P0j = (SIGMA) x0ij where N0j is the number of instances of provision
------------ of service j to BA's customers
N0j
The service index calculated for Covad for service j and which will be compared
against the service standard Poj is given by:
P1j = (SIGMA) x1ij where N1j is the number of instances of provision
------------ of service j to Covad's customers
N1j
It is assumed that N0j will be large relative to N1j ; and that N1j may in fact,
for certain j, be small.
The assumption can be made that the N1j constitutes a sample taken from a larger
population comprised
66
of N0j ; i.e., instances of service provision like those provided to BA
customers. In this case the N1j are not technically a subset (i.e., sample) of
N0j. But for the purposes of the model we assume that if Covad customers are
being treated the same as BA customers, then the distribution of the x0ij and
the x1ij; should be identical, hence our viewing N1j as a sample of N0j.
If such an assumption is correct then the value P1j should be similar to the
value P0j. If it is not correct, then the two values would be expected to be
different with the magnitude of the difference reflecting how different the two
populations are, and by implication, how different the service level to each.
The question that arises is how close must P1j and P0j be to conclude that the
two populations received similar levels of service and how different must they
be to conclude they did not.
If we assume N1j is a sample taken from a universe identical to the BA universe,
then it is possible to derive the distribution of possible values of P1j that
could occur when drawing a sample of size N1j from such a universe. If N1j is
adequately large, (viz., if N1j is greater than 30) these values will follow a
normal distribution and have:
Expected value = E (x) = N1j x P0j
and
the Variance = Var (x) = N1j x P0j (1-P0j)
If the CLEC population is in fact identical (or very nearly so) to the BA
population, then most values of P1j would lie close to P0j, and if the
populations were not identical than most values of P1j would lie further from
P0j with the magnitude of the differences reflecting how different the two
underlying populations are and, by implication, how different the level of
service provided the two populations.
It is possible to evaluate how likely it is that the N0j and the N1j instances
of service are, on average, the same by evaluating how likely it would be by
chance alone to observe a difference as large as the one in fact observed, viz.
P0j - P1j.
67
The procedure for performing this evaluation is as follows:
1. Calculate the BA service standard for service j as follows:
P0j = (SIGMA) x0ij
------------
N0j
2. Calculate the level of service provided to Covad as follows:
P1j = (SIGMA) x1ij
------------
N1j
3. Calculate an index of service level comparability, z, as follows:
z = (P0j-P1j)/[square root](P0j(1-P0j)/N1j)
4. Evaluate the probability of similar or dissimilar services for BA and CLEC
customers as follows:
[less than] -0.83 o Probability is moderate to high that Covad customers are
("Misses more poorly served than BA customers.
Standard")
-0.83 to 0.83 o Probability is weak that Covad customers are more poorly
("Parity") served than BA customers, or the probability is high
that Covad customers are served the same as BA
("Equals customers, or the probability is weak that Covad
Standard") customers are better served than BA customers.
[greater than] 0.83 o Probability is moderate to high that Covad customers are
("Exceeds better served than BA customers.
Standard")
For the purposes of Performance Metrics listed in Appendix 2 to which the
statistical methodology set forth in this Appendix 4, Section 1 is applicable,
and Performance Measurements listed in Appendix 3 to which the statistical
methodology set forth in this Appendix 4, Section 1 is applicable, BA's
performance will be deemed: (a) to have missed or failed to meet the "Parity"
standard ("Misses
68
Standard") if the result is [less than] -0.83 ("Probability is moderate to high
that Covad customers are more poorly served than BA customers"); (b) to have
equaled or met the "Parity" standard ("Equals Standard") if the result is -0.83
to 0.83 (i.e., "Probability is weak that Covad customers are more poorly served
than BA customers, or the probability is high that Covad customers are served
the same as BA customers, or the probability is weak that Covad customers are
better served than BA customers"); or, (c) to have exceeded the "Parity"
standard ("Exceeds Standard") if the result is [greater than] 0.83 ("Probability
is moderate to high that Covad customers are better served than BA customers").
69
2. For Performance measures where the measure is a variable measure: (e.g.,
cycle time):
Measurement Objective:
To determine, for those services for which performance level is measured as an
elapsed time, if the level of service provided to Covad is, on average, similar
to or different from the level of service BA provides to other BA customers.
Methodology:
The following methodology applies to service in which in each instance of its
provision, the outcome is represented as a measurement of an interval of time
(e.g., 10 minutes, 2.5 hours, 3.5 days, etc.). For example, "time to restore
service."
Define the variable X, as duration of interval being measured (e.g., time to
restore service in hours)
Now, let Nj = the number of instances of service j for BA customers
nj = the number of instances of service j for Covad customers
xij = BA's ith customer's score on service j i = 1,2,3...Nj
x'ij = Covad's ith customer's score on service j i = 1,2,3...nj
1. Calculate the average duration for service j for all Xxxx Atlantic customers
as follows:
Average duration of BA customers = [GRAPHIC OMITTED]
2. Calculate the standard deviation of the duration scores on service j for all
BA customers as follows:
Standard deviation of BA customer's scores = [GRAPHIC OMITTED]
70
3. Calculate the average duration for service j for all Covad customers as
follows:
Average duration of Covad customers = [GRAPHIC OMITTED]
4. Calculate an Index of parity:
Having determined the following values:
Nj = the number of instances of service j for BA customers
nj = the number of instances of service j for Covad customers
[GRAPHIC OMITTED] = the average duration for all BA customers
[GRAPHIC OMITTED] = the standard deviation of duration scores for all BA
customers
[GRAPHIC OMITTED] = the average duration for all Covad customers
Derive an index of parity as follows:
Index of Parity = [GRAPHIC OMITTED]
where values of the index less than 0.0 indicate Covad customers are being
serviced on average with less delay (i.e., better) than BA customers, values of
the index greater than 0.0 indicate Covad customers are being serviced on
average with more delay (i.e., worse) than BA customers,
and
where greater absolute values of the index, t, indicate increasingly less
likelihood that the observed differences between Covad and BA customers' is due
to chance variation, or what is called sampling error, and greater likelihood
the difference is due to other than chance factors.
5. Interpret the Index of Parity by referring to the Parity Translation Table
and following these steps:
a. Note the value of nj as determined previously, and calculate the
value nj-1
b. Locate the value of nj-1 in the first column of the parity index
translation table
c. Inspect the ranges of values of t in the row of the table
corresponding to your value of nj-1, locating the range containing
the value of t corresponding to the one you calculated.
d. Look at the top of the column containing the value of t
corresponding to the one you
71
calculated and read the interpretation of the calculated index.
For the purposes of Performance Metrics listed in Appendix 2 to which the
statistical methodology set forth in this Appendix 4, Section 2 is applicable,
and Performance Measurements listed in Appendix 3 to which the statistical
methodology set forth in this Appendix 4, Section 2 is applicable, BA's
performance will be deemed: (a) to have missed or failed to meet the "Parity"
standard ("Misses Standard") if the result as shown on the Parity Translation
Table is "Probability that CLEC customers Serviced worse than BA's Customers is
High" or "Probability that CLEC customers Serviced worse than BA's Customers is
Moderate"; (b) to have equaled or met the "Parity" standard ("Equals Standard")
if the result as shown on the Parity Translation Table is "Probability that CLEC
customers Serviced worse than BA's Customers is Weak", "Probability CLEC & BA
Customers Serviced the Same is High", or "Probability that CLEC Customers
Serviced Better than BA's Customers is Weak"; or, (c) to have exceeded the
"Parity" standard ("Exceeds Standard") if the result as shown on the Parity
Translation Table is "Probability CLEC Customers Serviced Better than BA's
Customers is Moderate" or "Probability that CLEC Customers Serviced Better than
BA's Customers is High").
72
Parity Translation Table
73
EXHIBIT A
XXXX ATLANTIC - PENNSYLVANIA, INC.
DETAILED SCHEDULE OF ITEMIZED CHARGES
A. BA SERVICES, FACILITIES, AND ARRANGEMENTS: 1
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
I. Local Call Termination(2)
Traffic Delivered at BA End Office $.001864/MOU Not Applicable
Traffic Delivered at BA Tandem
$.002902/MOU Not Applicable
----------
(1) Unless a citation is provided to a generally applicable BA tariff, all
listed rates and services available only to Covad when purchasing these services
for use in the provision of Telephone Exchange Service, and apply only to Local
Traffic and local Ancillary Traffic. BA rates and services for use by Covad in
the carriage of Toll Traffic shall be subject to BA's tariffs for Exchange
Access Service. Adherence to these limitations is subject to a reasonable
periodic audit by BA.
As applied to wholesale discount rates, unbundled Network Elements or call
transport and/or termination of Local Traffic purchased for the provision of
Telephone Exchange Service or Exchange Access, the rates and charges set forth
in Exhibit A shall apply until such time as they are replaced by new rates as
may be approved or allowed into effect by the Commission from time to time
pursuant to the FCC Regulations, subject to a stay or other order issued by any
court of competent jurisdiction. At such time(s) as such new rates have been
approved or allowed into effect by the Commission, the Parties shall amend
Exhibit A to reflect the new approved rates.
(2) See note 6 regarding measurement and calculation of local traffic
termination charges.
1
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
II. Unbundled Transport
A. Dedicated Transport
Voice Grade/DS-0 $10.37/Month & Voice Xxxxx/XX-0, XX-0,
$.03/Mile/Month DS-3 & DDS:
$1.05/Service Order,
DS-1 $37.66/Month & $353.70/Initial Facility &
$.66/Mile/Month $24.00/Additional Facility
(if purchased when initial
facility ordered)
DS-3 $526.72/Month &
$18.66/Mile/Month
DDS $10.74/Month &
$.04/Mile /Month
B. Common Transport
Tandem Switching $.000836/MOU Not Applicable
Transport Fixed $.000152/MOU Not Applicable
Transport Per Mile $.000004/MOU Not Applicable
2
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
II. Unbundled Transport (Continued)
C. Entrance Facilities
All:
$1.05/Service Order plus
installation charges for
each initial and
additional facility
purchased at the time of
order:
2Wire Voice Grade Channel Termination $16.78/Month $497.06/Initial &
$289.47/Additional
4Wire Voice Grade Channel Termination $33.76/Month $498.73/Initial &
$290.02/Additional
DS-1 to Voice Grade Multiplexing $77.83/Month $548.06/Initial &
$548.06/Additional
DS-1 Channel Termination $180.59/Month $668.37/Initial &
$331.87/Additional
DS-3 to DS-1 Multiplexing $257.61/Month $548.06/Initial &
$548.06/Additional
DS-3 Channel Termination $1059.65/Month $668.37/Initial &
$331.87/Additional
D. Digital Cross-Connect System
Service Establishment Not Applicable $1890.82
Database Modification Not Applicable $148.68/Modification
Request
Reconfiguration by BA personnel Not Applicable $31.98 Programming
Charge/Half Hour
DS-0 Cross-Connect $20.54/Port/Month $26.17/Port
DS-1 Cross-Connect $71.92/Port/Month $32.71/Port
3
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
II. Unbundled Transport (Continued)
E. Mid-span meet arrangements To be charged in accordance with the
requirements of Section 4.3 of the Agreement
F. Transit Arrangements (for
Interconnections between Covad and
Carriers other than BA)
Tandem Switching $.000836/MOU Per Section II. above and
V., as applicable
Switched Transport $.000152/MOU
$.000004/MOU/Mile
III. Unbundled Switching(3)
A. Local Switching Ports
POTS/PBX/Centrex $2.67/Port/Month $1.05/Service Order Per
Port: $2.97/Installation
$1.32/Disconnect
ISDN (BRI) $10.28/Port/Month $1.05/Service Order Per
Port: $2.97/Installation
$1.32/Disconnect
ISDN (PRI) $135.13/Port/Month $1.05/Service Order Per
Port: $113.36/Installation
$1.32/Disconnect
Public/Semi-Public $3.52/Port/Month $1.05/Service Order
Per Port:
$2.97/Installation
$1.32/Disconnect
DID $5.98/Port/Month $1.05/ Service Order
Per Port:
$692.07/Installation
$1.32/Disconnect
B. Tandem Switching Usage $.0008360/MOU Not Applicable
C. Local Switching Usage
Originating With Vertical Features $.011067/MOU Not Applicable
Terminating With Vertical Features $.006143/MOU Not Applicable
----------
(3) In addition to the recurring and non-recurring rates set forth herein for
unbundled switching elements, BA may levy upon purchaser of such elements any
access charges (or portion thereof) permitted by Applicable Laws.
4
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
IV. Unbundled Loops
POTS (Analog 2-Wire) Density Cell: Service Order: $1.05
1 - $11.52/Month Installation:
2 - $12.71/Month If premises visit not
3 - $16.12/Month required - $2.97 initial
4 - $23.11/Month and each additional loop;
Not Applicable if existing
loop & port together
If premises visit required
- $66.85, initial loop;
$22.59, additional loop
Disconnect:
$1.32 per loop
ISDN Density Cell: Service Order: $1.05
1 - $13.16/Month Installation:
2 - $14.35/Month If premises visit not
3 - $17.75/Month required - $12.91 initial
4 - $24.74/Month and each additional loop;
Not Applicable if existing
loop & port together
If premises visit required
- $76.78, initial loop;
$32.52, additional loop
Disconnect:
$1.32 per loop
5
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
IV. Unbundled Loops (Continued)
Customer Specified Signaling - 2 Wire Density Cell: Service Order: $1.05
1 - $11.52/Month Installation:
2 - $12.71/Month If premises visit not
3 - $16.12/Month required - $2.97 initial
4 - $23.11/Month and each additional loop;
Not Applicable if existing
loop & port together
If premises visit required
- $66.85, initial loop;
$22.59, additional loop
Disconnect:
$1.32 per loop
Coordinated Cutover:
If premises visit not
required - $3.24 per order
If premises visit required
- $12.10 per order
Designed Circuit:
$40.93 per order
6
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
IV. Unbundled Loops (Continued)
Customer Specified Signaling - 4 Wire Density Cell: Service Order: $1.05
1 - $22.40/Month Installation:
2 - $26.36/Month If premises visit not
3 - $33.03/Month required - $2.97 initial
4 - $45.47/Month and each additional loop;
Not Applicable if existing
loop & port together
If premises visit required
- $66.85, initial loop;
$22.59, additional loop
Disconnect:
$1.32 per loop
Coordinated Cutover:
If premises visit not
required - $3.24 per order
If premises visit required
- $12.10 per order
Designed Circuit:
$40.93 per order
7
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
IV. Unbundled Loops (Continued)
DS1 Density Cell: Service Order: $1.05
1 - $132.51/Month Installation:
2 - $139.37/Month If premises visit not
3 - $168.59/Month required - $2.97 initial
4 - $252.46/Month and each additional loop;
Not Applicable if existing
loop & port together
If premises visit required
- $66.85, initial loop;
$22.59, additional loop
Disconnect:
$1.32 per loop
Coordinated Cutover:
If premises visit not
required - $3.24 per order
If premises visit required
- $12.10 per order
Designed Circuit:
$40.93 per order
2 Wire ADSL Loops XXX XXX
2 Wire & 4 Wire HDSL Loops XXX XXX
Distance Extensions for various ULL types XXX XXX
for distances exceeding transmission
characteristics in applicable technical
references.
V. Collocation Cross-Connection
A. Voice Grade Loop
Physical DS0 CO side to equipment $.41/Month Not Applicable
Virtual DS0 with RFT CO side MDF to equipment $1.20/Month Not Applicable
8
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
Virtual DS1 with EDSX (1DS1 + 24 $60.21/Month Both:
DS0's with IDLC) $1.05/Service Order
$544.36/Initial
Virtual DS1 with CFA (24DS0s with IDLA) $44.08/Month Installation &
$210.46/Additional
Installations
9
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
V. Collocation Cross-Connection (Continued)
B. Other
Physical DS3 $84.27/Month
All:
Physical DS1 $15.72/Month $1.05/Service Order
$481.36/Initial
Virtual DS3 $88.81/Month Installation &
$194.71/Additional
Virtual DS1 $16.12/Month Installations
VI. Time and Materials
Special Construction As applicable per BA-PA PUC 1 sec. 9
Service Technician (service work on Not Applicable $1.05/Service Order
unbundled loops outside of the Central $26.24/Premises Visit
Office) $12.10 Labor Charge/
Quarter Hour After First
Quarter Hour
Central Office Technician Not Applicable $1.05/Service Order
$10.42 Labor Charge/
Quarter Hour or Fraction
Thereof
VII. Signaling and Databases
A. STP Port
Termination $640.02/Month $94.15/Port
Access $.47/Mile/Month $1.05/Service Order
$274.06/Initial Facility &
$24.01/Additional Facility
B. 800/888 Database
Basic Query $.000835/Query Not Applicable
Vertical Query $.000343/Query Not Applicable
10
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
VII. Signaling and Databases (Continued)
C. LIDB Validation
LIDB Point Codes Not Applicable $85.84/Point Code
Calling Card $.015542/Query Not Applicable
Billed Number Screening $.015542/Query Not Applicable
Storage of Covad's Data in LIDB Database Not Applicable $1,469.92 Service
Establishment
D. AIN Service Creation (ASC) Service
1. Developmental Charges
Service Establishment Not Applicable $884.08
Service Creation Access Port $123.86/Port/Month Not Applicable
Service Creation Usage
a. Remote Access $1,328.47/Day Not Applicable
b. On-Premise $1,328.47/Day Not Applicable
Certification & Testing $76.99/Hour Not Applicable
Help Desk Support $81.48/Hour Not Applicable
2. Service Charges
Subscription Charge $5.44/Month Not Applicable
Database Queries
a. Network Query $.0007/Query Not Applicable
b. Covad Network Query $.0007/Query Not Applicable
c. Covad Switch Query $.0007/Query Not Applicable
Trigger Charge
a. Line Based $.0010/Query Not Applicable
b. Office Based $.0010/Query Not Applicable
Utilization Element $.0003/Query Not Applicable
Service Activation Charge
a. Network Service Activation Not Applicable $8.37/Service
Activated/Line
b. Covad Network Service Activation Not Applicable $8.37/Service
Activated/Line
c. Covad Switch Service Activation Not Applicable $8.37/Service
Activated/Line
11
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
D. AIN Service Creation (ASC) Service (Continued)
Service Modification
DTMF Update $.1080/Occurrence Not Applicable
Switch Based Announcement $.005/Announcement Not Applicable
VIII. Directory Listings & Books
Primary Listing (on initial UNE service Not Applicable Not Applicable
order). For each residence telephone number,
two (2) listings in the White Page directory
are provided. For each business telephone
number listed (except numbers of Centrex or
Centrex-like services or indialing service
station lines) one (1) listing is provided in
the White Page Directory and one (1) listing
in the Yellow Page directory of the type
provided to BA-PA end user business customers
for which no specific charge applies.
Other Tariffed Listing Services (For listings Retail rates less wholesale discount. For retail
ordered in excess of the primary listings rates see BA-PA tariff No. 1 sec. 5.B.
provided or other listing types, or listings
ordered at a time other than initial UNE
service order, or listings ordered not
associated with a UNE service order.)
Books & delivery (annual home area No charge for normal numbers of books
directories only) delivered to end users; bulk deliveries to
Covad per separate arrangement
12
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
IX. Operator Services/Directory Assistance
Direct Access $.0342/Query $32,135.28/Link &
$15,206.81 Service
Establishment
Directory Assistance $.3664/Call Not Applicable
Directory Transport
Tandem Switching $.000730/Call Not Applicable
Tandem Switched Transport $.000132/Call & Not Applicable
$.000000/Mile/Call
Operator Services - Live $.01280/Operator Work Not Applicable
Second
Operator Services - Automated $.00158/Automated Work Not Applicable
Second
Branding for Directory Assistance and/or Operator Not Applicable $1,358.62/Message
Services
Carrier-to-Carrier LSV/VCI Requests $.01280/Operator Work Not Applicable
Second
13
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
X. Access to Operation Support Systems
A. Pre-Ordering $.22/Query Not Applicable
B. Ordering $3.34/Transaction Not Applicable
C. Provisioning Included in Ordering Not Applicable
D. Maintenance & Repair
1. ECG Access $.22/Query Not Applicable
2. EB/OSI Access $1.16/Trouble Ticket Not Applicable
E. Billing
1. CD-ROM $246.59/CD-ROM Not Applicable
2. Daily Usage File
a. Existing Message Recording $.000258/Message Not Applicable
b. Delivery of DUF
Data Tape $17.18/Tape $61.39/Programming Hour
Network Data Mover $.000094/Message Not Applicable
CMDS $.000094/Message $61.39/Programming Hour
c. DUF Transport
9.6 kb Communications Port $10.24/Month $7,437.36/Port
56 kb Communications Port $28.29/Month $30,778.91/Port
256 kb Communications Port $28.29/Month $51,236.88/Port
T1 Communications Port $359.31/Month $182,827.99/Port
Line Installation Not Applicable $61.39/Programming
Hour/Port
Port Set-up Not Applicable $9.85/Port
Network Control Programming Coding Not Applicable $61.39/Programming
Hour/Port
XI. Exchange Access Service
Interstate Per BA-FCC tariff number 1
Intrastate Per BA-PA tariff number 302
14
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
XII. Number Portability
Interim (using RCF) $1.50/Month/Ported Number $5.00/Service Order
$4.00/Installation/No. at
same location
Permanent Per permanent funding mechanism when established.
Access pass-through to number portability In accordance with Section 14.5 of Agreement
purchaser
XIII. 911/E911
Transport Per section II above.
Data Entry and Maintenance No Charge
XIV. Poles Conduits & ROW Per contract rates pursuant to 47 U.S.C. sec.
224
Illustrative:
Duct: $5.45/Foot/Year
Pole: $3.98/Attachment/Year
XV. Network Interface Device (NID) $.68/Month Not Applicable
XVI. Access to Telephone Numbers (NXX codes issued per No Charge
ICCF Code Administration Guidelines)
XVII. Local Dialing Parity No Charge
XVIII. Customized Routing
To Reseller Platform $.142360/Line/Month $3.84/Line
To BA Platform for Re-Branding $.08330/Call $3.84/Line
Customized Routing Transport Per section II above.
15
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
XIX. Wholesale Discount for Resale of Retail Telecommunications Services(4)
Resale of retail services if Covad provides 20.69%
own operator services platform
Resale of retail services if Covad uses Xxxx 18.43%
Atlantic operator services platform
Pennsylvania Gross Receipts Tax Discount Discount as per BA-PA PUC 1 sec. 1.8.1 tariff.
----------
(4) Excludes telecommunications services designed primarily for wholesale, such
as switched and special exchange access service, and, subject to Section 12 of
the Agreement, the following additional arrangements that are not subject to
resale: limited duration (90 days or less) promotional offerings, public coin
telephone service, and technical and market trials. Taxes shall be collected and
remitted by the reseller and BA in accordance with legal requirements and as
agreed between the Parties. Surcharges (e.g., 911, telecommunications relay
service, universal service fund) shall be collected by the reseller and either
remitted to the recipient agency or NECA, or passed through to BA for remittance
to the recipient agency or NECA, as appropriate and agreed between the Parties.
End user common line charges shall be collected by the reseller and remitted to
BA.
Pending establishment of mechanized billing procedures adapted to resale,
BA will apply the wholesale discount for resale as a "bottom-of-the-xxxx"
discount rate and will utilize a "true-up" process to correct possible
inadvertent application of the wholesale discount to the exclusions identified
herein and to reflect other adjustments as the Companies agree.
16
B. Covad SERVICES, FACILITIES, AND ARRANGEMENTS:
Service or Element Description: Recurring Charges: Non-Recurring Charge:
------------------------------- ------------------ ---------------------
I. Local Call Termination(5)
Traffic Delivered at End Office $.001864/MOU Not Applicable
Traffic Delivered at Tandem
$.002902/MOU Not Applicable
II. Number Portability
Interim $1.50/Month/Ported Number $5.00/Service Order
$4.00/Installation/No. at
same location
Permanent Per permanent funding mechanism when established.
Access pass-through to number portability In accordance with Section 14.5 of Agreement
purchaser
III. Exchange Access Service
Interstate Per Covad FCC exchange access tariff.
Intrastate Per Covad PA tariff exchange access tariff.
IV. Local Dialing Parity No Charge
V. All Other Covad Services Available to BA Available at Covad's tariffed or otherwise
for Purposes of Effectuating Local Exchange generally available rates, not to exceed BA
Competition rates for equivalent services available to
Covad.
VI. Other Services $.03/Call No Charge
Information Service Billing Fee
----------
(5) See note 6 regarding measurement and calculation of local traffic
termination charges.
17
6 LOCAL TRAFFIC TERMINATION RATES
A. Charges by BA
(a) Traffic delivered to BA Access Tandem: $.002902 per mou.
(b) Traffic delivered directly to terminating BA End Office: $.001864
per mou.
B. Charges by Covad
1. Single-tiered interconnection structure:
Covad's rates for the termination of BA's Local Traffic under the
single-tiered interconnection structure shall be recalculated once each
year on each anniversary of the Effective Date (the "Rate Determination
Date"). The methodology for recalculating the rates is as follows:
Access Tandem Minutes = Total minutes of use of Local Traffic
delivered by Covad to BA Access Tandem for most recent billed
quarter.
End Office Minutes = Total minutes of use Local Traffic delivered by
Covad directly to the terminating BA End Office for most recent
billed quarter.
Total Minutes = Total minutes of use of Local Traffic delivered by
Covad to BA for most recent billed quarter.
Covad Charge at the Covad-IP =
(Access Tandem Minutes x $.002902) + (End Office Minutes x $.001864)
--------------------------------------------------------------------
Total Minutes
For the first year after the Effective Date, the Covad charge shall be
calculated based on the traffic data of the quarter immediately preceding
such Effective Date, or if no such traffic exists, on the proportion of
local call termination trunks to BA End Offices and to BA Access Tandems.
2. Multiple-tiered interconnection structure (if offered by Covad to any
carrier)
(a) Local Traffic delivered to Covad Access Tandem: $.002902
(b) Local Traffic delivered to terminating Covad End Office/node:
$.001864
C. Miscellaneous Notes
1. The Covad termination rate under the single-tiered interconnection
structure set forth above is intended to be a Local Traffic termination
rate for Interconnection to the Covad-IP within each LATA that is
reciprocal and equal to the actual rates that will be charged by BA to
Covad under the two-tiered Local Traffic termination rate structure
described above that will apply after the first anniversary of the
Effective Date. The single Covad termination rate is also intended to
provide financial incentives to Covad to deliver traffic directly to BA's
terminating End Offices once Covad's traffic volumes reach an appropriate
threshold.
18
EXHIBIT B
BONA FIDE REQUEST PROCEDURES
1. The following procedures shall apply to any Bona Fide Request submitted by
Covad to BA for: (a) an Interconnection or access to an unbundled Network
Element 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 BA provides to itself at the time of such request,
(c) Collocation at a location other than a BA Central Office, and (d) such
other arrangement, service, or Network Element for which a BFR is required
under the Agreement. Items (a) through (d) above may be referred to
individually as a "BFR Item." The BFR procedures set forth herein do not
apply to those services requested pursuant to Report & Order and Notice of
Proposed Rulemaking 91-141 (rel. October 19, 1992), Paragraph 259 and
Footnote 603 or subsequent orders.
2. A BFR shall be submitted in writing and shall include a technical
description of each requested BFR Item, and a forecast (e.g. volume
requested, locations, dates) for such Item.
3. Covad may cancel a BFR at any time, but shall pay BA's reasonable and
demonstrable costs of processing, implementing the BFR, and/or developing
the BFR Item up to the date of cancellation, and any wind-up costs
resulting therefrom.
4. Within fifteen (15) business days of receipt of the BFR, BA will respond
in one of the following ways:
(a) provide confirmation that the BFR is technically feasible and the
date BA will deliver a price proposal, including a service
description, pricing and an estimated schedule for availability;
(b) request a face-to-face meeting between technical representatives of
both Parties to further explain the request;
(c) inform Covad that BA must do laboratory testing (at Covad's expense)
to determine whether the request is technically feasible;
(d) inform Covad that BA must do field testing (at Covad's expense) to
determine whether the request is technically feasible;
(e) inform Covad that it is necessary for the Parties to undertake a
joint technical/operational field test (at Covad's expense) in order
to determine both technical feasibility and operational cost
impacts; or
(f) provide a written explanation that it is not technically feasible to
comply with the request and/or the BFR Item does not qualify as one
that is required to be
1
provided under the Act.
5. Within ten (10) business days of receiving BA's response from Step 4(c),
4(d), or 4(e), Covad shall:
(a) negotiate a mutually agreeable schedule for BA's testing and agree
to pay BA for the testing costs, in the case of Steps 4(c) or (d);
or
(b) negotiate a mutually agreeable schedule for joint
technical/operational field testing, and agree to pay BA the costs,
in the case of Step 4(e).
6. Within ten (10) days of receiving BA's confirmation (from Step 4(a)),
Covad shall:
(a) accept BA's price proposal date and agree to pay BA the cost of
developing the proposal;
(b) negotiate a different date for BA to deliver the price proposal, and
agree to pay BA the cost of developing the proposal; or
(c) abandon the request.
7. Unless the Parties have agreed to another date, BA will deliver the BFR
Item price proposal to Covad in response to Step 5 or Step 6 as soon as
reasonably practicable, but no later than ninety (90) days from the date
BA provided the price proposal date, unless such delivery is technically
unreasonable given the nature of the BFR. The price proposal shall include
a service description of the BFR Item, the costs, including costs
associated with the development of the BFR Item, and an estimated
availability schedule.
8. Covad accepts BA's price proposal or negotiates mutually acceptable
changes.
9. BA makes the BFR Item available in accordance with Step 7.
10. Unless the Parties otherwise agree, all prices shall be consistent with
the pricing principles of the Act and any applicable FCC or Commission
rules, regulations, or orders.
11. If a Party to a BFR believes that the other Party is not requesting, or
negotiating or processing the BFR in good faith, or disputes a
determination, or price or cost quote, or is failing to act in accordance
with Section 251 of the Act, such Party may seek mediation or arbitration
by the Commission pursuant to Section 252 of the Act.
2
EXHIBIT C
DIRECTORY ASSISTANCE AND INTRALATA
CALL COMPLETION SERVICES AGREEMENT
THIS AGREEMENT is made, effective this _____ day of _____________ 19___,
by and between Xxxx Atlantic - __________________, Inc., (hereinafter referred
to as "Xxxx Atlantic"), a __________________________ corporation, with offices
at _____________________________________, and _______________________________,
hereinafter referred to as "Carrier", a ______________________ corporation with
offices at _______________________________________.
1. SCOPE AND TERM OF AGREEMENT
1.1 Scope This Agreement sets forth the terms and conditions which shall govern
the use of and payment for Directory Assistance (DA) Service and IntraLATA Call
Completion Service (hereinafter collectively referred to as "Services") to be
provided by Xxxx Atlantic, or its affiliated companies, to Carrier. Carrier
shall subscribe to and pay for Services for Carrier's local exchange customers
in the ___________ LATA(s).
1.2 Term The initial term of this Agreement shall be one (1) year and commence
as of 12:01 a.m. on the date first written above. At the end of this initial
term, or any subsequent renewal term, this Agreement shall automatically renew
for an additional period of one (1) year unless either party provides written
notice to the other of its intent to terminate at least three (3) months prior
to the expiration of the then current term.
2. DESCRIPTION OF SERVICES
2.1 Directory Assistance (DA) Service
a) Directory Assistance Service shall consist of 1) directory transport by
Xxxx Atlantic from the point of Xxxx Atlantic's interconnection with Carrier's
trunks to Xxxx Atlantic's designated DA locations, and 2) the provision of
telephone number listings by Xxxx Atlantic operators in response to calls from
Carrier's local exchange customers located in the LATA(s) designated in Section
1.1.
b) A maximum of two requests for telephone numbers will be accepted per DA
call. A "DA call" as used in this Agreement shall mean a call answered by or
forwarded to Xxxx Atlantic, regardless of whether a telephone number is
requested, provided, or available. The listings that will be available to
Carrier's customers are those telephone numbers that are listed in Xxxx
Atlantic's DA records for the LATA(s) designated in Section 1.1.
2.2 IntraLATA Call Completion Service IntraLATA Call Completion Service
consists of the live and automated local and toll call completion services
specified in Appendix B, including the completion of collect, card and
xxxx-to-third party calls; busy line verification; customer requested interrupt;
and other assistance to Carrier's local exchange customers located in the
LATA(s) designated in Section 1.1.
2.3 Branding Branding is a service that permits the Carrier to deliver a
customized announcement to its callers, identifying the Carrier as the customer
service provider. Carrier shall provide the information required by Xxxx
Atlantic to create this announcement. Branding also requires that the Carrier
maintain dedicated trunking arrangements to the designated Xxxx Atlantic DA or
operator switch locations.
2.4 End User Billing Xxxx Atlantic will provide Carrier with unrated EMR records
for use in the billing of Carrier's end users for Services. The rating, billing,
and settlement of end-user charges for the calls are the responsibility of
Carrier.
2.5 Service Methods Xxxx Atlantic agrees to provide Services in accordance with
Xxxx Atlantic's service standards and methods. Xxxx Atlantic will notify Carrier
in writing of any significant policy changes to operator services or directory
assistance standards and methods prior to implementation.
2.6 Customized Service Features and Options Carrier may request custom-designed
service features or optional services to be provided in conjunction with the
Services hereunder. Upon mutual agreement of the parties, such features and
options will be provided pursuant to this Agreement. Xxxx Atlantic, if
requested, shall provide Carrier with an estimate of the charges for such
custom-designed supplements, changes, or options prior to implementation.
3. COMMENCEMENT AND IMPLEMENTATION OF SERVICE
3.1 Required Information Each party shall make good-faith efforts to carry out
its respective responsibilities in meeting a jointly established schedule for
implementation. All records and other required information specified in Appendix
C, as well as a completed Technical Questionnaire, will be furnished by Carrier
at least ninety (90) days prior to the commencement of Services (i.e., the
Cutover Date described in Section 3.2.) Notices of any changes, additions, or
deletions to such records and information shall be provided promptly in writing
by Carrier to Xxxx Atlantic. Xxxx Atlantic will review these change requests and
determine any potential impact on the cutover date. Written confirmation of any
impact will be provided to Carrier.
3.2 Cutover Date The Cutover Date for Service(s) provided under this Agreement
shall be the date on which the Service(s) shall be available to all of Carrier's
local exchange customers in the LATA(s) designated in Section 1.1.
3.3 Service Review Meetings Xxxx Atlantic will meet and confer with Carrier
during the term of this Agreement to review and discuss the Services provided
under this
Agreement. The times for meetings will be established by mutual agreement of the
parties.
4. EQUIPMENT AND FACILITIES
4.1 Xxxx Atlantic will establish and maintain such access equipment and related
facilities as may be necessary to perform the Services under this Agreement,
provided that Carrier furnishes Xxxx Atlantic the information specified in
Appendix C, and any changes in such information, in a timely and accurate
manner. Any additional services that Carrier seeks during the term of this
Agreement will be subject to mutual agreement and the availability of facilities
and equipment.
4.2 Carrier will provide and maintain such equipment within its premises as is
necessary to permit Xxxx Atlantic to perform the agreed-upon Services in
accordance with Xxxx Atlantic standard equipment operation and traffic operation
procedures.
4.3 Carrier Transport and Switched Access Connection
a) Carrier shall, at its expense, arrange for and establish the trunking
and other transport, interface, and signaling arrangements required by Xxxx
Atlantic to provide Services to Carrier. Separate dedicated trunks for each NPA
or LATA may be required. Any trunks or other transport and access that Carrier
obtains from Xxxx Atlantic to deliver Carrier's calls to Xxxx Atlantic shall be
provided pursuant to the applicable tariffs or other contractual arrangements,
and not under this Agreement. Xxxx Atlantic agrees to coordinate the scheduling
of Services to be provided under this Agreement with the scheduling of any
trunking or related services provisioned by Xxxx Atlantic under such tariffs or
other contractual arrangements.
b) Carrier shall specify the number of trunks required for Services.
Carrier must provide trunks with operator services signaling directly to the
locations designated by Xxxx Atlantic. Xxxx Atlantic shall provide Carrier at
least three (3) months advance notice in the event of any change in a designated
location.
5. PAYMENT FOR SERVICES
5.1 Rates Carrier agrees to subscribe to and pay for the Services and options
selected in Appendix A. Carrier shall pay the rates set forth in Appendix A,
subject to such obligations as Xxxx Atlantic may have under the
Telecommunications Act of 1996, and the FCC and state regulations and decisions
thereunder, to set cost-based rates for unbundled network elements.
Specifically, when a regulatory body of competent jurisdiction has duly approved
the rates under which Xxxx Atlantic is required to provide Services to
competitive local exchange carriers (hereinafter referred to as "CLEC rates"),
Xxxx Atlantic shall charge, and Carrier shall pay, such CLEC rates for the
applicable Services.
5.2 Settlements Carrier shall render payment to Xxxx Atlantic net thirty (30)
calendar days from the date of delivery of the Services or from the date of
billing for the Services,
whichever occurs later. Carrier shall pay interest on any amount overdue at the
rate specified for late payments in the Interconnection Agreement between Xxxx
Atlantic and Carrier.
5.3 Billing Disagreements
a) Carrier may, in good faith, dispute part or all of an invoice provided
by Xxxx Atlantic. To dispute an invoice, Carrier must provide Xxxx Atlantic with
a written explanation of the questioned charges for consideration within thirty
(30) days of receipt of the invoice. Xxxx Atlantic will respond to Carrier's
claim within thirty (30) days of receipt of the explanation.
b) The parties agree to negotiate any dispute in good faith to reach a
satisfactory resolution of the dispute no later than ninety (90) days after
Carrier's receipt of the invoice. Carrier shall have no obligation to pay
interest on a disputed amount while a resolution is being negotiated during this
period. In the event that the dispute is not resolved at the account manager
level within forty five (45) days after receipt of Carrier's claim, the parties
agree to submit the dispute to an Intercompany Review Board for resolution. The
Intercompany Review Board shall consist of two representatives from each party
who are authorized to resolve the dispute on behalf of their respective
companies. The Intercompany Review Board shall conduct a joint conference to
review the parties' respective positions and to resolve the dispute.
c) Upon the resolution of the dispute, an appropriate adjustment of
billing shall be made by Xxxx Atlantic. Xxxx Atlantic shall apply any reductions
in the invoiced amount as a credit. Carrier shall promptly pay any amounts the
parties agree are due with interest thereon under Section 5.2 retroactive to the
date of the original invoice. If no resolution is reached within the specified
90-day period, either party may pursue such other remedies and recourse as are
otherwise available under law or this Agreement.
5.4 Taxes The rates specified in this Agreement are exclusive of all taxes,
duties, or similar charges imposed by law. Carrier shall be liable for and shall
reimburse Xxxx Atlantic for any sales, use, excise, or other taxes applicable to
the Services performed under this Agreement.
5.5 Carrier's Customers Carrier shall be responsible for all contacts and
arrangements with its customers concerning the provision and maintenance, and
the billing and collection, of charges for Services furnished to Carrier's
customers.
6. DEFAULTS AND REMEDIES
6.1 Defaults If Carrier defaults in the payment of any amount due hereunder, or
if Xxxx Atlantic materially fails to provide Services as agreed hereunder, and
such default or failure shall continue for thirty (30) days after written notice
thereof, the other party may terminate this Agreement with thirty (30) days
written notice.
6.2 Carrier Remedies In the event that Xxxx Atlantic, through negligence or
willful misconduct, fails to provide the Services selected and contracted for
under this Agreement, Xxxx Atlantic shall pay Carrier for Carrier's direct
damages resulting from such failure, up to an amount not to exceed the charges
payable under this Agreement for the Services affected.
6.3 Discontinuance by Carrier In the event that Carrier discontinues using
Services, either in part or in whole, prior to expiration of the then current
term and such discontinuance is not due to Xxxx Atlantic's material failure to
provide Services, Carrier shall pay Xxxx Atlantic an amount equal to the average
monthly charges for the six-month period immediately preceding the
discontinuance multiplied by the number of months remaining in the then-current
term. If Services have been provided for a period of less than six months,
Carrier shall pay the charges for the month with the highest usage multiplied by
the number of months remaining in the then-current one year term. If Carrier
terminates this Agreement prior to the Cutover Date, Carrier shall pay Xxxx
Atlantic the greater of the following: (i) all reasonable and necessary costs
already incurred by Xxxx Atlantic in preparation for the commencement of
services, or (ii) the sum of fifty thousand dollars ($50,000).
6.4 Other Remedies THE EXTENT OF LIABILITY ARISING UNDER THIS AGREEMENT SHALL BE
LIMITED AS DESCRIBED IN SECTIONS 6.1, 6.2 AND 6.3 ABOVE. IN NO EVENT SHALL
EITHER PARTY BE LIABLE FOR ANY OTHER LOSS, COST, CLAIM, INJURY, LIABILITY, OR
EXPENSE RELATED TO OR ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED
HEREUNDER INCLUDING, BUT NOT LIMITED TO, ANY INCIDENTAL, SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT,
WHETHER RECOVERY IS SOUGHT IN TORT, CONTRACT, OR OTHERWISE, EVEN IF EITHER PARTY
HAD NOTICE OF SUCH DAMAGES.
7. CONFIDENTIAL INFORMATION
7.1 Confidentiality The parties agree that all confidential and proprietary
information that is marked as specified in Section 7.2 and that is disclosed by
either party to the other party for the purposes of this Agreement, including
rates and terms, shall be treated as confidential unless a) such information was
previously or becomes known to the receiving party free of any obligation to
keep it confidential, b) has been or is subsequently made public by the
disclosing party, or c) is required to be disclosed by law. The receiving party
shall not, except in the performance of the Services under this Agreement or
with the express prior written consent of the other party, disclose or permit
access to any confidential information to any other parties. The parties agree
to advise their respective employees, agents, and representatives to take such
action as may be advisable to preserve and protect the confidentiality of such
information.
7.2 Marking of Confidential Information All information the disclosing party
considers proprietary or confidential, if in writing or other tangible form,
shall be conspicuously labeled or marked as "Proprietary" and/or "Confidential"
and, if oral, shall be identified as proprietary at the time of disclosure and
promptly confirmed in writing. Either party shall have the right to correct any
inadvertent failure to designate information as proprietary by written
notification within ten (10) days following disclosure.
8. RELATIONSHIP OF THE PARTIES
8.1 Independent Contractors Xxxx Atlantic and Carrier shall be independent
contractors under this Agreement, and all services under this Agreement shall be
performed by Xxxx Atlantic as an independent contractor and not as an agent of
Carrier.
8.2 Responsibility for Employees and Agents All persons furnished by Xxxx
Atlantic shall be considered solely Xxxx Atlantic's employees or agents, and
Xxxx Atlantic shall be responsible for compliance with all laws, rules, and
regulations relating to such persons including, but not limited to, hours of
labor, working conditions, workers' compensation, payment of wages, benefits,
unemployment, social security and other payroll taxes. Each party's employees
and agents, while on premises of the other, shall comply with all rules and
regulations, including any applicable security procedures and safeguarding of
confidential data.
9. GENERAL CONDITIONS
9.1 Assignment Neither party may assign or delegate its rights and obligations
under this Agreement without the prior written consent of the other party,
except that either party may assign this Agreement, without such consent, to its
parent, affiliate or subsidiary, provided that the assignee has the resources,
legal authority, and ability to perform all terms of this Agreement. Thirty (30)
days advance notice of such assignment shall be provided to the other party.
9.2 Choice of Law The validity, construction and performance of this Agreement
shall be governed by the laws of the State of Delaware.
9.3 Compliance with Laws Each party shall comply with all applicable federal,
state, county and local laws, ordinances, regulation, rules and codes in the
performance of this Agreement. Neither party shall be liable to the other for
termination of this Agreement or any services to be provided hereunder
necessitated by compliance with any law, rule, regulation or court order of a
duly authorized governmental body.
9.4 Contingency Neither party shall be held responsible or liable to the other
for any delay or failure in performance caused by fires, strikes, embargoes,
requirements imposed by Government regulation, civil or military authorities,
act of God or by the public enemy, or other causes beyond the control of Carrier
or Xxxx Atlantic. If such a contingency occurs, the party injured by the other's
inability to perform may: a) terminate the affected
services or part thereof not already rendered; or b) suspend the affected
services or part thereof for the duration of the delaying cause and resume
performance once the delaying causes cease.
9.5 Licenses No licenses, expressed or implied, under any patents, copyrights,
trademarks or other intellectual property rights are granted by Xxxx Atlantic to
Carrier under this Agreement.
9.6 Notices Except as otherwise specified in this Agreement, any notice required
or permitted under this Agreement shall be in writing and shall be given to the
other party at the address designated below by hand delivery, registered
return-receipt requested mail, or nationally recognized courier service:
For Xxxx Atlantic: ____________________________________
____________________________________
____________________________________
____________________________________
For Carrier: ____________________________________
____________________________________
____________________________________
____________________________________
The above addresses may be changed by giving thirty (30) calendar days prior
written notice as prescribed above. Notice shall be deemed to have been given or
made on the date of delivery if received by hand, or express courier, and three
days after delivery to the U.S. Postal Service, if mailed.
9.7 Publicity Xxxx Atlantic and Carrier agree not to publish any advertising,
sales promotions, or press releases that promote or otherwise relate to the
services provided under this Agreement and include the other party's name,
logos, trademarks, or service marks, unless it obtains the other party's prior
written consent, except that either party may disclose the fact that Xxxx
Atlantic provides directory assistance and/or operator services to Carrier
without such prior review or approval.
9.8 Severability If any provision of this Agreement or the application of any
provision shall be held by a tribunal of competent jurisdiction to be contrary
to law or unenforceable, the remaining provisions of this Agreement shall
continue in full force and effect.
9.9 Survival All obligations hereunder, incurred by either Xxxx Atlantic or
Carrier prior to the cancellation, termination, or expiration of this Agreement
shall survive such
cancellation, termination or expiration.
9.10 Captions and Section Headings The captions and section headings in this
Agreement are for convenience only and do not affect the meaning or
interpretation of this Agreement.
9.11 Duplicate Originals This Agreement may be executed separately by the
parties in one or more counterparts. Each duplicate executed shall be deemed an
original, and all together shall constitute one and the same document.
9.12 Entire Agreement The terms and conditions of this Agreement, including the
Appendices attached to this Agreement, constitute the entire Agreement between
Xxxx Atlantic and Carrier relating to the subject matter of this Agreement, and
supersede any and all prior or contemporaneous understandings, promises or
representations, whether written or oral, between the parties relating to the
subject matter of this Agreement. Any waiver, modification or amendment of any
provision of this Agreement, or of any right or remedy hereunder, shall not be
effective unless made in writing and signed by both parties.
IN WITNESS WHEREOF, the parties agree that the effective date of this Agreement
is the date first written above, and each party warrants that it has caused this
Agreement to be signed and delivered by its duly authorized representative.
FOR XXXX ATLANTIC - FOR CARRIER
________________________, INC.
Name: _________________________ Name: _________________________
Title: ________________________ Title: ________________________
Signature: ____________________ Signature: ____________________
Date: _________________________ Date: _________________________
EXHIBIT D
INTRALATA TELECOMMUNICATIONS SERVICES SETTLEMENT AGREEMENT
This Agreement is entered into as of _______________ , 1997, by and
between Xxxx Atlantic - _______________, Inc., a ___________ corporation, with
principal offices located at ______________________________ ("BA-__"), and
___________________________, a ______________ corporation, with principal
offices located at ______________________________________________ ("Carrier").
SECTION I
SCOPE
This Agreement sets forth the terms and conditions for the following:
(a) administering and processing messages in the intraLATA Toll
Originating Responsibility Plan ("ITORP"); and
(b) the settlement of compensation for the following telecommunications
traffic within a BA-__ LATA:
(1) intrastate and interstate intraLATA traffic terminated to
Carrier and originated by an Independent Telephone Company or
wireless carriers that transits the facilities of BA-__ within a
BA-__ LATA, including Message Telecommunications Service and Local
Exchange Service (the "ITORP Transit Service Traffic");
(2) intrastate and interstate intraLATA Message Telecommunications
Service and Local Exchange Service traffic which originates from a
Certified Local Exchange Carrier or Carrier, transits BA-PA's
network and terminates to Carrier, or a wireless carrier or an
Exchange Carrier other than BA-__, which traffic is subject to a
Meet-Point Billing arrangement (the "Meet-Point Transit Service
Traffic");
(3) intraLATA 800/888 Service Traffic; and
(4) intraLATA Alternately Billed Calls billed to a line-based
telephone number within the state where the call is originated.
By way of clarification, this Agreement does not cover the following: (x)
traffic that does not use BA-__ facilities; (y) interLATA traffic; and (z) any
statewide services (whether interLATA or intraLATA) provided entirely by an
Interexchange Carrier such as statewide WATS.
EXHIBIT D
SECTION II
DEFINITIONS
For purposes of this Agreement, the terms set forth below shall have the
following meaning:
A. 800/888 Number Database shall mean the call management service
database that provides POTS telephone number translation or routing
information or both for a given 800/888 telephone number.
B. 800/888 Service Traffic means a toll free call originating with the
Originating Company and billed to the Terminating Company's end
user. 800/888 service MOUs are recorded by the Originating Company
and provided to the Terminating Company so that it can xxxx its end
user(s).
C. Access Tandem shall mean a switching entity that is used to connect
and switch trunk circuits between and among End Offices and between
and among End Office switches and carriers' aggregation points,
points of termination, or points of presence, which entity has
billing and recording capabilities that are used to provide switched
Exchange Access services.
D. Alternately Billed Calls shall mean all intraLATA land-line Collect
Calls, Calling Card Calls and Third-Number Calls that originate and
terminate in the _________ of _____________ and are billed to a
line-based number within the jurisdiction of the __________ of
_____________ serviced by the Billing Company. Alternately Billed
Calls are identified in ITORP reports as "Received Collect/Sent
Collect Calls".
E. Basic 800/888 Number Query shall mean routing information obtained
from an 800/888 Number Database for originating 800/888 calls.
F. Billing Company shall mean the Local Exchange Carrier that provides
the local telephone exchange service for the number to which an
Alternately Billed Call is to be billed.
G. Calling Card Call shall mean a call billed to a pre-assigned end
user line-based billing number, including calls dialed or serviced
by an operator system.
H. Carrier Common Line Facilities means the facilities from the end
user's premises to the End Office used to originate or terminate
Transit Service Traffic and 800/888 Service Traffic. Such carrier
common line facilities are as specified in each party's Exchange
Access Tariff.
2
I. Category 01 shall mean the EMR/billing record for usage charges
applicable to the terminating 800/888 number service subscriber.
J. Category 08 shall mean the EMR/copy record containing the
information necessary for Carrier to xxxx/settle intraLATA
terminating charges with other carriers.
K. Category 11 shall mean the EMR/access record containing information
necessary for Carrier to xxxx/settle interexchange access charges.
L. CCS/SS7 shall mean the Common Channel Signaling/Signaling System 7,
which refers to the packet-switched communication, out-of-band
signaling architecture that allows signaling and voice to be carried
on separate facilities, and thus is a signaling network that is
common to many voice channels. There are two modes of operation
defined for CCS/SS7: database query mode, and trunk signaling mode.
M. Centralized Message Distribution System (CMDS) shall mean the
message processing system which handles the distribution of Message
Records from the Earning Company to the Billing Company.
N. Certified Local Exchange Carrier (CLEC) means a carrier certified by
the ____________ ____________to provide Local Exchange Access
services within the BA-__ operating territory in that state.
O. Collect Call shall mean a non-sent paid call that is billed to the
number receiving the call, including calls dialed or serviced by an
operator system.
P. Discounted Toll Services means services in which the originating end
user is charged a rate less than would normally be assessed for
calls placed to similar points outside the end user's local calling
area.
Q. Earning Company shall mean the Local Exchange Carrier that provides
local telephone exchange service for the number from which an
Alternately Billed Call originates.
R. End Office means the end office switching and end user line
termination facilities used to originate or terminate switched
intraLATA telecommunications services traffic.
S. Exchange means a geographic area established for the furnishing of
local telephone service under a local tariff. It usually embraces a
city, town or village and its
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EXHIBIT D
environs. It consists of one or more wire centers together with the
associated facilities used in furnishing communications service
within the area.
T. Exchange Access means the facilities and services used for the
purpose of originating or terminating interexchange
telecommunications in accordance with the schedule of charges,
regulations and conditions specified in lawfully established
Exchange Access Tariffs.
U. Exchange Access Tariffs means the tariffs lawfully established with
the Federal Communications Commission or the _____________
___________________ by an Exchange Carrier for the provision of
Exchange Access facilities and services.
V. Exchange Carrier shall mean a carrier licensed to provide
telecommunications services between points located in the same
Exchange area.
W. Exchange Message Record (EMR) shall mean the standard used for
exchange of telecommunications message information among Local
Exchange Carriers for billable, non-billable, sample, settlement and
study data. EMR format is described in BR-010-200-010 XXXX Exchange
Message Record, a Xxxx Communications Research, Inc. document that
defines industry standards for Exchange Message Records, which is
hereby incorporated by reference.
X. ITORP Transit Service Traffic shall have the meaning set forth in
Section I above titled "Scope".
Y. Independent Telephone Company shall mean any entity other than BA-__
which, with respect to its operations within the ___________ of
__________________, is an incumbent Local Exchange Carrier.
Z. Inter-Company Net Billing Statement shall mean the separate monthly
financial reports issued by BA-__ under ITORP to the Exchange
Carriers for settlement of amounts owed.
AA. IntraLATA Toll Originating Responsibility Plan (ITORP) shall mean
the information system owned and administered by BA-__ for
calculating charges between BA-__ and Local Exchange Carriers for
termination of intraLATA calls.
BB. Interexchange Carrier (IXC) means a carrier that provides, directly
or indirectly, interLATA or intraLATA telephone toll services.
CC. Local Access and Transport Area (LATA) means a contiguous geographic
area: (1) established before the date of enactment of the
Telecommunications Act of 1996 by BA-__ such that no Exchange area
includes points within more than one
4
EXHIBIT D
metropolitan statistical area, consolidated metropolitan statistical
area, or state, except as expressly permitted under the AT&T Consent
Decree; or (2) established or modified by BA-__ after such date of
enactment and approved by the Federal Communications Commission.
DD. Local Exchange Carrier (LEC) means any person that is engaged in the
provision of Local 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 Telecommunications Act of 1996, except to the extent that the
Federal Communications Commission finds that such service should be
included in the definition of such term.
EE. Local Exchange Service means telecommunications services provided
between points located in the same LATA.
FF. Meet -Point Billing (MPB) means an arrangement whereby two or more
LECs jointly provide to a third party the transport element of a
switched access Local Exchange Service to one of the LECs' End
Office switches, with each LEC receiving an appropriate share of the
transport element revenues as defined by their effective Exchange
Access tariffs.
GG. Meet-Point Transit Service Traffic shall have the meaning set forth
in Section 1, "Scope".
HH. Message Records shall mean the message billing record in Exchange
Message Record format.
II. Message Telecommunications Service (MTS) means message toll
telephone communications, including Discounted Toll Services,
between end users in different Exchange areas, but within the same
LATA, provided in accordance with the schedules of charges,
regulations and conditions specified in lawfully applicable tariffs.
JJ. Minutes of Use (MOU) means the elapsed time in minutes used in the
recording of Transit Service Traffic and 800/888 Service Traffic.
KK. Multiple Xxxx/Single Tariff means the MPB method whereby each LEC
prepares and renders its own Meet Point Xxxx in accordance with its
own tariff(s) for the portion of the jointly-provided Exchange
Access service which the LEC provides.
LL. Multiple Exchange Carrier Access Billing (MECAB) means the document
prepared by the Billing Committee of the Ordering and Billing Forum,
which functions under the auspices of the Carrier Liaison Committee
of the Alliance for
5
EXHIBIT D
Telecommunications Industry Solutions, and published by Bellcore as
Special Report SR-BDS-000983, which document contains the
recommended guidelines for the billing of an Exchange Access service
provided by two or more LECs, or by one LEC in two or more states,
within a single LATA, and is incorporated herein by reference.
MM. Originating Company means the company which originates intraLATA MTS
or Local Exchange Service on its system. (For compensation purposes,
the Originating Company shall be considered the Terminating Company
for 800/888 Service Traffic.)
NN. Terminating Company means the company which terminates intraLATA MTS
or Local Exchange Service on its system where the charges for such
services are collected by the Originating (or Billing) Company. (For
compensation purposes, the Terminating Company shall be considered
the Originating Company for 800/888 Service Traffic.)
OO. Third-Number Call shall mean a call billed to a subscriber's
line-based billing number which is not the number to which the call
either terminates or originates.
PP. Transit Traffic shall refer to both ITORP Transit Service Traffic
and Meet-Point Transit Service Traffic.
QQ. Transiting Company shall mean a Local Exchange Carrier which
transports intraLATA telecommunications traffic on its system
between an Originating Company and a Terminating Company.
RR. Transport Facilities means the facilities from the End Office to a
tandem switching facility used to originate or terminate switched
intraLATA telecommunication services traffic.
SECTION III
SETTLEMENT OF TRANSIT SERVICES
(a) ITORP Transit Service Traffic.
(1) Call Routing and Recording; Billing Percentages. BA-__ will route
ITORP Transit Service Traffic over the combined local and toll trunk groups
between BA-__ and Carrier. BA-__
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EXHIBIT D
and Carrier agree to designate the points of interconnection for the purpose of
terminating ITORP Transit Service Traffic which originates from an Independent
Telephone Company or wireless carrier and terminates to Carrier. Both parties
further agree to develop and file mutually agreed to billing percentages
applicable to ITORP Transit Service Traffic in the National Exchange Carrier
Association F.C.C. Tariff No. 4, which billing percentages shall be calculated
in accordance with ITORP guidelines.
(2) Exchange of Billing Data. The Originating Company will provide to
BA-__ all billing data relating to ITORP Transit Service Traffic for processing
in ITORP within fourteen (14) days from the date the usage occurs (to the extent
usage occurs on any given day) for traffic originating from an Independent
Telephone Company or wireless carrier, which traffic transits BA-PA's facilities
and terminates to Carrier.
(3) Billing. BA-__ will, on behalf of Carrier, bill Exchange Carriers for
intraLATA ITORP Transit Service Traffic, and collect compensation due Carrier
based on Carrier's established and legally-approved tariffed or negotiated rates
utilizing ITORP. The charges set forth in Attachment A, attached hereto and
incorporated herein by reference, shall apply to the billing and collection
services provided by BA-__ to Carrier hereunder. Carrier will record the ITORP
Transit Service Traffic usage at its switch, and shall xxxx BA-__ for this
traffic in accordance with the rates set forth in the Interconnection Agreement
under Section 251 and 252 of the Telecommunications Act of 1996, dated as of
September __, 1996, by and between BA-__ and Carrier.
(b) Meet-Point Transit Service Traffic.
(1) Call Routing and Recording; Billing Percentages. BA-__ and Carrier
will route their respective Meet-Point Transit Service Traffic over the combined
local and toll trunk groups between them. BA-__ and Carrier agree to designate
the points of interconnection for the purpose of terminating Meet-Point Transit
Service Traffic which originates from a CLEC and terminates to Carrier, or
originates from Carrier and terminates to a CLEC, Independent Telephone Company,
or a wireless carrier. Both parties further agree to develop and file mutually
agreed to billing percentages applicable to Meet-Point Transit Service Traffic
in the National Exchange Carrier Association F.C.C. Tariff No. 4, which billing
percentages shall be calculated in accordance with MECAB guidelines.
(i) End Offices Subtending BA-__ Access Tandem. Meet-Point Transit Service
Traffic will be routed over the local and toll interconnection facilities
used to terminate similar traffic directly between BA-__ and Carrier when
the Originating and Terminating Company's End Office switches subtend
BA-PA's Access Tandem. BA-__ will record this traffic at the BA-__ Access
Tandem, and forward the terminating call records to the Terminating
Company for purposes of Meet-Point Billing.
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EXHIBIT D
(ii) End Offices That Do Not Subtend a BA-__ Access Tandem. When the
Originating and/or the Terminating Company's End Office switches do not
subtend BA-PA's Access Tandem, the Meet-Point Transit Service Traffic must
be routed over interconnection facilities other than those used to
terminate intraLATA MTS or Local Exchange Service to BA-PA's end users The
Terminating Company will record this traffic at its Access Tandem and
forward the terminating call records to BA-__ for Meet-Point Billing
purposes.
(iii) Special Access. Upon request, any Meet-Point Service Transit Traffic
may be routed over special access interconnection facilities between
Carrier, on the one hand, and a CLEC, an Independent Telephone Company, or
a wireless carrier, on the other.
(2) Exchange of Billing Data. All billing data exchanged hereunder will be
exchanged on magnetic tape or via electronic data transfer, to be delivered at
the addresses set forth below, using the Electronic Message Record format. BA-__
will provide to Carrier the switched-access detail usage data (category 1101XX
records) on magnetic tape within fourteen (14) days from the date the usage
occurs (to the extent usage occurs on any given day) for traffic originating
from a CLEC, transiting BA-PA's facilities and terminating to Carrier, and
Carrier will provide to BA-__ the switched access summary usage data (category
1150XX records) on a magnetic tape on a monthly basis within fourteen (14) days
of receipt from BA-__ of the switched access detail usage data referenced above.
(3) Billing. BA-__ and Carrier will submit to CLECs separate bills under
their respective tariffs for their portion of jointly-provided Meet-Point
Transit Service Traffic. With respect to Meet-Point Transit Service Traffic,
BA-__ and Carrier will exchange billing data and render bills under Multiple
Xxxx/Single Tariff arrangements in accordance with the applicable terms and
conditions set forth in MECAB.
(4) Addresses. Magnetic tapes to be sent hereunder to Carrier will be sent
to the following address (which address Carrier may change upon prior written
notice to BA-__):
Magnetic tapes to be sent hereunder to BA-__ will be sent to the following
address(es), as appropriate (which address(es) BA-__ may change upon prior
written notice to Carrier):
Xxxx Atlantic
Tape Library
8
EXHIBIT D
0000 Xxxx Xxxxxx Xxxxx
Xxxxxxxxxxx, XX 00000
SECTION V
800/888 SERVICE
800/888 Service Traffic will be exchanged among BA-__, Carrier,
Independent Telephone Companies, CLECs and wireless carriers via CCS/SS7 trunks,
and all will deliver/route these calls as appropriate and provide EMRs to the
Terminating Company to enable it to xxxx its 800/888 service subscriber. These
EMRs will, per industry standards, include the following: Category 01 (800/888
number subscriber billing), Category 08 (copy record/local exchange charges),
and Category 11 (interexchange carriers access records).
(a) Delivery of Translated 800/888 Number Queries and calls over CCS/SS7
links and trunks. BA-__ and Carrier will launch their own Basic 800/888 Number
Query for 800/888 Service Traffic originated in their networks, and route this
traffic to each other, as appropriate, utilizing existing local and toll
interconnection facilities.
(b) Exchange of Records; Compensation. All 800/888 Service Traffic
hereunder shall be subject to the appropriate access charges, as set forth in
the applicable tariffs. In addition, for jointly provided intraLATA 800/888
Service Traffic between two Local Exchange Carriers, the Originating Company is
responsible for billing its tariffed Basic 800/888 Number Query charge to the
Terminating Company. Carrier, when acting as an Originating Company, must submit
to BA-__, via magnetic tape(s) in EMR format, (i) the information necessary to
xxxx/settle intraLATA charges (EMR Category 110125), and (ii) the usage charges
applicable to the terminating 800/888-number service subscriber (EMR Category
010125). In the event any of these records are lost or destroyed, BA-__ and
Carrier will jointly estimate the terminating access charges due to either party
hereunder as follows:
(1) Total the terminating traffic compensation paid with respect to
800/888 Service Traffic to each party hereunder for the most recent
six (6) months period preceding the month covered by the lost or
destroyed tapes.
(2) Divide the total determined in (1) preceding, by 180 days.
(3) Multiply the terminating traffic compensation per day determined in
(2) preceding, by the number of days covered by the lost or
destroyed tapes. The calculated amount will be included as an
adjustment for lost or destroyed tapes in the next Inter-Company Net
Billing Statement.
BA-__ shall have no liability whatsoever with respect to any lost, damaged
or destroyed
9
EXHIBIT D
records submitted hereunder by Carrier.
(c) Settlement. EMR records submitted by Carrier hereunder acting as an
Originating Company, as contemplated in Paragraph (b) above, will be processed
in accordance with ITORP. For purposes of calculating the access charges due
Local Exchange Carriers with respect to 800/888 Service Traffic, the Originating
Company shall be deemed the Terminating Company. Access charges payable
hereunder shall be calculated in accordance with Section VII of this Agreement,
as applicable.
10
EXHIBIT D
SECTION VI
ALTERNATELY BILLED CALLS
(a) Responsibilities of the Billing Company. The Billing Company agrees to
provide the Earning Company with billing services, as specified below, with
respect to Alternately Billed Calls.
(1) Billing. Upon receipt of the appropriate Message Record from CMDS, the
Billing Company shall include this record in the xxxx to be issued to the end
user responsible for payment. The Billing Company shall also submit copies of
these Message Records to BA-__, at least once a month, in order to determine
monthly settlement amounts for both the Billing Company and the Earning Company
which will be reflected in the Inter-Company Net Billing Statement. These
amounts will reflect any and all applicable charges due the Billing Company for
performing billing services hereunder. In addition, as applicable, the
Inter-Company Net Billing Statement will reflect any amounts owed by Carrier to
BA-__ for administering and processing ITORP.
(2) Payment of Amounts Outstanding. Upon receipt of the Inter-Company Net
Billing Statement from BA-__, Carrier shall, within thirty (30) days of invoice,
remit to BA-__ full payment of amounts owed under the Inter-Company Net Billing
Statement.
(b) Responsibilities of the Earning Company. In connection with
Alternately Billed Calls, the Earning Company shall provide Message Records to
the Billing Company on a daily basis to the extent that any usage has been
recorded. These Message Records will be delivered by the Earning Company to the
Billing Company via the CMDS system, unless otherwise agreed to by the parties
hereto.
(c) Fees for Settlement of Alternately Billed Calls. The billing services
provided by the Billing Company to the Earning Company with respect to
Alternately Billed Calls shall be subject to the applicable charges set forth in
Attachment A, which charges will be reflected in the Inter-Company Net Billing
Statement. These charges may be revised upon mutual written agreement of the
parties hereto.
SECTION VII
CALCULATION OF COMPENSATION
BA-__ and Carrier agree to compensate each other with respect to Transit
Services Traffic and 800/888 Service Traffic in accordance with the terms
established below, and the rate elements set forth in Attachments A and B,
attached hereto and incorporated herein by reference.
11
EXHIBIT D
(a) Compensation due to the Terminating/Transiting Company. Compensation
due to the Terminating Company/Transiting Company will be determined separately
for each month as follows:
(1) For Carrier Common Line Facilities provided by the Terminating
Company, an amount calculated as specified for Carrier Common Line Facilities in
the Terminating Company's Exchange Access Tariff. Compensation will be
determined by multiplying a) the Terminating Company's Carrier Common Line rate,
times b) the MOU.
(2) For End Office facilities provided by the Terminating Company, an
amount calculated as specified for End Office facilities in the Terminating
Company's Exchange Access Tariff. Compensation will be determined by multiplying
a) the Terminating Company's appropriate Exchange Access End Office rate
elements, times b) the MOU.
(3) For Transport Facilities, where these facilities are provided by the
Terminating Company, or a Transiting and Terminating Company, an amount
calculated in accordance with the following steps:
(i) Determine the Terminating Company's airline miles from the End
Office which serves the Terminating Company's end user to
either the Terminating Company's Access Tandem switching
facility or the interconnection point with the Transiting
Company(ies).
(ii) Determine the Transiting Company's airlines miles from the
Transiting Company(ies) Access Tandem switching facility to
the interconnection point with the Terminating Company.
(iii) Determine the sum of the total airline miles by adding (i) and
(ii) above.
(iv) Divide the Terminating Company's airline miles determined in
(i) preceding by the total airline miles determined in (iii)
preceding, to determine the ratio of local transport miles
provided by the Terminating Company.
(v) Divide the Transiting Company's airline miles determined in
(ii) preceding by the total airline miles determined in (iii)
preceding, to determine the ratio of local transport miles
provided by the Transiting Company.
(vi) Identify the rates set forth in the Exchange Access Tariff for
either the Terminating Company or Transiting Companies, or
both, as appropriate, which rates are applicable to Transport
Facilities.
(vii) Multiply the ratio determined in (iv) preceding, times the
rate calculated in
12
EXHIBIT D
(vi) preceding, times the MOU, and add the amount set forth
in (ix) below to determine the amount due the Terminating
Company.
(viii) Multiply the ratio determined in (v) preceding, times the
rate calculated in (vi) preceding, times the MOU, and add the
amount set forth in (ix) below to determine the amount due
the Transiting Company.
(ix) To the extent the Exchange Access Tariffs of the Terminating
or Transiting Company, or both, provide for the payment of a
fixed transport charge to be assessed with respect to a
terminating location (End Office or toll switch), multiply
this charge times the chargeable MOU.
SECTION VIII
ITORP ADMINISTRATION AND RESPONSIBILITIES
(a) Responsibilities of BA-__. BA-__ shall:
1. Operate and maintain the ITORP system.
2. Provide the requirements and standards for ITORP records and
tapes (ITORP User Guide).
3. Inform Carrier of any proposed change in tape creation or
distribution process at least sixty (60) days prior to the
actual implementation of the change.
4. Develop and implement all system enhancements required to
maintain the integrity of BA-PA's ITORP system.
5. Process ITORP tapes received from Carrier, or its agent,
during the next available billing cycle.
6. Review and analyze daily pre-edit reports to determine if a
tape is acceptable for ITORP processing; provided, however,
that Carrier is not absolved, as the Originating Company,
from its responsibility to conform to ITORP input
requirements.
7. Communicate with Carrier, or its agent, to resolve the
problems with tapes which are identified as being
unacceptable for ITORP processing.
8. Create and/or maintain all ITORP tables.
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EXHIBIT D
9. Include the monthly compensation due to and from Carrier as
identified by ITORP on the Inter-Company Net Billing
Statement. The compensation includes 800/888 Service Traffic
and Alternately Billed Services traffic.
10. Settle with all local Exchange Carriers, via the Inter-Company
Net Billing Statement, for 800/888 Service Traffic and
Alternately Billed Services traffic originating from and/or
terminating to Carrier.
11. Distribute monthly ITORP reports.
(b) Responsibilities of Carrier. Carrier shall:
1. Compensate BA-__ for the administration and processing of
ITORP as specified in Attachment A.
2. Notify BA-__ Exchange Carrier Services staff in writing of any
changes in its rates affecting ITORP tables, as specified in
Attachment A, thirty (30) days prior to the effective date of
any such changes.
3. Notify BA-__ Exchange Carrier Services staff in writing of any
network changes, such as changes in traffic routing, sixty
(60) days prior to the implementation of the change in the
network.
4. Conform to BA-__'s ITORP record requirements and standards.
5. Carrier or its designated agent will forward the Exchange
Message Records to BA-__, in a timely manner for processing.
6. Inform the BA-__ Exchange Carrier Services staff in writing of
any proposed changes in the Exchange Message Record creation
or distribution process at least sixty (60) days prior to the
actual implementation of the change.
7. Reimburse BA-__ for compensating other local Exchange Carriers
on behalf of Carrier, as reflected in the Inter-Company Net
Billing Statement.
(c) Fees. Compensation for the administration and processing of ITORP will
be due BA-__ on a monthly basis, based on the number of messages processed in
ITORP for Carrier at an average total cost per message. The processing and
administrative fees applicable on a per message basis are set forth in
Attachment A. These fees may be revised by BA-__, at its discretion and upon
notice to Carrier, based on annual studies conducted by BA-__, and Carrier
14
EXHIBIT D
hereby agrees to be bound by such revised rates. A minimum monthly fee, as
specified in Attachment A, will be assessed when Carrier's monthly ITORP
processing charges are below the stated minimum monthly charge.
SECTION IX
LIABILITIES
In the event of an error on the part of BA-__ in calculating or settling
any compensation amounts hereunder, Carrier's sole remedy and BA-PA's only
obligation shall be to re-calculate the compensation amount, and to the extent
any amounts are owed to or owed by Carrier, such amounts will be reflected as an
adjustment in the next Inter-Company Net Billing Statement. In addition and to
the extent applicable, BA-PA's liability under this Agreement and/or in
connection with the settlement, payment and/or calculation of any amounts due
hereunder shall be limited as set forth in the applicable tariffs. BA-__ shall
have no obligation or liability with respect to any billing, settlement or
calculation-of-compensation errors or omissions, including without limitation
the duty to re-calculate any compensation amounts reflected in the Inter-Company
Net Billing Statement, if such error or omission occurred more than two (2)
years prior to the time in which it is brought to BA-PA's attention in writing.
Without limiting the foregoing, in no event shall either party hereto be liable
for consequential, incidental, special or indirect damages (including without
limitation loss of profit or business) hereunder whether such damages are based
in tort (including, without limitation, under any theory of negligence),
contract breach or otherwise, and even if said party knew or should have known
of the possibility thereof.
SECTION X
RELATIONSHIP OF THE PARTIES
Nothing herein contained will be deemed to constitute a partnership or
agency relationship between the parties. Each party agrees that it will perform
its obligations hereunder as an independent contractor and not as the agent,
employee or servant of the other party. Neither party nor any personnel
furnished by such party will be deemed employees or agents of the other party or
entitled to any benefits available under any plans for such other party's
employees. Each party has and hereby retains the right to exercise full control
of and supervision over its own performance of the obligations under this
Agreement, and retains full control over the employment, direction, compensation
and discharge of all employees assisting in the performance of such obligations,
including without limitation all matters relating to payment of such employees,
including compliance with social security taxes, withholding taxes and all other
regulations governing such matters. In addition, each party will be responsible
for its own acts and those of its own subordinates, employees, agents and
subcontractors during the performance of that party's obligations hereunder.
15
EXHIBIT D
SECTION XI
TERM AND TERMINATION
(a) Term - Upon execution by all parties hereto, this Agreement shall
become effective as of the date first shown on Page 1 of this Agreement, and
shall remain in effect until terminated by either party in accordance with
paragraphs (b), (c), (d), or (e) below.
(b) Termination for Breach - Either party may, upon prior written notice
to the other party, terminate this Agreement in the event the other party is in
default or breach of this Agreement and such breach or default is not corrected
within thirty (30) days after the breaching party has been notified of same.
(c) Termination for Convenience - Upon six (6) months written advance
notice to the other party, either party may terminate this Agreement.
(d) Acts of Insolvency - Either party may terminate this Agreement or any
portion thereof, effective immediately, by written notice to the other party, if
said other party (1) applies for or consents to the appointment of or the taking
of possession by receiver, custodian, trustee, or liquidator of itself or of all
or a substantial part of its property; (2) becomes insolvent; (3) makes a
general assignment for the benefit of creditors; (4) suffers or permits the
appointment of a receiver for its business or assets; (5) becomes subject to any
proceeding under any bankruptcy or insolvency law whether domestic or foreign,
voluntarily or otherwise; or (6) fails to contest in a timely or appropriate
manner, or acquiesces in writing to, any petition filed against it in an
involuntary case under the Federal Bankruptcy Code or any application for the
appointment of a receiver, custodian, trustee, or liquidation of itself or of
all or a substantial part of its property, or its reorganization, or
dissolution.
(e) Termination of Interconnection Agreement. Unless otherwise agreed to
by the parties hereto in writing, in the event that the Interconnection
Agreement under Sections 251 and 252 of the Telecommunications Act of 1996,
dated as of December __, 1996, by and between BA-__ and Carrier expires without
being renewed, or expires or is terminated and no other interconnection
agreement has been entered into by BA-__ and Carrier, then this Agreement shall
be deemed terminated effective on the date the aforesaid Interconnection
Agreement expires or is terminated.
SECTION XII
NETWORK CONFIGURATION
Each party shall provide six (6) months advance written notice to the
other party of any network configuration that may affect any of the services or
compensation contemplated under this Agreement, and the parties hereto agree to
use reasonable efforts to avoid service
16
EXHIBIT D
interruptions during any such network change.
SECTION XIII
CONSTRUCTION AND EFFECT
All services contemplated under this Agreement are provided in accordance
with any and all applicable regulatory requirements and effective tariffs filed
with and approved by the appropriate federal and/or state regulatory bodies, as
these tariffs and requirements may be modified from time to time. To the extent
there is a conflict between the terms of any said tariff or regulatory
requirement and this Agreement, the terms of the tariff or the regulatory
requirement shall prevail. However, to the extent not in conflict with the
provisions of the applicable tariffs or regulatory requirements, this Agreement
shall supplement the tariffs or regulatory requirements, and it shall be
construed to the fullest extent possible in harmony with such tariffs or
regulatory requirements.
SECTION XIII
MISCELLANEOUS
(a) Headings. Headings used in this Agreement are for reference only, do
not constitute part of this Agreement, and shall not be deemed to limit or
otherwise affect any of the provisions hereof.
(b) Notices. All notices, requests, demands, or other communications
required or permitted hereunder shall be in writing, shall be deemed delivered
(1) on the date of delivery when delivered by hand, (2) on the date of
transmission when sent by electronic mail or facsimile transmission during
normal business hours with telephone confirmation of receipt, (3) one (1) day
after dispatch when sent by overnight courier maintaining records of receipt, or
(4) three (3) days after dispatch when sent by registered mail, postage prepaid,
return-receipt requested, all addressed as follows (or at such other addresses
as shall be given in writing by either party to their other):
If to BA-__: Address: 0000 X. Xxxxx Xxxxx Xxxx, 0xx Xxxxx
Xxxxxxxxx, XX 00000
Attn.: Manager-Local Interconnection
Facsimile: 000 000 0000
Telephone: 000 000 0000
If to Carrier: Address:
Attn:
17
EXHIBIT D
Facsimile:
Telephone:
(c) Successors; Assignment. This Agreement and all of the provisions
hereof shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and permitted assigns, and nothing herein shall be
construed to create any rights enforceable by any other person or third party.
This Agreement may not be assigned by either party (except by BA-__ to an
affiliate or successor in interest) without the prior written consent of the
other party, which consent shall not be unreasonably withheld.
(d) Waiver. No waiver of any right or term hereof shall be effective
unless in a writing executed by the waiving party. No waiver of any right or
privilege hereunder shall operate as a waiver of any subsequent or similar right
or privilege.
(e) Modifications. This Agreement may be modified or amended only by a
written agreement executed by the parties hereto.
(f) Counterparts. This Agreement may be executed in counterparts, all of
which shall be considered one and the same agreement and each of which shall be
deemed an original.
(g) Severability. If any term, provision, paragraph or clause of this
Agreement or any application thereof shall be held invalid or unenforceable in
any particular jurisdiction, the remainder of this Agreement and any other
application of such term, provision, paragraph or clause shall not be affected
thereby in such jurisdiction (where such remainder or application shall be
construed as if such invalid or unenforceable term, provision, paragraph or
clause has not been inserted), and this Agreement and such application of such
term, provision, paragraph or clause shall not be affected in any other
jurisdiction.
(h) Contingency. Neither party will be held liable for any delay or
failure in performance of this Agreement from any cause beyond its control and
without its fault or negligence including but not limited to acts of God, acts
of civil or military authority, government regulations, embargoes, epidemics,
wars, terrorist acts, riots, insurrections, fires, explosions, earthquakes,
nuclear accidents, floods, strikes, power blackouts, other major environmental
disturbances, unusually sever weather conditions, inability to secure products
or services of other persons or transportation facilities, or acts or omissions
of transportation common carriers.
(i) Governing Law. Except as otherwise expressly provided herein, this
Agreement shall be interpreted, construed and governed by the laws of the State
of ____________, without regard to conflict of law provisions.
(j) Confidentiality. Unless by mutual agreement, or except to the extent
directed by a court of competent jurisdiction, neither party shall disclose this
Agreement or the terms hereof to any person other than such party's affiliates
or such party's officers, employees and consultants,
18
who are similarly bound hereby. This paragraph shall not prevent the filing of
this Agreement with a state or federal commission having jurisdiction over the
parties hereto if such filing is required by rule or order of that commission;
provided, however, that the parties hereto shall jointly request that the
Agreement be treated as confidential by that commission to the extent permitted
under the commission's regulations and procedures. Each party hereto must
maintain the confidentiality of all message, billing, traffic, and call records,
traffic volumes and all other material information and data pertaining to the
traffic covered by this Agreement and the carriers and end users associated with
such traffic.
(k) Remedies under Law. All remedies available to the parties hereto under
the terms of this Agreement shall be in addition to, and not by way of
limitation of, any other rights that said parties may have at law or equity,
none of which are hereby waived.
(l) Entire Agreement. This Agreement, including all Attachments and
Schedules attached hereto, contains the entire agreement, and supersedes and
voids any prior understanding, between BA-__ and Carrier regarding the subject
matter hereof.
19
In witness whereof, the undersigned parties have caused this Agreement to
be executed on their behalf this day of , 19__.
Witness: [Carrier]
____________________ By: _________________________________
Witness: Xxxx Atlantic - _______________, Inc.
____________________ By: _________________________________
20
EXHIBIT D
ATTACHMENT A
BASIS OF COMPENSATION
CHARGES FOR ADMINISTRATION OF ITORP AND ITORP PROCESSING
X. Xxxx Atlantic - _____________, Inc. charges the following rates for
providing ITORP services:
Rate Per Message/ Month
1. Administrative Charge $
2. Processing Charge Elements:
a. Terminating Traffic $
b. Minute/Message $
c. 800/888 Message $
d. Net Compensation $
e. Collected Revenue Processing Charge $
3. Minimum Monthly Fee $
4. Alternately Billed Calls $
21
EXHIBIT D
ATTACHMENT B
I.
Message Telecommunications Service - Terminating to Carrier
Rate Element Billing Company
------------ ---------------
Carrier Common Line Carrier
End Office Carrier
Transport based on negotiated billing percentages (BIPs)
II.
800/888 - Terminating to or originating from Carrier Customers
Rate Element Billing Company
------------ ---------------
Carrier Common Line Originating Company
End Office Originating Company
Transport based on negotiated billing percentages (BIPs)
Query Originating Company
III.
Local Exchange - Terminating to Carrier
Rate Element Billing Company
------------ ---------------
Local E.O. Termination Charge Carrier
Transport based on negotiated billing percentages (BIPs)
22
APPENDIX A
XXXX ATLANTIC
CARRIER SERVICE SELECTION FORM
Please select desired services.
------------------------------------------------------------------------------------------
MINIMUM SERVICE
SERVICE SERVICE CHARGE SELECTION
PERIOD
------------------------------------------------------------------------------------------
Directory Assistance 12 months $______/call (Directory Transport Yes No
(ADAS) charges below)
------------------------------------------------------------------------------------------
IntraLATA Call 12 months Live: $______/op work second Yes No
Completion Operator Automated: $______/auto wk sec
Services LIDB: $______/query
------------------------------------------------------------------------------------------
Directory Assistance non-recurring $_________ per switch Yes No
Branding fee
------------------------------------------------------------------------------------------
Operator Services non-recurring $_________ per switch Branding is
Branding fee required for OS
------------------------------------------------------------------------------------------
Directory Transport charges are as follows. (Call miles are measured from the BA
Wire Center serving Carrier's premises to the Directory Assistance location.)
Rate Per Directory Assistance Call
----------------------------------
Tandem-Switched Transport
Fixed ................................. $________
Per mile .............................. $________
Tandem Switching ............................. $________
Note: Trunking, daily usage file, and switched access costs are not included in
the above rates.
APPENDIX B
INTRALATA CALL COMPLETION OPERATOR SERVICES CALL TYPES
IntraLATA Call Completion Operator Services may include the following:
a. Calling Card
(i) Live: Xxxx Atlantic operator keys the calling card number and call
details into the system, secures validation, and releases the call to the
network.
(ii) Automated: Caller keys the calling number and call details in
response to automated prompts. Xxxx Atlantic secures validation and
releases the call to the network.
b. Collect
(i) Live: Xxxx Atlantic operator obtains the calling party's name, keys
the call details if necessary, announces the call to the called party,
waits for acceptance, and releases the call to the network.
(ii) Automated: Caller provides name and call details. Xxxx Atlantic's
automated system obtains called party's consent and releases the call to
the network.
c. Billed To A Third Party
(i) Live: Xxxx Atlantic operator requests the calling party's name, keys
the call details if necessary, calls the third party to verify acceptance
of billing, and upon acceptance, releases the call to the network.
(ii) Automated: Caller provides name, call details, and billing number.
Xxxx Atlantic's automated system verifies billed number and releases the
call to the network.
d. Person-to-Person
Xxxx Atlantic operator requests the person or department the calling party
has specified, ensures the appropriate party has been reached (person or
department), and releases the call to the network.
e. Coin Sent Paid
Xxxx Atlantic operator keys the call details if necessary, requests the
initial deposit, and upon deposit, releases the call to the network.
f. Miscellaneous Call Assistance (Live)
(i) 0- Calls: Xxxx Atlantic operator provides caller with dialing
instructions or assistance, transfers emergency calls, or refers questions
to the business office or repair service.
(ii) Dialing Assistance & Intervention: Xxxx Atlantic operator dials a
number for a caller who is unwilling to dial directly or is encountering
trouble (such as wrong number, poor transmission, or cutoff), and who
requests a credit or reconnection.
(iii) Time and Charges: Xxxx Atlantic operator provides caller with time
and charges at the end of conversation, if requested.
(iv) Individuals with Disabilities: Xxxx Atlantic operator assists a
caller requiring dialing assistance due to a disability.
g. Busy-Line Verification
Xxxx Atlantic operator determines if the number specified by the customer
is in use, idle, or out of order. Appropriate facilities and equipment may
be required from the Carrier to enable verification of Carrier's lines.
h. Customer-Requested Interrupt
At the caller's request, Xxxx Atlantic operator interrupts conversation in
progress on a line that is in use, as verified through Busy-Line
Verification.
i. Operator Number Identification (ONI) Requests
Xxxx Atlantic operator requests the calling telephone number, keys the
number into the system for identification, and releases the call for
processing.
j. Automated Coin Toll Service (ACTS)
Xxxx Atlantic will provide automated messages for intraLATA toll calls
that originate from coin phones. The messages will prompt callers for the
correct change and record the change upon deposit. If a caller fails to
deposit the correct amount within the time threshold (set by Xxxx
Atlantic), the call will default to a live operator.
k. Validation Services
Xxxx Atlantic will launch queries for the validation of all calling card
calls, collect calls, and billed-to-third number calls to a Line
Information Data Base (LIDB). The validation costs for queries of LIDB are
separate from the individual call rates. Xxxx Atlantic will also launch
queries for validations to another company's LIDB if that company has a
card honoring agreement with Xxxx Atlantic.
APPENDIX C
REQUIRED INFORMATION
Carrier shall furnish Xxxx Atlantic all information required by Xxxx Atlantic to
establish and maintain the Services to be provided to Carrier, including a
completed Technical Questionnaire. Such required information includes, but is
not limited to, the following:
1. Central office exchange names
2. Usage forecasts
3. Local central office characteristics
4. Trunking arrangements and trunk group types
5. Emergency reporting system and procedures
6. Business office information
7. Repair service information
8. Name and address request information
9. Tariffs and rate information
10. Customer dialing capabilities
11. Access to EMR records
12. Desired branding announcement (if applicable)
13. Carrier's estimated start date of Services
14. Access Service Requests (ASRs) for trunking and translations
Note: ASRs are not to be submitted by Carrier until Carrier and Xxxx Atlantic
have reviewed the Technical Questionnaire.
APPENDIX D
OPTIONAL SERVICE SELECTION FORM
------------------------------------------------------------------------------------------------------
MINIMUM SERVICE SELECTION
SERVICE SERVICE PERIOD CHARGE
------------------------------------------------------------------------------------------------------
Directory Assistance Call Completion 6 months $___/call Yes No
------------------------------------------------------------------------------------------------------
EXHIBIT D
INTRALATA TELECOMMUNICATIONS SERVICES SETTLEMENT AGREEMENT
This Agreement is entered into as of _______________ , 1997, by and
between Xxxx Atlantic - _______________, Inc., a ___________ corporation, with
principal offices located at ______________________________ ("BA-__"), and
___________________________, a ______________ corporation, with principal
offices located at _____________________________________________ ("Carrier").
SECTION I
SCOPE
This Agreement sets forth the terms and conditions for the following:
(a) administering and processing messages in the intraLATA Toll
Originating Responsibility Plan ("ITORP"); and
(b) the settlement of compensation for the following telecommunications
traffic within a BA-__ LATA:
(1) intrastate and interstate intraLATA traffic terminated to
Carrier and originated by an Independent Telephone Company or
wireless carriers that transits the facilities of BA-__ within a
BA-__ LATA, including Message Telecommunications Service and Local
Exchange Service (the "ITORP Transit Service Traffic");
(2) intrastate and interstate intraLATA Message Telecommunications
Service and Local Exchange Service traffic which originates from a
Certified Local Exchange Carrier or Carrier, transits BA-PA's
network and terminates to Carrier, or a wireless carrier or an
Exchange Carrier other than BA-__, which traffic is subject to a
Meet-Point Billing arrangement (the "Meet-Point Transit Service
Traffic");
(3) intraLATA 800/888 Service Traffic; and
(4) intraLATA Alternately Billed Calls billed to a line-based
telephone number within the state where the call is originated.
By way of clarification, this Agreement does not cover the following: (x)
traffic that does not use BA-__ facilities; (y) interLATA traffic; and (z) any
statewide services (whether interLATA or intraLATA) provided entirely by an
Interexchange Carrier such as statewide WATS.
EXHIBIT D
SECTION II
DEFINITIONS
For purposes of this Agreement, the terms set forth below shall have the
following meaning:
A. 800/888 Number Database shall mean the call management service
database that provides POTS telephone number translation or routing
information or both for a given 800/888 telephone number.
B. 800/888 Service Traffic means a toll free call originating with the
Originating Company and billed to the Terminating Company's end
user. 800/888 service MOUs are recorded by the Originating Company
and provided to the Terminating Company so that it can xxxx its end
user(s).
C. Access Tandem shall mean a switching entity that is used to connect
and switch trunk circuits between and among End Offices and between
and among End Office switches and carriers' aggregation points,
points of termination, or points of presence, which entity has
billing and recording capabilities that are used to provide switched
Exchange Access services.
D. Alternately Billed Calls shall mean all intraLATA land-line Collect
Calls, Calling Card Calls and Third-Number Calls that originate and
terminate in the _________ of _____________ and are billed to a
line-based number within the jurisdiction of the __________ of
_____________ serviced by the Billing Company. Alternately Billed
Calls are identified in ITORP reports as "Received Collect/Sent
Collect Calls".
E. Basic 800/888 Number Query shall mean routing information obtained
from an 800/888 Number Database for originating 800/888 calls.
F. Billing Company shall mean the Local Exchange Carrier that provides
the local telephone exchange service for the number to which an
Alternately Billed Call is to be billed.
G. Calling Card Call shall mean a call billed to a pre-assigned end
user line-based billing number, including calls dialed or serviced
by an operator system.
H. Carrier Common Line Facilities means the facilities from the end
user's premises to the End Office used to originate or terminate
Transit Service Traffic and 800/888 Service Traffic. Such carrier
common line facilities are as specified in each party's Exchange
Access Tariff.
2
EXHIBIT D
I. Category 01 shall mean the EMR/billing record for usage charges
applicable to the terminating 800/888 number service subscriber.
J. Category 08 shall mean the EMR/copy record containing the
information necessary for Carrier to xxxx/settle intraLATA
terminating charges with other carriers.
K. Category 11 shall mean the EMR/access record containing information
necessary for Carrier to xxxx/settle interexchange access charges.
L. CCS/SS7 shall mean the Common Channel Signaling/Signaling System 7,
which refers to the packet-switched communication, out-of-band
signaling architecture that allows signaling and voice to be carried
on separate facilities, and thus is a signaling network that is
common to many voice channels. There are two modes of operation
defined for CCS/SS7: database query mode, and trunk signaling mode.
M. Centralized Message Distribution System (CMDS) shall mean the
message processing system which handles the distribution of Message
Records from the Earning Company to the Billing Company.
N. Certified Local Exchange Carrier (CLEC) means a carrier certified by
the ____________ ____________to provide Local Exchange Access
services within the BA-__ operating territory in that state.
O. Collect Call shall mean a non-sent paid call that is billed to the
number receiving the call, including calls dialed or serviced by an
operator system.
P. Discounted Toll Services means services in which the originating end
user is charged a rate less than would normally be assessed for
calls placed to similar points outside the end user's local calling
area.
Q. Earning Company shall mean the Local Exchange Carrier that provides
local telephone exchange service for the number from which an
Alternately Billed Call originates.
R. End Office means the end office switching and end user line
termination facilities used to originate or terminate switched
intraLATA telecommunications services traffic.
S. Exchange means a geographic area established for the furnishing of
local telephone service under a local tariff. It usually embraces a
city, town or village and its
3
EXHIBIT D
environs. It consists of one or more wire centers together with the
associated facilities used in furnishing communications service
within the area.
T. Exchange Access means the facilities and services used for the
purpose of originating or terminating interexchange
telecommunications in accordance with the schedule of charges,
regulations and conditions specified in lawfully established
Exchange Access Tariffs.
U. Exchange Access Tariffs means the tariffs lawfully established with
the Federal Communications Commission or the _____________
___________________ by an Exchange Carrier for the provision of
Exchange Access facilities and services.
V. Exchange Carrier shall mean a carrier licensed to provide
telecommunications services between points located in the same
Exchange area.
W. Exchange Message Record (EMR) shall mean the standard used for
exchange of telecommunications message information among Local
Exchange Carriers for billable, non-billable, sample, settlement and
study data. EMR format is described in BR-010-200-010 XXXX Exchange
Message Record, a Xxxx Communications Research, Inc. document that
defines industry standards for Exchange Message Records, which is
hereby incorporated by reference.
X. ITORP Transit Service Traffic shall have the meaning set forth in
Section I above titled "Scope".
Y. Independent Telephone Company shall mean any entity other than BA-__
which, with respect to its operations within the ___________ of
__________________, is an incumbent Local Exchange Carrier.
Z. Inter-Company Net Billing Statement shall mean the separate monthly
financial reports issued by BA-__ under ITORP to the Exchange
Carriers for settlement of amounts owed.
AA. IntraLATA Toll Originating Responsibility Plan (ITORP) shall mean
the information system owned and administered by BA-__ for
calculating charges between BA-__ and Local Exchange Carriers for
termination of intraLATA calls.
BB. Interexchange Carrier (IXC) means a carrier that provides, directly
or indirectly, interLATA or intraLATA telephone toll services.
CC. Local Access and Transport Area (LATA) means a contiguous geographic
area: (1) established before the date of enactment of the
Telecommunications Act of 1996 by BA-__ such that no Exchange area
includes points within more than one
4
EXHIBIT D
metropolitan statistical area, consolidated metropolitan statistical
area, or state, except as expressly permitted under the AT&T Consent
Decree; or (2) established or modified by BA-__ after such date of
enactment and approved by the Federal Communications Commission.
DD. Local Exchange Carrier (LEC) means any person that is engaged in the
provision of Local 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 Telecommunications Act of 1996, except to the extent that the
Federal Communications Commission finds that such service should be
included in the definition of such term.
EE. Local Exchange Service means telecommunications services provided
between points located in the same LATA.
FF. Meet -Point Billing (MPB) means an arrangement whereby two or more
LECs jointly provide to a third party the transport element of a
switched access Local Exchange Service to one of the LECs' End
Office switches, with each LEC receiving an appropriate share of the
transport element revenues as defined by their effective Exchange
Access tariffs.
GG. Meet-Point Transit Service Traffic shall have the meaning set forth
in Section 1, "Scope".
HH. Message Records shall mean the message billing record in Exchange
Message Record format.
II. Message Telecommunications Service (MTS) means message toll
telephone communications, including Discounted Toll Services,
between end users in different Exchange areas, but within the same
LATA, provided in accordance with the schedules of charges,
regulations and conditions specified in lawfully applicable tariffs.
JJ. Minutes of Use (MOU) means the elapsed time in minutes used in the
recording of Transit Service Traffic and 800/888 Service Traffic.
KK. Multiple Xxxx/Single Tariff means the MPB method whereby each LEC
prepares and renders its own Meet Point Xxxx in accordance with its
own tariff(s) for the portion of the jointly-provided Exchange
Access service which the LEC provides.
LL. Multiple Exchange Carrier Access Billing (MECAB) means the document
prepared by the Billing Committee of the Ordering and Billing Forum,
which functions under the auspices of the Carrier Liaison Committee
of the Alliance for
5
EXHIBIT D
Telecommunications Industry Solutions, and published by Bellcore as
Special Report SR-BDS-000983, which document contains the
recommended guidelines for the billing of an Exchange Access service
provided by two or more LECs, or by one LEC in two or more states,
within a single LATA, and is incorporated herein by reference.
MM. Originating Company means the company which originates intraLATA MTS
or Local Exchange Service on its system. (For compensation purposes,
the Originating Company shall be considered the Terminating Company
for 800/888 Service Traffic.)
NN. Terminating Company means the company which terminates intraLATA MTS
or Local Exchange Service on its system where the charges for such
services are collected by the Originating (or Billing) Company. (For
compensation purposes, the Terminating Company shall be considered
the Originating Company for 800/888 Service Traffic.)
OO. Third-Number Call shall mean a call billed to a subscriber's
line-based billing number which is not the number to which the call
either terminates or originates.
PP. Transit Traffic shall refer to both ITORP Transit Service Traffic
and Meet-Point Transit Service Traffic.
QQ. Transiting Company shall mean a Local Exchange Carrier which
transports intraLATA telecommunications traffic on its system
between an Originating Company and a Terminating Company.
RR. Transport Facilities means the facilities from the End Office to a
tandem switching facility used to originate or terminate switched
intraLATA telecommunication services traffic.
SECTION III
SETTLEMENT OF TRANSIT SERVICES
(a) ITORP Transit Service Traffic.
(1) Call Routing and Recording; Billing Percentages. BA-__ will route
ITORP Transit Service Traffic over the combined local and toll trunk groups
between BA-__ and Carrier. BA-__
6
EXHIBIT D
and Carrier agree to designate the points of interconnection for the purpose of
terminating ITORP Transit Service Traffic which originates from an Independent
Telephone Company or wireless carrier and terminates to Carrier. Both parties
further agree to develop and file mutually agreed to billing percentages
applicable to ITORP Transit Service Traffic in the National Exchange Carrier
Association F.C.C. Tariff No. 4, which billing percentages shall be calculated
in accordance with ITORP guidelines.
(2) Exchange of Billing Data. The Originating Company will provide to
BA-__ all billing data relating to ITORP Transit Service Traffic for processing
in ITORP within fourteen (14) days from the date the usage occurs (to the extent
usage occurs on any given day) for traffic originating from an Independent
Telephone Company or wireless carrier, which traffic transits BA-PA's facilities
and terminates to Carrier.
(3) Billing. BA-__ will, on behalf of Carrier, bill Exchange Carriers for
intraLATA ITORP Transit Service Traffic, and collect compensation due Carrier
based on Carrier's established and legally-approved tariffed or negotiated rates
utilizing ITORP. The charges set forth in Attachment A, attached hereto and
incorporated herein by reference, shall apply to the billing and collection
services provided by BA-__ to Carrier hereunder. Carrier will record the ITORP
Transit Service Traffic usage at its switch, and shall xxxx BA-__ for this
traffic in accordance with the rates set forth in the Interconnection Agreement
under Section 251 and 252 of the Telecommunications Act of 1996, dated as of
September __, 1996, by and between BA-__ and Carrier.
(b) Meet-Point Transit Service Traffic.
(1) Call Routing and Recording; Billing Percentages. BA-__ and Carrier
will route their respective Meet-Point Transit Service Traffic over the combined
local and toll trunk groups between them. BA-__ and Carrier agree to designate
the points of interconnection for the purpose of terminating Meet-Point Transit
Service Traffic which originates from a CLEC and terminates to Carrier, or
originates from Carrier and terminates to a CLEC, Independent Telephone Company,
or a wireless carrier. Both parties further agree to develop and file mutually
agreed to billing percentages applicable to Meet-Point Transit Service Traffic
in the National Exchange Carrier Association F.C.C. Tariff No. 4, which billing
percentages shall be calculated in accordance with MECAB guidelines.
(i) End Offices Subtending BA-__ Access Tandem. Meet-Point Transit Service
Traffic will be routed over the local and toll interconnection facilities
used to terminate similar traffic directly between BA-__ and Carrier when
the Originating and Terminating Company's End Office switches subtend
BA-PA's Access Tandem. BA-__ will record this traffic at the BA-__ Access
Tandem, and forward the terminating call records to the Terminating
Company for purposes of Meet-Point Billing.
7
EXHIBIT D
(ii) End Offices That Do Not Subtend a BA-__ Access Tandem. When the
Originating and/or the Terminating Company's End Office switches do not
subtend BA-PA's Access Tandem, the Meet-Point Transit Service Traffic must
be routed over interconnection facilities other than those used to
terminate intraLATA MTS or Local Exchange Service to BA-PA's end users The
Terminating Company will record this traffic at its Access Tandem and
forward the terminating call records to BA-__ for Meet-Point Billing
purposes.
(iii) Special Access. Upon request, any Meet-Point Service Transit Traffic
may be routed over special access interconnection facilities between
Carrier, on the one hand, and a CLEC, an Independent Telephone Company, or
a wireless carrier, on the other.
(2) Exchange of Billing Data. All billing data exchanged hereunder will be
exchanged on magnetic tape or via electronic data transfer, to be delivered at
the addresses set forth below, using the Electronic Message Record format. BA-__
will provide to Carrier the switched-access detail usage data (category 1101XX
records) on magnetic tape within fourteen (14) days from the date the usage
occurs (to the extent usage occurs on any given day) for traffic originating
from a CLEC, transiting BA-PA's facilities and terminating to Carrier, and
Carrier will provide to BA-__ the switched access summary usage data (category
1150XX records) on a magnetic tape on a monthly basis within fourteen (14) days
of receipt from BA-__ of the switched access detail usage data referenced above.
(3) Billing. BA-__ and Carrier will submit to CLECs separate bills under
their respective tariffs for their portion of jointly-provided Meet-Point
Transit Service Traffic. With respect to Meet-Point Transit Service Traffic,
BA-__ and Carrier will exchange billing data and render bills under Multiple
Xxxx/Single Tariff arrangements in accordance with the applicable terms and
conditions set forth in MECAB.
(4) Addresses. Magnetic tapes to be sent hereunder to Carrier will be sent
to the following address (which address Carrier may change upon prior written
notice to BA-__):
Magnetic tapes to be sent hereunder to BA-__ will be sent to the following
address(es), as appropriate (which address(es) BA-__ may change upon prior
written notice to Carrier):
Xxxx Atlantic
Tape Library
8
EXHIBIT D
0000 Xxxx Xxxxxx Xxxxx
Xxxxxxxxxxx, XX 00000
SECTION V
800/888 SERVICE
800/888 Service Traffic will be exchanged among BA-__, Carrier,
Independent Telephone Companies, CLECs and wireless carriers via CCS/SS7 trunks,
and all will deliver/route these calls as appropriate and provide EMRs to the
Terminating Company to enable it to xxxx its 800/888 service subscriber. These
EMRs will, per industry standards, include the following: Category 01 (800/888
number subscriber billing), Category 08 (copy record/local exchange charges),
and Category 11 (interexchange carriers access records).
(a) Delivery of Translated 800/888 Number Queries and calls over CCS/SS7
links and trunks. BA-__ and Carrier will launch their own Basic 800/888 Number
Query for 800/888 Service Traffic originated in their networks, and route this
traffic to each other, as appropriate, utilizing existing local and toll
interconnection facilities.
(b) Exchange of Records; Compensation. All 800/888 Service Traffic
hereunder shall be subject to the appropriate access charges, as set forth in
the applicable tariffs. In addition, for jointly provided intraLATA 800/888
Service Traffic between two Local Exchange Carriers, the Originating Company is
responsible for billing its tariffed Basic 800/888 Number Query charge to the
Terminating Company. Carrier, when acting as an Originating Company, must submit
to BA-__, via magnetic tape(s) in EMR format, (i) the information necessary to
xxxx/settle intraLATA charges (EMR Category 110125), and (ii) the usage charges
applicable to the terminating 800/888-number service subscriber (EMR Category
010125). In the event any of these records are lost or destroyed, BA-__ and
Carrier will jointly estimate the terminating access charges due to either party
hereunder as follows:
(1) Total the terminating traffic compensation paid with respect to
800/888 Service Traffic to each party hereunder for the most recent
six (6) months period preceding the month covered by the lost or
destroyed tapes.
(2) Divide the total determined in (1) preceding, by 180 days.
(3) Multiply the terminating traffic compensation per day determined in
(2) preceding, by the number of days covered by the lost or
destroyed tapes. The calculated amount will be included as an
adjustment for lost or destroyed tapes in the next Inter-Company Net
Billing Statement.
BA-__ shall have no liability whatsoever with respect to any lost, damaged
or destroyed
9
EXHIBIT D
records submitted hereunder by Carrier.
(c) Settlement. EMR records submitted by Carrier hereunder acting as an
Originating Company, as contemplated in Paragraph (b) above, will be processed
in accordance with ITORP. For purposes of calculating the access charges due
Local Exchange Carriers with respect to 800/888 Service Traffic, the Originating
Company shall be deemed the Terminating Company. Access charges payable
hereunder shall be calculated in accordance with Section VII of this Agreement,
as applicable.
10
EXHIBIT D
SECTION VI
ALTERNATELY BILLED CALLS
(a) Responsibilities of the Billing Company. The Billing Company agrees to
provide the Earning Company with billing services, as specified below, with
respect to Alternately Billed Calls.
(1) Billing. Upon receipt of the appropriate Message Record from CMDS, the
Billing Company shall include this record in the xxxx to be issued to the end
user responsible for payment. The Billing Company shall also submit copies of
these Message Records to BA-__, at least once a month, in order to determine
monthly settlement amounts for both the Billing Company and the Earning Company
which will be reflected in the Inter-Company Net Billing Statement. These
amounts will reflect any and all applicable charges due the Billing Company for
performing billing services hereunder. In addition, as applicable, the
Inter-Company Net Billing Statement will reflect any amounts owed by Carrier to
BA-__ for administering and processing ITORP.
(2) Payment of Amounts Outstanding. Upon receipt of the Inter-Company Net
Billing Statement from BA-__, Carrier shall, within thirty (30) days of invoice,
remit to BA-__ full payment of amounts owed under the Inter-Company Net Billing
Statement.
(b) Responsibilities of the Earning Company. In connection with
Alternately Billed Calls, the Earning Company shall provide Message Records to
the Billing Company on a daily basis to the extent that any usage has been
recorded. These Message Records will be delivered by the Earning Company to the
Billing Company via the CMDS system, unless otherwise agreed to by the parties
hereto.
(c) Fees for Settlement of Alternately Billed Calls. The billing services
provided by the Billing Company to the Earning Company with respect to
Alternately Billed Calls shall be subject to the applicable charges set forth in
Attachment A, which charges will be reflected in the Inter-Company Net Billing
Statement. These charges may be revised upon mutual written agreement of the
parties hereto.
SECTION VII
CALCULATION OF COMPENSATION
BA-__ and Carrier agree to compensate each other with respect to Transit
Services Traffic and 800/888 Service Traffic in accordance with the terms
established below, and the rate elements set forth in Attachments A and B,
attached hereto and incorporated herein by reference.
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EXHIBIT D
(a) Compensation due to the Terminating/Transiting Company. Compensation
due to the Terminating Company/Transiting Company will be determined separately
for each month as follows:
(1) For Carrier Common Line Facilities provided by the Terminating
Company, an amount calculated as specified for Carrier Common Line Facilities in
the Terminating Company's Exchange Access Tariff. Compensation will be
determined by multiplying a) the Terminating Company's Carrier Common Line rate,
times b) the MOU.
(2) For End Office facilities provided by the Terminating Company, an
amount calculated as specified for End Office facilities in the Terminating
Company's Exchange Access Tariff. Compensation will be determined by multiplying
a) the Terminating Company's appropriate Exchange Access End Office rate
elements, times b) the MOU.
(3) For Transport Facilities, where these facilities are provided by the
Terminating Company, or a Transiting and Terminating Company, an amount
calculated in accordance with the following steps:
(i) Determine the Terminating Company's airline miles from the End
Office which serves the Terminating Company's end user to
either the Terminating Company's Access Tandem switching
facility or the interconnection point with the Transiting
Company(ies).
(ii) Determine the Transiting Company's airlines miles from the
Transiting Company(ies) Access Tandem switching facility to
the interconnection point with the Terminating Company.
(iii) Determine the sum of the total airline miles by adding (i) and
(ii) above.
(iv) Divide the Terminating Company's airline miles determined in
(i) preceding by the total airline miles determined in (iii)
preceding, to determine the ratio of local transport miles
provided by the Terminating Company.
(v) Divide the Transiting Company's airline miles determined in
(ii) preceding by the total airline miles determined in (iii)
preceding, to determine the ratio of local transport miles
provided by the Transiting Company.
(vi) Identify the rates set forth in the Exchange Access Tariff for
either the Terminating Company or Transiting Companies, or
both, as appropriate, which rates are applicable to Transport
Facilities.
(vii) Multiply the ratio determined in (iv) preceding, times the
rate calculated in
12
EXHIBIT D
(vi) preceding, times the MOU, and add the amount set forth
in (ix) below to determine the amount due the Terminating
Company.
(viii) Multiply the ratio determined in (v) preceding, times the
rate calculated in (vi) preceding, times the MOU, and add the
amount set forth in (ix) below to determine the amount due
the Transiting Company.
(ix) To the extent the Exchange Access Tariffs of the Terminating
or Transiting Company, or both, provide for the payment of a
fixed transport charge to be assessed with respect to a
terminating location (End Office or toll switch), multiply
this charge times the chargeable MOU.
SECTION VIII
ITORP ADMINISTRATION AND RESPONSIBILITIES
(a) Responsibilities of BA-__. BA-__ shall:
1. Operate and maintain the ITORP system.
2. Provide the requirements and standards for ITORP records and
tapes (ITORP User Guide).
3. Inform Carrier of any proposed change in tape creation or
distribution process at least sixty (60) days prior to the
actual implementation of the change.
4. Develop and implement all system enhancements required to
maintain the integrity of BA-PA's ITORP system.
5. Process ITORP tapes received from Carrier, or its agent,
during the next available billing cycle.
6. Review and analyze daily pre-edit reports to determine if a
tape is acceptable for ITORP processing; provided, however,
that Carrier is not absolved, as the Originating Company,
from its responsibility to conform to ITORP input
requirements.
7. Communicate with Carrier, or its agent, to resolve the
problems with tapes which are identified as being
unacceptable for ITORP processing.
8. Create and/or maintain all ITORP tables.
13
EXHIBIT D
9. Include the monthly compensation due to and from Carrier as
identified by ITORP on the Inter-Company Net Billing
Statement. The compensation includes 800/888 Service Traffic
and Alternately Billed Services traffic.
10. Settle with all local Exchange Carriers, via the Inter-Company
Net Billing Statement, for 800/888 Service Traffic and
Alternately Billed Services traffic originating from and/or
terminating to Carrier.
11. Distribute monthly ITORP reports.
(b) Responsibilities of Carrier. Carrier shall:
1. Compensate BA-__ for the administration and processing of
ITORP as specified in Attachment A.
2. Notify BA-__ Exchange Carrier Services staff in writing of any
changes in its rates affecting ITORP tables, as specified in
Attachment A, thirty (30) days prior to the effective date of
any such changes.
3. Notify BA-__ Exchange Carrier Services staff in writing of any
network changes, such as changes in traffic routing, sixty
(60) days prior to the implementation of the change in the
network.
4. Conform to BA-__'s ITORP record requirements and standards.
5. Carrier or its designated agent will forward the Exchange
Message Records to BA-__, in a timely manner for processing.
6. Inform the BA-__ Exchange Carrier Services staff in writing of
any proposed changes in the Exchange Message Record creation
or distribution process at least sixty (60) days prior to the
actual implementation of the change.
7. Reimburse BA-__ for compensating other local Exchange Carriers
on behalf of Carrier, as reflected in the Inter-Company Net
Billing Statement.
(c) Fees. Compensation for the administration and processing of ITORP will
be due BA-__ on a monthly basis, based on the number of messages processed in
ITORP for Carrier at an average total cost per message. The processing and
administrative fees applicable on a per message basis are set forth in
Attachment A. These fees may be revised by BA-__, at its discretion and upon
notice to Carrier, based on annual studies conducted by BA-__, and Carrier
14
EXHIBIT D
hereby agrees to be bound by such revised rates. A minimum monthly fee, as
specified in Attachment A, will be assessed when Carrier's monthly ITORP
processing charges are below the stated minimum monthly charge.
SECTION IX
LIABILITIES
In the event of an error on the part of BA-__ in calculating or settling
any compensation amounts hereunder, Carrier's sole remedy and BA-PA's only
obligation shall be to re-calculate the compensation amount, and to the extent
any amounts are owed to or owed by Carrier, such amounts will be reflected as an
adjustment in the next Inter-Company Net Billing Statement. In addition and to
the extent applicable, BA-PA's liability under this Agreement and/or in
connection with the settlement, payment and/or calculation of any amounts due
hereunder shall be limited as set forth in the applicable tariffs. BA-__ shall
have no obligation or liability with respect to any billing, settlement or
calculation-of-compensation errors or omissions, including without limitation
the duty to re-calculate any compensation amounts reflected in the Inter-Company
Net Billing Statement, if such error or omission occurred more than two (2)
years prior to the time in which it is brought to BA-PA's attention in writing.
Without limiting the foregoing, in no event shall either party hereto be liable
for consequential, incidental, special or indirect damages (including without
limitation loss of profit or business) hereunder whether such damages are based
in tort (including, without limitation, under any theory of negligence),
contract breach or otherwise, and even if said party knew or should have known
of the possibility thereof.
SECTION X
RELATIONSHIP OF THE PARTIES
Nothing herein contained will be deemed to constitute a partnership or
agency relationship between the parties. Each party agrees that it will perform
its obligations hereunder as an independent contractor and not as the agent,
employee or servant of the other party. Neither party nor any personnel
furnished by such party will be deemed employees or agents of the other party or
entitled to any benefits available under any plans for such other party's
employees. Each party has and hereby retains the right to exercise full control
of and supervision over its own performance of the obligations under this
Agreement, and retains full control over the employment, direction, compensation
and discharge of all employees assisting in the performance of such obligations,
including without limitation all matters relating to payment of such employees,
including compliance with social security taxes, withholding taxes and all other
regulations governing such matters. In addition, each party will be responsible
for its own acts and those of its own subordinates, employees, agents and
subcontractors during the performance of that party's obligations hereunder.
15
EXHIBIT D
SECTION XI
TERM AND TERMINATION
(a) Term - Upon execution by all parties hereto, this Agreement shall
become effective as of the date first shown on Page 1 of this Agreement, and
shall remain in effect until terminated by either party in accordance with
paragraphs (b), (c), (d), or (e) below.
(b) Termination for Breach - Either party may, upon prior written notice
to the other party, terminate this Agreement in the event the other party is in
default or breach of this Agreement and such breach or default is not corrected
within thirty (30) days after the breaching party has been notified of same.
(c) Termination for Convenience - Upon six (6) months written advance
notice to the other party, either party may terminate this Agreement.
(d) Acts of Insolvency - Either party may terminate this Agreement or any
portion thereof, effective immediately, by written notice to the other party, if
said other party (1) applies for or consents to the appointment of or the taking
of possession by receiver, custodian, trustee, or liquidator of itself or of all
or a substantial part of its property; (2) becomes insolvent; (3) makes a
general assignment for the benefit of creditors; (4) suffers or permits the
appointment of a receiver for its business or assets; (5) becomes subject to any
proceeding under any bankruptcy or insolvency law whether domestic or foreign,
voluntarily or otherwise; or (6) fails to contest in a timely or appropriate
manner, or acquiesces in writing to, any petition filed against it in an
involuntary case under the Federal Bankruptcy Code or any application for the
appointment of a receiver, custodian, trustee, or liquidation of itself or of
all or a substantial part of its property, or its reorganization, or
dissolution.
(e) Termination of Interconnection Agreement. Unless otherwise agreed to
by the parties hereto in writing, in the event that the Interconnection
Agreement under Sections 251 and 252 of the Telecommunications Act of 1996,
dated as of December __, 1996, by and between BA-__ and Carrier expires without
being renewed, or expires or is terminated and no other interconnection
agreement has been entered into by BA-__ and Carrier, then this Agreement shall
be deemed terminated effective on the date the aforesaid Interconnection
Agreement expires or is terminated.
SECTION XII
NETWORK CONFIGURATION
Each party shall provide six (6) months advance written notice to the
other party of any network configuration that may affect any of the services or
compensation contemplated under this Agreement, and the parties hereto agree to
use reasonable efforts to avoid service
16
EXHIBIT D
interruptions during any such network change.
SECTION XIII
CONSTRUCTION AND EFFECT
All services contemplated under this Agreement are provided in accordance
with any and all applicable regulatory requirements and effective tariffs filed
with and approved by the appropriate federal and/or state regulatory bodies, as
these tariffs and requirements may be modified from time to time. To the extent
there is a conflict between the terms of any said tariff or regulatory
requirement and this Agreement, the terms of the tariff or the regulatory
requirement shall prevail. However, to the extent not in conflict with the
provisions of the applicable tariffs or regulatory requirements, this Agreement
shall supplement the tariffs or regulatory requirements, and it shall be
construed to the fullest extent possible in harmony with such tariffs or
regulatory requirements.
SECTION XIII
MISCELLANEOUS
(a) Headings. Headings used in this Agreement are for reference only, do
not constitute part of this Agreement, and shall not be deemed to limit or
otherwise affect any of the provisions hereof.
(b) Notices. All notices, requests, demands, or other communications
required or permitted hereunder shall be in writing, shall be deemed delivered
(1) on the date of delivery when delivered by hand, (2) on the date of
transmission when sent by electronic mail or facsimile transmission during
normal business hours with telephone confirmation of receipt, (3) one (1) day
after dispatch when sent by overnight courier maintaining records of receipt, or
(4) three (3) days after dispatch when sent by registered mail, postage prepaid,
return-receipt requested, all addressed as follows (or at such other addresses
as shall be given in writing by either party to their other):
If to BA-__: Address: 0000 X. Xxxxx Xxxxx Xxxx, 0xx Xxxxx
Xxxxxxxxx, XX 00000
Attn.: Manager-Local Interconnection
Facsimile: 000 000 0000
Telephone: 000 000 0000
If to Carrier: Address:
Attn:
17
EXHIBIT D
Facsimile:
Telephone:
(c) Successors; Assignment. This Agreement and all of the provisions
hereof shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and permitted assigns, and nothing herein shall be
construed to create any rights enforceable by any other person or third party.
This Agreement may not be assigned by either party (except by BA-__ to an
affiliate or successor in interest) without the prior written consent of the
other party, which consent shall not be unreasonably withheld.
(d) Waiver. No waiver of any right or term hereof shall be effective
unless in a writing executed by the waiving party. No waiver of any right or
privilege hereunder shall operate as a waiver of any subsequent or similar right
or privilege.
(e) Modifications. This Agreement may be modified or amended only by a
written agreement executed by the parties hereto.
(f) Counterparts. This Agreement may be executed in counterparts, all of
which shall be considered one and the same agreement and each of which shall be
deemed an original.
(g) Severability. If any term, provision, paragraph or clause of this
Agreement or any application thereof shall be held invalid or unenforceable in
any particular jurisdiction, the remainder of this Agreement and any other
application of such term, provision, paragraph or clause shall not be affected
thereby in such jurisdiction (where such remainder or application shall be
construed as if such invalid or unenforceable term, provision, paragraph or
clause has not been inserted), and this Agreement and such application of such
term, provision, paragraph or clause shall not be affected in any other
jurisdiction.
(h) Contingency. Neither party will be held liable for any delay or
failure in performance of this Agreement from any cause beyond its control and
without its fault or negligence including but not limited to acts of God, acts
of civil or military authority, government regulations, embargoes, epidemics,
wars, terrorist acts, riots, insurrections, fires, explosions, earthquakes,
nuclear accidents, floods, strikes, power blackouts, other major environmental
disturbances, unusually sever weather conditions, inability to secure products
or services of other persons or transportation facilities, or acts or omissions
of transportation common carriers.
(i) Governing Law. Except as otherwise expressly provided herein, this
Agreement shall be interpreted, construed and governed by the laws of the State
of ____________, without regard to conflict of law provisions.
(j) Confidentiality. Unless by mutual agreement, or except to the extent
directed by a court of competent jurisdiction, neither party shall disclose this
Agreement or the terms hereof to any person other than such party's affiliates
or such party's officers, employees and consultants,
18
EXHIBIT D
who are similarly bound hereby. This paragraph shall not prevent the filing of
this Agreement with a state or federal commission having jurisdiction over the
parties hereto if such filing is required by rule or order of that commission;
provided, however, that the parties hereto shall jointly request that the
Agreement be treated as confidential by that commission to the extent permitted
under the commission's regulations and procedures. Each party hereto must
maintain the confidentiality of all message, billing, traffic, and call records,
traffic volumes and all other material information and data pertaining to the
traffic covered by this Agreement and the carriers and end users associated with
such traffic.
(k) Remedies under Law. All remedies available to the parties hereto under
the terms of this Agreement shall be in addition to, and not by way of
limitation of, any other rights that said parties may have at law or equity,
none of which are hereby waived.
(l) Entire Agreement. This Agreement, including all Attachments and
Schedules attached hereto, contains the entire agreement, and supersedes and
voids any prior understanding, between BA-__ and Carrier regarding the subject
matter hereof.
19
In witness whereof, the undersigned parties have caused this Agreement
to be executed on their behalf this _________ day of _________ , 19__.
Witness: [Carrier]
____________________ By: _________________________________
Witness: Xxxx Atlantic - _______________, Inc.
____________________ By: _________________________________
20
EXHIBIT D
ATTACHMENT A
BASIS OF COMPENSATION
CHARGES FOR ADMINISTRATION OF ITORP AND ITORP PROCESSING
X. Xxxx Atlantic - _____________, Inc. charges the following rates for
providing ITORP services:
Rate Per Message/ Month
1. Administrative Charge $
2. Processing Charge Elements:
a. Terminating Traffic $
b. Minute/Message $
c. 800/888 Message $
d. Net Compensation $
e. Collected Revenue Processing Charge $
3. Minimum Monthly Fee $
4. Alternately Billed Calls $
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EXHIBIT D
ATTACHMENT B
I.
Message Telecommunications Service - Terminating to Carrier
Rate Element Billing Company
------------ ---------------
Carrier Common Line Carrier
End Office Carrier
Transport based on negotiated billing percentages (BIPs)
II.
800/888 - Terminating to or originating from Carrier Customers
Rate Element Billing Company
------------ ---------------
Carrier Common Line Originating Company
End Office Originating Company
Transport based on negotiated billing percentages (BIPs)
Query Originating Company
III.
Local Exchange - Terminating to Carrier
Rate Element Billing Company
------------ ---------------
Local E.O. Termination Charge Carrier
Transport based on negotiated billing percentages (BIPs)
22