EXHIBIT 10.12
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
Dated as of February 24, 1999
by and between
NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY,
d/b/a
XXXX ATLANTIC - RHODE ISLAND
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
24th day of February, 1999 (the "Effective Date"), by and between New England
Telephone and Telegraph Company, d/b/a Xxxx Atlantic - Rhode Island ("BA"), a
Rhode Island corporation with offices at 000 Xxxxxxxx Xxxxxx, Xxxxxx,
Xxxxxxxxxxxxx, 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 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 Xxxxxx Fiber Communications and BA, dated as of May 22, 1997, for Rhode
Island, approved by the Commission under Section 252 of the Act the (the,
"Separate Agreement") and attached as Appendix 1 hereto; and
WHEREAS, BA has undertaken to make such terms and conditions available to
HarvardNet hereby only because of and, to the extent required by, Section 252(i)
of the Act.
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 Xxxxxx Fiber Communications or to
Xxxxxx Fiber 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 Appendix 1 hereto, this Agreement shall continue in
effect in accordance with Section 21 of Appendix 1 until the Separate Agreement
expires or is otherwise terminated.
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".
1.5 The Joint Network Configuration and Grooming Plan referred to in
Section 8.1 of Appendix 1 hereto shall be developed upon the request of either
Party within a reasonable amount of time after receipt of such request, but an
initial plan shall be established no more than six months after the request is
made.
1.6 If HarvardNet so requests, at such time as BA makes available the
Performance Monitoring Reports set forth in the Memorandum Opinion and Order
adopted by the FCC on August 14, 1997 (the "FCC Merger Order") to other
Telecommunications Carriers purchasing Interconnection from BA, BA shall provide
HarvardNet with the Performance Monitoring Reports applicable to HarvardNet in
accordance with the requirements of said FCC Merger Order in lieu of the
quarterly performance reports set forth in Schedules 27.2A through 27.2D
thereto.
1.7 Notices to HarvardNet under Section 29.12 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
1.8 Notices to BA under Section 29.12 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:
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Xxxx Atlantic Rhode Island
Attn: Xxxxx X. Xxxxxxxxxx
General Counsel
Room 1403
000 Xxxxxxxx Xxxxxx
Xxxxxx, Xxxxxxxxxxxxx 00000
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
1.9 Schedule 4.0 set forth at Appendix 2 hereto shall replace and
supersede in its entirety Schedule 4.0 of Appendix 1 hereto.
2.0 Clarifications
2.1 BA and HarvardNet have entered into this Agreement in accordance with
the requirements of 47 USC ss. 252(i). However, BA has advised HarvardNet that
BA disputes the applicability of the Separate Agreement's Reciprocal
Compensation arrangements to traffic that is transmitted to or returned from the
Internet at any point during the duration of the transmission ("Internet
Traffic"), (herein the "Disputed Issue"). BA believes that Internet Traffic is
not "Local Traffic" pursuant to Section 5.7 of the Separate Agreement and
HarvardNet disagrees.
2.2 The execution of this Agreement does not constitute (1) an admission
by either Party that the other Party's interpretation thereof is lawful or
reasonable; or (2) a release or waiver by either Party of its claims and
defenses pertaining to the Disputed Issue. Xxxx Atlantic agrees to be bound by
the terms of the Separate Agreement only as and to the extent required by
Section 252(i). Moreover, 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 pursuant to Section 28 of the Separate
Agreement. Nor does it constitute a waiver of any right available under
Applicable Law, in connection with either the Disputed Issue or with
HarvardNet's election under 47 U.S.C. ss. 252(i): (1) to petition the
Commission, other administrative body or court for reconsideration or reversal
of any determination made by such body or court or (2) to seek enforcement or
review of this Agreement or the Separate Agreement.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of this 24th day of February, 1999.
HARVARDNET, INC. XXXX ATLANTIC-RHODE ISLAND, INC.
By: /s/ Xxxx Xxxxxxxx By: /s/ Xxxxxxx X. Xxxxxxx
--------------------------- ------------------------------------
Printed: Xxxx Xxxxxxxx Printed: Xxxxxxx X. Xxxxxxx
---------------------- ------------------------------------
Title: President & CEO Title: Vice-President - Interconnection
------------------------- Services Policy & Planning
--------------------------------
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APPENDIX 1
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
Dated as of May 22, 1997
by and between
NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY
and
XXXXXX FIBER COMMUNICATIONS
FOR RHODE ISLAND
TABLE OF CONTENTS
Section Page
1.0 DEFINITIONS 1
2.0 INTERPRETATION AND CONSTRUCTION 7
3.0 SCOPE 7
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2) 7
4.1 Scope 7
4.2 Physical Architecture 8
4.3 Initial Interim Architecture 8
4.4 Technical Specifications 8
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE TRAFFIC
PURSUANT TO SECTION 251(c)(2) 9
5.1 Scope of Traffic 9
5.2 Switching System Hierarchy 9
5.3 Trunk Group Architecture and Traffic Routing 10
5.4 Signaling 11
5.5 Grades of Service 11
5.6 Measurement and Billing 11
5.7 Reciprocal Compensation Arrangements -- Section 251(b)(5) 12
5.8 Municipal Calling Service 13
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT TO
SECTION 251(c)(2) 13
6.1 Scope of Traffic 13
6.2 Trunk Group Architecture and Traffic Routing 13
6.3 Meet-Point Billing Arrangements 14
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC 14
7.1 Information Services Traffic 14
7.2 Tandem Transient Service 15
7.3 Dedicated Transit Service 16
7.4 911/E911 Arrangements 17
8.0 JOINT NETWORK CONFIGURATION AND GROOMING PLAN; INSTALLATION,
MAINTENANCE, TESTING AND REPAIR 18
8.1 Joint Network Configuration and Grooming Plan 18
8.2 Installation, Maintenance, Testing and Repair 18
9.0 UNBUNDLED ACCESS -- SECTION 251(c)(3) 18
9.1 Local Link Transmission Types 18
9.2 ADSL and HDSL 19
9.3 Port Types 20
9.4 Private Lines and Special Access 20
9.5 Limitations on Unbundled Access 21
9.6 Availability of Other Network Elements on an Unbundled Basis 22
9.7 Provisioning of Unbundled Links 22
9.8 Maintenance of Unbundled Network Elements 24
9.9 True-up of Monthly Unbundled Link Charges for Rhode Island 24
10.0 RESALE -- SECTIONS 251(c)(4) and 251(b)(1) 26
10.1 Availability of Wholesale Rates for Resale 26
10.2 Availability of Retail Rates for Resale 26
10.3 Term and Volume Discounts 26
11.0 NOTICE OF CHANGES -- SECTION 251(c)(5) 26
12.0 COLLOCATION -- SECTION 251(c)(6) 26
13.0 NUMBER PORTABILITY -- SECTION 251(b)(2) 27
13.1 Scope 27
13.2 Procedures for Providing INP Through Remote Call Forwarding 27
13.3 Procedures for Providing INP Through Route Indexing 28
13.4 Procedures for Providing INP Through Full NXX Code Migration 28
13.5 Receipt of Terminating Compensation on Traffic to INP'ed
Numbers 29
13.6 True-up of Monthly INP Costs 30
14.0 NUMBER RESOURCE ASSIGNMENTS 30
15.0 DIALING PARITY -- SECTION 251(b)(3) 30
16.0 ACCESS TO RIGHTS-OF-WAY -- SECTION 251(b)(4) 30
17.0 DATABASES AND SIGNALING 31
18.0 REFERRAL ANNOUNCEMENT 31
19.0 DIRECTORY SERVICES ARRANGEMENTS 31
19.1 Directory Listings and Directory Distributions 31
19.2 Directory Assistance (DA) and Operator Services 32
20.0 GENERAL RESPONSIBILITIES OF THE PARTIES 34
21.0 TERM AND TERMINATION 36
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22.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES 37
23.0 CANCELLATION CHARGES 37
24.0 NON-SEVERABILITY 37
25.0 INDEMNIFICATION 37
26.0 LIMITATION OF LIABILITY 38
27.0 PERFORMANCE STANDARDS AND REPORTING REQUIREMENTS 39
27.1 Performance Standards 39
27.2 Reporting Requirements 39
28.0 REGULATORY APPROVAL 40
29.0 MISCELLANEOUS 40
29.1 Authorization 40
29.2 Compliance 41
29.3 Compliance with the Communications Law Enforcement Act of 1994 41
29.4 Independent Contractor 41
29.5 Force Majeure 41
29.6 Confidentiality 41
29.7 Governing Law 42
29.8 Taxes 43
29.9 Non-Assignment 43
29.10 Non-Waiver 43
29.11 Disputed Amounts 43
29.12 Notices 44
29.13 Publicity and Use of Trademarks or Service Marks 45
29.14 Section 252(i) Obligations 45
29.15 Joint Work Product 45
29.16 No Third Party Beneficiaries; Disclaimer of Agency 45
29.17 No License 45
29.18 Technology Upgrades 46
29.19 Survival 46
29.20 Scope of Agreement 46
29.21 Entire Agreement 46
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LIST OF SCHEDULES AND EXHIBIT
Schedules
Schedule 1.0 Certain Terms As Defined in the Act
Schedule 4.0 Network Interconnection Schedule
Schedule 8.2 NYNEX Intervals for Installation
Schedule 27.1 NYNEX Performance Standards
Schedule 27.1(A) XXXXXX FIBER Service Quality Criteria
Schedule 27.2 Performance Measurement Reports
Pricing Schedule
Exhibit
Exhibit A Network Element Bona Fide Request
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INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
This Interconnection Agreement under Sections 251 and 252 of the
Telecommunications Act of 1996 ("Agreement"), is effective as of the 10th day of
April, 1997 (the "Effective Date"), by and between Xxxxxx Fiber Communications
Inc., ("XXXXXX FIBER") a corporation with offices at Xxx Xxx Xxxxx Xxxxxx,
Xxxxxxxxxx, XX 00000 and New England Telephone and Telegraph Company d/b/a NYNEX
("NYNEX" or "NET"), a New York corporation with offices at 000 Xxxxxxxx Xxxxxx,
Xxxxxx, Xxxx. 00000.
WHEREAS the Parties want to interconnect their networks at mutually agreed
upon points of Interconnection to provide Telephone Exchange Services (as
defined below) and Exchange Access (as defined below) to their respective
Customers; and
WHEREAS the Parties are entering into this Agreement to set forth the
respective obligations of the Parties and the terms and conditions under which
the Parties will interconnect their networks and provide other services as
required by the Act (as defined below) and additional services as set forth
herein;
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, XXXXXX FIBER and NYNEX hereby agree as follows:
1.0 DEFINITIONS
As used in this Agreement, the following terms shall have the meanings
specified below in this Section 1.0. For convenience of reference only, the
definitions of certain terms that are As Defined in the Act (as defined below)
are set forth on Schedule 1.0. Schedule 1.0 sets forth the definitions of such
terms as of the date specified on such Schedule and neither Schedule 1.0 nor any
revision, amendment or supplement thereof intended to reflect any revised or
subsequent interpretation of any term that is set forth in the Act is intended
to be a part of or to affect the meaning or interpretation of this Agreement.
1.1 "Act" means the Communications Act of 1934 (47 U.S.C. ss. 151, et
seq.), as amended by the Telecommunications Act of 1996, and as from time to
time interpreted in the duly authorized rules and regulations of the FCC or a
state regulatory agency within its state of jurisdiction.
1.2 "ADSL" or "Asymmetrical Digital Subscriber Line" means a transmission
technology which transmits an asymmetrical digital signal using one of a variety
of line codes as specified in ANSI standards T1.413-1995-007R2.
1.3 "Affiliate" is As Defined in the Act.
1.4 "Agreement for Switched Access Meet Point Billing" means the Agreement
for Switched Access Meet Point Billing between the Parties as amended.
1.5 "As Defined in the Act" means as specifically defined by the Act and
as from time to time interpreted in the duly authorized rules and regulations of
the FCC or the PUC.
1.6 "As Described in the Act" means as described in or required by the Act
and as from time to time interpreted in the duly authorized rules and
regulations of the FCC or the PUC.
1.7 "Automatic Number Identification" or "ANI" means a Feature Group D
signaling parameter which refers to the number transmitted through a network
identifying the billing number of the calling party.
1.8 "Busy Line Verification/Busy Line Verification Interrupt Traffic" or
"BLV/BLVI Traffic" means an operator service call in which the caller inquires
as to the busy status of or requests an interruption of a call on another
Customer's Telephone Exchange Service line.
1.9 "Calling Party Number" or "CPN" is a Common Channel Interoffice
Signaling ("CCIS") parameter which refers to the number transmitted through a
network identifying the calling party.
1.10 "Central Office Switch" means a switch used to provide
Telecommunications Services, including, but not limited to:
(a) "End Office Switches" which are used to terminate Customer
station Links for the purpose of interconnection to each other and to
trunks; and
(b) "Tandem Office Switches" ("Tandems") which are used to connect
and switch trunk circuits between and among other Central Office Switches.
A Central Office Switch may also be employed as a combination End
Office/Tandem Office Switch.
1.11 "CCS" means one hundred (100) call seconds.
1.12 "CLASS Features" means certain CCIS-based features available to
Customers including, but not limited to: Automatic Call Back; Call Trace; Caller
Identification; Call Return and future CCIS-based offerings.
1.13 "Collocation" means an arrangement whereby one Party's (the
"Collocating Party") facilities are terminated in its equipment necessary for
Interconnection or for
2
access to Network Elements on an unbundled basis which has been installed and
maintained at the premises of a second Party (the "Housing Party"). For purposes
of Collocation, the "premises" of a Housing Party is limited to the occupied
structure or portion thereof in which such Housing Party has the exclusive right
of occupancy. Collocation will be "physical," unless physical collocation is not
practical for technical reasons or because of space/limitations, in which case
virtual collocation will be provided, subject to PUC approval. In "Physical
Collocation," the Collocating Party installs and maintains its own equipment in
the Housing Party's premises.
1.14 Commission means the Rhode Island Public Utilities Commission
("PUC").
1.15 "Customer" means a third-party residence or business that subscribes
to Telecommunications Services provided by either of the Parties.
1.16 "Common Channel Interoffice Signaling" or "CCIS" means the signaling
system, developed for use between switching systems with stored-program control,
in which all of the signaling information for one or more groups of trunks is
transmitted over a dedicated high-speed data link rather than on a per-trunk
basis and, unless otherwise agreed by the Parties, the CCIS used by the Parties
shall be SS7.
1.17 "Cross Connection" means a connection provided pursuant to
Collocation at the Digital Signal Cross Connect, Main Distribution Frame or
other suitable frame or panel between (i) the Collocating Party's equipment and
(ii) the equipment or facilities of the Housing Party.
1.18 "Dialing Parity" is As Defined in the Act. As used in this Agreement,
Dialing Parity refers to both Local Dialing Parity and Toll Dialing Parity.
"Local Dialing Parity" means the ability of Telephone Exchange Service Customers
of one LEC to select a provider and make local calls without dialing extra
digits. "Toll Dialing Parity" means the ability of Telephone Exchange Service
Customers of a LEC to place toll calls (inter or intraLATA) which are routed to
a toll carrier (intraLATA or interLATA) of their selection without dialing
access codes or additional digits and with no unreasonable dialing delay.
1.19 "Digital Signal Level" means one of several transmission rates in the
time-division multiplex hierarchy.
1.20 "Digital Signal Level 0" or "DS0" means the 64 Kbps zero-level signal
in the time-division multiplex hierarchy.
1.21 "Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level
signal in the time-division multiplex hierarchy. In the time-division
multiplexing hierarchy of the telephone network, DS1 is the initial level of
multiplexing.
3
1.22 "Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level
in the time-division multiplex hierarchy. In the time-division multiplexing
hierarchy of the telephone network, DS3 is defined as the third level of
multiplexing.
1.23 "Direct Customer Access Service" or "DCAS" is an electronic interface
system provided by NYNEX to facilitate the ordering, provisioning and
maintenance of various interconnection arrangements.
1.24 "Exchange Message Record" or "EMR" means the standard used for
exchange of Telecommunications message information among Telecommunications
providers for billable, non-billable, sample, settlement and study data. The EMR
format is contained in Bellcore Practice BR-010-200-010 XXXX Exchange Message
Record.
1.25 "Exchange Access" is As Defined in the Act.
1.26 "FCC" means the Federal Communications Commission.
1.27 "Fiber-Meet" means an Interconnection architecture method whereby the
Parties physically Interconnect their networks via an optical fiber interface
(as opposed to an electrical interface) at a mutually agreed upon location.
1.28 "High-Bit Rate Digital Subscriber Line" or "HDSL" means a
transmission technology which transmits up to a DS1-level signal, using any one
of the following line codes: 2 Binary / 1 Quartenary ("2B1Q"), Carrierless
AM/PM, Discrete Multitone ("DMT"), or 3 Binary / 1 Octel ("3BO").
1.28a "Information Service" is As Defined in the Act.
1.29 "Information Service Traffic" means Local Traffic or IntraLATA Toll
Traffic which originates on a Telephone Exchange Service line and which is
addressed to an information service provided over a Party's information services
platform.
1.30 "Integrated Digital Loop Carrier" means a subscriber loop carrier
system which integrates within the switch, at a DS1 level, twenty-four (24)
Local Link Transmission paths combined into a 1.544 Mbps digital signal.
1.31 "Interconnection" is As Described in the Act and refers to the
connection of a network, equipment, or facilities, of one carrier with the
network, equipment, or facilities of another for the purpose of transmission and
routing of Telephone Exchange Service traffic and Exchange Access traffic.
1.32 "Interexchange Carrier" or "IXC" means a carrier that provides,
directly or indirectly, interLATA or intraLATA Telephone Toll Services.
4
1.33 "Interim Telecommunications Number Portability" or "INP" is As
Described in the Act.
1.34 "InterLATA Service" is As Defined in the Act.
1.35 "Integrated Services Digital Network" or "ISDN" means a switched
network service that provides end-to-end digital connectivity for the
simultaneous transmission of voice and data. Basic Rate Interface-ISDN
(BRI-ISDN) provides for a digital transmission of two 64 Kbps bearer channels
and one 16 Kbps data channel (2B+D).
1.36 "IntraLATA Toll Traffic" means those intraLATA station calls that are
not defined as Local Traffic in this Agreement.
1.37 "Local Access and Transport Area" or "LATA" is As Defined in the Act.
1.38 "Local Traffic" means a call which is originated and terminated
within a local service area as defined in P.U.C. - RI Tariff No. 15, Part A,
Section 6. IntraLATA calls originated on a 1+ presubscription basis when
available or a casual dialed (10XXX/101XXXX) basis are not considered local
traffic.
1.39 "Local Exchange Carrier" or "LEC" is As Defined in the Act.
1.40 "Local Link Transmission" or "Link" means the entire transmission
path which extends from the network interface/demarcation point at a Customer's
premises to the Main Distribution Frame or other designated frame or panel in a
Party's Wire Center which serves the Customer. Links are defined by the
electrical interface rather than the type of facility used.
1.41 "Losses" means any and all losses, costs (including court costs),
claims, damages (including fines, penalties, and criminal or civil judgments and
settlements), injuries, liabilities and expenses (including attorneys' fees).
1.42 "Main Distribution Frame" or "MDF" means the distribution frame of
the Party providing the Link used to interconnect cable pairs and line and trunk
equipment terminals on a switching system.
1.43 "Meet-Point Billing" means the process whereby each Party bills the
appropriate tariffed rate for its portion of a jointly provided Switched
Exchange Access Service as agreed to in the Agreement for Switched Access Meet
Point Billing.
1.44 "Municipal Calling Service" is a calling service arrangement provided
on a non-optional basis to Customers in municipalities served by more than one
exchange or locality where toll charges would normally apply. Calls between
exchanges or localities serving the same municipality are not chargeable as toll
except for calls originating from
5
coin (public and semi-public) telephones, terminating at public telephones, or
made to or from foreign exchange lines unless dial tone for the foreign exchange
line is provided from a central office serving some portion of the municipality
in which the foreign exchange line service address is located.
1.45 "Network Element" is As Defined in the Act.
1.46 "Network Element Bona Fide Request" means the process described in
Exhibit A that prescribes the terms and conditions relating to a Party's request
that the other Party provide a Network Element not otherwise provided by the
terms of this Agreement.
1.47 "North American Numbering Plan" or "NANP" means the numbering plan
used in the United States, Canada, Bermuda, Puerto Rico and certain Caribbean
Islands. The NANP format is a 10-digit number that consists of a 3-digit NPA
code (commonly referred to as the area code), followed by a 3-digit NXX code and
4-digit line number.
1.48 "Number Portability" is As Defined in the Act.
1.49 "NXX" means the three-digit code which appears as the first three
digits of a seven digit telephone number.
1.50 "Party" means either NYNEX or XXXXXX FIBER, and "Parties" means NYNEX
and XXXXXX FIBER.
1.51 "Port" means a termination on a Central Office Switch that permits
Customers to send or receive Telecommunications over the public switched
network, but does not include switch features or switching functionality.
1.52 "POT Bay" or "Point of Termination Bay" means the intermediate
distributing frame system which serves as the point of demarcation for
collocated interconnection.
1.53 "Rate Center" means the specific geographic point which has been
designated by a given LEC as being associated with a particular NPA-NXX code
which has been assigned to the LEC for its provision of Telephone Exchange
Service. The Rate Center is the finite geographic point identified by a specific
V&H coordinate, which is used by that LEC to measure, for billing purposes,
distance sensitive transmission services associated with the specific Rate
Center. Rate Centers will be identical for each Party until such time as XXXXXX
FIBER establishes its own Rate Centers within an area.
1.54 "Reciprocal Compensation" is As Described in the Act.
6
1.55 "Route Indexing" means the provision of Interim Number Portability
through the use of direct trunks provisioned between End Offices of NYNEX and
XXXXXX FIBER over which inbound traffic to a ported number will be routed.
1.56 "Routing Point" means a location which a LEC has designated on its
own network as the homing (routing) point for inbound traffic to one or more of
its NPA-NXX codes. The Routing Point is also used to calculate mileage
measurements for the distance-sensitive transport element charges of Switched
Exchange Access Services. Pursuant to Xxxx Communications Research, Inc.
("Bellcore") Practice BR 000-000-000 (the "Bellcore Practice"), the Routing
Point (referred to as the "Rating Point" in such Bellcore Practice) may be an
End Office Switch location or a "LEC Consortium Point of Interconnection."
Pursuant to such Bellcore Practice, each "LEC Consortium Point of
Interconnection" shall be designated by a common language location identifier
(CLLI) code with (x)KD in positions 9, 10, 11, where (x) may be any alphanumeric
A-Z or 0-9. The Routing Point must be located within the LATA in which the
corresponding NPA-NXX is located. However, Routing Points associated with each
NPA-NXX need not be the same as the corresponding Rate Center, nor must there be
a unique and separate Routing Point corresponding to each unique and separate
Rate Center; provided only that the Routing Point associated with a given
NPA-NXX must be located in the same LATA as the Rate Center associated with the
NPA-NXX.
1.57 "Service Control Point" or "SCP" means a component of the signaling
network that acts as a database to provide information to another component of
the signaling network (i.e., Service Switching Point or another SCP) for
processing or routing certain types of network calls. A query/response mechanism
is typically used in communicating with an SCP.
1.58 "Signaling Transfer Point" or "STP" means a component of the
signaling network that performs message routing functions and provides
information for the routing of messages between signaling network components. An
STP transmits, receives and processes CCIS messages.
1.59 "Switched Exchange Access Service" means the offering of transmission
or switching services to Telecommunications Carriers for the purpose of the
origination or termination of Telephone Toll Service. Switched Exchange Access
Services include: Feature Group A, Feature Group B, Feature Group D, 800/888
access, and 900 access and their successors or similar Switched Exchange Access
services.
1.60 "Synchronous Optical Network" or "SONET" means an optical interface
standard that allows inter-networking of transmission products from multiple
vendors. The base transmission rate is 51.84 Mbps (OC-1/STS-1) and higher rates
are direct multiples of the base rate.
1.61 "Technically Feasible Point" is As Described in the Act.
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1.62 "Telecommunications" is As Defined in the Act.
1.63 "Telecommunications Act" means the Telecommunications Act of 1996 and
any rules and regulations promulgated thereunder.
1.64 "Telecommunications Carrier" is As Defined in the Act.
1.65 "Telecommunications Service" is As Defined in the Act.
1.66 "Telephone Exchange Service" is As Defined in the Act.
1.67 "Telephone Toll Service" is As Defined in the Act.
1.68 "Wire Center" means an occupied structure or portion thereof in which
a Party has the exclusive right of occupancy and which serves as a Routing Point
for Switched Exchange Access Service.
2.0 INTERPRETATION AND CONSTRUCTION
All references to Sections, Exhibits and Schedules shall be deemed to be
references to Sections of, and Exhibits and Schedules to, this Agreement unless
the context shall otherwise require. The headings of the Sections and the terms
defined in Schedule 1.0 are inserted for convenience of reference only and are
not intended to be a part of or to affect the meaning of this Agreement. Unless
the context shall otherwise require, any reference to any agreement, other
instrument (including NYNEX or other third party offerings, guides or
practices), statute, regulation, rule or tariff is to such agreement,
instrument, statute, regulation, rule or tariff as amended and supplemented from
time to time (and, in the case of a statute, regulation, rule or tariff, to any
successor provision).
3.0 SCOPE
This Agreement sets forth the terms and conditions under which XXXXXX
FIBER and NYNEX will interconnect their respective networks to enable XXXXXX
FIBER to provide Telecommunications Services consistent with the rights and
obligations set forth in Section 251 of the Act.
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2)
Subject to the terms and conditions of this Agreement, Interconnection of
the Parties' facilities and equipment pursuant to Section 4.0 for the
transmission and routing of Telephone Exchange Service traffic and Exchange
Access traffic shall be established on or before the corresponding
"Interconnection Activation Date" shown for the State of Rhode Island on
Schedule 4.0. Schedule 4.0 may be revised and supplemented from time to time
upon the mutual agreement of the Parties. Interconnection in the LATA shall be
accomplished through either (i) a Fiber-Meet as provided in Section 4.2, (ii)
Collocation
8
as provided in Section 12.0, (iii) any other Interconnection method provided by
applicable tariff, law, rule or regulation, or (iv) any other Interconnection
method to which the Parties may agree.
4.1 Scope
Section 4.0 describes the physical architecture for Interconnection of the
Parties' facilities and equipment for the transmission and routing of Local
Traffic and IntraLATA toll traffic pursuant to Section 251(c)(2) of the Act.
Sections 5.0 and 6.0 prescribe the specific logical trunk groups (and traffic
routing parameters) which will be configured over the physical connections
described in this Section 4.0 related to the transmission and routing of
Telephone Exchange Service Traffic and Exchange Access traffic, respectively.
Other trunk groups, as described in this Agreement, may be configured using this
architecture.
4.2 Physical Architecture
For LATA 130 identified on Schedule 4.0, XXXXXX FIBER and NYNEX shall
jointly engineer and operate a diverse Synchronous Optical Network ("SONET")
transmission system by which they shall interconnect their networks pursuant to
the joint network reconfiguration and grooming plan ("Joint Grooming Plan")
specified in Section 8.1, and according to the following minimum specifications:
4.2.1 The Parties shall establish physical Interconnection points at
the locations designated in Schedule 4.0. Interconnection points on XXXXXX
FIBER's network shall be designated as XXXXXX FIBER Interconnection Points
("B-IP"); Interconnection points on the NYNEX network shall be designated as
NYNEX Interconnection Points ("N-IP"). The Parties may by mutual agreement
establish additional Interconnection points at any Technically Feasible Point
consistent with Act.
4.2.2 Unless otherwise mutually agreed, the SONET transmission
system in the LATA shall be pursuant to the Joint Grooming Plan. Each Party
shall be responsible for procuring, installing and maintaining the agreed-upon
Optical Line Terminating Multiplexor ("OLTM") equipment, fiber optic facilities
and other equipment as agreed pursuant to the Joint Grooming Plan.
4.2.3 Unless otherwise mutually agreed, the physical interface of
XXXXXX FIBER's and NYNEX's facilities necessary to effect the SONET transmission
system shall be at the optical level via a Fiber-Meet or other comparable means.
4.3 Initial Interim Architecture
4.3.1 Where XXXXXX FIBER and NYNEX have implemented Interconnection
arrangements prior to execution of this Agreement, the Parties shall for an
interim period not exceeding twelve (12) months from the Interconnection
Activation
9
Date, maintain any preexisting physical Interconnection arrangements and,
pursuant to the Joint Grooming Plan, jointly coordinate and reconfigure such
arrangements to reflect the architecture described in Section 4.2 of this
Agreement.
4.3.2 The Parties agree to allow interim alternatives to the
architecture described in Section 4.2, utilizing electrical hand-offs, provided
the Parties mutually develop and agree on a plan to fully transition to an
arrangement reflective of Section 4.2 in that LATA within one hundred and eighty
(180) days following the Interconnection Activation Date listed for that LATA in
Schedule 4.0.
4.4 Technical Specifications
4.4.1 XXXXXX FIBER and NYNEX shall work cooperatively to install and
maintain a reliable network. XXXXXX FIBER and NYNEX shall exchange appropriate
information (e.g., maintenance contact numbers, network information, information
required to comply with law enforcement and other security agencies of the
Government and such other information as the Parties shall mutually agree) to
achieve this desired reliability.
4.4.2 XXXXXX FIBER and NYNEX shall work cooperatively to apply sound
network management principles by invoking network management controls to
alleviate or to prevent congestion.
4.4.3 The publication "Bellcore Technical Publication GR-342-CORE;
High Capacity Digital Special Access Service, Transmission Parameter Limits and
Interface Combinations" describes the practices, procedures, specifications and
interfaces generally utilized by NYNEX and is referenced herein to assist the
Parties in meeting their respective Interconnection responsibilities related to
electrical/optical interfaces.
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE TRAFFIC PURSUANT TO
SECTION 251(c)(2)
5.1 Scope of Traffic
Section 5.0 prescribes parameters for trunk groups (the "Traffic Exchange
Trunks") to be effected over the Interconnections specified in Section 4.0 for
the transmission and routing of Local Traffic and IntraLATA Toll Traffic between
the Parties' respective Telephone Exchange Service Customers and where such
traffic is not presubscribed for carriage by a third party carrier nor carried
by a third party carrier as casual dialed (10XXX and 101XXXX) traffic.
5.2 Switching System Hierarchy
10
5.2.1 For purposes of this Section 5.0, each of the following
Central Office Switches shall be designated as a "Primary Switch":
(a) Each Access Tandem NYNEX operates in the LATA;
(b) The initial switch XXXXXX FIBER employs to provide Telephone
Exchange Service in the LATA;
(c) Any Access Tandem XXXXXX FIBER may establish for provision of
Exchange Access in the LATA;
(d) Any additional switch XXXXXX FIBER may subsequently employ to
provide Telephone Exchange Service in the LATA which XXXXXX
FIBER may at its sole option designate as a Primary Switch;
provided that the total number of XXXXXX FIBER Primary
Switches for a LATA may not exceed the total number of NYNEX
Primary Switches for that LATA. To the extent XXXXXX FIBER
chooses to designate any additional switch as a Primary
Switch, it shall provide notice to NYNEX of such designation
at least ninety (90) days in advance of the date on which
XXXXXX FIBER activates such switch as a Primary Switch; and
(e) Any additional tandem switch NYNEX may subsequently employ to
provide access and/or sector traffic capacity within a LATA.
Traffic destined to sub-tending Secondary Switches routed via
such a tandem(s) would be determined by network requirements
and notice made available to all LECs at least one
hundred-eighty (180) days prior to service introduction.
5.2.2 Each Central Office Switch operated by the Parties which is
not designated as a Primary Switch pursuant to Section 5.2.1 shall be designated
as a "Secondary Switch".
5.2.3 For purposes of XXXXXX FIBER routing traffic to NYNEX,
sub-tending arrangements between NYNEX Primary Switches and NYNEX Secondary
Switches shall be the same as the Access Tandem/End Office sub-tending
arrangements which NYNEX maintains for those switches. For purposes of NYNEX
routing traffic to XXXXXX FIBER, subtending arrangements between XXXXXX FIBER
Primary Switches and XXXXXX FIBER Secondary Switches shall be the same as the
Access Tandem/End Office sub-tending arrangements which XXXXXX FIBER maintains
for those switches.
5.3 Trunk Group Architecture and Traffic Routing
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The Parties shall jointly engineer and configure Traffic Exchange Trunks
over the physical Interconnection arrangements for the transport and termination
of Telephone Exchange Service Traffic, as follows:
5.3.1 The Parties shall initially configure a separate two-way trunk
group, and operate as one-way or two-way as mutually agreed to by both Parties,
as a direct transmission path between each XXXXXX FIBER Primary Switch and each
NYNEX Primary Switch.
5.3.2 Notwithstanding anything to the contrary in this Section 5.0,
if the two- way traffic volumes between any two Central Office Switches (whether
Primary-Primary, Primary-Secondary or Secondary-Secondary) at any time exceeds
the CCS busy hour equivalent of one DS-1, the Parties shall within sixty (60)
days after such occurrence add trunks or establish new direct trunk groups
consistent with the grades of service and quality parameters set forth in the
Joint Grooming Plan addressed in Section 8.0.
5.4 Signaling
5.4.1 Where available, CCIS signaling shall be used by the Parties
to set up calls between the Parties' Telephone Exchange Service networks. If
CCIS signaling is unavailable, MF (Multi-Frequency) signaling shall be used by
the Parties. In the interim, each Party shall charge the other Party equal and
reciprocal rates for CCIS signaling in accordance with applicable tariffs. In
the event XXXXXX FIBER does not have an effective tariff rate, it shall charge
NYNEX at the tariffed NYNEX rate. During the term of this Agreement neither
Party shall charge the other Party additional usage-sensitive rates for SS7
queries (TCAP and ISUP) made for Local Traffic interchanged between the Parties.
5.4.2 The publication "Bellcore Special Report SR-TSV-002275, BOC
Notes on the LEC Networks - Signaling" describes the practices, procedures and
specifications generally utilized by NYNEX for signaling purposes and is
referenced herein to assist the Parties in meeting their respective
Interconnection responsibilities related to signaling.
5.4.3 The Parties will cooperate on the exchange of Transactional
Capabilities Application Part ("TCAP") messages to facilitate interoperability
of CCIS-based features between their respective networks, including all CLASS
features and functions, to the extent each Party offers such features and
functions to its Customers. All CCIS signaling parameters will be provided
including, calling party number ("CPN"), originating line information (OLI),
calling party category and charge number.
5.4.4 Upon request, each Party shall provide trunk groups where
available that are configured utilizing the B8ZS ESF protocol for 64 Kbps clear
channel transmission to allow for ISDN interoperability between the Parties'
respective networks.
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5.5 Grades of Service
The Parties shall initially engineer and shall jointly monitor and enhance
all trunk groups consistent with the Joint Grooming Plan.
5.6 Measurement and Billing
5.6.1 For billing purposes, each Party shall pass calling party
number information on each call carried over the Local/IntraLATA Trunks;
provided that so long as the percentage of calls passed with CPN is greater than
ninety percent (90%), all calls exchanged without CPN information shall be
billed as either Local Traffic or IntraLATA Toll Traffic in direct proportion to
the minutes of use of calls exchanged with CPN information.
5.6.2 Measurement of billing minutes (except for originating 800/888
calls) shall be in actual conversation seconds. Measurement of billing minutes
for originating 800/888 calls shall be in accordance with applicable tariffs.
5.6.3 Where CPN is not available in a LATA for greater than ten
percent (10%) of the traffic, the party sending the traffic shall provide
factors to determine the jurisdiction, as well as local vs. toll distinction, of
the traffic. Such factors shall be supported by call record details that will be
made available for review upon request. Where parties are passing CPN but the
receiving party is not properly receiving or recording the information, the
Parties shall cooperatively work to correctly identify the traffic, and
establish a mutually agreeable mechanism that will prevent improperly rated
traffic. Notwithstanding this, if any improperly rated traffic occurs, the
Parties agree to reconcile it.
5.7 Reciprocal Compensation Arrangements -- Section 251(b)(5).
5.7.1 Reciprocal Compensation only applies to the transport and
termination of Local Traffic billable by NYNEX or XXXXXX FIBER which a Telephone
Exchange Service Customer originates on NYNEX's or XXXXXX FIBER's network for
termination on the other Party's network except as provided in Section 5.7.6
below.
5.7.2 The Parties shall compensate each other for transport and
termination of Local Traffic in an equal and symmetrical manner at the rate
provided in the Pricing Schedule. This rate is to be applied at the B-IP for
traffic delivered by NYNEX, and at the N-IP for traffic delivered by XXXXXX
FIBER. No additional charges, including Port or transport charges, shall apply
for the termination of Local Traffic delivered to the B-IP or the N-IP. When
Local Traffic is terminated over the same trunks as IntraLATA or InterLATA toll,
any Port or transport or other applicable access charges related to the toll
traffic shall be prorated to be applied only to the toll traffic.
13
5.7.3 The Reciprocal Compensation arrangements set forth in this
Agreement are not applicable to Switched Exchange Access Service or to any other
IntraLATA calls originated on a third Party carrier's network on a 1+
presubscribed basis or a casual dialed (10XXX or 101XXX) basis. All Switched
Exchange Access Service and all IntraLATA Toll Traffic shall continue to be
governed by the terms and conditions of the applicable federal and state
tariffs.
5.7.4 Each Party shall charge the other Party its effective
applicable tariffed IntraLATA switched access rates for the transport and
termination of all IntraLATA Toll Traffic.
5.7.5 The Parties agree to interconnect their respective frame relay
networks where facilities are available. Each Party will charge the other the
rates specified in the Pricing Schedule for Network-to-Network Interfaces
("NNI") in those instances where the Parties are interconnecting for the
purposes of terminating Telephone Exchange Service Traffic. NYNEX will charge
XXXXXX FIBER the same rates charged to other similarly situated local exchange
carriers for frame relay-to-frame relay network.
5.7.6 The rates for termination of Local Traffic are set forth in
the Pricing Schedule which is incorporated by reference herein.
5.7.7 Compensation for transport and termination of all traffic
which has been subject to performance of INP by one Party for the other Party
pursuant to Section 13.0 shall be as specified in Section 13.6.
5.7.8 When either Party delivers seven (7) or ten (10) digit
translated IntraLATA 800/888 service to the other Party for termination, the
originating party shall provide the terminating Party with billing records in
industry standard format (EMR) if required by the terminating Party. The
originating Party may xxxx the terminating Party for the delivery of the traffic
at local Reciprocal Compensation rates. The terminating Party may not xxxx the
originating Party Reciprocal Compensation under this Agreement. The Party that
is providing the 800/888 service shall pay the database inquiry charge per the
Pricing Schedule to the Party that performed the database inquiry.
5.8 Municipal Calling Service
The Parties shall work cooperatively to facilitate each Party's
public service obligations as required by the PUC to provide its end user
customers with toll free Municipal Calling Service ("MCS"). Such cooperation
shall include the sharing of certain account and toll free municipal ("TFM")
codes on a daily or other mutually agreeable basis and working with other
industry participants to satisfactorily resolve MCS related measurement and
billing issues associated with implementation of IntraLATA presubscription.
14
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT TO SECTION
251(c)(2)
6.1 Scope of Traffic
Section 6.0 prescribes parameters for certain trunk groups ("Access Toll
Connecting Trunks") to be established over the Interconnections specified in
Section 4.0 for the transmission and routing of Exchange Access traffic between
XXXXXX FIBER's Telephone Exchange Service Customers and Interexchange Carriers
("IXCs").
6.2 Trunk Group Architecture and Traffic Routing
6.2.1 The Parties shall jointly establish Access Toll Connecting
Trunks by which they will jointly provide tandem-transported Switched Exchange
Access Services to Interexchange Carriers to enable such Interexchange Carriers
to originate and terminate traffic from/to XXXXXX FIBER's Customers.
6.2.2 Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow XXXXXX FIBER's Customers to
connect to or be connected to the interexchange trunks of any Interexchange
Carrier which is connected to an NYNEX Access Tandem.
6.2.3 The Access Toll Connecting Trunks shall be two-way trunks, and
operated as one-way or two-way as mutually agreed to by both Parties, connecting
an End Office Switch XXXXXX FIBER utilizes to provide Telephone Exchange Service
and Switched Exchange Access in a given LATA to an Access Tandem Switch NYNEX
utilizes to provide Exchange Access in such LATA.
6.3 Meet-Point Billing Arrangements
6.3.1 Meet-Point Billing arrangements between the Parties for
jointly-provided Switched Exchange Access Services on Access Toll Connecting
Trunks will be governed by the terms and conditions of a mutually agreeable
arrangement, in accordance with Ordering and Billing Forum Guidelines, which the
Parties will cooperatively work to develop.
6.3.2 Until and unless changed by the FCC on a going forward basis,
XXXXXX FIBER shall retain one hundred percent (100%) of the Residual
Interconnection Charge in instances in which XXXXXX FIBER provides the End
Office switching.
6.3.3 For Meet-Point billing, XXXXXX FIBER's End Office switch
(i.e., Routing Point) shall subtend the NYNEX Access Tandem nearest to such
Routing Point, as measured in airline miles utilizing the V&H coordinate method.
Alternative configurations will be discussed as part of the Joint Grooming Plan
15
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC
7.1 Information Services Traffic
7.1.1 Each Party shall route Information Service Traffic which
originates on its own network to the appropriate information services
platform(s) connected to the other Party's network. XXXXXX FIBER and NYNEX will
jointly establish a dedicated trunk group to the NYNEX information services
switch. This trunk group will be utilized to allow XXXXXX FIBER to route
information service traffic originated on its network to NYNEX, and to allow
XXXXXX FIBER to receive Information Services Traffic from NYNEX for a trial of
interim number portability arrangements related to information services traffic.
7.1.2 The Party ("Originating Party") on whose network the
Information Services Traffic originated shall provide an electronic file
transfer or monthly magnetic tape containing recorded call detail information to
the Party ("Terminating Party") to whose information platform the Information
Services Traffic terminated.
7.1.3 The Terminating Party shall provide to the Originating Party
via electronic file transfer or magnetic tape or other means as available all
necessary information to rate the Information Services Traffic to the
Originating Party's Customers pursuant to the Terminating Party's agreements
with each information provider. Information shall be provided in as timely a
fashion as practical in order to facilitate record review and reflect actual
prices set by the individual information providers.
7.1.4 For fixed price services, the Originating Party shall xxxx and
collect such information provider charges and remit the amounts collected to the
Terminating Party less:
(a) The Information Services Billing and Collection fee set forth
on the Pricing Schedule; and
(b) Customer adjustments provided by the Originating Party.
The Originating Party shall provide to the Terminating Party sufficient
information regarding uncollectibles and Customer adjustments. The Terminating
Party shall pass through the adjustments to the information provider. However,
if the information provider disputes such adjustments and refuses to accept such
adjustments, the Originating Party shall reimburse the Terminating Party for all
such disputed adjustments. Final resolution regarding all disputed adjustments
shall be solely between the Originating Party and the information provider.
16
7.1.5 Nothing in this Agreement shall restrict either Party from
offering to its Exchange Service Customers the ability to block the completion
of Information Service Traffic.
7.1.6 The Parties will establish separate arrangements for the
billing and compensation of variable-rated information services.
7.1.7 NYNEX agrees that it shall make available to XXXXXX FIBER, at
XXXXXX FIBER's sole option, any Information Services arrangement NYNEX offers to
another Telecommunications Carrier at the same rates, terms and conditions
provided to such other Telecommunications Carrier, at the rates, terms and
conditions set forth in its applicable tariffs, or as provided by law, rule or
regulation.
7.2 Tandem Transient Service ("Transit Service")
7.2.1 "Transit Service" means the delivery of certain traffic
between XXXXXX FIBER and a LEC by NYNEX over the Local/IntraLATA/InterLATA
Trunks. The following traffic types will be delivered: (i) Local or Intralata
Toll Traffic originated from XXXXXX FIBER to such LEC and (ii) Local Traffic or
IntraLATA Toll Traffic originated from such LEC and terminated to XXXXXX FIBER
where NYNEX carries such traffic.
7.2.2 Subject to Section 7.2.4, the Parties shall compensate each
other for Transit Service as follows:
(a) XXXXXX FIBER shall pay NYNEX for Local Traffic XXXXXX FIBER
originated over the Transit Service at the rate specified in
the Pricing Schedule plus any additional charges or costs such
terminating LEC imposes or levies on NYNEX for the delivery or
termination of such traffic, including any switched access
charges;
(b) NYNEX shall pay XXXXXX FIBER for Local, InterLATA, or
IntraLATA Toll Traffic terminated to XXXXXX FIBER from such
LEC at the appropriate Reciprocal Compensation rates described
in Section 5.7, InterLATA access rates, or (where NYNEX
delivers such traffic pursuant to the PUC's primary toll
carrier plan or other similar plan) at XXXXXX FIBER's
applicable switched access rates or local termination rate,
whichever is appropriate.
7.2.3 While the Parties agree that it is the responsibility of a LEC
to enter into arrangements to deliver Local Traffic to XXXXXX FIBER, they
acknowledge that such arrangements are not currently in place and an interim
arrangement is necessary to ensure traffic completion. Accordingly, until the
earlier of (i) the date on which either Party has entered into an arrangement
with such LEC to deliver Local Traffic to XXXXXX FIBER or (ii) one-hundred and
eighty (180) days after the Interconnection
17
Activation Date, NYNEX will deliver and XXXXXX FIBER will terminate Local
Traffic originated from such LEC without charge to one another.
7.2.4 NYNEX expects that all networks involved in transit traffic
will deliver each call to each involved network with CCIS and the appropriate
Transactional Capabilities Application Part ("TCAP") message to facilitate full
interoperability of those services supported by NYNEX as noted in Section 1.12
and billing functions. In all cases, XXXXXX FIBER is responsible to follow the
Exchange Message Record ("EMR") standard and exchange records with both NYNEX
and the terminating LEC to facilitate the billing process to the originating
network.
7.2.5 NYNEX agrees that it shall make available to XXXXXX FIBER, at
XXXXXX FIBER's sole option, any Tandem Transient arrangement NYNEX offers to
another Telecommunications Carrier at the same rates, terms, and conditions
provided to such other Telecommunications carrier, at the rates, terms and
conditions set forth in its applicable tariffs, or as provided by law, rule or
regulation.
7.3 Dedicated Transit Service
7.3.1 "Dedicated Transit Service" provides for the dedicated
connection between a XXXXXX FIBER Collocation arrangement established pursuant
to applicable tariffs and/or license agreements at a NYNEX premises and a
Collocation arrangement of a third party carrier that maintains a Collocation
arrangement at the same premises. Dedicated Transit Service shall be provided
using a Cross-Connection (dedicated connection) using suitable NYNEX-provided
cable or transmission facilities or any other mutually agreed upon arrangement.
7.3.2 The carrier that requests the Dedicated Transit Service shall
be the customer of record for both ends of the service in terms of ordering,
provisioning, maintenance, and billing. Alternative arrangements may be utilized
if agreed upon by all three Parties.
7.3.3 NYNEX agrees that it shall make available to XXXXXX FIBER, at
XXXXXX FIBER's sole option, any Dedicated Transit arrangement NYNEX offers to
another Telecommunications Carrier at the same rates, terms, and conditions
provided to such other Telecommunications carrier, at the rates, terms and
conditions set forth in its applicable tariffs, or as provided by law, rule or
regulation.
7.4 911/E911 Arrangements
7.4.1 XXXXXX FIBER will interconnect to the NYNEX 911/E911 selective
router/911 tandems which serve the areas in which XXXXXX FIBER provides exchange
services, for the provision of 911/E911 services and for access to all
subtending Public Safety Answering Points ("PSAP's"). NYNEX will provide XXXXXX
FIBER with the appropriate CLLI codes and specifications of the tandem serving
area.
18
7.4.2 Path and route diverse interconnections for 911/E911 shall be
made at the B-IP, the N-IP, or other points as necessary and mutually agreed.
7.4.3 NYNEX will provide XXXXXX FIBER with an electronic interface
through which XXXXXX FIBER shall input and provide a daily update of 911/E911
database information related to appropriate XXXXXX FIBER Customers. NYNEX will
provide XXXXXX FIBER with the Master Street Address Guide (MSAG) so that XXXXXX
FIBER can ensure the accuracy of the data transfer. Additionally, NYNEX shall
assist XXXXXX FIBER in identifying the appropriate person in each municipality
for the purpose of obtaining the ten-digit Subscriber number of each PSAP.
7.4.4 NYNEX and XXXXXX FIBER will use their best efforts to
facilitate the prompt, robust, reliable and efficient Interconnection of XXXXXX
FIBER's systems to the 911/E911 platforms.
7.4.5 XXXXXX FIBER will compensate NYNEX for connections to its
911/E911 System pursuant to the Pricing Schedule.
7.4.6 Both Parties will comply with all applicable rules and
regulations pertaining to the provision of 911/E911 services in the State of
Rhode Island.
8.0 JOINT NETWORK CONFIGURATION AND GROOMING PLAN; AND INSTALLATION,
MAINTENANCE, TESTING AND REPAIR.
8.1 Joint Network Configuration and Grooming Plan. On or before August 1,
1997, XXXXXX FIBER and NYNEX shall jointly develop a grooming plan (the "Joint
Grooming Plan") which shall define and detail, inter alia,
(a) agreement on Physical Architecture consistent with the guidelines
defined in Section 4.0;
(b) standards to ensure that Interconnection trunk groups experience a
grade of service, availability and quality which is comparable to
that achieved on interoffice trunks within NYNEX's network and in
accord with all appropriate relevant industry-accepted quality,
reliability and availability standards;
(c) the respective duties and responsibilities of the Parties with
respect to the administration and maintenance of the trunk groups,
including but not limited to standards and procedures for
notification and discoveries of trunk disconnects;
(d) disaster recovery provision escalations;
19
(e) provisions for expediting orders; and
(f) such other matters as the Parties may agree.
8.2 Installation, Maintenance, Testing and Repair. NYNEX's standard
intervals as set forth in Schedule 8.2 attached will be utilized in connection
with the establishment of all Interconnection trunking arrangements between the
Parties. XXXXXX FIBER shall meet the same intervals for comparable
installations, maintenance, joint testing, and repair of its facilities and
services associated with or used in conjunction with Interconnection or shall
notify NYNEX of its inability to do so and will negotiate such intervals in good
faith.
9.0 UNBUNDLED ACCESS -- SECTION 251(c)(3)
Pursuant to Section 251 (c)(3), NYNEX shall provide nondiscriminatory
access to Network Elements on an Unbundled basis at any technically feasible
point on rates, terms and conditions that are just, reasonable and
nondiscriminatory in accordance with the terms an conditions of this Agreement
and Section 252 of the Act.
9.1 Local Link Transmission Types
Subject to Section 9.5, NYNEX shall allow XXXXXX FIBER to access the
following Link types unbundled from local switching and local transport in
accordance with the terms and conditions set forth in this Section 9.
9.1.1 "2-Wire Switched Analog Voice Grade Links" or "Analog 2W"
("SVGAL") which support analog transmission of 300-3000 Hz, repeat link start,
link reverse battery, or ground start seizure and disconnect in one direction
(toward the End Office Switch), and repeat ringing in the other direction
(toward the Customer). Analog 2W include Links sufficient for the provision of
PBX trunks, pay telephone lines and electronic key system lines.
9.1.2 "4-Wire Switched Analog Voice Grade Links" or "Analog 4W"
("SVGALs") which support transmission of voice grade signals using separate
transmit and receive paths and terminate in a 4-wire electrical interface.
9.1.3 "2-Wire ISDN Digital Grade Links" or "BRI ISDN" (Premium Link)
which support digital transmission of two 64 Kbps bearer channels and one 16
Kbps data channel. BRI ISDN is a 2B+D Basic Rate Interface-Integrated Services
Digital Network (BRI-ISDN) Link which will meet national ISDN standards and
conform to ANSI T1.601-1992 & T1E1.4 90-004R3.
20
9.1.4 Extended Link Extended Link service is a channel which enables
XXXXXX FIBER when it is physically collocated in a given NYNEX central office to
access unbundled links served from another NYNEX central office. Extended Link
service is a designed service (similar to special access and private line
services) which requires detailed engineering to assure that the service
provided conforms to specific transmission performance standards unique to the
specific service e.g., voice grade DS0, DS1 and DS3.
9.1.5 Links will be offered on the terms and conditions specified
herein and on such other terms in applicable tariffs that are not inconsistent
with the terms and conditions set forth herein. NYNEX shall make Links available
to XXXXXX FIBER at the rates specified in the Pricing Schedule, as amended from
time to time, subject to the provisions of Section 9.9 or as subsequently
determined by the PUC.
9.2 ADSL AND HDSL
9.2.1 The Parties acknowledge that ADSL is not currently deployed
for use in the NYNEX network. If the issues surrounding deployment of ADSL in
NYNEX's network are satisfactorily resolved and ADSL is deployed, NYNEX shall
allow XXXXXX FIBER access ADSL Links unbundled from local switching and local
transport in accordance with the terms and conditions set forth in this Section
9.0.
9.2.2 "2-Wire ADSL-Compatible Link" or "ADSL 2W" is a transmission
path that facilitates the transmission of up to a 6 Mbps digital signal
downstream (toward the Customer) and up to a 640 Kbps digital signal upstream
(away from the Customer) while simultaneously carrying an analog voice signal.
An ADSL-2W is provided over a 2-Wire non-loaded twisted copper pair provisioned
using revised resistance design guidelines and meeting ANSI Standard
T1.413-1995-007R2. An ADSL-2W terminates 2-wire electrical interface at the
Customer premises and at the NYNEX Central Office frame. ADSL technology can
only be deployed over Links which extend less than 18 Kft. From NYNEX's Central
Office. ADSL compatible Links will only be made available where existing copper
facilities can meet the ANSI T1.413-1995-007R2 specifications.
9.2.3 "2-Wire HDSL-Compatible Link" or "HDSL 2W" is a transmission
path that facilitates the transmission of a 768 Kbps digital signal over a
2-Wire non-loaded twisted copper pair meeting the specifications in ANSI T1E1
Committee Technical Report Number 28 / T1E1.4/92-002R3. HDSL compatible Links
will only be made available where existing copper facilities can meet the T1E1
Technical Report Number 28 specifications.
9.2.4 "4-Wire HDSL-Compatible Link" or "HDSL 4W" is a transmission
path that facilitates the transmission of a 1.544 Mbps digital signal over two
2-Wire non-loaded twisted copper pairs meeting the specifications in ANSI T1E1
Committee Technical Report Number 28. HDSL compatible Links will only be made
available where existing copper facilities can meet the specifications.
21
9.2.5 HDSL and ADSL compatible links will be offered on the terms
and conditions specified herein and on such other terms in applicable tariffs
that are not inconsistent with the terms and conditions set forth herein. NYNEX
shall make such links available to XXXXXX FIBER at rates approved by the PUC, as
amended from time to time.
9.3 Port Types
NYNEX shall make available to XXXXXX FIBER unbundled Ports in accordance
with the terms and conditions of and at the rates specified in the Pricing
Schedule.
9.4 Private Lines, Special Access and Switched Transport
NYNEX shall provide unbundled private lines, special access and switched
local transport from the trunk side of its switches in accordance with the terms
and conditions of and at the rates specified in applicable tariffs.
9.5 Limitations on Unbundled Access
9.5.1 Unless otherwise allowed by the FCC or PUC, XXXXXX FIBER may
not cross-connect a NYNEX-provided Link to a NYNEX- provided Port but instead
shall purchase a network access line under applicable tariffs.
9.5.2 NYNEX shall only be required to provide Links and Ports where
such Links and Ports are available.
9.5.3 XXXXXX FIBER shall access NYNEX's unbundled Network Elements
specifically identified in this Agreement via Collocation in accordance with
Section 12 at the NYNEX Wire Center where those elements exist and each Link or
Port shall be delivered to XXXXXX FIBER's Collocation node by means of a Cross
Connection which in the case of Links, is included in the rates set forth in the
Pricing Schedule, or via such other alternative Interconnection arrangement(s)
as the Parties may mutually agree, or FCC rules, the Act or PUC rules may
otherwise require.
9.5.4 NYNEX shall provide XXXXXX FIBER access to its unbundled Links
at each of NYNEX's Wire Centers. In addition, if XXXXXX FIBER's requests one or
more Links serviced by Integrated Digital Link Carrier or Remote Switching
technology deployed as a Link concentrator, NYNEX shall, where available, move
the requested Link(s) to a spare, existing physical Link at no charge to XXXXXX
FIBER. If, however, no spare physical Link is available, NYNEX shall within
three (3) business days of XXXXXX FIBER's request notify XXXXXX FIBER of the
lack of available facilities. XXXXXX FIBER may then at its discretion make a
Network Element Bona Fide
22
Request to NYNEX to provide the unbundled Link through the demultiplexing of the
integrated digitized Link(s). XXXXXX FIBER may also make a Network Element Bona
Fide Request for access to unbundled Links at the Link concentration site point.
Notwithstanding anything to the contrary in this Agreement, the provisioning
intervals set forth in Section 9.7 and the Performance Interval Dates and
Performance Criteria set forth in Section 27.0 shall not apply to unbundled
Links provided under this Section 9.5.4.
9.5.5 If XXXXXX FIBER orders a Link type and the distance requested
on such Link exceeds the transmission characteristics as referenced in the
corresponding Technical Reference specified below, distance extensions may be
required and additional rates and charges shall apply as set forth on the
Pricing Schedule.
Link Type Technical Reference/Limitation
Electronic Key Line 2.5 miles
ISDN Bellcore TA-NWT-000393
HDSL 2W T1E1 Technical Report Number 28
HDSL 4W T1E1 Technical Report Number 28
ADSL 2W ANSI T1.413-1995 Specification
9.6 Availability of Other Network Elements on an Unbundled Basis
9.6.1 NYNEX shall, upon request of XXXXXX FIBER, at any Technically
Feasible Point provide to XXXXXX FIBER access to its Network Elements on an
unbundled basis for the provision of XXXXXX FIBER's Telecommunications Service.
Any request by XXXXXX FIBER for access to a NYNEX Network Element that is not
already available shall be treated as a Network Element Bona Fide Request.
XXXXXX FIBER shall provide NYNEX access to its Network Elements as mutually
agreed by the Parties or as required by the Act, PUC or FCC.
9.6.2 NYNEX shall provide Network Elements to XXXXXX FIBER under
this Section 9.6 subject to the requirements of Sections 251 (c) (3) and (d) (2)
(A) and applicable FCC and/or PUC rules.
9.7 Provisioning of Unbundled Links
The following coordination procedures shall apply for new unbundled Links
and the conversions of "live" Telephone Exchange Services to unbundled Links
(herein after referred to as "hot cuts"):
9.7.1 XXXXXX FIBER shall request unbundled Links from NYNEX by
delivering to NYNEX a valid electronic transmittal Service Order using the NYNEX
electronic ordering platform (as cooperatively designed and implemented to meet
the minimum requirements for information exchange needed to order and provision
services to certified local exchange carriers and enhanced to support industry
standards as developed for interconnection services) or another mutually agreed
upon system. Within two (2) business days of NYNEX's receipt of a Service Order,
NYNEX shall provide XXXXXX FIBER the firm order commitment ("FOC") date
according to the applicable Performance
23
Standards set forth in Schedule 27.0 by which the Link(s) covered by such
Service Order will be installed.
9.7.2 NYNEX agrees to respond to XXXXXX FIBER's Service Orders on a
non-discriminatory basis consistent with the manner in which it provides service
to its own retail customers or any other Telecommunications Carrier.
9.7.3 NYNEX agrees to accept from XXXXXX FIBER at the time the
service request is submitted for scheduled conversion of hot cut unbundled link
orders, a desired date and time (the "Scheduled Conversion Time") in the "A.M."
(12:01 a.m. to 12:00 noon) or "P.M." (12:01 p.m. to 12:00 midnight) (as
applicable, the "Conversion Window") for the hot cut.
9.7.4 NYNEX shall test for XXXXXX FIBER dial tone at the POT bay by
testing through the tie cable provisioned between the NYNEX main distributing
frame and the XXXXXX FIBER expanded interconnection node forty-eight (48) hours
prior to the Scheduled Conversion Time.
9.7.5 Not less than one hour prior to the Scheduled Conversion Time,
either Party may contact the other Party and unilaterally designate a new
Scheduled Conversion Time (the "New Conversion Time"). If the New Conversion
Time is within the Conversion Window, no charges shall be assessed on or waived
by either Party. If, however, the New Conversion Time is outside of the
Conversion Window, the Party requesting such New Conversion Time shall be
subject to the following:
If NYNEX requests the New Conversion Time, the applicable Service
Order Charge shall be waived; and
If XXXXXX FIBER requests the New Conversion Time, XXXXXX FIBER shall
be assessed a Line Connection Charge in addition to the Service
Order Charge that will be incurred for the New Conversion Time.
9.7.6 Except as otherwise agreed by the Parties for a specific
conversion, such as large cutovers of ten lines or more that have negotiated
intervals, the Parties agree that the time interval expected from disconnection
of NYNEX's "live" Telephone Exchange Service to the connection of an unbundled
Network Element at the XXXXXX FIBER Collocation node's POT Bay will be
accomplished within a window of time as detailed following: Between the
effective date of this Agreement and 9/30/97 ninety (90) minutes; from 10/1/97
through the end of this agreement sixty (60) minutes or less. If a conversion
interval exceeds sixty (60) minutes and such delay is caused solely by NYNEX
(and not by a contributing Delaying Event (as defined in Section 27.4)), NYNEX
shall waive the applicable Service Order Charge for such element. If XXXXXX
FIBER has ordered INP with the installation of a Link, NYNEX will coordinate the
implementation of INP with the Link conversion during with the above stated
intervals at no additional charge.
24
9.7.7 If either Party requests or approves the other Party's NYNEX
technician to perform services in excess of or not otherwise contemplated by the
Service Order charge either Party may charge the other Party for any additional
and reasonable labor charges to perform such services.
9.7.8 If as the result of end user actions, (e.g., Customer not
ready ["CNR"]), NYNEX cannot complete requested work activity when a technician
has been dispatched to the site XXXXXX FIBER will be assessed a non-recurring
charge associated with this visit. This charge will be the sum of the Service
Order Charge and Premises Visit Charge as specified in Tariff P.U.C. - R.I. -
No. 15.
9.7.9 Until such time as the PUC approves an unbundled network
element non-recurring Service Order Charge, an interim non-recurring service
order charge shall apply on a per link basis. The interim service order rate
shall equal the Service and Equipment Charge to install a business network
access line, as specified in Tariff P.U.C. - R.I. - No. 15.
9.8 Maintenance of Unbundled Network Elements
If (i) XXXXXX FIBER reports to NYNEX a Customer trouble, (ii) XXXXXX FIBER
requests a dispatch, (iii) NYNEX dispatches a technician, and (iv) such trouble
was not caused by NYNEX's facilities or equipment in whole or in part, then
XXXXXX FIBER shall pay NYNEX a trip charge of $45.00 and $18.00 per quarter hour
for time associated with said dispatch beyond the first 1/2 hour. In addition
this charge also applies when the end user contact as designated by XXXXXX FIBER
is not available at the appointed time. XXXXXX FIBER accepts responsibility for
initial trouble isolation and providing NYNEX with appropriate dispatch
information based on their test results. If as the result of XXXXXX FIBER's
instructions, NYNEX is erroneously requested to dispatch within a NYNEX Central
Office or to a POT Bay ("dispatch in"), a charge of $100.00 per occurrence will
be assessed to XXXXXX FIBER by NYNEX. NYNEX agrees to respond to XXXXXX FIBER
trouble reports on a non-discriminatory basis consistent with the manner in
which it provides service to its own retail customers or any other
Telecommunications Carrier.
9.9 True-Up of Monthly Unbundled Link Charges for Rhode Island
9.9.1 NYNEX and XXXXXX FIBER agree to provide true-ups to one
another for all links purchased in Rhode Island by XXXXXX FIBER through the end
of the initial term of this Agreement up to:
a) the date of the Initial Link Rate Decision, as defined in
Section 9.9.3; and for
25
b) the date of the Final Link Rate Decision, as defined in
Section 9.9.4.
9.9.2 "Current Monthly Rates" is as set forth in the Pricing
Schedule.
9.9.2.1 Notwithstanding the foregoing paragraph 9.9.2, nothing
in this Agreement shall be construed to imply that XXXXXX FIBER agrees that the
rate set forth in Section 9.9.2 is a reasonable or appropriate charge for
unbundled Links.
9.9.3 "Initial Link Rate Decision" is any decision of the PUC
establishing any interim monthly link rates which is issued subsequent to the
date of the execution of this Agreement and before the expiration of the initial
term of this Agreement.
9.9.4 "Final Link Rate Decision" represents the lower of any of the
following which occur during the initial term of this Agreement:
a) a decision of the PUC establishing permanent monthly
link rates which is issued subsequent to either the date
of this Agreement or the Initial Link Rate Decision as
modified by any rulings by the FCC or appeals ruled upon
in any federal or state court of competent jurisdiction,
b) any rate established through arbitration between NYNEX
and a third party that is approved by a ruling of the
PUC, the FCC or any federal or state court of competent
jurisdiction.
c) the most favorable negotiated Link rate agreed to by
NYNEX and a third party in Rhode Island.
9.9.5 "Initial Link Months" represents the cumulative sum of total
links in service to XXXXXX FIBER each month for the period beginning on the
effective date of this Agreement and ending at the date of the Initial Link Rate
Decision. For example, if 10 links are in service each month for 5 months, the
number of Link Months would equal 50.
9.9.6 "Final Link Months" represents the cumulative sum of total
links in service to XXXXXX FIBER each month for the period beginning on the
effective date of this Agreement and ending at the date of the Final Link Rate
Decision.
9.9.7 "Initial Per-Link True-up" represents the difference between
the Current Monthly Rate and the rate established under the Initial Link Rate
Decision.
9.9.8 "Final Per-Link True-up" represents the difference between the
rate established under any Initial Link Rate Decision and the Final Link Rate
Decision; or the
26
difference between the Current Monthly Rate and the Final Link Rate Decision
absent any Initial Link Rate Decision.
9.9.9 "Initial True-up Amount" is the product amount calculated by
multiplying Initial Link Months by the Initial Per-Link True-up.
9.9.10 "Final True-up Amount" is the product amount calculated by
multiplying Link Months by the Final Per-Link True-up.
9.9.11 NYNEX agrees to pay XXXXXX FIBER and XXXXXX FIBER agrees to
pay NYNEX the Initial True-up Amount as applicable within thirty (30) days of
the Initial Link Rate Decision.
9.9.12 NYNEX agrees to pay XXXXXX FIBER and XXXXXX FIBER agrees to
pay NYNEX the Final True-up Amount as applicable within thirty (30) days of any
Final Link Decision.
9.9.13 XXXXXX FIBER and NYNEX will track the number of Link Months
on a prospective basis up until payment of the Final True-up Amount.
10.0 RESALE -- SECTIONS 251(c)(4) and 251(b)(1)
10.1 Availability of Wholesale Rates for Resale
NYNEX shall offer to XXXXXX FIBER for resale at wholesale rates its local
exchange telecommunications services, as described in Section 251(c)(4) of the
Act, at the rates set forth in the Pricing Schedule, pending approval by the PUC
of permanent resale rates. NYNEX shall make such resale arrangements available
to XXXXXX FIBER as soon as it makes such resale service generally available in
the State of Rhode Island.
10.2 Availability of Retail Rates for Resale
Each Party shall make available its Telecommunications Services for resale
at retail rates to the other Party in accordance with Section 251(b)(1) of the
Act in accordance with each Party's applicable approved tariffs.
10.3 Term and Volume Discounts
Upon request, NYNEX agrees to offer term and volume discounts for resold
retail services.
11.0 NOTICE OF CHANGES -- SECTION 251(c)(5)
27
If a Party makes a change in its network which it believes will materially
affect the inter-operability of its network with the other Party, the Party
making the change shall provide at least ninety (90) days advance written notice
of such change to the other Party.
12.0 COLLOCATION -- SECTION 251(c)(6)
12.1 Upon request, NYNEX shall provide to XXXXXX FIBER Physical
Collocation for its transport facilities and equipment, pursuant to the terms
and conditions of NYNEX's applicable tariffs on file with the FCC and the PUC as
necessary for Interconnection (pursuant to Section 4.0) or for access to
unbundled Network Elements (pursuant to Section 9.0). NYNEX may provide for
Virtual Collocation if NYNEX demonstrates to the PUC that Physical Collocation
is not practical for technical reasons or because of space limitations, as
provided in Section 251(c)(6) of the Act. Upon request by XXXXXX FIBER and to
the extent technically feasible and as space permits, NYNEX shall provide
Collocation at additional locations for placement of such equipment and
alternative physical Collocation arrangements.
12.2 XXXXXX FIBER agrees to provide to NYNEX upon NYNEX's Network Element
Bona Fide Request, Collocation of equipment for purposes of Interconnection
(pursuant to Section 4.0) on a non-discriminatory basis and at comparable rates,
terms and conditions as XXXXXX FIBER may provide to other common carriers.
XXXXXX FIBER shall provide such Collocation subject to applicable tariffs or
contracts.
12.3 The Collocating Party shall provide its own or third-party leased
transport facilities and terminate those transport facilities in equipment
located in its Physical Collocation space at the Housing Party's premises as
described in applicable tariffs or contracts and purchase Cross Connection to
services or facilities as described in applicable tariffs or contracts.
12.4 XXXXXX FIBER may install Remote Switching Modules ("RSMs") inside
Collocation spaces unless and until the FCC determines that incumbent LECs need
not permit Collocation of such equipment, in which event NYNEX must allow XXXXXX
FIBER a reasonable transition period for removing or replacing such equipment.
12.5 To the extent not specified in this Agreement, the rates, terms and
conditions governing Collocation shall be those contained in applicable NYNEX
tariffs, NYNEX's standard Collocation license agreement, or (at the option of
XXXXXX FIBER) the Collocation portion of an approved Rhode Island
Interconnection agreement between NYNEX and another carrier.
13.0 NUMBER PORTABILITY -- SECTION 251(b)(2)
13.1 Scope
28
13.1.1 The Parties shall provide Number Portability on a reciprocal
basis to each other to the extent technically feasible, and in accordance with
rules and regulations as from time to time prescribed by the FCC and/or the PUC.
13.1.2 Until Number Portability is implemented by the industry
pursuant to regulations issued by the FCC or the PUC, the Parties agree to
provide Interim Telecommunications Number Portability ("INP") to each other
through remote call forwarding, Route Indexing, and full NXX code migration at
the prices listed in the Pricing Schedule.
13.1.3 Once Number Portability is implemented pursuant to FCC or PUC
regulation, either Party may withdraw, at any time and at its sole discretion,
its INP offerings, subject to advance notice to the other Party and coordination
to allow the seamless and transparent conversion of INP Customer numbers to
Number Portability. Upon implementation of Number Portability pursuant to FCC
regulation, both Parties agree to conform and provide such Number Portability.
13.2 Procedures for Providing INP Through Remote Call Forwarding
XXXXXX FIBER and NYNEX will provide INP through Remote Call Forwarding as
follows:
13.2.1 A Customer of one Party ("Party A") elects to become a
Customer of the other Party ("Party B"). The Customer elects to utilize the
original telephone number(s) corresponding to the Exchange Service(s) it
previously received from Party A, in conjunction with the Exchange Service(s) it
will now receive from Party B. Upon receipt of a signed letter of agency from
the Customer (and an associated service order) assigning the number to Party B,
Party A will implement an arrangement whereby all calls to the original
telephone number(s) will be forwarded to a new telephone number(s) designated by
Party B. Party A will route the forwarded traffic to Party B over the
appropriate Local/IntraLATA Trunks as if the call had originated on Party A's
network.
13.2.2 Party B will become the customer of record for the original
Party A telephone numbers subject to the INP arrangements. Party A shall use its
reasonable efforts to consolidate into as few billing statements as possible all
collect, calling card, and 3rd-number billed calls associated with those
numbers, with sub-account detail by retained number. At Party B's sole
discretion, such billing statement shall be delivered to Party B in an
agreed-upon format via either electronic file transfer, daily magnetic tape, or
monthly magnetic tape.
13.2.3 Party A will update its Line Information Database ("LIDB")
listings for retained numbers, and restrict or cancel calling cards associated
with those forwarded numbers as directed by Party B.
29
13.2.4 Within two (2) business days of receiving notification from
the Customer, Party B shall notify Party A of the Customer's termination of
service with Party B, and shall further notify Party A as to that Customer's
instructions regarding its telephone number(s). Party A will reinstate service
to that Customer, cancel the INP arrangements for that Customer's telephone
number(s), or redirect the INP arrangement to another INP-participating-LEC
pursuant to the Customer's instructions at that time.
13.3 Procedures for Providing INP Through Route Indexing
Upon mutual agreement, NYNEX will deploy a Route Index arrangement as
mutually agreed upon, which combines direct trunks, provisioned between NYNEX's
and XXXXXX FIBER's End Offices, with trunk side routing translations and full
SS7 functionality. Under this arrangement, inbound calls to a ported number will
be pointed at a route index that sends the call to a dedicated trunk group,
built as a direct final, for the sole purpose of facilitating completion of
calls to a ported number. NYNEX will coordinate with XXXXXX FIBER to provide
this solution in a mutually agreeable and administratively manageable manner
(e.g., NXX level) so as to minimize switch resource utilization for both
Parties.
13.4 Procedures for Providing INP Through Full NXX Code Migration
Where either Party has activated an entire NXX for a single Customer, or
activated a substantial portion of an NXX for a single Customer with the
remaining numbers in that NXX either reserved for future use or otherwise
unused, if such Customer chooses to receive service from the other Party, the
first Party shall cooperate with the second Party to have the entire NXX
reassigned in the LERG (and associated industry databases, routing tables, etc.)
to an End Office operated by the second Party. Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead-times for movements of NXXs from one switch to
another.
13.5 Receipt of Terminating Compensation on Traffic to INP'ed Numbers
The Parties agree that under INP terminating compensation on calls to
INP'ed numbers should be received by each Customer's chosen LEC as if each call
to the Customer had been originally addressed by the caller to a telephone
number bearing an NPA-NXX directly assigned to the Customer's chosen LEC. In
order to accomplish this objective where INP is employed, the Parties shall
utilize the process set forth in this Section 13.5 whereby terminating
compensation on calls subject to INP will be passed from the Party (the
"Performing Party") which performs the INP to the other Party (the "Receiving
Party") for whose Customer the INP is provided.
13.5.1 The Parties shall individually and collectively track and
quantify INP traffic between their networks based on the CPN of each call by
identifying CPNs which are INP'ed numbers. The Receiving Party shall charge the
Performing Party for
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each minute of INP traffic at the INP Traffic Rate specified in Section 13.6.3
in lieu of any other compensation charges for terminating such traffic.
13.5.2 By the Interconnection Activation Date, the Parties shall
jointly estimate for the prospective year, based on historic data of all traffic
in the LATA, the percentages of such traffic that if dialed to telephone numbers
bearing NPA-NXXs directly assigned to a Receiving Party (as opposed to the
INP'ed number) would have been subject to (i) Local Traffic exchanged between
the Parties ("Local Reciprocal Traffic"), (ii) IntraLATA Toll Traffic exchanged
between the Parties ("IntraLATA Toll Reciprocal Traffic", iii) appropriate
Intrastate FGD charges ("Intra Traffic"), (iv) Interstate FGD charges ("Inter
Traffic"), or (v) handling as Local Traffic under transiting arrangements
between the Parties ("Transit Traffic"). On the date which is six (6) months
after the Interconnection Activation Date, and thereafter on each succeeding six
month anniversary of such Interconnection Activation Date, the Parties shall
establish new INP traffic percentages to be applied in the prospective six (6)
month period, based on actual INP traffic percentages from the preceding six (6)
month period.
13.5.3 The INP Traffic Rate shall be equal to the sum of:
(Local Reciprocal Traffic percentage times the Local Reciprocal
Compensation Rate set forth in the Pricing Schedule) plus (IntraLATA
Toll Reciprocal Traffic percentage times NYNEX's effective
intrastate FGD rates, less rates for tandem switching and transport
functions performed by the Performing Party) plus (Interstate
IntraLATA Traffic percentage times NYNEX's effective interstate FGD
rates, less rates for tandem switching and transport functions
performed by the Performing Party).
A rate of zero shall be applied to the Transit Traffic percentage.
13.6 True-up of Monthly INP Costs
13.6.1 Until such time as a competitively neutral cost recovery
mechanism is implemented pursuant to a PUC or FCC order ("the Interim Recovery
Period"), the Parties shall track and record the cumulative sum of ported
numbers provided via an INP functionality to each other each month for the
purpose of calculating an INP true-up amount that the Party providing an INP
functionality may then be entitled to xxxx and receive under such PUC or FCC
order. The true-up amount shall equal the sum of the ported number provided to
the Party receiving the INP functionality, multiplied by the number of months
applicable to each ported number during the Interim Recovery Period, multiplied
by the Final INP Rate set by the PUC or FCC.
13.6.2 In the event the PUC or FCC establishes a competitively
neutral cost recovery mechanism which allows recovery of amounts for the
provision of INP functionalities different from those amounts listed for such
functionalities in the Pricing Schedule, the Parties shall adopt such different
amounts in accordance with such
31
competitively neutral cost recovery mechanism. Should the FCC or PUC adopt a
competitively neutral cost recovery mechanism for INP which differs from that
stipulated to by the Parties herein the Parties shall adopt such a mechanism
pursuant to said order in lieu of the payment arrangements outlined in this
Section 13.0.
14.0 NUMBER RESOURCES ASSIGNMENTS
NYNEX shall assign to XXXXXX FIBER NXX codes in accordance with national
guidelines at no charge.
15.0 DIALING PARITY -- SECTION 251(b)(3)
NYNEX shall provide Local Dialing Parity as required under Section
251(b)(3) of the Act in the following manner: Telephone numbers are provided
pursuant to Section 14.0; Directory Assistance is provided pursuant to Section
19.2; Directory Listings are provided pursuant to section 19.1; and Operator
Services are provided to Sections 19.2.4 and 19.2.6.
16.0 ACCESS TO RIGHTS-OF-WAY -- SECTION 251(b)(4)
Each Party shall provide the other Party access to its poles, ducts,
rights-of-way and conduits it owns or controls, to the extent permitted by law
and as required by Section 224 of the Act or PUC Order, on terms, conditions and
prices comparable to those offered to any other entity pursuant to each Party's
applicable tariffs and/or standard agreements with such entities.
17.0 DATABASES AND SIGNALING
NYNEX shall provide XXXXXX FIBER with interfaces to access NYNEX's
databases, including LIDB and 800/888, as well as DCAS for ordering and
provisioning purposes, and associated signaling necessary for the routing and
completion of XXXXXX FIBER's traffic through the provision of SS7 under its
applicable tariffs.
18.0 REFERRAL ANNOUNCEMENT
When a Customer changes its service provider from NYNEX to XXXXXX FIBER,
or from XXXXXX FIBER to NYNEX, and does not retain its original telephone
number, the Party formerly providing service to such Customer shall provide a
referral announcement ("Referral Announcement") on the abandoned telephone
number which provides details on the Customer's new number. Referral
Announcements shall be provided reciprocally, free of charge to either the other
Party or the Customer, for a period of not less than four (4) months after the
date the Customer changes its telephone number in the case of business Customers
and not less than sixty (60) days after the date the Customer changes its
telephone number in the case of residential Customers. However, if either Party
provides Referral Announcements for a period different than the
32
above respective periods when its Customers change their telephone numbers, such
Party shall provide the same level of service to Customers of the other Party.
19.0 DIRECTORY SERVICES ARRANGEMENTS
NYNEX will provide certain directory services to XXXXXX FIBER as defined
herein. In this Section 19 of this Agreement, references to XXXXXX FIBER
Customer telephone numbers means telephone numbers falling within NXX codes
directly assigned to XXXXXX FIBER and to numbers which are retained by XXXXXX
FIBER on the Customer's behalf pursuant to Interim Telecommunications Number
Portability arrangements described in Section 13 of this Agreement.
19.1 Directory Listings and Directory Distributions
19.1.1 NYNEX will include XXXXXX FIBER Customers telephone numbers
in all of its "White Pages" and "Yellow Pages" directory listings (including
electronic directories) and directory assistance databases associated with the
areas in which XXXXXX FIBER provides services to such Customers, and will
distribute such directories to such Customers, in an identical and transparent
manner in which it provides those functions for its own Customers' telephone
numbers.
19.1.2 NYNEX will include all XXXXXX FIBER NXX codes on appropriate
existing calling charts in the NYNEX Customer Guide section of the directory in
the same manner as it provides this information for its own NXX codes.
19.1.3 XXXXXX FIBER will provide NYNEX with its directory listings
and daily updates to those listings (including new, changed, and deleted
listings) in a mutually agreed upon format at no charge.
19.1.4 NYNEX will accord XXXXXX FIBER directory listing information
the same level of confidentiality which NYNEX accords its own directory listing
information.
19.1.5 NYNEX shall provide XXXXXX FIBER at no charge with (i) one
basic single line white and yellow page directory listing per business Customer
number, or one basic single line white page directory listing per residence
Customer number, (ii) directory distribution for XXXXXX FIBER Customers, and
(iii) listings of XXXXXX FIBER Customers in the directory assistance database.
19.1.6 NYNEX will provide XXXXXX FIBER with a report of all XXXXXX
FIBER customer listings ninety (90) days prior to directory publication in such
form and format as may be mutually agreed to by both Parties. Both Parties shall
use their best efforts to ensure the accurate listing of such information.
19.1.7 Yellow Page Maintenance
33
NYNEX will work cooperatively with XXXXXX FIBER so that Yellow Page
advertisements purchased by Customers who switch their service to XXXXXX FIBER
(including customers utilizing Interim Telecommunications Number Portability)
are maintained without interruption. NYNEX will allow XXXXXX FIBER customers to
purchase new yellow pages advertisements without discrimination, under the
identical rates, terms and conditions that apply to NYNEX's Customers.
19.1.8 Information Pages
NYNEX will include in the "Information Pages" or comparable section
of its White Pages Directories for areas served by XXXXXX FIBER, listings
provided by XXXXXX FIBER for XXXXXX FIBER's installation, repair and Customer
service, information, including appropriate identifying logo. Such listings
shall appear in the manner that such information appears for subscribers of
NYNEX and other LECs. NYNEX shall not charge XXXXXX FIBER for inclusion of this
information.
19.2 Directory Assistance ("DA") and Operator Services
19.2.1 NYNEX will provide XXXXXX FIBER's operators an on-line access
to NYNEX's directory assistance database, when and where such access becomes
available to organizations outside NYNEX.
19.2.2 At XXXXXX FIBER's option, NYNEX will provide XXXXXX FIBER
with intraLATA, NYNEX-branded directory assistance service, or XXXXXX
FIBER-branded directory assistance and Directory Assistance Call Completion
(DACC), which are comparable to the directory assistance service NYNEX makes
available to its own end users, at the prices set forth in the Pricing Schedule.
19.2.3 When NYNEX provides to XXXXXX FIBER DA or Operator Services,
NYNEX requires that such services will be provided to XXXXXX FIBER over
dedicated operator services trunk groups, utilizing Feature Group C-Type
modified Operator Services Signaling when interconnecting to the NYNEX operator
services network.
19.2.4 XXXXXX FIBER (or its operator service provider) and NYNEX
will provide LEC-to-LEC Busy Line Verification and Interrupt (BLV/I) trunks to
one another, in conjunction with POTS traffic, to enable each party to support
this functionality. (This option is provisioned subject to technical
limitations, such as those that apply on ported numbers).
19.2.5 Busy Line Verification ("BLV") is performed when one Party's
Customer requests assistance from the operator bureau to determine if the called
line is in use. However, the operator bureau will not complete the call for the
Customer initiating
34
the BLV inquiry. Only one BLV attempt will be made per Customer operator bureau
call, and a charge shall apply whether or not the called party releases the
line.
19.2.6 Busy Line Verification and Interrupt ("BLVI") is performed
when one Party's operator bureau interrupts a telephone call in progress after
BLV has occurred. The operator bureau will interrupt the busy line and inform
the called party that there is a call waiting. The operator bureau will only
interrupt the call and will not complete the telephone call of the Customer
initiating the BLVI request. The operator bureau will make only one BLVI attempt
per Customer operator bureau call and the applicable charge applies whether or
not the called party releases the line.
19.2.7 Each Party's operator bureau shall accept BLV and BLVI
inquiries from the operator bureau of the other Party in order to allow
transparent provision of BLV/BLVI Traffic between the Parties' networks.
19.2.8 Each Party shall route BLV/BLVI Traffic inquiries over the
existing network established between the Parties' respective operator bureaus.
Each Party shall compensate the other Party for BLV/BLVI Traffic as set forth in
the Pricing Schedule.
19.2.9 NYNEX will provide operator services call completion to
XXXXXX FIBER's operators and Customers, upon XXXXXX FIBER's request, for the
termination of alternate billed calls from XXXXXX FIBER's subscribers. Call
completion services will allow XXXXXX FIBER Customers the ability, through the
mechanized NYNEX operator interface or the NYNEX operator, to complete calls via
0+ or 0- dialing with alternate billing capabilities. Billing for the calls will
be on a flat rate per call transaction for 0+ calls or per Operator Work Second
on 0- calls. NYNEX will provide call detail records in EMR format for the call
completion services at a charge set forth in the Pricing Schedule.
20.0 GENERAL RESPONSIBILITIES OF THE PARTIES
20.1 Both NYNEX and XXXXXX FIBER shall use their best efforts to comply
with the Implementation Schedule.
20.2 The Parties shall exchange technical descriptions and forecasts of
their Interconnection and traffic requirements in sufficient detail necessary to
establish the Interconnections required to assure traffic completion to and from
all Customers in their respective designated service areas. XXXXXX FIBER, for
the purpose of ubiquitous connectivity, network diversity and alternate routing,
shall connect to at least one Tandem Office Switch for the receipt/completion of
traffic to any NYNEX End Office Switches.
20.3 Thirty (30) days after the Effective Date and each quarter during the
term of this Agreement, each Party shall provide the other Party with a rolling,
six (6) calendar month, non-binding forecast of its traffic and volume
requirements for the services and Network Elements provided under this Agreement
in the form and in such detail as agreed
35
by the Parties. Notwithstanding Section 29.6.1, the Parties agree that each
forecast provided under this Section 20.3 shall be deemed "Proprietary
Information" under Section 29.6.
20.4 Any Party that is required pursuant to this Agreement to provide a
forecast (the "Forecast Provider") or the Party that is entitled pursuant to
this Agreement to receive a forecast (the "Forecast Recipient") with respect to
traffic and volume requirements for the services and Network Elements provided
under this Agreement may request in addition to non-binding forecasts required
by Section 20.3 that the other Party enter into negotiations to establish a
forecast (a "Binding Forecast") that commits such Forecast Provider to purchase,
and such Forecast Recipient to provide, a specified volume to be utilized as set
forth in such Binding Forecast. The Forecast Provider and Forecast Recipient
shall negotiate the terms of such Binding Forecast in good faith and shall
include in such Binding Forecast provisions regarding price, quantity, liability
for failure to perform under a Binding Forecast and any other terms desired by
such Forecast Provider and Forecast Recipient. Notwithstanding Section 29.6.1,
the Parties agree that each forecast provided under this Section 20.4 shall be
deemed "Proprietary Information" under Section 29.6.
20.5 Each Party is individually responsible to provide facilities within
its network which are necessary for routing, transporting, measuring, and
billing traffic from the other Party's network and for delivering such traffic
to the other Party's network in the standard format compatible with NYNEX's
network and to terminate the traffic it receives in that standard format to the
proper address on its network. Such facility shall be designed based upon the
description and forecasts provided under Sections 20.2 and 20.3 above. The
Parties are each solely responsible for participation in and compliance with
national network plans, including The National Network Security Plan and The
Emergency Preparedness Plan.
20.6 Neither Party shall use any service related to or any of the Services
provided in this Agreement in any manner that interferes with other persons in
the use of their service, prevents other persons from using their service, or
otherwise impairs the quality of service to other carriers or to either Party's
Customers, and either Party may discontinue or refuse service if the other Party
violates this provision. Upon such violation, either Party shall provide the
other Party notice, if practicable, at the earliest practicable time.
20.7 Each Party is solely responsible for the services it provides to its
Customers and to other Telecommunications Carriers.
20.8 The Parties shall work cooperatively to minimize fraud associated
with third-number billed calls, calling card calls, and any other services
related to this Agreement.
20.9 Each Party is responsible for administering NXX codes assigned to it.
36
20.10 Each Party is responsible for obtaining Local Exchange Routing Guide
("LERG") listings of CLLI codes assigned to its switches.
20.11 Each Party shall use the LERG published by Bellcore or its successor
for obtaining routing information and shall provide all required information to
Bellcore for maintaining the LERG in a timely manner.
20.12 Each Party shall program and update its own Central Office Switches
and End Office Switches and network systems to recognize and route traffic to
and from the other Party's assigned NXX codes. Except as mutually agreed or as
otherwise expressly defined in this Agreement, neither Party shall impose any
fees or charges on the other Party for such activities.
20.13 At all times during the term of this Agreement, each Party shall
keep and maintain in force at each Party's expense all insurance required by law
(e.g., workers' compensation insurance) as well as general liability insurance
for personal injury or death to any one person, property damage resulting from
any one incident, automobile liability with coverage for bodily injury for
property damage. Upon request from the other Party, each Party shall provide to
the other Party evidence of such insurance (which may be provided through a
program of self insurance).
20.14 End User Repair Calls. The Parties will employ the following
procedures for handling misdirected repair calls:
20.14.1 In answering repair calls, neither Party shall make
disparaging remarks about each other, nor shall they use these repair calls as
the basis for internal referrals or to solicit customers to market services.
Either Party will respond with factual information in answering customer
questions.
20.14.2 Each Party will notify its customers as to the correct
telephone numbers to call in order to access its repair bureaus.
20.14.3 To the extent possible, where the correct local exchange
carrier can be determined, misdirected repair calls to one Party will be
immediately referred to the other Party, as appropriate in a courteous manner,
at no charge.
20.14.4 The Parties will provide their respective repair contact
numbers to one another on a reciprocal basis.
21.0 TERM AND TERMINATION
21.1 The initial term of this Agreement shall be three (3) years (the
"Term") which shall commence on the Effective Date. Absent the receipt by one
Party of written notice from the other Party at least sixty (60) days prior to
the expiration of the Term to
37
the effect that such Party does not intends to extend the Term of this
Agreement, this Agreement shall automatically renew and remain in full force and
effect on and after the expiration of the Term until terminated by either Party
as set forth before.
21.1.1 If pursuant to Section 21.1 the Agreement continues in full
force and effect after the expiration of the Term, either Party may terminate
the Agreement ninety (90) days after delivering written notice to the other
Party of the intention to terminate this Agreement. Neither Party shall have any
liability to the other Party for termination of this Agreement pursuant to this
Section 21.1 other than to pay to the other Party any amounts owed under this
Agreement.
21.2 Upon termination or expiration of this Agreement in accordance with
this Section 21.0:
(a) each Party shall comply immediately with its obligations set
forth in Section 29.6.3;
(b) each Party shall promptly pay all amounts (including any late
payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive
termination or expiration of this Agreement; and
(d) each Party shall continue to perform its obligations and provide
its services described herein until such time as a survivor Agreement
between the Parties is entered into; provided, however, that the Parties
may mutually agree to renegotiate the rates, fees and charges herein to
reflect any costs or expenses associated with the transfer, renewal or
termination of this Agreement.
22.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NO PARTY MAKES OR
RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES,
FUNCTIONS AND PRODUCTS IT PROVIDES UNDER OR CONTEMPLATED BY THIS AGREEMENT AND
THE PARTIES DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR
A PARTICULAR PURPOSE.
23.0 CANCELLATION CHARGES
Except as provided in Sections 9.6.4 and 19.4 and pursuant to a Network
Element Bona Fide Request, or as otherwise provided in any applicable tariff or
contract referenced herein, no cancellation charges shall apply.
24.0 NON-SEVERABILITY
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24.1 The services, arrangements, Interconnection, Network Elements, terms
and conditions of this Agreement were mutually negotiated by the Parties as a
total arrangement and are intended to be non-severable, subject only to Section
29.14 of this Agreement.
24.2 Nothing in this Agreement shall be construed as requiring or
permitting either Party to contravene any mandatory requirement of federal or
state law, or any regulations or orders adopted pursuant to such law.
25.0 INDEMNIFICATION
25.1 Each party (the "Indemnifying Party") shall indemnify and hold
harmless the other party ("Indemnified Party") from and against loss, cost,
claim liability, damage, and expense (including reasonable attorney's fees) to
third parties for:
(1) damage to tangible personal property or for personal injury
proximately caused by the negligence or willful misconduct of the
Indemnifying Party, its employees, agents or contractors; and
(2) claims for libel, slander, infringement of copyright arising
from the Indemnifying Party's own communications or the communications of
such Indemnifying Party's Customers transmitted over the Indemnified
Party's facilities; and
(3) claims for infringement of patents arising from combining the
Indemnified Party's facilities or services with, or the using of the
Indemnified Party's services or facilities in connection with, facilities
of the Indemnifying Party.
Notwithstanding this indemnification provision or any other provision in
the Agreement, neither Party, nor its parent, subsidiaries, affiliates, agents,
servants, or employees shall be liable to the other for "Consequential Damages"
as that term is described in Section 26.3 below.
25.2 The Indemnified Party will notify the Indemnifying Party promptly in
writing of any claims, lawsuits, or demands by third parties for which the
Indemnified Party alleges that the Indemnifying Party is responsible under this
Section, and, if requested by the Indemnifying Party, will tender the defense of
such claim, lawsuit or demand.
(1) In the event the Indemnifying Party does not promptly assume or
diligently pursue the defense of the tendered action, then the Indemnified
Party may proceed to defend or settle said action and the Indemnifying
Party shall hold harmless the Indemnified Party from any loss, cost
liability, damage and expense.
39
(2) In the event the Party otherwise entitled to indemnification
from the other elects to decline such indemnification, then the Party
making such an election may, at its own expense, assume defense and
settlement of the claim, lawsuit or demand.
(3) The parties will cooperate in every reasonable manner with the
defense or settlement of any claim, demand, or lawsuit.
26.0 LIMITATION OF LIABILITY
26.1 Except for the indemnity obligations under Section 25.0, each Party's
liability to the other Party for any Loss relating to or arising out of any
negligent act or omission in its performance of this Agreement, whether in
contract or tort, shall be limited to the total amount that is or would have
been charged to the other Party by such negligent or breaching Party for the
services or functions not performed or improperly performed.
26.2 Except as otherwise provided in Section 25.0, no Party shall be
liable to the other Party for any Loss, defect or equipment failure caused by
the conduct of the other Party, the other Party's agents, servants, contractors
or others acting in aid or concert with the other Party, except for gross
negligence or willful misconduct.
26.3 In no event shall either Party have any liability whatsoever to the
other Party for any indirect, special, consequential, incidental or punitive
damages, including but not limited to loss of anticipated profits or revenue or
other economic loss in connection with or arising from anything said, omitted or
done hereunder (collectively, "Consequential Damages"), even if the other Party
has been advised of the possibility of such damages.
27.0 PERFORMANCE STANDARDS AND REPORTING REQUIREMENTS
27.1 Performance Standards
NYNEX shall provision, install, maintain, repair and monitor all services,
Interconnection facilities, unbundled elements, Collocation elements, and all
other Interconnection arrangements, facilities and services ordered by XXXXXX
FIBER, at the same level of quality which NYNEX provides to itself or any other
party. NYNEX shall provide to XXXXXX FIBER the same level of transmission
quality, reliability, maintenance, repair, installation, and other service
characteristics, including reporting of results, that it provides to any other
party, whether pursuant to written agreement or informal or formal practice.
NYNEX shall upon request provide XXXXXX FIBER with complete information about
all such performance arrangements and understandings. Such information may be
provided pursuant to mutually acceptable confidentiality agreements where the
underlying information is treated as confidential by the NYNEX customer/user,
provided that such confidentiality claims are not applied in such a way as to
deny
40
XXXXXX FIBER essential information concerning the performance standards agreed
upon by NYNEX and the customer/user.
Schedule 27.1 sets forth NYNEX's minimum performance standards for
unbundled link and interim number portability installation and unbundled link
out-of-service repairs. Schedule 27.1 (A) sets forth the service quality
standards that XXXXXX FIBER will meet.
27.2 Reporting Requirements
NYNEX shall provide XXXXXX FIBER, on a quarterly basis, the information
listed in Schedule 27.2. Such information shall be provided not more than thirty
(30) days after the close of a calendar month. NYNEX shall also report its
performance level as stated on Schedule 27.2 that is provided to (1) its
internal network clients; (2) any NYNEX owned affiliates (as affiliates are
defined under the Act); (3) to its three largest carrier customers
(cumulatively); and (4) to its ten largest commercial customers (cumulatively)
for the same period. NYNEX shall explain any deviation between the performance
provided to XXXXXX FIBER and that provided to any of these four categories of
customers/users, and indicate what steps shall be taken to eliminate any
deficiencies between the service provided to XXXXXX FIBER and that provided to
one or more of these other customers/users. NYNEX shall also offer to provide to
XXXXXX FIBER comparable quality and performance reports and measurements to
those that it provides to any other customers, specifying as to XXXXXX FIBER's
services the same types of information, and at the same intervals, that it
provides to these other customers.
28.0 REGULATORY APPROVAL
The Parties understand and agree that this Agreement will be filed with
the PUC and may thereafter be filed with the FCC. Each Party covenants and
agrees to fully support approval of this Agreement by the PUC or the FCC under
Section 252 of the Act subject to: (1) either Party's rights under Section 29.14
of this Agreement; (2) at the option of either Party, to avail itself of any
rules or requirements adopted by the PUC or the FCC in implementing the
Telecommunications Act of 1996, including but not limited to the FCC's
rulemaking in the Matter of Implementation of the Local Competition Provisions
in the Telecommunications Act of 1996, FCC Docket No. 96-98, which materially
affect the matters covered by this Agreement; and (3) either Party's right to
bring an action in Federal district court pursuant to Section 252(e)(6) of the
Act. In the event either Party elects to avail itself of any such rules or
requirements, the Parties agree to meet and negotiate in good faith to arrive at
mutually acceptable modifications of this Agreement. The Parties, however,
reserve the right to seek regulatory relief and otherwise seek redress from each
other regarding performance and implementation of this Agreement. In the event
the PUC or FCC rejects this Agreement in whole or in part, the Parties agree to
meet and negotiate in good faith to arrive at a mutually acceptable modification
of the rejected portion(s).
41
This agreement is subject to change, modification, or cancellation as may
be required by a regulatory authority or court in the exercise of its lawful
jurisdiction.
29.0 MISCELLANEOUS
29.1 Authorization.
29.1.1 New England Telephone and Telegraph Company is a corporation
duly organized, validly existing and in good standing under the laws of the
State of New York and has full power and authority to execute and deliver this
Agreement and to perform its obligations hereunder, subject to necessary
regulatory approval.
29.1.2 XXXXXX FIBER is a corporation duly organized, validly
existing and in good standing under the laws of the State of Delaware and has
full power and authority to execute and deliver this Agreement and to perform
its obligations hereunder, subject to necessary regulatory approval. XXXXXX
FIBER represents that it intends to be a provider of telephone exchange service
to residential and business subscribers offered exclusively over its own
telephone exchange service facilities or predominantly over its own telephone
exchange service facilities or in combination with the resale of the
telecommunications services of other carriers.
29.2 Compliance. Each Party shall comply with all applicable federal,
state, and local laws, rules, and regulations applicable to its performance
under this Agreement.
29.3 Compliance with the Communications Assistance for Law Enforcement Act
of 1994 ("CALEA"). Each Party represents and warrants that any equipment,
facilities or services provided to the other Party under this Agreement comply
with CALEA. Each Party shall indemnify and hold the other Party harmless from
any and all penalties imposed upon the other Party for such noncompliance and
shall at the non-compliant Party's sole cost and expense, modify or replace any
equipment, facilities or services provided to the other Party under this
Agreement to ensure that such equipment, facilities and services fully comply
with CALEA.
29.4 Independent Contractor. Neither this Agreement, nor any actions taken
by NYNEX or XXXXXX FIBER in compliance with this Agreement, shall be deemed to
create an agency or joint venture relationship between XXXXXX FIBER and NYNEX,
or any relationship other than that of purchaser and seller of services.
Neither this Agreement, nor any actions taken by NYNEX or XXXXXX FIBER in
compliance with this Agreement, shall create a contractual, agency, or any other
type of relationship or third party liability between NYNEX and XXXXXX FIBER's
end users.
29.5 Force Majeure. Neither Party shall be liable for any delay or failure
in performance of any part of this Agreement from any cause beyond its control
and without
42
its fault or negligence including, without limitation, acts of nature, acts of
civil or military authority, government regulations, embargoes, epidemics,
terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear
accidents, floods, work stoppages, equipment failure, power blackouts, volcanic
action, other major environmental disturbances, unusually severe weather
conditions, inability to secure products or services of other persons or
transportation facilities or acts or omissions of transportation carriers
(collectively, a "Force Majeure Event").
If any force majeure condition occurs, the Party delayed or unable to
perform shall give immediate notice to the other Party and shall take all
reasonable steps to correct the force majeure condition. During the pendency of
the force majeure, the duties of the Parties under this Agreement affected by
the force majeure condition shall be abated and shall resume without liability
thereafter.
29.6 Confidentiality.
29.6.1 Any information such as specifications, drawings, sketches,
business information, forecasts, models, samples, data, computer programs and
other software and documentation of one Party (a "Disclosing Party") that is
furnished or made available or otherwise disclosed to the other Party or any of
its employees, contractors, agents or Affiliates (its "Representatives" and with
a Party, a "Receiving Party") pursuant to this Agreement ("Proprietary
Information") shall be deemed the property of the Disclosing Party. Proprietary
Information, if written, shall be marked "Confidential" or "Proprietary" or by
other similar notice, and, if oral or visual, shall be confirmed in writing as
confidential by the Disclosing Party to the Receiving Party within ten (10) days
after disclosure. Unless Proprietary Information was previously known by the
Receiving Party free of any obligation to keep it confidential, or has been or
is subsequently made public by an act not attributable to the Receiving Party,
or is explicitly agreed in writing not to be regarded as confidential, it (a)
shall be held in confidence by each Receiving Party; (b) shall be disclosed to
only those persons who have a need for it in connection with the provision of
services required to fulfill this Agreement and shall be used only for such
purposes; and (c) may be used for other purposes only upon such terms and
conditions as may be mutually agreed to in advance of use in writing by the
Parties. Notwithstanding the foregoing sentence, a Receiving Party shall be
entitled to disclose or provide Proprietary Information as required by any
governmental authority or applicable law only in accordance with Section 29.6.2.
29.6.2 If any Receiving Party is required by any governmental
authority or by applicable law to disclose any Proprietary Information, then
such Receiving Party shall provide the Disclosing Party with written notice of
such requirement as soon as possible and prior to such disclosure. The
Disclosing Party may then either seek appropriate protective relief from all or
part of such requirement or, if it fails to successfully do so, it shall be
deemed to have waived the Receiving Party's compliance with Section 29.6 with
respect to all or part of such requirement. The Receiving Party shall use all
commercially
43
reasonable efforts to cooperate with the Disclosing Party in attempting to
obtain any protective relief which such Disclosing Party chooses to obtain.
29.6.3 In the event of the expiration or termination of this
Agreement for any reason whatsoever, each Party shall return to the other Party
or destroy all Proprietary Information and other documents, work papers and
other material (including all copies thereof) obtained from the other Party in
connection with this Agreement and shall use all reasonable efforts, including
instructing its employees and others who have had access to such information, to
keep confidential and not to use any such information, unless such information
is now, or is hereafter disclosed, through no act, omission or fault of such
Party, in any manner making it available to the general public.
29.7 Governing Law. For all claims under this Agreement that are based
upon issues within the jurisdiction (primary or otherwise) of the FCC, the
exclusive jurisdiction and remedy for all such claims shall be as provided for
by the FCC and the Act. For all claims under this Agreement that are based upon
issues within the jurisdiction (primary or otherwise) of the PUC, the exclusive
jurisdiction for all such claims shall be with the PUC, and the exclusive remedy
for such claims shall be as provided for by such PUC. In all other respects,
this Agreement shall be governed by the domestic laws of the State of Rhode
Island without reference to conflict of law provisions.
29.8 Taxes. Each Party purchasing services hereunder shall pay or
otherwise be responsible for all federal, state, or local sales, use, excise,
gross receipts, transaction or similar taxes, fees or surcharges levied against
or upon such purchasing Party (or the providing Party when such providing Party
is permitted to pass along to the purchasing Party such taxes, fees or
surcharges), except for any tax on either Party's corporate existence, status or
income. Whenever possible, these amounts shall be billed as a separate item on
the invoice. To the extent a sale is claimed to be for resale tax exemption, the
purchasing Party shall furnish the providing Party a proper resale tax exemption
certificate as authorized or required by statute or regulation by the
jurisdiction providing said resale tax exemption. Failure to timely provide said
resale tax exemption certificate will result in no exemption being available to
the purchasing Party.
29.9 Non-Assignment. This Agreement shall be binding upon every subsidiary
and affiliate of either Party that is engaged in providing telephone exchange
and exchange access services in the State of Rhode Island and shall continue to
be binding upon all such entities regardless of any subsequent change in their
ownership. Each Party covenants that, if it sells or otherwise transfers to a
third party its telephone exchange and exchange access network facilities within
the State of Rhode Island, or any portion thereof, to a third party, it will
require as a condition of such transfer that the transferee agree to be bound by
this Agreement with respect to services provided over the transferred
facilities. Except as provided in this paragraph, neither Party may assign or
transfer (whether by operation of law or otherwise) this Agreement (or any
rights or obligations hereunder) to a third party without the prior written
consent of the other Party which consent will not be unreasonably withheld;
provided that either Party may assign this Agreement to a
44
corporate Affiliate or an entity under its common control or an entity acquiring
all or substantially all of its assets or equity by providing prior written
notice to the other Party of such assignment or transfer. Any attempted
assignment or transfer that is not permitted is void ab initio. Without limiting
the generality of the foregoing, this Agreement shall be binding upon and shall
inure to the benefit of the Parties' respective successors and assigns.
29.10 Non-Waiver. Failure of either Party to insist on performance of any
term or condition of this Agreement or to exercise any right or privilege
hereunder shall not be construed as a continuing or future waiver of such term,
condition, right or privilege.
29.11 Disputed Amounts.
29.11.1 If any portion of an amount due to a Party (the "Billing
Party") under this Agreement is subject to a bona fide dispute between the
Parties, the Party billed (the "Non-Paying Party") shall within thirty (30) days
of its receipt of the invoice containing such disputed amount give notice to the
Billing Party of the amounts it disputes ("Disputed Amounts") and include in
such notice the specific details and reasons for disputing each item. The
Non-Paying Party shall pay when due all undisputed amounts to the Billing Party.
29.11.2 Any undisputed amounts not paid when due shall accrue
interest from the date such amounts were due at the lesser of (i) one and
one-half percent (1-1/2%) per month or (ii) the highest rate of interest that
may be charged under applicable law.
29.11.3 If the Parties are unable to resolve issues related to the
Disputed Amounts within forty-five (45) days, then either Party may file a
complaint with the PUC to resolve such issues or proceed with any other remedy
pursuant to law or equity. If such a filing is made with the PUC by either
Party, the Non-Paying Party shall pay all Disputed Amounts into an interest
bearing escrow account with a third Party escrow agent mutually agreed upon by
the Parties. The PUC may direct payment of any or all funds (including any
accrued interest) plus applicable late fees, to be paid to either Party.
29.11.4 The Parties agree that all negotiations pursuant to this
Section 29.11 shall remain confidential and shall be treated as compromise and
settlement negotiations for purposes of the Federal Rules of Evidence and state
rules of evidence.
29.12 Notices. Notices given by one Party to the other Party under this
Agreement shall be in writing and shall be (a) delivered personally, (b)
delivered by express delivery service, (c) mailed, certified mail or first class
U.S. mail postage prepaid, return receipt requested or (d) delivered by telecopy
to the following addresses of the Parties:
To XXXXXX FIBER
45
Xxxxxx Fiber Communications, Inc.
000 Xxxxx Xxxx Xxxx Xxxxx
Xxxx xxx Xxxxxxx, XX 00000
Attn: President
Facsimile: (000) 000-0000
To NYNEX:
NYNEX
0000 Xxxxxx xx Xxxxxxxx
00xx Xxxxx
Xxx Xxxx XX 00000
Attn: Vice President - Wholesale Markets
Facsimile: (000) 000-0000
or to such other address as either Party shall designate by proper notice.
Notices will be deemed given as of the earlier of (i) the date of actual
receipt, (ii) the next business day when notice is sent via express mail or
personal delivery, (iii) three (3) days after mailing in the case of first class
or certified U.S. mail or (iv) on the date set forth on the confirmation in the
case of telecopy.
29.13 Publicity and Use of Trademarks or Service Marks. Neither Party nor
its subcontractors or agents shall use the other Party's trademarks, service
marks, logos or other proprietary trade dress in any advertising, press
releases, publicity matters or other promotional materials without such Party's
prior written consent.
29.14 Section 252(i) Obligations. Consistent with FCC rules, if either
Party enters into an agreement approved by the PUC or FCC pursuant to Section
252 of the Act which provides for the provision in the State of Rhode Island of
arrangements covered in this Agreement to another requesting Telecommunications
Carrier (the "Other Agreement"), including itself or its affiliate, such Party
shall make available to the other Party such arrangements upon the same rates,
terms and conditions as those provided in the Other Agreement. Provided however,
that upon proper notification from XXXXXX FIBER, NYNEX shall make available
without unreasonable delay to XXXXXX FIBER any form of Interconnection, service,
or network element contained in any agreement to which it is a Party that is
approved by any state commission in the NYNEX operating territory pursuant to
Section 252, if such arrangement is technically feasible in the State of Rhode
Island, and will negotiate in good faith with XXXXXX FIBER the rates, terms, and
conditions that will be applicable in the State of Rhode Island. In addition to
the foregoing, XXXXXX FIBER may at any time elect to include in this Agreement
that portion of any other party's approved Rhode Island interconnection
agreement that reflects any arbitration award from the consolidated arbitration
proceeding, Docket Nos. 2449, 2458 and 2467.
46
29.15 Joint Work Product. This Agreement is the joint work product of the
Parties and has been negotiated by the Parties and their respective counsel and
shall be fairly interpreted in accordance with its terms and, in the event of
any ambiguities, no inferences shall be drawn against either Party.
29.16 No Third Party Beneficiaries; Disclaimer of Agency. This Agreement
is for the sole benefit of the Parties and their permitted assigns, and nothing
herein express or implied shall create or be construed to create any third-party
beneficiary rights hereunder. Except for provisions herein expressly authorizing
a Party to act for another, nothing in this Agreement shall constitute a Party
as a legal representative or agent of the other Party, nor shall a Party have
the right or authority to assume, create or incur any liability or any
obligation of any kind, express or implied, against or in the name of or on
behalf of the other Party unless otherwise expressly permitted by such other
Party. Except as otherwise expressly provided in this Agreement, no Party
undertakes to perform any obligation of the other Party, whether regulatory or
contractual, or to assume any responsibility for the management of the other
Party's business.
29.17 No License. No license under patents, copyrights or any other
intellectual property right (other than the limited license to use consistent
with the terms, conditions and restrictions of this Agreement) is granted by
either Party or shall be implied or arise by estoppel with respect to any
transactions contemplated under this Agreement.
29.18 Technology Upgrades. Nothing in this Agreement shall limit NYNEX's
ability to upgrade its network through the incorporation of new equipment, new
software or otherwise. NYNEX shall provide XXXXXX FIBER written notice at least
ninety (90) days prior to the incorporation of any such upgrades in NYNEX's
network which will materially impact XXXXXX FIBER service. XXXXXX FIBER shall be
solely responsible for the cost and effort of accommodating such changes in its
own network.
29.19 Survival. The Parties' obligations under this Agreement which by
their nature are intended to continue beyond the termination or expiration of
this Agreement shall survive the termination or expiration of this Agreement,
including without limitation, Sections 22.0, 25.0, 26.0, 29.3, 29.6, 29.11,
29.13 and 29.17.
29.20 Scope of Agreement. This Agreement is intended to describe and
enable specific Interconnection and access to unbundled Network Elements and
compensation arrangements between the Parties. This Agreement does not obligate
either Party to provide arrangements not specifically provided for herein.
29.21 Entire Agreement. The terms contained in this Agreement and any
Schedules, Exhibits, tariffs and other documents or instruments referred to
herein, which are incorporated into this Agreement by this reference, constitute
the entire agreement between the Parties with respect to the subject matter
hereof, superseding all prior understandings, proposals and other
communications, oral or written. Neither Party shall
47
be bound by any preprinted terms additional to or different from those in this
Agreement that may appear subsequently in the other Party's form documents,
purchase orders, quotations, acknowledgments, invoices or other communications.
This Agreement may only be modified by a writing signed by an officer of each
Party.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to
be executed as of this 22 day of May, 1997.
XXXXXX FIBER COMMUNICATIONS NYNEX
OF RHODE ISLAND
By: /s/ Xxxxxx Xxxxxxxx By: /s/ Xxxxx X. Xxxxxxxx
--------------------------- ------------------------------------
Printed: Xxxxxx Xxxxxxxx Printed: Xxxxx X. Xxxxxxxx
--------------------- ------------------------------
Title: Regional Vice President Title: Vice President-Wholesale Markets
----------------------- --------------------------------
48
SCHEDULE 1.0
CERTAIN TERMS AS DEFINED IN THE ACT
"Affiliate" means a person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control with, another
person. For purposes of this paragraph, the term "own" means to own an equity
interest (or the equivalent thereof) of more than ten percent (10%).
"Dialing Parity" means that a person that is not an Affiliate of a LEC is
able to provide Telecommunications Services in such a manner that Customers have
the ability to route automatically, without the use of any access code, their
Telecommunications to the Telecommunications Services provider of the Customer's
designation from among two (2) or more Telecommunications Services providers
(including such LEC).
"Exchange Access" means the offering of access to Telephone Exchange
Services or facilities for the purpose of the origination or termination of
Telephone Toll Services.
"InterLATA Service" means Telecommunications between a point located in a
local access and transport area and a point located outside such area.
"Local Access and Transport Area" or "LATA" means a contiguous geographic
area: (a) established before the date of enactment of the Act by a Xxxx
operating company such that no Exchange Area includes points within more than
one (1) metropolitan statistical area, consolidated metropolitan statistical
area, or State, except as expressly permitted under the AT&T Consent Decree; or
(b) established or modified by a Xxxx operating company after such date of
enactment and approved by the FCC.
"Local Exchange Carrier" means any person that is engaged in the provision
of Telephone Exchange Service or Exchange Access. Such term does not include a
person insofar as such person is engaged in the provision of a commercial mobile
service under Section 332(c) of the Act, except to the extent that the FCC finds
that such service should be included in the definition of such term.
"Network Element" means a facility or equipment used in the provision of a
Telecommunications Service. Such term also includes features, functions, and
capabilities that are provided by means of such facility or equipment, including
subscriber numbers, databases, signaling systems, and information sufficient for
billing and collection or used in the transmission, routing, or other provision
of a Telecommunications Service.
"Number Portability" means the ability of users of telecommunications
services to retain, at the same location, existing telecommunications numbers
without impairment of quality, reliability, or convenience when switching from
one telecommunications carrier to another.
"Telecommunications" means the transmission, between or among points
specified by the user, of information of the user's choosing, without change in
the form or content of the information as sent and received.
"Telecommunications Carrier" means any provider of Telecommunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Communications
Act).
"Telecommunications Service" means the offering of Telecommunications for
a fee directly to the public, or to such classes of users as to be effectively
available directly to the public, regardless of the facilities used.
"Telephone Exchange Service" means (a) service within a telephone exchange
within a connected system of telephone exchanges within the same exchange area
operated to furnish subscribers intercommunicating service of the character
ordinarily furnished by a single exchange, and which is covered by the exchange
service charge, or (b) comparable service provided through a system of switches,
transmission equipment, or other facilities (or combination thereof) by which a
subscriber can originate and terminate a telecommunications service.
"Telephone Toll Service" means telephone service between stations in
different exchange areas for which there is made a separate charge not included
in contracts with subscribers for exchange service.
1
SCHEDULE 4.0 Network Interconnection Schedule*
LATA NYNEX N-IP XXXXXX FIBER B-IP ACTIVATION DATE
130
* Information to be provided by the Parties at a date determined by the
Parties.
2
SCHEDULE 8.2 NYNEX Intervals for Installation
Service Order Standard Intervals
Number of Standard Interval
DS1Systems (Business Days)
---------- ---------------
Establishment of New Trunk Groups
1-10 60
over 10 negotiated
Additions to Existent Trunk Groups
1-4 30
over 4 negotiated
3
SCHEDULE 27.1 NYNEX Performance Targets1
ACTIVITY PERFORMANCE TARGETS
1. Unbundled Link Installation
a) New Link Installation:
i) Order for Installation < 10 links 5 business days(1)
No Available Facilities Reappoint installation
date
ii) Order for Installation => 10 links
Facilities Confirmation 5 business days(1)
If Available Facilities
< 20 links 10 business days from
Facilities Confirmation
=> 20 links negotiated interval(2)
b) "Hot Cutover" Installation
i) Order for Installation < 10 links 7 business days (1/1/97 to
3/1/97)
5 businesss days (4/1/97
and after)
ii) Order for Installation => 10 links negotiated interval(2)
2. Interim Number Portability Installation
i) Order for Installation < 10 numbers 7 business days (1/1/97 to
3/1/97)
5 businesss days (4/1/97
and after)
ii) Order for Installation => 10 numbers negotiated interval(2)
----------
(1) The Parties agree to use a five (5) business day interval. At a future time
mutally agreed to by the Parties, the installation interval will be a SMARTS
CLOCK interval.
(2) NYNEX will provide the same negotiated intervals it provides to any carrier,
Customer or Parties that are similarly situated.
4
3. Out-of-Service Repairs Less than 24 hours from
NYNEX's Receipt of
Notification of
Out-of-Service Condition
* Subject to the following percentage limitations:
1st half of Agreement 2nd half of Agreement
Period Period
65% 70%
5
SCHEDULE 27.1 (A)
XXXXXX FIBER
Service Quality Criteria
1 New Unbundled Link (SVGALS) Orders
1.0 ANI to XXXXXX FIBER number, verification successful from DEMARC by
NYNEX field technician.
1.1 All order information submitted by XXXXXX FIBER is valid (e.g. street
address, end user LCON, floor/unit number, cable pair assignment)
1.2 Customer (end user) available at appointed date.
1.3 Orders completed as submitted without cancellation after FOC
2 Hot Cut Unbundled Link (SVGALS) Orders
2.0 Verifiable XXXXXX FIBER dial tone at POT bay testable by NYNEX through
appropriate tie cable pair as provided by XXXXXX FIBER on the service request.
2.1 Accurate account and end user information submitted on service request
2.3 Accurate SVGAL tie cable and pair assignment provided by XXXXXX FIBER
on service request
2.4 Orders completed as submitted without cancellation after FOC
6
PRICING SCHEDULE
I. Reciprocal Compensation for local traffic shall equal the rate set forth
below. Such rate for the first six months shall be:
Rate = $.01 per minute
The rate for Reciprocal Compensation is to be adjusted bi-annually based
upon the rates and formula set forth in this Pricing Schedule. The first
adjustment shall occur on January 1, 1998 July 1, 1997 and future adjustments
every six months thereafter.
Reciprocal Compensation for IntraLATA Toll traffic shall equal each
Party's effective applicable tariffed IntraLATA switched access rates.
II. Information Services Billing and Collection
Fee = $.05 per message
III. BLV/BLVI Traffic
Rate = $1.00 per Busy Line Verification
$1.50 per Busy Line Verification Interrupt
(in addition to $1.00 for Busy Line Verification)
IV. Transit Service (Tandem Transient Service)
A. Transit Service
Rate = $.0035 per minute
B. Dedicated Transiting Service
Rate = twice the applicable charge for a collocated channel
termination
V. Interim Telecommunications Number Portability
A. Monthly Recurring Charges
Rate per Business Number = $2.00
Rate per Residential Number = $1.00
No additional charges shall apply for interim number portability,
including additional per-path, per-port, or usage-related charges, except for
third party and collect calls.
7
B. Non-recurring charge
Rate = $20.00 per ported number
Non-recurring charges only apply when interim number portability is
ordered separately from an unbundled link.
VI. IntraLATA 800
Reciprocal Compensation (refer to I above).
Compensation for records exchanged = $.0115 per record
800 database inquiry = $.003981 per database inquiry
VII. Unbundled Links
A. Monthly Rates
1. 2 Wire Switched Voice Grade Analog Link Statewide = $17.53
2. 4 Wire Switched Voice Grade Analog Link Statewide = $52.46
3. 2 Wire Link Conditioned for Digital Statewide = $43.79
4. 4 Wire Link Conditioned for Digital Statewide = $238.84
5. ISDN Premium Link = Price determined on an Individual Case
Basis upon request.
6. Extended Link Service = Price determined on an Individual Case
Basis upon request.
VIII. Unbundled Ports
A. Monthly Rates
Residence voice grade port = $8.00
Business voice grade port = $8.00
IX. 911/E911 Interconnection
Monthly Rate = $252.00 per month for an unequipped DS1 Port and $100.00
per month per voice grade trunk activated and equipped on the DS1 port.
8
X. Wholesale Discounts
a. Month- to- month discounts
Resale with Operator Business = 18.78 %
Services and Directory Residence = 17.30 %
Assistance
Resale without Operator Business = 20.25 %
Services and Directory Residence = 19.04 %
Assistance
b. Term and Volume Discounts
To be negotiated based on receipt of a Bona Fide Re,quest
XI. Directory Assistance
NYNEX-Branded DA = $.27 per message
XXXXXX FIBER-Branded DA = $.32 per message
NYNEX Branded DA with Directory Assistance Call
Completion (DACC) = $.52 per message*
XXXXXX FIBER Branded DA with DACC = $.57 per message*
(*plus flat rate charge per MOU for Call Completion)
Operator Services - Call Completion Services
0+ / Mechanized Call Completion
Calling Card $.20 per call
Collect $.40 per call
Xxxx to Third Number $.40 per call
0- / Operator Assisted Call Completion $.0230 per operator work second
Record Charges
EMR format - per record charge $.0102
9
PRICING SCHEDULE
Reciprocal Compensation Calculation
I. Time of Day Definitions
II. Base Rates - Per Minute of Use
Peak = $0.011
Off-Peak = $0.008
III. Formula for determining Reciprocal Compensation (% Peak Traffic + %
Off-Peak Traffic = 100% for each Party)
(XXXXXX FIBER-originated Peak Minutes + NYNEX-originated Peak Minutes) * Peak
Rate / Total XXXXXX FIBER + NYNEX Minutes
+
(XXXXXX FIBER-originated Off-Peak Minutes + NYNEX-originated Off-Peak Minutes)
* Off-Peak Rate / Total XXXXXX FIBER + NYNEX Minutes
10
EXHIBIT A
NETWORK ELEMENT BONA FIDE REQUEST
1. Each Party shall promptly consider and analyze access to a new
unbundled Network Element with the submission of a Network Element Bona Fide
Request hereunder. The Network Element Bona Fide Request process set forth
herein does not apply to those services requested pursuant to Report & Order and
Notice of Proposed Rulemaking 91-141 (rel. Oct. 19, 1992) P. 259 and n.603 or
subsequent orders.
2. A Network Element Bona Fide Request shall be submitted in writing and
shall include a technical description of each requested Network Element.
3. The requesting Party may cancel a Network Element Bona Fide Request at
any time, but shall pay the other Party's reasonable and demonstrable costs of
processing and/or implementing the Network Element Bona Fide Request up to the
date of cancellation.
4. Within ten (10) business days of its receipt, the receiving Party shall
acknowledge receipt of the Network Element Bona Fide Request.
5. Except under extraordinary circumstances, within thirty (30) days of
its receipt of a Network Element Bona Fide Request, the receiving Party shall
provide to the requesting Party a preliminary analysis of such Network Element
Bona Fide Request. The preliminary analysis shall confirm that the receiving
Party will offer access to the Network Element or will provide a detailed
explanation that access to the Network Element is not technically feasible
and/or that the request does not qualify as a Network Element that is required
to be provided under the Act.
6. If the receiving Party determines that the Network Element Bona Fide
Request is technically feasible and otherwise qualifies under the Act, it shall
promptly proceed with developing the Network Element Bona Fide Request upon
receipt of written authorization from the requesting Party. When it receives
such authorization, the receiving Party shall promptly develop the requested
services, determine their availability, calculate the applicable prices and
establish installation intervals.
7. Unless the Parties otherwise agree, the Network Element Requested must
be priced in accordance with Section 252(d)(1) of the Act.
8. As soon as feasible, but not more than ninety (90) days after its
receipt of authorization to proceed with developing the Network Element Bona
Fide Request, the receiving Party shall provide to the requesting Party a
Network Element Bona Fide Request quote which will include, at a minimum, a
description of each Network Element, the availability, the applicable rates and
the installation intervals.
11
9. Within thirty (30) days of its receipt of the Network Element Bona Fide
Request. quote, the requesting Party must either confirm its order for the
Network Element Bona Fide Request pursuant to the Network Element Bona Fide
Request quote or seek arbitration by the PUC pursuant to Section 252 of the Act.
10. If a Party to a Network Element Bona Fide Request believes that the
other Party is not requesting, negotiating or processing the Network Element
Bona Fide Request 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 PUC pursuant to Section 252 of
the Act.
12
Schedule 27.2
Performance Measurement Reports
13
Comparability Reports for Resale - POTS
-------------------------------------------
Product: Resale - POTS
-------------------------------------------
State: Rhode Island
-------------------------------------------
Time Period: (Monthly)
-------------------------------------------
------------------------------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------------------------
Metric Specific All NYNEX & Top 10 (RI Top 3
Carrier Telecom. Affiliate only) Carriers
Carriers (RI only)
------------------------------------------------------------------------------------------------------------
Provisioning
------------------------------------------------------------------------------------------------------------
Number of Installation Orders
------------------------------------------------------------------------------------------------------------
Average Interval - business days
------------------------------------------------------------------------------------------------------------
% Complete w/in 5 Days - Residence
------------------------------------------------------------------------------------------------------------
% Complete w/in 5 Days - Business
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - Dispatch
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - No Dispatch
------------------------------------------------------------------------------------------------------------
% completed in 1business day - Dispatch
------------------------------------------------------------------------------------------------------------
% completed in 1business day - No Dispatch
------------------------------------------------------------------------------------------------------------
% Completed w/in 2 business days - Dispatch
------------------------------------------------------------------------------------------------------------
% Completed w/in 2 business days - No Dispatch
------------------------------------------------------------------------------------------------------------
% Completed w/in 3 business days - Dispatch
------------------------------------------------------------------------------------------------------------
% Completed w/in 3 business days - No Dispatch
------------------------------------------------------------------------------------------------------------
% Completed w/in 4 business days
------------------------------------------------------------------------------------------------------------
% Completed w/in 5 business days
------------------------------------------------------------------------------------------------------------
% Completed w/in 6 business days
------------------------------------------------------------------------------------------------------------
% Installation Troubles w/in 7 Days
------------------------------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - Customer
------------------------------------------------------------------------------------------------------------
Maintenance
------------------------------------------------------------------------------------------------------------
Total Number of Troubles Reported
------------------------------------------------------------------------------------------------------------
Customer Trouble Report Rate
------------------------------------------------------------------------------------------------------------
Mean Time to Repair
------------------------------------------------------------------------------------------------------------
% Missed Repair Appointments
------------------------------------------------------------------------------------------------------------
% Lines Out of Service > 4 Hours
------------------------------------------------------------------------------------------------------------
% Lines Out of Service > 12 Hours
------------------------------------------------------------------------------------------------------------
% Out of Service > 24 Hours
------------------------------------------------------------------------------------------------------------
% Cleared within 24 Hours
------------------------------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
------------------------------------------------------------------------------------------------------------
% CPE Troubles
------------------------------------------------------------------------------------------------------------
% Subsequent Trouble Reports
------------------------------------------------------------------------------------------------------------
% No Trouble Found
------------------------------------------------------------------------------------------------------------
% No Access
------------------------------------------------------------------------------------------------------------
Notes:
1. Customer Trouble Report Rate excludes CPE and subsequents
2. Subsequents are additional calls on open troubles
3. Some measures are an indicator of carrier performance, such as % no
trouble found, % CPE and % no access
14
Comparability Reports for Resale - SPECIALS - DS0
-------------------------------------------
Product: Resale - Specials DS0
-------------------------------------------
State: Rhode Island
-------------------------------------------
Time Period: (Monthly)
-------------------------------------------
------------------------------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------------------------
Metric Specific All NYNEX & Top 10 (RI Top 3
Carrier Telecom. Affiliate only) Carriers
Carriers (RI only)
------------------------------------------------------------------------------------------------------------
Provisioning
------------------------------------------------------------------------------------------------------------
Number of Installation Orders
------------------------------------------------------------------------------------------------------------
Average Interval - business days
------------------------------------------------------------------------------------------------------------
% Complete w/in 5 Days - Residence
------------------------------------------------------------------------------------------------------------
% Complete w/in 5 Days - Business
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - Dispatch
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - No Dispatch
------------------------------------------------------------------------------------------------------------
% completed in 1business day - Dispatch
------------------------------------------------------------------------------------------------------------
% completed in 1business day - No Dispatch
------------------------------------------------------------------------------------------------------------
% Completed w/in 2 business days - Dispatch
------------------------------------------------------------------------------------------------------------
% Completed w/in 2 business days - No Dispatch
------------------------------------------------------------------------------------------------------------
% Completed w/in 3 business days - Dispatch
------------------------------------------------------------------------------------------------------------
% Completed w/in 3 business days - No Dispatch
------------------------------------------------------------------------------------------------------------
% Completed w/in 4 business days
------------------------------------------------------------------------------------------------------------
% Completed w/in 5 business days
------------------------------------------------------------------------------------------------------------
% Completed w/in 6 business days
------------------------------------------------------------------------------------------------------------
% Installation Troubles w/in 7 Days
------------------------------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - Customer
------------------------------------------------------------------------------------------------------------
Maintenance
------------------------------------------------------------------------------------------------------------
Total Number of Troubles Reported
------------------------------------------------------------------------------------------------------------
Customer Trouble Report Rate
------------------------------------------------------------------------------------------------------------
Mean Time to Repair
------------------------------------------------------------------------------------------------------------
% Lines Out of Service > 4 Hours
------------------------------------------------------------------------------------------------------------
% Lines Out of Service > 12 Hours
------------------------------------------------------------------------------------------------------------
% Out of Service > 24 Hours
------------------------------------------------------------------------------------------------------------
% Cleared within 24 Hours
------------------------------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
------------------------------------------------------------------------------------------------------------
% CPE Troubles
------------------------------------------------------------------------------------------------------------
% Subsequent Trouble Reports
------------------------------------------------------------------------------------------------------------
% No Trouble Found
------------------------------------------------------------------------------------------------------------
% No Access
------------------------------------------------------------------------------------------------------------
Notes: 1. Customer Trouble Report Rate excludes CPE and subsequents, 2.
Subsequents are additional calls on open troubles, 3. Some measures are an
indicator of carrier performance, such as % no trouble found, % CPE and % no
access
15
Comparability Reports for Resale - SPECIALS - DS1
-------------------------------------------
Product: Resale - Specials - DS1
-------------------------------------------
State: Rhode Island
-------------------------------------------
Time Period: (Monthly)
-------------------------------------------
------------------------------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------------------------
Metric Specific All NYNEX & Top 10 (RI Top 3
Carrier Telecom. Affiliate only) Carriers
Carriers (RI only)
------------------------------------------------------------------------------------------------------------
Provisioning
------------------------------------------------------------------------------------------------------------
Number of Installation Orders
------------------------------------------------------------------------------------------------------------
Average Interval - business days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - Dispatch
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - No Dispatch
------------------------------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - Customer
------------------------------------------------------------------------------------------------------------
Maintenance
------------------------------------------------------------------------------------------------------------
Total Number of Troubles Reported
------------------------------------------------------------------------------------------------------------
Customer Trouble Report Rate
------------------------------------------------------------------------------------------------------------
Mean Time to Repair
------------------------------------------------------------------------------------------------------------
% Lines Out of Service > 4 Hours
------------------------------------------------------------------------------------------------------------
% Lines Out of Service > 12 Hours
------------------------------------------------------------------------------------------------------------
% Out of Service > 24 Hours
------------------------------------------------------------------------------------------------------------
% Cleared within 24 Hours
------------------------------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
------------------------------------------------------------------------------------------------------------
% CPE Troubles
------------------------------------------------------------------------------------------------------------
% Subsequent Trouble Reports
------------------------------------------------------------------------------------------------------------
% No Trouble Found
------------------------------------------------------------------------------------------------------------
% No Access
------------------------------------------------------------------------------------------------------------
Notes: 1. Customer Trouble Report Rate excludes CPE and subsequents, 2.
Subsequents are additional calls on open troubles, 3. Some measures are an
indicator of carrier performance, such as % no trouble found, % CPE and % no
access
16
Comparability Reports for Resale - SPECIALS - DS3
-------------------------------------------
Product: Resale - Specials - DS3
-------------------------------------------
State: Rhode Island
-------------------------------------------
Time Period: (Monthly)
-------------------------------------------
------------------------------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------------------------
Metric Specific All NYNEX & Top 10 (RI Top 3
Carrier Telecom. Affiliate only) Carriers
Carriers (RI only)
------------------------------------------------------------------------------------------------------------
Provisioning
------------------------------------------------------------------------------------------------------------
Number of Installation Orders
------------------------------------------------------------------------------------------------------------
Average Interval - business days
------------------------------------------------------------------------------------------------------------
% Complete w/in 5 Days - Residence
------------------------------------------------------------------------------------------------------------
% Complete w/in 5 Days - Business
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - Dispatch
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - No Dispatch
------------------------------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - Customer
------------------------------------------------------------------------------------------------------------
Maintenance
------------------------------------------------------------------------------------------------------------
Total Number of Troubles Reported
------------------------------------------------------------------------------------------------------------
Customer Trouble Report Rate
------------------------------------------------------------------------------------------------------------
Mean Time to Repair
------------------------------------------------------------------------------------------------------------
% Lines Out of Service > 4 Hours
------------------------------------------------------------------------------------------------------------
% Lines Out of Service > 12 Hours
------------------------------------------------------------------------------------------------------------
% Out of Service > 24 Hours
------------------------------------------------------------------------------------------------------------
% Cleared within 24 Hours
------------------------------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
------------------------------------------------------------------------------------------------------------
% CPE Troubles
------------------------------------------------------------------------------------------------------------
% Subsequent Trouble Reports
------------------------------------------------------------------------------------------------------------
% No Trouble Found
------------------------------------------------------------------------------------------------------------
% No Access
------------------------------------------------------------------------------------------------------------
Notes: 1. Customer Trouble Report Rate excludes CPE and subsequents, 2.
Subsequents are additional calls on open troubles, 3. Some measures are an
indicator of carrier performance, such as % no trouble found, % CPE and % no
access
17
Comparability Reports for Resale - SPECIALS - Other
-------------------------------------------
Product: Resale - Specials - Other
-------------------------------------------
State: Rhode Island
-------------------------------------------
Time Period: (Monthly)
-------------------------------------------
------------------------------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------------------------
Metric Specific All NYNEX & Top 10 (RI Top 3
Carrier Telecom. Affiliate only) Carriers
Carriers (RI only)
------------------------------------------------------------------------------------------------------------
Provisioning
------------------------------------------------------------------------------------------------------------
Number of Installation Orders
------------------------------------------------------------------------------------------------------------
Average Interval - business days
------------------------------------------------------------------------------------------------------------
% Complete w/in 5 Days - Residence
------------------------------------------------------------------------------------------------------------
% Complete w/in 5 Days - Business
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - Dispatch
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - No Dispatch
------------------------------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - Customer
------------------------------------------------------------------------------------------------------------
Maintenance
------------------------------------------------------------------------------------------------------------
Total Number of Troubles Reported
------------------------------------------------------------------------------------------------------------
Customer Trouble Report Rate
------------------------------------------------------------------------------------------------------------
Mean Time to Repair
------------------------------------------------------------------------------------------------------------
% Lines Out of Service > 4 Hours
------------------------------------------------------------------------------------------------------------
% Lines Out of Service > 12 Hours
------------------------------------------------------------------------------------------------------------
% Out of Service > 24 Hours
------------------------------------------------------------------------------------------------------------
% Cleared within 24 Hours
------------------------------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
------------------------------------------------------------------------------------------------------------
% CPE Troubles
------------------------------------------------------------------------------------------------------------
% Subsequent Trouble Reports
------------------------------------------------------------------------------------------------------------
% No Trouble Found
------------------------------------------------------------------------------------------------------------
% No Access
------------------------------------------------------------------------------------------------------------
Notes: 1. Customer Trouble Report Rate excludes CPE and subsequents, 2.
Subsequents are additional calls on open troubles, 3. Some measures are an
indicator of carrier performance, such as % no trouble found, % CPE and % no
access
18
Comparability Reports for Unbundled Elements - POTS
-------------------------------------------------------------
Product: Unbundled Elements - POTS (Dial Tone Services)
-------------------------------------------------------------
State: Rhode Island
-------------------------------------------------------------
Time Period: (Monthly)
-------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------------------------
Metric Specific All NYNEX & Top 10 (RI Top 3
Carrier Telecom. Affiliate only) Carriers
Carriers (RI only)
------------------------------------------------------------------------------------------------------------
Provisioning
------------------------------------------------------------------------------------------------------------
Number of Installation Orders
------------------------------------------------------------------------------------------------------------
Average Interval - business days
------------------------------------------------------------------------------------------------------------
% Complete w/in 1 Days - Residence
------------------------------------------------------------------------------------------------------------
% Complete w/in 1 Days - Business
------------------------------------------------------------------------------------------------------------
% completed in 2 business day - Dispatch
------------------------------------------------------------------------------------------------------------
% completed in 2 business day - No Dispatch
------------------------------------------------------------------------------------------------------------
% Completed w/in 3 business days - Dispatch
------------------------------------------------------------------------------------------------------------
% Completed w/in 3 business days - No Dispatch
------------------------------------------------------------------------------------------------------------
% Completed w/in 4 business days
------------------------------------------------------------------------------------------------------------
% Completed w/in 5 business days
------------------------------------------------------------------------------------------------------------
% Completed w/in 6 business days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - Dispatch
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - No Dispatch
------------------------------------------------------------------------------------------------------------
% Installation Troubles w/in 7 Days
------------------------------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - Customer
------------------------------------------------------------------------------------------------------------
Maintenance
------------------------------------------------------------------------------------------------------------
Total Number of Troubles Reported
------------------------------------------------------------------------------------------------------------
Customer Trouble Report Rate
------------------------------------------------------------------------------------------------------------
Customer Trouble Report Rate - Loop
------------------------------------------------------------------------------------------------------------
Customer Trouble Report Rate - CO
------------------------------------------------------------------------------------------------------------
% Missed Repair Appointments
------------------------------------------------------------------------------------------------------------
Mean Time to Repair - Loop Trouble
------------------------------------------------------------------------------------------------------------
Mean Time to Repair - CO Trouble
------------------------------------------------------------------------------------------------------------
% Lines Out of Service > 4 Hours
------------------------------------------------------------------------------------------------------------
% Lines Out of Service > 12 Hours
------------------------------------------------------------------------------------------------------------
% Out of Service > 24 Hours
------------------------------------------------------------------------------------------------------------
% Cleared within 24 Hours
------------------------------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
------------------------------------------------------------------------------------------------------------
% Subsequent Trouble Reports
------------------------------------------------------------------------------------------------------------
% CPE Troubles
------------------------------------------------------------------------------------------------------------
% No Trouble Found
------------------------------------------------------------------------------------------------------------
% No Access
------------------------------------------------------------------------------------------------------------
Notes: 1. Customer Trouble Report Rate excludes CPE and subsequents, 2.
Subsequents are additional calls on open troubles, 3. Some measures are an
indicator of carrier performance, such as % no trouble found, % CPE and % no
access, 4., Other Unbundled elements include equivalent complex special services
requiring specialized circuit design
19
Comparability Reports for Unbundled Elements - Specials - DS0
------------------------------------------------------
Product: Other Unbundled Elements - SPECIALS - DS0
------------------------------------------------------
State: Rhode Island
------------------------------------------------------
Time Period: (Monthly)
------------------------------------------------------
------------------------------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------------------------
Metric Specific All NYNEX & Top 10 (RI Top 3
Carrier Telecom. Affiliate only) Carriers
Carriers (RI only)
------------------------------------------------------------------------------------------------------------
Provisioning
------------------------------------------------------------------------------------------------------------
Number of Installation Orders
------------------------------------------------------------------------------------------------------------
Average Interval - business days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - Dispatch
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - No Dispatch
------------------------------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - Customer
------------------------------------------------------------------------------------------------------------
Maintenance
------------------------------------------------------------------------------------------------------------
Total Number of Troubles Reported
------------------------------------------------------------------------------------------------------------
Customer Trouble Report Rate
------------------------------------------------------------------------------------------------------------
Mean Time to Repair
------------------------------------------------------------------------------------------------------------
% Out of Service > 4 hours
------------------------------------------------------------------------------------------------------------
% Out of Service > 24 Hours
------------------------------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
------------------------------------------------------------------------------------------------------------
% Subsequent Trouble Reports
------------------------------------------------------------------------------------------------------------
% CPE Troubles
------------------------------------------------------------------------------------------------------------
% No Trouble Found
------------------------------------------------------------------------------------------------------------
% No Access
------------------------------------------------------------------------------------------------------------
Notes:
1. Customer Trouble Report Rate excludes CPE and subsequents
2. Subsequents are additional calls on open troubles
3. Some measures are an indicator of carrier performance, such as % no trouble
found, % CPE and % no access
4. Other Unbundled elements include equivalent complex special services
requiring specialized circuit design
20
Comparability Reports for Unbundled Elements - Specials - DS1
------------------------------------------------------
Product: Other Unbundled Elements - SPECIALS - DS1
------------------------------------------------------
State: Rhode Island
------------------------------------------------------
Time Period: (Monthly)
------------------------------------------------------
------------------------------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------------------------
Metric Specific All NYNEX & Top 10 (RI Top 3
Carrier Telecom. Affiliate only) Carriers
Carriers (RI only)
------------------------------------------------------------------------------------------------------------
Provisioning
------------------------------------------------------------------------------------------------------------
Number of Installation Orders
------------------------------------------------------------------------------------------------------------
Average Interval - business days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - Dispatch
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - No Dispatch
------------------------------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - Customer
------------------------------------------------------------------------------------------------------------
Maintenance
------------------------------------------------------------------------------------------------------------
Total Number of Troubles Reported
------------------------------------------------------------------------------------------------------------
Customer Trouble Report Rate
------------------------------------------------------------------------------------------------------------
Mean Time to Repair
------------------------------------------------------------------------------------------------------------
% Out of Service > 4 hours
------------------------------------------------------------------------------------------------------------
% Out of Service > 24 Hours
------------------------------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
------------------------------------------------------------------------------------------------------------
% Subsequent Trouble Reports
------------------------------------------------------------------------------------------------------------
% CPE Troubles
------------------------------------------------------------------------------------------------------------
% No Trouble Found
------------------------------------------------------------------------------------------------------------
% No Access
------------------------------------------------------------------------------------------------------------
Notes:
1. Customer Trouble Report Rate excludes CPE and subsequents
2. Subsequents are additional calls on open troubles
3. Some measures are an indicator of carrier performance, such as % no trouble
found, % CPE and % no access
4. Other Unbundled elements include equivalent complex special services
requiring specialized circuit design
21
Comparability Reports for Unbundled Elements - Specials - DS3
-------------------------------------------------------
Product: Other Unbundled Elements - SPECIALS - DS3
-------------------------------------------------------
State: Rhode Island
-------------------------------------------------------
Time Period: (Monthly)
-------------------------------------------------------
------------------------------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------------------------
Metric Specific All NYNEX & Top 10 (RI Top 3
Carrier Telecom. Affiliate only) Carriers
Carriers (RI only)
------------------------------------------------------------------------------------------------------------
Provisioning
------------------------------------------------------------------------------------------------------------
Number of Installation Orders
------------------------------------------------------------------------------------------------------------
Average Interval - business days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - Dispatch
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - No Dispatch
------------------------------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - Customer
------------------------------------------------------------------------------------------------------------
Maintenance
------------------------------------------------------------------------------------------------------------
Total Number of Troubles Reported
------------------------------------------------------------------------------------------------------------
Customer Trouble Report Rate
------------------------------------------------------------------------------------------------------------
Mean Time to Repair
------------------------------------------------------------------------------------------------------------
% Out of Service > 4 hours
------------------------------------------------------------------------------------------------------------
% Out of Service > 24 Hours
------------------------------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
------------------------------------------------------------------------------------------------------------
% Subsequent Trouble Reports
------------------------------------------------------------------------------------------------------------
% CPE Troubles
------------------------------------------------------------------------------------------------------------
% No Trouble Found
------------------------------------------------------------------------------------------------------------
% No Access
------------------------------------------------------------------------------------------------------------
Notes:
1. Customer Trouble Report Rate excludes CPE and subsequents
2. Subsequents are additional calls on open troubles
3. Some measures are an indicator of carrier performance, such as % no trouble
found, % CPE and % no access
4. Other Unbundled elements include equivalent complex special services
requiring specialized circuit design
22
Comparability Reports for Unbundled Elements - Specials - Other
--------------------------------------------------------
Product: Other Unbundled Elements - SPECIALS - Other
--------------------------------------------------------
State: Rhode Island
--------------------------------------------------------
Time Period: (Monthly)
--------------------------------------------------------
------------------------------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------------------------
Metric Specific All NYNEX & Top 10 (RI Top 3
Carrier Telecom. Affiliate only) Carriers
Carriers (RI only)
------------------------------------------------------------------------------------------------------------
Provisioning
------------------------------------------------------------------------------------------------------------
Number of Installation Orders
------------------------------------------------------------------------------------------------------------
Average Interval - business days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - Dispatch
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX - No Dispatch
------------------------------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - Customer
------------------------------------------------------------------------------------------------------------
Maintenance
------------------------------------------------------------------------------------------------------------
Total Number of Troubles Reported
------------------------------------------------------------------------------------------------------------
Customer Trouble Report Rate
------------------------------------------------------------------------------------------------------------
Mean Time to Repair
------------------------------------------------------------------------------------------------------------
% Out of Service > 4 hours
------------------------------------------------------------------------------------------------------------
% Out of Service > 24 Hours
------------------------------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
------------------------------------------------------------------------------------------------------------
% Subsequent Trouble Reports
------------------------------------------------------------------------------------------------------------
% CPE Troubles
------------------------------------------------------------------------------------------------------------
% No Trouble Found
------------------------------------------------------------------------------------------------------------
% No Access
------------------------------------------------------------------------------------------------------------
Notes:
1. Customer Trouble Report Rate excludes CPE and subsequents
2. Subsequents are additional calls on open troubles
3. Some measures are an indicator of carrier performance, such as % no trouble
found, % CPE and % no access
4. Other Unbundled elements include equivalent complex special services
requiring specialized circuit design
23
Comparability Reports for Interconnection
If appropriate - to be broken down into DS0, DS1 and DS3
-------------------------------------------
Product: Interconnection Trunks
-------------------------------------------
State: Rhode Island
-------------------------------------------
Time Period: (Monthly)
-------------------------------------------
------------------------------------------------------------------------------------------------------------
Actual Service Performance
--------------------------------------------------------
Metric Specific All NYNEX & Top 10 (RI Top 3
Carrier Telecom. Affiliate only) Carriers
Carriers (RI only)
------------------------------------------------------------------------------------------------------------
Provisioning
------------------------------------------------------------------------------------------------------------
Number of Installation Orders
------------------------------------------------------------------------------------------------------------
Average Interval - business days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - NYNEX
------------------------------------------------------------------------------------------------------------
% Installation Troubles w/in 30 days
------------------------------------------------------------------------------------------------------------
% Missed Appointment - Customer
------------------------------------------------------------------------------------------------------------
Maintenance
------------------------------------------------------------------------------------------------------------
Total Number of Troubles Reported
------------------------------------------------------------------------------------------------------------
Customer Trouble Report Rate
------------------------------------------------------------------------------------------------------------
Mean Time to Repair
------------------------------------------------------------------------------------------------------------
% Out of Service > 2 Hours
------------------------------------------------------------------------------------------------------------
% Out of Service > 4 Hours
------------------------------------------------------------------------------------------------------------
% Out of Service > 12 Hours
------------------------------------------------------------------------------------------------------------
% Out of Service > 24 Hours
------------------------------------------------------------------------------------------------------------
% Repeat Reports w/in 30 days
------------------------------------------------------------------------------------------------------------
% Subsequent Trouble Reports
------------------------------------------------------------------------------------------------------------
% No Trouble Found
------------------------------------------------------------------------------------------------------------
Notes:
1. Customer Trouble Report Rate excludes CPE and subsequents
2. Subsequents are additional calls on open troubles
3. Some measures are an indicator of carrier performance, such as % no trouble
found, % CPE and % no access
24
Reports Defined - Service Category
--------------------------------------------------------------------------------
Name Definition
--------------------------------------------------------------------------------
Resale - POTS Retail Products sold on a wholesale basis to a
reseller. Services are bundled and equal to those
sold on a retail basis.
--------------------------------------------------------------------------------
Resale - Special Resold services that require design intervention.
These include higher capacity lines and
interoffice facilities used in concert with a
local facility. Reported at the DS0, DS1, DS3 and
Other level.
--------------------------------------------------------------------------------
Unbundled Elements - POTS Unbundled Network Elements that in part or
combined would create a POTS type service.
Elements include: Loops, Ports, NIDs, House and
Riser and combinations. Interim number
portability orders are also included.
--------------------------------------------------------------------------------
Unbundled Elements - Special Unbundled Network Elements that in part or in
combination would require design intervention.
These include higher capacity lines and
interoffice facilities used in concert with a
local facility. Reported at the DS0, DS1, DS3 and
Other level.
--------------------------------------------------------------------------------
Interconnection Trunks Trunks provisioned to carry traffic between NYNEX
Central offices to the local co-carrier (CLEC).
Interconnection trunks can be within the walls of
a central office to a co-located POT bay, or
between a NYNEX end office and a CLEC (local
co-carrier) office.
--------------------------------------------------------------------------------
25
Column Definitions
--------------------------------------------------------------------------------
Name Definition
--------------------------------------------------------------------------------
Local Co-Carrier (CLEC/Reseller) Service performance results for the specific
Specific Local Co-Carrier (Reseller/CLEC) within
designated geographic report.
--------------------------------------------------------------------------------
All Aggregated service performance results for
all Local Co-Carriers CLECs/Resellers in
geographic report
--------------------------------------------------------------------------------
NYNEX and Affiliates Service performance results for NYNEX end
users (business and residential) and the
services provided to a NYNEX affiliates end
users. Excludes reseller/CLEC results.
--------------------------------------------------------------------------------
Top 100 Largest Customers Mass. Only. Aggregated service performance
results for the largest 100 NYNEX business
end users.
--------------------------------------------------------------------------------
Top 10 Largest Customers RI Only. Aggregated service performance
results for the largest 10 NYNEX business end
users.
--------------------------------------------------------------------------------
Top 3 Carriers RI Only. Aggregated service performance
results for three largest carriers and their
respective CLEC/Reseller operations. Not
intended as a comparison to Long Distance
Access Services.
--------------------------------------------------------------------------------
26
APPENDIX 2
Appendix 2
SCHEDULE 4.0 Network Interconnection Schedule
LATA HARVARDNET N-IP BA-IP ACTIVATION DATE
XXX XXX XXX XXX
